[Amended 3-19-1985 by Ord. No. 85-08]
The provisions of this article shall apply to members of the
divisions of police and fire protection as well as all other City
employees.
[Amended 3-19-1985 by Ord. No. 85-08; 12-14-1987 by Ord. No. 87-54]
As used in this article, the following terms shall have the
meanings indicated:
Either a mental or physical condition, including an illness,
infirmity, injury, or mental or physical condition, which:
Renders an employee unable to perform the normal duties of his
position and which condition is permanent; or
Renders an employee unable to perform the normal duties of his
position for a period of 120 workdays within any twelve-month period
or 180 work days in any twenty-four-month period; or
Renders an employee unable to satisfactorily pass physical or
mental performance tests established for a particular job description;
or
Results in an employee taking excessive sick leave.
Sick leave taken during a one-year period beyond the number
of days granted by ordinance or collective bargaining agreement within
a one-year period, not attributable to a traumatic injury or extended
illness, as evidenced by a physician's certificate.
Use of sick leave which is not justified by illness, injury,
or other physical or mental conditions as certified by the City Physician
or a pattern of sick leave taken on either a repeated or consistent
basis in excess of normal usage.
[Amended 3-19-1985 by Ord. No. 85-08; 12-14-1987 by Ord. No. 87-54]
A.
A department head may require any employee within his department
to submit to a medical examination, which shall be at the expense
of the City, whenever he believes that such employee may be disabled
or is abusing sick leave.
B.
The physician performing such examination shall forward his report
of said examination, together with his conclusions or recommendations
concerning disability of the employee or abuse of sick leave to the
department head who required the examination and also to the employee.
The employee shall have the right to have himself examined by another
physician of his choice, and at his expense and, if he chooses to
do so, may submit the report conclusion and recommendation of that
physician to the department head.
C.
If after reviewing the report of the City's designated physician,
together with any other reports submitted by the employee, the department
head concludes that he employee is disabled or is abusing sick leave,
he shall so report in writing to the City Manager and shall provide
a copy thereof to the employee.
D.
Whenever an employee reports as either "sick" or "disabled" for a
regularly scheduled tour of duty or work shift, such employee shall
not participate in any other work for the City of Englewood prior
to such employee's next regular scheduled tour of duty or work shift
unless such employee first submits a medical report signed by a licensed
physician setting forth the nature of the illness or injury which
formed the basis for the employee's absence and that the physician
has subsequently examined the employee and has found the employee
fit to return to duty or work.
[Amended 3-19-1985 by Ord. No. 85-08]
Except as may otherwise be provided by statute, upon his receipt
of the report and recommendation of the department head, the City
Manager shall fix a date for a hearing thereon which shall be not
less than 10 nor more than 30 days from the date on which a copy of
the report and recommendation was served upon the employee. Such hearing
shall be conducted by the City Manager in the following manner:
A.
Such hearing shall be conducted in a manner to provide a fair and
impartial hearing to determine the facts relative to the proposed
removal of the employee, or other appropriate action.
B.
Either the department head or the employee may be represented at
the hearing by an attorney.
C.
The parties or their attorneys may present witnesses in their behalf
(including medical witnesses), examine and cross-examine witnesses,
examine documents and be given an opportunity to explain or rebut
any evidence presented.
[Amended 6-4-1980 by Ord. No. 80-29]
Following the aforesaid hearing, the City manager shall render
his decision, in writing, and shall provide a copy thereof to the
employee and the employee's department head.
[Amended 6-4-1980 by Ord. No. 80-29]
If the employee involved is a department head, and if the decision
of the City Manager is that the employee should be removed by reason
of liability, then the City Manager shall transmit to the Council
his findings and conclusions, together with any other relevant material,
as soon as reasonably possible following the rendering of his decision,
with a request for Council action to confirm such removal.
[Amended 6-4-1980 by Ord. No. 80-29]
The Council shall act on such proposed removal as soon as reasonably
possible following its receipt of the aforesaid material from the
City Manager. The Council may, if it chooses to do so, give the employee
an opportunity to be heard thereon and may, if it deems it advisable
to do so, receive additional evidence which it considers necessary
or advisable for resolution of the matter.
