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Personnel Policy Handbook

Personnel Policy Handbook

SECTION 1 – AUTHORITY AND ADMINISTRATION

1.00     Effective Date:           1 July 1988

1.01     Scope:             These rules apply to all offices and positions in the City of Ballinger except where the rules affecting fire fighters and police officers are inconsistent with state legislation.

1.02     Authority for Creation of Positions: Excluding those positions established by statutory provisions, all offices or positions in the city are created by the City Council. Compensation schedules are set by the budget created by the City Administrator and approved by the City Council.

1.03     Administration:  With the exception of matters of appointment reserved to the City Council by the City Charter, authority and responsibility is vested in the City Administrator also has the authority to appoint and remove employees as delegated to him by the City Council and to establish and maintain set standards of efficiency, welfare, and morale for city employees, in addition, to exercising general control and supervision over all departments, officials, and positions created and approved by the City Council.  Final authority in the form of review and approval is reserved by the City Council with regard to all matters of subjects (not officially delegated by the Council to the City Administrator and/or other subordinates) covered by these regulations.

1.04     Department Heads:   Department heads, under the jurisdiction of the City Administrator, are responsible for enforcing the rules and regulations contained in this document to maintain consistent compliance with these rules and regulations.  Department heads are expected to set an example for clear standards of ethical and moral conduct, and shall assist employees in interpreting policies in those cases where clarification is needed.

1.05     Non-Discrimination Policy Statement:       The City of Ballinger will not discriminate against any employee because of race, color, religion, sex, national origin, political affiliation or physical disability. The City will take affirmative action regarding employment and ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, age, national origin, political affiliation, or physical disability.  Such action shall include, but not be limited to the following:  employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.

1.06     Amendment:  Any changes or amendments to these rules and regulations may be proposed to and adopted by the City Council at any regular or special meeting of the City Council.  No change or amendment shall become a permanent part of these results unless approved by the City Council.

SECTION II – INITIAL EMPLOYMENT INFORMATION AND REQUIREMENTS

2.00     Applications: All applicants for City employment are required to fill out application forms.  Applications must be signed and the accuracy of the information contained therein certified by such signature.  The City may require proof of age, (where applicable), education, experience, references, or other information contained in the application form.

2.01     Recruitment:  The recruitment procedure used by the City is as follows:  When a job opening is anticipated, the head of the department with the job opening notifies the City Administrator immediately.  Prior to advertising the job opening, a thorough check of other City employees will be made to determine if a transfer to the job opening is appropriate.  If on the final date for accepting applications, a suitable applicant has not applied, recruitment efforts will continue until an application from a qualified individual is received.  When the City Council or City Administrator determines that an opening must be filled immediately, emergency placement may be made by the City Council or City Administrator.

2.02     Selection:  Individuals will be selected for City employment according to (a) the training, experience, and education (if necessary) reflected on the application form, plus any other documentary evidence that may be required; (b) testing, when necessary.  Any testing required will be job related and may be either a ability test, a written examination, a physical examination, or a pre-employment investigation.  Failure to pass the test (s) will exclude the applicant from consideration for employment.  A driver’s license check on applicants applying for positions operating equipment or machinery may also be made at the discretion of the City Administrator.  The City may reject any application and exclude or deny certification to any applicant, if the applicant:

  1. Does not meet the minimum requirements established for the position.
  2. Is physically or mentally unfit to perform the duties of the job.
  3. Has included false information in the application.
  4. Is addicted to the use of narcotics or drugs or to the habitual use of intoxicating liquors to excess.
  5. Has exercised or attempted to exercise political pressure or bribery to secure an advantage in selection.
  6. Has failed to submit the application correctly or within the prescribed time limit.

2.03     Nepotism:  No person related within the second degree by affinity, or within the third degree by consanguinity to the Mayor, any elected official of the City, or the City Administrator shall be appointed to any office, position, or clerkship or other service to the City.  This prohibition shall not apply, however, to any person who shall have been employed by the City prior to the election of any city official so related to him.

2.04     Political Restrictions:  City employees are not required to contribute to any political fund or render any political services to persons or parties whatsoever; and no person shall be removed, reduced in classification or pay, or otherwise prejudiced by refusing to do so.

2.05     Medical Examination:  Prior to being appointed, prospective employees may be required to undergo a physical examination.  The determination as to whether or not a physical examination is warranted shall be made by the Council or City Administrator.  The cost of said examination is to be borne by the City (12/03). The City Council or City Administrator shall designate the initial physical examination to be given and the examination shall be designated by the City, the applicant may request further examination by a board of three physicians appointed by the City Council, but the cost of the examination will be paid by the City (12/03).  In all cases the board’s findings will be final.

2.06     Age Requirements:   No person under 18 years of age shall be appointed to any permanent position.  Otherwise, age restrictions do not exist for any type of employment, unless specifically stated in the job qualifications.  Any age limit specified for a position is job-related.

2.07     Probationary Period:  Any new employees appointed to permanent positions (see Section 2.08 below) are required to serve a probationary period of three months.  During this period, it will be the responsibility of the department head to dismiss any employee whose appointment is not in compliance with the results and regulations contained in this document.  While a new employee is serving his/her probationary period, the department head observes the employee’s work, trains and aids the new employee in adjusting to his/her position and rejects any employee whose work performance fails to meet required work standards.  Upon successful completion of the probationary period, employees automatically become regular employees.  (A regular employee is defined here as one who has been appointed to a full-time salaried position included in the adopted annual budget that is neither specified as part-time or temporary employment, nor limited for a period of less than the budget year).  Any employee promoted to a new position may be required to serve a probationary period for six month if determined necessary by the City Council or City Administrator.  An employee serving his/her probationary period may be terminated at any time, for any reason, if the employee fails to meet the required standards of performance.  Any new employee on probation is not entitled to take vacation or sick leave but he/she accumulates vacation and sick leave time from the date of full time employment and is given credit for that time upon becoming a permanent employee (10/98) Any employee on probation is entitled to emergency leave as presented under Section 3.08, subject to approval by the City Administrator.

2.07A  Probationary Period: Police Department

The probationary period for new employees of the Police Department will be for a period of 1 year.  During this period, it will be the responsibility of the department head to dismiss any employee whose appointment is not in compliance with the results and regulations contained in this document.  While a new employee is serving his/her probationary period, the department head shall observe the employee’s work; train and aid the new employee in adjusting to his/her position and rejects any employee whose work performance fails to meet required work standards.  Upon successful completion of the probationary period, employees automatically become regular employees.  (A regular employee is defined here as one who has been appointed to a full time salaried position included in the adopted annual budget that is neither specified as part-time or temporary employment nor limited for a period of less than the budget year.)  Any probationary police officer’s probation may be increased up to an additional six months if it is determined necessary by the Chief of Police.  An employee serving his/her probationary period may be terminated at any time, for any reason, if the employee fails to meet the required standards of performance.  Any new employee on probation is not entitled to take vacation or sick leave but he/she accumulates vacation and sick leave time from the date of full time employment and is given credit for that time upon becoming a permanent employee (10/98).  Any employee on probation is entitled to emergency leave as presented under Section 3.08, subject to approval by the City Administrator. (11/2005)

2.08    Types of Positions:    All employees of the City will be designated either regular or part-time at the time of employment.

A. Regular positions – these are salaried positions with a required workweek equal to or exceeding the full-time, established workweek.  As can best be foreseen by employers and employee, these are positions which offer career possibilities and the ultimate likelihood of retirement.

B. Part-time positions – these are part-time, seasonal, and those positions compensated on an hourly basis which will probably be or comparatively short or definitely limited duration.

 

2.09   Outside Employment:           Permanent employees may not carry on concurrently with public service, any private business or undertaking which affect the time or quality of their work.

 

2.10   ­Drug Screening and Testing: 

Definitions:

  1. DRUG – Means any drug or substance as defined by Section 1.02 of the Texas Controlled Substances Act, including but not Limited to alcohol, marijuana, hashish, or hash oil, cocaine, LSD, heroin, opiates, opium, amphetamines, concentrated Cannabis, or cannobinoids, morphine or its derivatives, mescaline, peyote, phencyclidine (PCP, Angel Dust), methadone, Quaaludes, “exotic/designer” drugs benzodiazepines, Phenobarbital, or valium. This includes Legally obtained drugs which have been obtained illegally

2. DRUG TESTING – Two testing procedures will be used:

A. Initial Test (Screening) – The initial assay of urine and blood Specimens for the presence of specific drugs/drug metabolites levels.

B. Confirmation Test – A second procedure used to demonstrate the presence of specified drugs of abuse or use in given urine, blood, and hair follicle specimens.  This test must be different in format and theory from that of the initial test procedure utilized.  Gas Chromatography/mass spectrometry (CC/MS) is the currently acceptable procedure.

  1. REASONABLE SUSPICION – There are several types of symptoms or circumstances which constitute sufficient justification for testing either in and of themselves or in combination with other symptoms or circumstances

They are:

    1. Absenteeism
    2. Money problems
    3. Reliable tips from co-workers or citizens
    4. Accidents – testing required for those involved In accidents with over $200.00 property damage or reportable personal injury
    5. Observation by two (2) or more reliable witnesses of physical symptoms or discovery of incriminating evidence.  Testing is required in this circumstance.

A person testing positive will be dismissed from employment.  Job applicants testing positive will be eliminated from consideration for employment for six (6) months.

ENFORCEMENT:

Applicants will be notified of the drug testing requirements of the physical examination on application for employment and given the opportunity to withdraw their applications with no record made of such applications prior to the test.

An applicant or employee must sign an informed consent and release of liability form in order to be tested.  Any applicant or employee who fails or refuses to sign this form will be removed from employment or consideration for employment.

The City of Ballinger shall direct persons to be tested to the medical facility.  The drug test must be undertaken as soon as possible after notification, and in no event later than forty-eight (48) hours after notice to the person to be tested.

Persons to be tested shall be advised before the initial drug test of the opportunity to submit medical documentation that may support a legitimate use for a specific drug and that such information will be reviewed by the physician at the selected facility to determine whether the individual is licitly using an otherwise illegal drug.

Persons to be tested shall be permitted to provide urine specimens in private, and in a restroom stall or similar enclosure so that they are not observed while providing the same.  Collection site  personnel of the same gender as the individual being tested, however, may observe the individual provided the urine sample when such personnel have reason to believe the individual has  attempted to alter or substitute the sample being provided.  Collection site personnel may have reason to believe that a particular individual may alter or substitute the specimen to be provided when:

A. The individual has previously tampered with a sample;

or

B. Facts and circumstances suggest that the individual (1) is under the influence of drugs at the time of the test; or (2) has equipment or implements capable of tampering with or altering urine samples; or

C. The specimen (1) has a temperature outside the range of 32.5 – 37.7 degrees C (90.5 – 99.8 F) or shows signs of contaminants.

All information from an applicant’s drug test is confidential and only those city employees with a need to know, as determined by the City Administrator are to be informed of test results.  The results of a positive drug test shall not be released until the results are confirmed.  The records of unconfirmed positive test results and negative test results shall be destroyed by the testing laboratory.  Those specimens who are confirmed as positive will be stored, frozen and secured by the testing laboratory for at least one (1) year.

 

EMPLOYEE ASSISTANCE PROGRAM

The City will provide employees and their families with confidential, professional assessment and referral for assistance in resolving or accessing treatment for addiction to, dependence on, or problems with alcohol or drugs adversely affecting their job performance. Confidential assessment and referral services will be provided without cost to the employee or family member. The cost of treatment, counseling or rehabilitation resulting from EAP referral shall be the responsibility of the employee.

The City will establish an employee training program that includes at least the following elements:  the effects and consequences of drug use on personal health, safety, and work environment; the manifestations and behavioral causes that may indicate controlled substance use and abuse; and document all training given to employees and supervisory personnel.  The supervisory personnel who will determine when an employee is subject to testing based on reasonable suspicion shall receive specific training on the specific, contemporaneous, physical, behavioral, and performance indicators of probable drug use in addition to the training specified above.  The City shall implement a training program for supervisory personnel making reasonable suspicion determinations during subsequent years.

SECTION III – JOB CLASSIFICATION, HOURS OF WORK, LEAVE OF ABSENCE AND OTHER BENEFITS:

3.00   Job Classification:     All City positions, whether occupied or vacant, are allocated to certain grades in accordance with the duties and responsibilities of the various positions.  There are six grades in the classification pay plan (I thru VI).  Each grade in the plan has twelve steps of monthly pay (12/03).  The body of grades and job descriptions constitute the City’s classification plan.

The management of the City of Ballinger may from time to time change job classifications to facilitate better service to the public and greater efficiency in the City.  Changes in job classifications are the management’s prerogative and all employees are hired on the assumption that each employee will handle “the duties as may be assigned.”

3.01   Performance Evaluation:     At least annually the work performance of each City employee will be evaluated by his/her supervisor.  The goal of this evaluation is not to penalize any employee, but to provide the employee with knowledge of his/her strengths and weaknesses, so that the employee may correct or capitalize on these traits.  This evaluation will occur in the presence of the employee being evaluated. Evaluation forms will be used and copies of the completed forms will be placed in the employee’s personnel folders and provided to the employee.  This annual evaluation will serve as an objective basis for salary step increases.

3.02   Merit Raises:  Merit raises recognize superior performance of employees and grant an out of cycle step increase.  A merit raise is awarded on the supervisor’s certification that an employee has demonstrated an unusually high level of work performance. No more than one merit raise may be granted in any twelve (12) month period.

3.03   Salary Structure:       An employee’s salary is based on his/her grade and step.  The normal entrance level to any grade is Step 1, but may be higher based on previous job experience.

ADVANCEMENTS to Steps 2 or 3 may be on an annual basis providing annual performance review reveals satisfactory performance.  Marginal performances will delay advancement.

ADVANCEMENTS from Step 3 to Steps 4-5-6 may occur after two years in each step providing annual performance reviews reveal satisfactory performance.  Marginal performance will delay advancement.

ADVANCEMENTS from Step 6 to Steps 7-8-9 may occur after three  years in each step providing annual performance reviews reveal satisfactory performance.  Marginal performance will delay advancement.

ADVANCEMENTS from Step 9 to Step 10-11-12 may occur after four years in each step providing annual performance reviews reveal satisfactory performance.  Marginal performance will delay advancement. (12/03)

ACCERLATED ADVANCEMENT may occur if annual performance reviews reveal superior performance.

3.04   Hours of Work:  Working hours is established for each department by the appropriate department head (with the City Administrator’s approval) and varies between 40 and 62 hours per week.

3.05   CompensationAll overtime work must be approved by the appropriate department head.  With the exceptions of sworn safety personnel and those positions conforming to the “Executive”, “Administrative”, or “Professional” categories established by the 1974 amendments to the Fair Labor Standards Act, all regular employees receive pay equal to one and one-half Times their normal pay rate for work in excess of a 40-hour workweek.  Subject to approval by the department head, employees working overtime may be granted equivalent compensatory time off during the same or following workweek or work cycle instead of monetary compensation for the overtime work.  Sworn public safety personnel receive overtime pay in accordance with state and federal legislation.  Department heads, administrative supervisors, and professional personnel are expected to work as many hours as necessary to properly perform their job assignments.  The salaries for these positions are established with this assumption in mind.  Permanent employees are paid on a bi-weekly basis (12/03).  If a payday falls on a holiday, employees will be paid on the preceding day.  For accounting purposes, the workweek begins one minute after midnight on Sunday and ends at midnight on the following Sunday.

3.06   Absences:  A City employee may not be absent from his/her regularly schedule duties except by authority of the appropriate department head. Employees absent due to reasons beyond their control are responsible for contacting their supervisor or other authorized personnel as soon as possible.  Any employee absent from his/her job for three consecutive work days without a leave of absence request will be considered automatically terminated without recourse.

3.07   Holidays:   The City recognizes the following days as official holidays for all permanent employees:

New Years Day – Good Friday (4/06) – Labor Day – Memorial Day – Independence Day – Thanksgiving Day and Friday following (2/91) – Christmas Day and the day before or after – and two personnel days (10/98).

If a holiday falls on a weekend, the City Council will designate either the preceding Friday or the following Monday as the recognized holiday.

3.08   Annual Leave:     All employees filling permanent positions as defined in Section 2.08 who have satisfactorily completed their probationary period are eligible for paid vacation time.  If a recognized holiday occurs during an employee’s vacation, the holiday is not chargeable as vacation time, but rather counts as a paid holiday.  Employees who are confined to bed during their vacation due to illness or injury may request that the time of illness or injury be charged to sick leave.  The request must be approved by the City Administrator after receiving a statement of illness or injury signed by a physician.  Eligible employees shall accrue vacation time from the date of employment at a rate of 0.833 days per month so as to accrue a total of 10 days per year.  The accrued time shall be credited at the end of each month and where fractions are involved the time shall be considered to the nearest whole day.

EXAMPLE:

8 mos. X 0.833 = 6.66 days (counts as 7 days accrued)

9 mos. X  0.933 = 7.47 days (counts as 7 days accrued)

Eligible employees that have been employed by the City for ten (10) years or more shall accrue vacation time at a rate of 1.250 days per month, so as to accrue a total of fifteen (15) days per year (10/98).

A permanent employee may carry over to the following calendar year a maximum of 10 days annual leave.  An employee’s annual leave in excess of 10 days at January 1st each year will be lost (09/17).  In extraordinary cases where it was impossible for the employee to take vacation time, the City Council may authorize payment for the time lost.  These requests are to be submitted with justification to the City Administrator prior to the end of each calendar year.  Employees may select their vacation period based on departmental work load and seniority within their department.  An employee may receive terminal pay for accrued vacation time if the employee gives at least two weeks written notice of resignation and is not dismissed for dishonesty, destruction of City property, or assault on another employee.  Terminal pay for accrued vacation time is limited to a maximum of 20 days.  Annual leave will not be taken in increments of less than one full-day (12/03).  The City Administrator is responsible for establishing internal procedures to implement and carry out this vacation policy.

3.09                 Sick Leave:    Each regular employee will accumulate sick leave from the date of employment at a rate of 0.833 days per month so as to accrue a total of 10 days per year. Sick leave can be accumulated until required by the employee (12/03) (if required must be taken in increments of one full day) or until his/her employment is terminated.  Upon termination of employment (except dismissal due to dishonesty, destruction of City property, or assault on another employee), the employee will receive full pay for accrued sick leave up to a maximum of 30 days and half day pay for accrued days of sick leave over 30 days (10/98).  In the event of an extended illness, and all accumulated sick leave and vacation time is used and the employee is unable to resume regular duties, upon the authorization of the City Council, the employee may be granted a leave of absence for a period of thirty days with pay equal to one-half of the amount of regular monthly salary.  At the termination of this authorized leave of absence, if the employee is unable to resume regular duties, by authorization of the City Council, the employee may be granted another thirty days leave of absence without pay.

Such extended sick leave is limited to only one-time occurrence during the employee’s period of employment with the City of Ballinger.  In the event another extended illness, such employee may be allowed only sick leave and vacation time that may be accumulated at the current time, after which the employee may be granted leave of absence without pay for a period not to exceed ninety days.  Department heads shall report all sick leaves to the City Secretary.  Any absence of any employee from regular daily work due to illness or disability from injury on the job shall be reported as sick leave and any sick leave absence, in excess of three days must be supported by a doctor’s certificate, submitted to the City Secretary.  Sick leave applies to the illness of an employee only, and to the disability of the employee from injury on the job – – and does not include illness to any member of the employee’s family.

In the case of extended illness of an employee who has utilized all accumulated sick leave, another full-time employee who has accumulated more than 15 days of sick leave may donate sick days over to another employee to use as sick leave. (12/5/94)

3.10                 Maternity Leave:      Expectant mothers are entitled to maternity leave without pay for a maximum period of 90 working days, subject to approval by the City Council.  Pregnant employees are allowed to work as long as they can adequately perform the duties of their position and the work does not endanger their health.  However, by the end of the sixth month of pregnancy, pregnant employees must submit to their department head a physician’s statement indicating the employee’s physical ability to perform her job.  Prior to taking maternity leave, an expectant mother must either (1) elect to resign, or (2) request maternity leave without pay.

Employees on maternity leave have the option of using accumulated vacation leave and sick leave to cover time off.  A medical clearance is required to return to work.  Upon returning to work, the employee retains all benefits accumulated before taking maternity leave.

3.11                 Military Leave of Absence:     All permanent employees who are members of the National Guard, the Officer’s Reserve Corp, or the enlisted Reserve Corps of the United States Government are entitled to a leave of absence with full pay on all days during which they are employed under the orders or authorization of competent authority on active training duty, duty with troops, field exercises, or instruction.  This type of leave is limited to 15 working days in a calendar year.

3.12                 Emergency Leave with Pay:     Permanent employees are entitled to receive emergency leave with pay when required to be with their immediate family (mother, father, wife, husband, sister, brother, daughter, son, grandmother, grandfather, mother-in-law (12/03), father-in-law (12-03), daughter-in-law, son-in-law, grandmother-in-law, and grandfather-in-law) on account of death.  This type of leave is limited to three working days, unless otherwise approved by the City Administrator.

3.13                 Other Leaves of Absence with Pay:

(a)        Administration Leave with Pay – Administration leave with pay may be granted permanent, full-time employees upon the recommendation of the appropriate department head and subject to approval by the City Administrator.  Under this type of leave, time off is granted to

(1) Vote or register in an election or referendum in the community (2) donate blood, and (3) attend public relation events beneficial to the City.

(b)        Leave for Jury Duty:   Permanent, full-time employees are entitled to leave of absence at full pay when required to tender jury or court services.  An employee on this type of leave will be paid for the duration of the jury or court service regardless of the time involved, provided the service is rendered under the proper summons from a state or federal court.  All pay received by an employee for jury duty will be turned in to the City Secretary.

3.14                 Leave of Absence Without Pay:      An employee is entitled to leave of absence without pay if the employee enters the Armed Forces in time of National Emergency.  Upon obtaining an honorable discharge or release from active duty, the employee is entitled to his/her original position and retains all benefits accumulated before taking leave of absence.  An employee is also entitled to a leave of absence without pay if he/she wished to return to school or attend training (for an extended period of time) which will increase the employee’s work proficiency and knowledge.  This type of leave is limited to one calendar year and is subject to approval by the City Administrator.  Upon an employee’s return to work he/she is entitled to his/her position and retains all benefits accumulated before taking leave.

3.15                 Insurance:      All employees of the City of Ballinger are covered while on the job, by Workmen’s Compensation Insurance as provided by law by the State of Texas.  The City of Ballinger also participates in a Group Hospitalization Plan. The City pays the full cost for each employee.   Each employee can include any members of their family to this group plan; however, the employee must pay the entire cost of members of family.  Premiums are paid by the City Payroll deduction plan.  Employees of the City of Ballinger may take advantage of other Group Insurance Plans with employee paying all costs.  On written instructions from employee, premiums will be deducted from employee’s check by the City of Ballinger.

3.16                 Workmen’s Compensation Insurance:       By Law, all City employees are covered under the Workmen’s Compensation Insurance, which is applicable to on-the-job injuries and resulting disabilities.   Benefits provided under this insurance arrangement are in accordance with the provisions of Texas Employer’s Liability and Workmen’s Compensation Insurance Law, and with the special rules and requirements of the insurance carrier.  The administration of Workmen’s Compensation Insurance is handled in accordance with the operating and procedural rules of the City.

3.17                 Retirement:    For the benefit of the employees of the City, the City Council voluntarily adopted the provisions of the Social Security Act for the City of Ballinger as soon as this coverage was made available to the City by the Legislature.  With these benefits available, in addition, to those available under the Texas Municipal Retirement System the City Council has established a normal retirement age of sixty-five (65) for its employees.  Department heads are responsible for retiree counseling, recommending dedications and presentations, and the general condition of retirement.  All employees reaching the age of 65 may retire from the service of the City on or before the last day of the calendar year in which they reached the specified age.  However, realizing that some employees may not wish to retire at such age, with the City Council’s approval and subject to annual review, an employee may remain in the employment of the City to the age of 70.  The following rules and regulations will govern continued employment after reaching retirement age.

  1. Each employee must notify the City Secretary in writing that retirement age has been reached, but the employee does not wish to retire.
  2. Upon receipt of such notice, the City Secretary shall notify such employee to report to a physician selected by the City Council for a full and complete physical examination, which will be paid for by the employee.
  3. After examination by the Physician, a report will be made to the City Council. If, in the opinion of the City Council, the employee is able and capable of fulfilling regular duties, such employee may continue employment with the City for a period of one year from such date.  In the event the City Council should determine that an employee is not able and capable of fulfilling regular duties, such employee shall be immediately retired.
  4. Each employee who continues employment past retirement age may be required to submit to a physical examination and follow the procedure above set out each year thereafter. The City of Ballinger is a member of the Texas Municipal Retirement System.  This system is known as TMRS.

TMRS was created by a legislature Act of the Texas State Legislature – Section 51-f, Article 3 of the Constitution of the State of Texas.  TMRS provides for the payment of annuities and other benefits to employees and beneficiaries of employees of participating municipalities. TMRS operates under the management of a Board of Trustees in accordance with the provisions of the TMRS Legislative Act.  Every full-time, regular employee, will be included in the TMRS retirement program.  The City of Ballinger will withhold 5% of the employee’s salary each month and will match this amount with City funds, all of which will go to TMRS.  When eligible to retire, the employee will receive monthly compensation, the amount of which will be determined by age of employee and length of service with the City under TMRS.

SECTION IV – ADMINISTRATIVE POLICIES

4.00                 Personnel Records:   The Administrative Department is responsible for the proper maintenance and updating of all personnel files and records as deemed necessary by the City Administrator.

4.01                 Health and Safety:    The City Administrator is responsible for promoting and maintaining maximum standards of safety and good health among employees and in all departments.  The City Administrator and department heads are charged with the responsibility for the correction of harmful conditions which are believed to be preventable or which are not in compliance with established rules, regulations and requirements.

    1. It is the earnest desire of the City of Ballinger to conduct its operations with the utmost regard for the safety of its employees, its customers and the public.  It is known that all accidents result from the failure of men, methods, equipment or material.  Many of these rules are based on accidents that have occurred in the past years – accidents that could have been avoided.  A thorough understanding and strict observance of these rules by all employees and their rigid enforcement by department heads and supervisors can do much to prevent such accidents in the future.
    2. In order to accomplish this goal, the City of Ballinger expects each employee to attend all safety meetings conducted by the City and to cooperate in all safety efforts that apply to his work.
    3. Each employee is requested to report to his Supervisor and any unsafe working conditions, including faulty equipment or material or any condition that is in any way unsafe.  If any doubt concerning any condition should arise, he should contact his supervisor before proceeding with work.
    4. The failure, by an employee, to observe all safety rules, regulations, and precautions, will be considered grounds for dismissal.  It is also the duty of all employees to report any incidents involving any City employee who is not observing all safety rules and regulations.
    5. Employees must report all accidents and injuries, immediately, to their supervisor or department head.

4.02                 Grievances:    The following procedures are used by the City to provide recourse to the City employees having grievance (defined here as a disagreement between an employee and his/her supervisor or other employees relating to employment and working conditions or relationship).  The sequence outlined below is to be adhered to in all cases:

  1. The employee is expected to discuss his/her grievance or complaint with his/her immediate supervisor and try to get some satisfaction.
  2. If the immediate supervisor is unable to settle the grievance or complaint, the employee should prepare the grievance in writing and submit it to his/her department head.  The department head will review the grievance, comment upon it, and forward it to the City Administrator within five days after having received the grievance.
  3. The City Administrator will review the case and investigate the charges through a committee or designated person.  A decision will be rendered within ten (10) days after receiving the grievance from the department head.
  4. If the employee does not agree with the City Administrator’s determination, the employee may appeal his/her case to the City Council through a written appeal, which must be submitted no later than ten (10) days after the determination is made by the City Administrator.  In all cases, the City Council’s decision is final.

4.03                 Demotions:     A demotion is a transfer of an employee from one position to another for which the maximum rate of pay is lower.  Reasons for demoting employee s include, but are not limited to, (1) reduction in work force, (2) physical disability, (3) failure to meet the minimum requirements of a promotion, and (4) disciplinary reasons.

4.04                 Layoffs:    In those cases which it becomes necessary, because of lack of funds or work, to reduce the number of persons employed by the City, employees will be laid off on the basis of seniority combined with their supervisor’s recommendation.  Taking into account these two factors, supervisors will make recommendations to the City Administrator and employees with the lowest rating and least seniority will be laid off first.  An employee, however, has the option of taking a lower position instead of being laid off if the person holding the lower position has a lower rating and less seniority.  Department heads will be given at least ten (10) working days advance notice to employees about to be laid off.  Employees who have been laid off may reapply to the City for another position.  Former employees will be given first consideration in the event of a vacancy.  No permanent, full-time employees will be laid off in a department with temporary or part-time employees.

4.05                 Resignations:    An employee who resigns in good standing is eligible for terminal pay for accumulated leave and other benefits, if applicable, as set forth in this document.  An employee must give at least ten (10) working days advance notice before resigning or the employee forfeits all right to terminal pay where applicable.

4.06                 Retirement:    All employees reaching the age of 65 must retire from the service of the City on or before the last day of the calendar year in which they reached the specified age.  With the City Council’s approval, however, and subject to annual review, an employee may remain in the employment of the City to the age of 70.  Department heads are responsible for retiree counseling, recommending dedications and presentations, and the general condition of retirement.

4.07                 Disciplinary Action and Appeal:     An employee of the City may be removed, demoted, or suspended without pay, transferred to another position, reprimanded or place on probation for any of the following reasons (list is not intended to be all-inclusive, since any violation of the rules and regulations contained in this document constitutes grounds for disciplinary action):

A. Incompetence or inefficiency.

B. Conduct unbecoming an employee of the City.

C. Physical or mental ailments which interfere with proper job performance.

D. Insubordination or violation of any official order or regulation.

E. Accepting bribes in the course of work.

F. Failure to pay just debts.

G. Conviction of a felony.

H. Negligent or willful damage or waste of public property.

I. Inexcusable absence without being granted leave.

J. Engaging in illegal political activities.

K. Any activity not compatible with good public service.

L. Presence of illicit substances in employee’s system whileon the job (4/90)

M. Becomes uninsurable as a drive of a motor vehicle, irrespective of fault. (4/90).

Any permanent employee who is disciplined has the right to appeal through the grievance procedure described in Section 4.02 of this document.

4.08                 Exit Interview:    Exit interviews are conducted with terminated employees by department heads as a matter of standard policy.  Employees receive their final paycheck at the next regular pay period.

4.09                 Conflict of Interest:   City employees are in a position of public trust and for this reason they are prohibited in engaging in any activity, either privately or officially, where a conflict of interest may exist.  City employees should never accept gifts, gratuities or other rewards for services which are performed as part of their job.

4.10                 Saving Clause:    The provision of these rules are declared to be severable, and if any rule, section, sentence, clauses, phrases and words of these rules shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining rules, sections, sentences, clauses, phrases and words of these rules, but they shall remain in effect.  It being the intent that these rules shall stand, notwithstanding the invalidity of any part.

 

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