Pursuant to Section 804 of the Charter, there
is hereby established a merit personnel system which shall govern
the recruitment, hiring, promotion, suspension and discharge of municipal
employees and which shall also provide for and regulate other rights,
terms and conditions of municipal employment.
All municipal appointments and promotions shall
be made without regard to sex, race, religion or political affiliation
and shall be based on merit and fitness.
The following positions shall be exempt from
the provisions of the merit system:
A.
Elected officials.
B.
Employees appointed by the Mayor with the advice and
consent of the Council, including the Solicitor, the Municipal Administrator,
and members of boards, commissions and authorities.
C.
Department heads.
D.
Temporary employees, including those hired through
state/federal programs.
The Mayor shall be responsible for the overall
administration of the merit system, and the Administrator shall be
responsible for its day-to-day operation.
A.
It shall be the responsibility of the Administrator
to ensure that the spirit and intent of the merit system is met, and,
further, he shall:
(1)
Encourage and exercise leadership in the development
of effective personnel administration within the several departments
in the municipality, and make available the facilities to meet this
end.
(2)
Advise the Mayor on manpower utilization.
(3)
Foster and develop programs for the improvement of
employee effectiveness, including training, safety, health, counseling
and welfare.
(4)
Investigate from time to time the operation and effect
of this merit system and of the policies made thereunder and report
his findings and recommendations to the Mayor.
(5)
Establish and maintain records of all employees in
the municipality, in which there shall be set forth as to each employee,
the class, title, pay or status and other relevant data.
(6)
Make an annual report to the Mayor regarding the work
of the departments and their manpower utilization and needs.
(7)
Apply and carry out the provisions of this system
and the policies thereunder, and perform any other lawful acts which
may be necessary or desirable to carry out the purposes and provisions
of this merit system.
B.
On recommendation of the Mayor, the Administrator
shall issue personnel policies for the municipality. Adequate public
notice shall be given to all interested parties of proposed changes
or additions to the personnel policies prior to the time they are
to take effect. The policies shall provide for:
(1)
The preparation, maintenance and revision of a position
classification plan for all positions in the career service, based
upon similarity of duties performed and responsibilities assumed,
so that the same qualifications may reasonably be required for, and
the same schedule of pay may be equitably applied to, all positions
in the same class.
(2)
The annual submission of a pay plan to the Mayor.
(3)
Recruitment of capable persons and for administering
fair, open evaluations to determine the relative fitness of applicants
for positions of employment.
(4)
The certification to the Mayor of the names of persons
who are categorized as qualified to fill a vacancy.
(5)
The establishment and maintenance of eligible lists
for appointment and promotion, upon which lists shall be placed the
names of successful applicants.
(6)
Promotions which shall give appropriate consideration
to the applicant's qualifications, record of performance, and ability.
(7)
A period of employee probation of six (6) months,
upon appointment or promotion, prior to permanent appointment.
(8)
Emergency employment for not more than ninety (90)
days with the consent of the Administrator and for provisional employment
without open evaluation when there is no appropriate eligible list
available. No such provisional employment shall continue longer than
six (6) months, nor shall successive provisional appointments be allowed
except during the first year after the effective date of the Charter.
(9)
Keeping records of performance of all employees in
the career service, which performance records shall be considered
in determining salary increments or increases for meritorious services,
promotions, layoffs because of lack of funds or work, reinstatement,
demotions, discharges and transfers.
(10)
Layoffs by reason of lack of funds or work, or abolition
of a position, or material change in duties or organization, and for
reemployment of employees so laid off.
(11)
Establishment of a plan for resolving employee grievances
and complaints.
(12)
The establishment of disciplinary measures, such as
suspension, demotion in rank or grade, or discharge. Such measures
shall provide for presentation of charges, hearing rights and appeals
for all permanent employees in the career service.
(13)
Establishing hours of work, holidays, vacation, sick
benefits and attendance regulations in various classes of positions
in the career service, and all other conditions of employment.
(14)
Establishing and publicizing fringe benefits, such
as insurance programs, retirement and leave policies.
(15)
Such other policies and administrative regulations
not inconsistent with the code, as may be proper and necessary for
its enforcement.
C.
The Administrator or his authorized agent shall be
responsible for certification of the payroll vouchers that the persons
named therein have been appointed and employed in accordance with
the provision of this code and the policies thereunder. No municipal
disbursing or auditing officer shall make or approve or take any part
in making or approving any payment for personal service to any person
holding a position in the municipal service, unless said payroll voucher
or account of such pay bears the certification of the Administrator
of his authorized agent.
[Amended 8-22-1988]
A.
It shall be the responsibility of the Municipal Administrator
to operate and maintain the recruitment and promotional system. This
system shall be generally governed by merit principles, which include
the hiring and promoting of personnel based upon qualifications with
the open consideration of all candidates, equal pay for equal work,
training for career advancement, retention based upon performance
and equal employment opportunity with nondiscrimination with respect
to municipal employment because of race, color, sex, religion or national
origin. The procedures to be followed are:
(1)
The department head notifies the Administrator, in
writing, that a vacancy exists within his department. This notice
shall include a description of the position to be filled.
(2)
If a list of eligible candidates exists from a previous
recruitment/promotional process and that list is less than twelve
(12) months old, computed from the date on which the Administrator
certifies the list, then the Administrator will cause that list to
be submitted to the Mayor with the department head's request and with
any other recommendations or comments. The Mayor can select from any
of those remaining on that list. If the Mayor chooses to not select
from the existing list and desires to fill the vacancy(ies) or if
a valid list does not exist, the Administrator shall advertise the
position in a local newspaper(s) of general circulation for a period
of two (2) weeks. This advertisement shall appear at least three (3)
times during this two-week period. He shall also cause such vacancy
to be posted prominently in all departments so that current employees
can apply for any vacancy.
(3)
At the end of this two-week period, a list of all
applicants will be prepared by the office of the Administrator, with
all applicants thereby notified of date(s) of written testing, if
applicable. Written testing shall be conducted if valid standardized
examinations are available for the position to be filled. The administration
of written examinations shall be conducted under the supervision of
the Municipal Administrator or his designee. Examinations will be
conducted in a proctored environment and conducted as dictated by
the providing agency. Examinees receiving scores among the top ten
(10), plus ties, shall be listed for oral interview. This list will
be prepared and distributed to the Mayor and department head. When
listing the applicants, a summary of their pertinent information shall
be provided. Examination scores are for the purpose of determining
the top ten (10) applicants, plus ties, and will not be further used
in the recruitment process. Those not among the top ten (10), plus
ties, shall be permitted to review their test, if permitted by the
providing agency. In any case, nonselectees will be provided if they
so request, their relative position among all applicants.
(4)
When written testing is not practical due to the nonavailability
of appropriate examinations, all qualified applicants shall be orally
interviewed. Qualification of individuals shall be determined based
upon an examination for their application relative to the requisite
qualifications of the vacant position. Applicants not selected for
interview, based upon these standards, who desire to appeal for an
interview, can apply to the Administrator for reconsideration. If
still not selected, they may appeal to the Mayor for final consideration.
(5)
The Administrator and department head shall interview
all finalists, using interview procedures as developed by the Administrator.
The President of Council may elect to observe the interviews or he
may designate another member of Council to observe in his place. These
procedures shall ensure equal treatment of all applicants. Questions
asked of each interviewee shall be reviewed by the Municipal Solicitor
to ensure compliance with applicable legislation and case law. The
interview shall consist of a standard list of validated questions,
and the same questions shall be asked of each candidate. After completing
each interview, the candidate shall be scored by each interviewer
independently. In evaluating a candidate's merit and fitness, the
interviewers shall consider those factors and qualities necessary
for the particular position and shall use a grading sheet, as prepared
by the Administrator.
(6)
The average of the scores obtained by each of the
interviewers will determine the relative placement of the interviewees.
The top five (5) candidates, plus ties, shall be given a physical
examination by a physician appointed by the municipality. Prior to
that physical examination, each candidate shall sign a waiver permitting
the municipality to direct such tests and examinations as it deems
necessary. Failure to sign such waiver will cause elimination from
the recruitment/promotional process and elevation of the next ranked
applicant to ensure a minimum of five (5) final candidates. Failure
of the physical exam or any of its tests and examinations will cause
elimination from the recruitment/promotional process and elevation
of the next ranked applicant to ensure a minimum of five (5) remaining
final candidates.
(7)
Following successful completion of the physical examination,
the top four (4) candidates shall be subject to physical fitness evaluation,
if applicable, to be conducted under the supervision of the Municipal
Administrator or his designee. This physical fitness evaluation shall
provide for a reasonable evaluation of the applicant's physical abilities
in relation to the position. Each applicant will sign a waiver permitting
this evaluation and holding the municipality harmless or be eliminated
from the hiring process and permitting elevation of the next ranked
applicant to ensure a minimum of five (5) remaining final candidates.
(8)
The Administrator shall prepare a final certified
list of the top five (5) or remaining candidates. The date of certification
shall be no longer than five (5) working days following the completion
of the above hiring process nor shall the total process exceed sixty
(60) days from the date of initial advertisement. This list will then
be valid for twelve (12) months from certification.
(9)
The Mayor shall make his appointment from the list
of the top five (5) or remaining candidates, as determined by the
previous subsections. The Mayor may, at his discretion, not select
from the list. In this instance, the list becomes void, and the Administrator
will reinitiate the hiring/recruitment process, if the Mayor still
desires to fill the vacancy.
(10)
The Mayor shall notify Municipal Council within ten
(10) days of making any municipal appointment.
(11)
When a valid list of eligible candidates does not
exist and when, in the opinion of the Mayor, the need exists to immediately
fill a vacancy, the Mayor may appoint a provisional employee to the
vacancy. Such employment shall continue for no more than ninety (90)
days or until a certified eligibles' list is available. A person can
be appointed only once as a provisional appointee, and successive
such appointments shall not be allowed.
(12)
Should the need arise for specialized or seasonal
employment or emergency employment, the Mayor is authorized to make
such appointments for a period not to exceed ninety (90) working days
in any one (1) calendar year.
B.
Equal employment policy and practices.
[Added 1-7-1991 by Ord. No. 1990-32]
(1)
Equal employment policy.
(a)
It is the policy of the Municipality of Kingston
to provide fair and equal employment opportunities to all employees
and to all applicants for employment. Accordingly, the Municipality
of Kingston will continue to recruit, select and hire applicants for
employment on the basis of the individual's ability to do the work
and without discrimination because of race, color, religion, sex,
national origin, age or physical handicap. Moreover, the Municipality
of Kingston will continue to treat all employees equitably and without
discrimination because of race, color, religion, sex, national origin,
age or physical handicap in every respect of employment, including
but not limited to the following: promotion or demotion, transfer,
layoff, compensation, evaluation, discipline, training and termination.
(b)
This Affirmative Action Program formalizes practices
long in effect to actively recruit, employ and promote at all levels
of responsibility qualified individuals who might be subject to discrimination
in employment because of race, color, religion, sex, national origin,
age or physical handicap.
(c)
The Municipality of Kingston adopts this program
to ensure compliance with the letter and the spirit of state and federal
laws pertaining to equal employment opportunities in order that it
might achieve genuine equal employment opportunity for all qualified
persons.
(2)
Equal employment practices. The Municipality of Kingston
has voluntarily developed this Affirmative Action Program to be incorporated
into all aspects of the existing personnel program. The Municipality
of Kingston will:
(a)
Employ qualified applicants available from the
labor market without discrimination because of race, color, religion,
sex, national origin, age or physical handicap.
(b)
Continue existing hiring practices and programs
that will afford all segments of the population equal opportunities
in employment and revise any that fail to do the same.
(c)
Assure that all personnel policies, including
recruitment, selection of applicants, compensation, training, promotions,
layoffs and terminations, are administered without regard to race,
color, religion, sex, national origin, age or physical handicap.
(d)
Evaluate the current employment program to identify
areas in need of updating, amending or improving.
(3)
Responsibilities for implementation.
(a)
Fair and equal treatment of fellow employees
without discrimination because of race, color, religion, sex, national
origin, age or physical handicap is the duty and responsibility of
every municipal employee.
(b)
Involvement in the Affirmative Action Program
will be a part of the duties of each of the department heads, supervisors
and other designated management employees. Management employees are
charged with the responsibility of implementing equal employment opportunity
policies in the following ways:
[1]
Assisting in the establishment of objectives
to remedy any equal employment opportunity problems where they exist.
[2]
Reviewing all selections, transfers and promotions
of employees under their supervision to ensure that no discrimination
is involved.
[3]
Ensuring that minority and female employees,
as well as all other employees, are encouraged to participate in all
departmental and municipally sponsored educational and social activities.
[4]
Ensuring that all management employees understand
that their work performance is evaluated on the basis of fair and
equal treatment of all employees under their supervision, as well
as other criteria.
(c)
The overall supervision of the municipality's
Affirmative Action Program is the responsibility of the Municipal
Administrator, who shall ensure the accomplishment of the major objectives
of the program and report the progress of the program to the Mayor
at least annually. In the accomplishment of the above, the Municipal
Administrator or his/her designee shall:
[1]
Determine the progress of the departments in
reaching the objectives of the Program.
[2]
Monitor the effectiveness of the Program.
[3]
Keep informed of current legal requirements
concerning equal employment opportunity.
[4]
Review all selection, promotion and training
procedures to be certain that no discrimination is involved.
[5]
Review all personnel policies to identify actual
and possible equal employment opportunity problem areas.
(4)
Dissemination of Affirmative Action Program.
(a)
Internal dissemination. This Program and personnel
policy will be distributed to all department heads and supervisors
to inform them of the intent of the Affirmative Action Program and
to impress upon them that their individual support and enforcement
of these policies is essential. Staff meetings pertaining to personnel
policies or practices will communicate the requirements of this program.
(b)
External dissemination.
[1]
All personnel advertising will include a statement
that the Municipality of Kingston is an equal opportunity employer.
[2]
Advertisement for bids involving the use of
Community Development Block Grant or Entitlement Funding shall bear
a notation that the Municipality of Kingston is an equal opportunity
employer.
[3]
Application for employment forms, when next
revised, will contain a statement that the Municipality of Kingston
is an equal opportunity employer.
[Amended 8-22-1988]
A.
The administration of this section is the responsibility
of the Municipal Administrator. All disciplinary action shall require
his prior review before imposition with the exception of those cases
of gross insubordination requiring immediate action by the department
head. In those cases, the department head may act immediately at his
own discretion. However, he must notify the Administrator as soon
as possible of that disciplinary action. The Administrator shall then
review the employee's actions in accordance with the provisions of
this section.
B.
The municipality shall take no disciplinary action
against an employee without just cause. The following criteria shall
be used to determine whether just cause exists:
(1)
The employee had prior knowledge or warning of the
possible consequences of the action for which discipline is being
considered.
(2)
If a violation of work rules or standard operating
procedure is to be reason for disciplinary action against an employee,
then those work rules shall be reasonably related to the orderly,
efficient and safe operation of municipal business.
(3)
The municipality shall make a reasonable effort to
discover whether a rule has been violated before taking disciplinary
action.
(4)
The investigation of an alleged rule(s) infraction(s)
shall be carried out in a fair and objective manner.
(5)
Disciplinary action shall not be taken without substantial
proof that the employee sought to be disciplined committed the infraction.
C.
The type of discipline shall normally be limited to
the following actions: oral and written reprimands; suspensions without
pay; demotions; and dismissals. Oral reprimands shall be properly
documented and filed in the employee's personnel records. Oral and
written reprimands shall require the review and recommendations of
the Municipal Administrator and the Mayor. Suspensions, demotions
and dismissals shall require the review and recommendations of the
Municipal Solicitor and final approval of the Mayor and will be imposed
only after that employee has been given the opportunity to explain
his actions.
D.
Offenses.
[Amended 7-1-1991 by Ord. No. 1991-16]
(1)
Should the actions of an employee violate the provisions of Exhibit A incorporated herein by reference,[1] the employee's department head shall give prompt notice of such violation to the Municipal Administrator, and disciplinary action, as listed in Subsection C, shall be imposed.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(2)
In imposing discipline, initial Category I offenses shall result in oral or written reprimand. Initial Category II offenses shall result in oral or written reprimand or suspension without pay for such period of time as the Municipal Administrator deems necessary to impress upon the employee the seriousness of the transgression. Initial Category III offenses will result in any form of discipline listed in Subsection C, but generally shall result in dismissal in the absence of mitigating circumstances.
(3)
Subsequent Category I, II or III offenses occurring
within a twenty-four-month period shall result in suspension without
pay for such period of time as the Municipal Administrator deems necessary
to impress upon the employee the seriousness of the repetitive misconduct
or shall result in dismissal.
E.
Records of disciplinary actions shall be kept in the
employee's personnel file. The employee shall be provided a copy of
all such records. Reprimands shall be removed from the file and destroyed
after two (2) years if there are no recurrences of similar incidents.
Reprimands may be removed prior to the expiration of two (2) years
if, in the opinion of the person issuing the reprimand and with the
concurrence of the Administrator, it has served its purpose.
F.
Standard operating procedure shall be developed and
maintained by the Administrator and shall apply to all employees.[2] Work rules shall be developed and maintained by each department
head, who shall ensure that they are updated as necessary. Standard
operating procedure and work rules shall be posted prominently and
permanently. Specific disciplinary actions are not prescribed for
violations of each procedure and/or rule. Actions shall be determined
on a case-by-case basis, using the above-listed criteria.
[2]
Editor's Note: See Exhibit A, which is included as an attachment to this chapter.
G.
Charges of criminal conduct.
(1)
When an employee is formally charged with criminal
conduct, the Administrator shall be immediately notified, in writing,
by the department head, and a preliminary determination shall be made
to either:
(a)
Allow the employee to continue to perform duties
pending the outcome of the investigation and final determination;
(b)
Reassign the employee to other, less sensitive
duties pending the outcome of the investigation and final determination;
or
(c)
Suspend the employee without pay pending the
outcome of the investigation and final determination.
(2)
In making the preliminary determination, the following
factors shall be considered:
(a)
The employee's explanation, if available.
(b)
The extent to which allowing the employee to
continue in his position would be detrimental to the physical well-being
of the employee, his fellow workers or other persons.
(c)
The nature of the employee's duties, including
the amount of discretion exercised as part of those duties.
(d)
The nature, weight, basis and source of the
accusations against the employee.
(e)
The relationship of the accusations, if proven,
to the employee's duties.
(f)
The extent to which the employee must deal with
the public.
(g)
The extent to which the accusations of wrongdoing
may affect the public's trust and confidence in the employee and municipal
government.
(h)
The hardship which could result to the employee
from a suspension or reassignment.
H.
Following the preliminary determination, the Administrator
shall conduct an investigation to determine whether there is sufficient
reason for disciplinary action. Although this investigation shall
be more thorough than the preliminary determination, it shall not
be intended to establish the employee's guilt or innocence of the
formal charge. The disciplinary action decided upon shall take into
account the same factors used in making the preliminary determination
and will not be dependent upon the legal outcome of the charges. The
Administrator may agree as part of the decision to review the disciplinary
action after legal charges have been decided.
I.
The Municipal Administrator, in addition to notifying
the Mayor of any action to discipline a municipal employee, shall
also give notice in writing to the Councilman so designated by the
governing body to observe the recruitment and promotion procedures
employed by the administration. It shall be clearly understood that
said notification shall be for informational purposes only. Said notice
shall be forwarded to the Town Council's designee within twenty-four
(24) hours of the issuance of a disciplinary action.
[Added 7-1-1991 by Ord. No. 1991-16]
[Added 8-22-1988]
A file of all employee records shall be maintained
by the Administrator with input from the department heads, and open
access shall be provided to the Mayor, Administrator and department
heads. Employees shall be granted access to their employment records
during regular business hours and upon presenting a written request
for access to the Administrator.
[Added 8-22-1988]
A.
The purpose of the grievance procedure shall be to
settle all grievances between employees and the municipality as quickly
as possible so as to ensure efficiency and promote employee morale.
B.
Should any employee or group of employees feel aggrieved
as a result of any condition arising out of the employee/employer
relationship, including the claim of unjust discrimination on any
matter or condition affecting health and safety, adjustment shall
be sought as follows by the employee:
(1)
First step.
(a)
The matter shall first be discussed orally with
the employee's Grievance Committee within ten (10) days of the occurrence
giving rise to the grievance. However, the Grievance Committee shall
not act until said grievance is submitted in writing.
(b)
The Grievance Committee shall, for reasons of
convenience, consist of the same members of the collective bargaining
group's negotiating committee or, in the instance of those employees
not members of a collective bargaining group, then the Grievance Committee
shall be composed of any three (3) of their members so elected by
that body as a whole.
(c)
Each grievance shall not be acted upon except
by a majority vote of the Grievance Committee.
(d)
The Grievance Committee shall also consist of
one (1) alternate, who is to be elected by the members of the particular
bargaining group or, in the instance of those employees not members
of a collective bargaining group, then elected by that body as a whole.
This alternate will serve when a regular member of the Grievance Committee
is absent or not available.
(e)
If such discussion does not resolve the grievance
it may be processed to the next step.
(2)
Second step.
(a)
Within five (5) days, exclusive of Saturdays
and Sundays, from receiving a final answer from the employee's Grievance
Committee, the grievance shall be presented, in writing, to the department
head, who shall arrange for such meeting and make such investigations
as are necessary.
(b)
The department head must give his answer, in
writing, within five (5) days, exclusive of Saturdays and Sundays,
of the receipt of the grievance. If his answer does not resolve the
grievance, it may be processed to the next step.
(3)
Third step.
(a)
Within five (5) days, exclusive of Saturdays
and Sundays, of the transmittal of the written answer by the department
head, either party may submit the grievance to the municipality.
(b)
If the municipality fails to amicably resolve
said grievance within ten (10) days of the time it is presented to
the municipality, the matter may be submitted to arbitration by either
party.
(4)
Fourth step.
(a)
Either party may then request the American Arbitration
Association to submit a list of arbitrators, and the matter shall
be handled in accordance with the rules of the American Arbitration
Association.
(b)
The decision of the arbitrator shall be final
and binding. Any expenses incidental to the arbitration shall be borne
equally by the parties.
[Added 8-3-1992 by Ord. No. 1992-12]
A.
Purpose.
(1)
The purpose of this Board shall be to review all disciplinary
actions brought forth against an officer by the Chief of Police or,
in his absence, the Assistant Chief of Police or Sergeant in Charge.
B.
Appeals.
(1)
When imposing a discipline upon an officer, the disciplinary
authority shall notify the officer of the charges against him in writing.
The officer shall choose to accept such discipline or he may choose,
within twenty-four (24) hours from receipt of notification thereof,
to have his alleged infraction of procedure and subsequent discipline
adjudicated before the Departmental Review Board.
(2)
The Chief of Police, Assistant Chief or Sergeant in
Charge may suspend an officer immediately should he report for duty
unfit or in an intoxicated manner. Nothing, however, shall preclude
the officer's right to an appeal from an immediate suspension. Upon
receipt of notice from the officer, the disciplinary authority shall
immediately notify the Municipal Administrator, as Director of Personnel,
to so notify the Departmental Review Board to convene a hearing on
the matter of the officer's protest. The Departmental Review Board
shall then convene a hearing within seven (7) days from receipt of
notification by the Municipal Administrator.
(3)
Notification to all parties shall be performed by
United States postal mail, return receipt requested.
C.
Members of the Board.
(1)
The Departmental Review Board shall be comprised of
three (3) individuals, all of whom must be twenty-one (21) years of
age and residents of the municipality.
(2)
Appointment to the Review Board shall be performed
by the Mayor in accordance with his powers under the Home Rule Charter.
Term of each appointment shall be for a three-year period.
(3)
In nominating members for consideration by the Mayor,
the following shall prevail:
D.
Powers and duties.
(1)
(2)
In making its review, the Review Board shall have
the power to subpoena the documents and records and to call witnesses.
(3)
The Departmental Review Board may modify, suspend,
or affirm any action relative to discipline as administered by the
Chief of Police, the Assistant Chief of Police or Sergeant in Charge
(the disciplinary authority).
E.
All decisions of the Departmental Review Board shall
be in written form and shall be submitted to all parties, including
the Mayor and Municipal Administrator, within twenty-four (24) hours
from final adjudication.
F.
Nothing herein ordained shall prevent, circumvent
or be deemed to alter any of the grievance procedures contained within
the collective bargaining agreement between the Kingston Municipal
Police Officer's Association and the municipality.
