It is the intent of this Charter that the personnel system of
the municipality be built upon the best experience in the field of
personnel management. The personnel system should recognize that employees
are worthy and responsible enough to have their concerns fully heard
and taken into account and should be such as to encourage employees
to identify positively with the purposes of the organization and be
motivated to give their best efforts in support of those purposes.
The policies governing this system will seek to accommodate the views,
interests and rights of the community as well as the municipal officers
and employees.
The Manager shall develop policies, procedures and regulations
for the personnel system of the municipality, which shall include
but not be limited to the following principles and objectives:
(a)
Providing equal opportunity for employment and for advancement of
employees without regard to political affiliation, race, color, national
origin, sex or religious creed and complying fully with all applicable
state and federal regulations in this area.
(b)
Recruiting and selecting employees on the basis of their respective
abilities, knowledge and skills through open and competitive means.
(c)
Promoting employees on the basis of demonstrated performance and
potential for greater responsibility.
(d)
Providing fair and competitive compensation and benefits for all
employees, which shall be set forth in the form of a pay and benefit
plan covering all positions in the career service.
(e)
Training and developing employees to assure continuing high-quality
performance.
(f)
Retaining employees on the basis of the adequacy of their performance,
correcting inadequate performance and separating employees whose inadequate
performance cannot be corrected.
(g)
Providing opportunity for employee growth and advancement through
competent and capable leadership.
(h)
Assuring that employees are protected against coercion for partisan
political purposes and, in return, that employees are restricted in
their political activity as set forth in this Article.
(i)
A classification and position description system.
(j)
Rules and regulations governing reduction in manpower, discipline,
discharges, resignations, leaves of absence and off-hour employment
of municipal employees by other agencies.
(k)
Rules and regulations governing the resolution of claims of unfair
or unjust treatment other than those resulting from suspension, dismissal,
demotion or reduction in rank.
Personnel policies, rules and regulations and any amendments
thereto, along with the establishment of other practices and procedures
necessary to the administration of the municipal personnel system,
when developed by the Manager shall be submitted to Council, which
shall adopt them with or without amendment. Prior to such adoption,
the Council shall provide municipal employees with the opportunity
to review and comment upon such proposed policies, rules or regulations.
The Council may delegate to the Manager the responsibility for establishing
procedures for such review and comment.
No personnel procedures or policies established under the provisions
of this Charter shall be in conflict with Acts of the General Assembly
providing for collective bargaining and arbitration.
(a)
No municipal employee shall be an officer of a political party or
be an elected committee person or hold political office during employment.
(b)
No employee or official shall solicit any assessments, contributions
or services for any political party or candidate from any municipal
employee.
(c)
Nothing herein contained shall affect the right of the employee to
hold membership in and support a political party, to vote, to express
publicly or privately opinions on all political subjects and candidates,
to maintain political neutrality and to actively participate in political
meetings. Any such activity shall be conducted as private citizens
and during nonworking hours.
(a)
All career service employees and all heads of administrative units
shall disclose, in writing, to the Manager any nonmunicipality employment.
(b)
Nonmunicipality employment of the Manager or of heads of administrative
units shall require approval of Council given at a public meeting.
(c)
Falsification of or failure to submit the disclosure report shall
be grounds for disciplinary action.
(a)
Except as otherwise provided in this Charter, no person in the municipal
career service shall be suspended, removed, demoted or reduced in
rank, except for the following reasons:
(1)
Physical or mental disability affecting the ability of an employee
to continue in the performance of the duties of the position.
(2)
Neglect or violation of any official duty or assignment.
(3)
Conviction of a misdemeanor or felony.
(4)
Inefficiency, neglect, intemperance, immorality, insubordination,
willful disobedience of orders or conduct unbecoming an employee.
(5)
Intoxication while on duty.
(6)
Engaging in political activity prohibited under this Article.
(b)
Any employee in the career service who is suspended, removed, demoted
or reduced in rank for any of the above causes shall be informed,
by written notice specifying the charges, within five (5) days. They
shall have the right to appeal to the Personnel Board within ten (10)
days, except those having grievance procedures in collective bargaining
contracts which deal with suspension, removal, demotion or reduction
in rank.
(c)
If, for reasons of economy or other reasons, it shall be deemed necessary
by the municipal government to reduce the number or rank of paid employees,
such reductions shall not be subject to the provisions of this section,
but shall be accomplished in accordance with rules and regulations
promulgated by the Manager and approved by Council.
The career service shall be a permanent service to which the
provisions of this Article shall apply and shall comprise all positions
in the municipal service now existing or hereafter established, except
the following:
(a)
Members of Council and other elected positions.
(b)
Members of boards, commissions, authorities and heads of administrative
units.
(c)
Persons employed to make or conduct a temporary and special inquiry,
investigation or examination on behalf of Council or the Manager.
(d)
Persons employed as professional consultants or who are employed
on a retainer basis.
(e)
Persons whose positions are defined by Act of the General Assembly
to be of a confidential nature.
(f)
Part-time or occasional employees.
