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Ord 1655COUNCIL BILL NO. 501 ORDINANCE N0. 1655 AN ORDINANCE ADOPTTNG PERSONNEL RULES FOR CITY EMPLOYEES AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF WOODBURPd DO ORDAIN: Section 1. Rules. The Personnel Ru1es~ attached hereto and incorporated by this reference are hereby adopted and made applicable to city employees as provided therein. Section 2. Emer enc ~. An emergency is declared to exist in that city employees presently lack adequate rules of procedure, thereby causing or risking unnecessary confusion and loss of morale, to the detriment of the city; this ordinance therefore, takes effect upon its adoption. APPROVED =~ E. Walter Lawso , Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder February l2, 1979 February 12; 1979 February l3, 1979 February 13,. 1979 ,. .. -. ATTEST arney 0.. orris, Recorder City of ~loodburn, Oregon Page 1 -Council Bill No. 501 Ordinance No. 1655 a EMPLOYEES ' ~ ~ND1300K PEh,SONNEL RULES ~~:v~D REGULATIONS SECTION I. GENERAL 1.1 PURPOSE OF RULES AND REGULATIONS. The purpose of these .rules is to establish for the City of Woodburn personnel, systematic and equitable procedures and regu- lations relating to the hiring, compensation, hours of work, leave, safety, training, working conditior~:~, promotion, transfer, discipline, removal and other matters affecting the status of employees. Said rules and rt~gulations are provided to maintain uniformity and equity in personnel matters which wTill make the City service atrractive as a career and encourage each employee to give his best service to the City. 1.2 AMEI~TDMENT AND REVISION OF RULES. Additions and/or amendments to the rules and regulations shall be made only upon approval of the City Administrator and/or City Council. Proposals for additions and/or amendments may be submitted by employees to the City Administrator through supervisors and department heads. Copies of adopted or amended rules will be made available to all employees. 1.3 DEFINITIONS. The following, whenever used in these rules, shall be defined as follows: (1) Anniversary Date. One year from the date of employment. (2) Appeal. A request to a supervisor, department head or City Administrator for consideration of a problem or situation for a decision or ruling. (3) Appointing Power. The City Administrator or department head to whom authority is delegated to make the appoi~:tment to fill a vacant position. (4) Calendar Year. Twelve (12) month period beginning January 1 and ending December 31. (5) Central Personnel File. A file presently M maintained in the Department of Finance which contains complete personnel_ records of all City employees. -1- (6) City Administrator. The chief administrative officer and head of the administrative branch of the City government whip is directly responsible to the City Council for the proper administration of all affairs of the City . (7) Class. A group of positions sufficiently alike in responsibilities and authorities. to require similar qualifications. (S) Class Specification. A written description of each class of positions to include a class title, statement of objectives, reporting relationships and relationships other than reporting. Positions, not the individual, are classified. (9) Compensatory Time Off. Time off from work to compensate employee for overtime work. Compensatory time off is determined at overtime rate of time and one-half . (10) Continuous Service. Uninterrupted employment with City, and shall include a reasonable absence due to military service or extended leaves. which have been approved by the City Administrator. (11} Demotion. A transfer of an employee from a position in one class to a position in another class which has a lower maximum salary rate, or lower salary in the same class. (12} Department Head. A person directly responsible to the City Administrator for the administration of a department, This does not apply to the Librarian and Superintendent of Parks and Recreation. (13) Disciplinary ~~ction. Imposition of certain personnel action on an employee -- reprimand, warning, suspension, dismissla, demotion -- as a result of conduct detrimental to the City of Woodburn. (14) Dismissal. Termination of employment witih the City of Woodburn for reasons attributable to the employee. (15) Duty Day. Any day or shift on which an employee is scheduled to be available for work. _2_ (16} Employee. Anyone who is salaried for employ- ment with the City of Woodburn. (17) .Examination. A test for the purpose of evaluating an applicant. (18) Full Time Employee. An employee who works 20 or more hours per week. (19) Hourly Rate. Rate of compensation per hour determined by dividing the monthly salary by the regular hours worked. (173.3 hours per month) (2G) Immediate Family. The husband, wife, son, daughter, father, mother, brother, sister, father-in-law, mother-in- law, son~in-law, daughter-in-law, or other relatives living in the employee's household. (21) Layoff. A separation from employment because of organizational changes, lack of work, or other reasons not reflecting discredit upon an employee. (22) Non-occupational Disability. Disability from an accident or sicknes,s~suffered or contracted while off the job. (23} Occupational Disability. Disability from an accident or sickness which occurs on the job in the performance of assigned duties. (24} Leave of Absence. Time off from work for reasons within the scope and purpose of these Rules and Regulations upon prior approval of the employee's supervisor, department head, and/or the City Administrator. (25} MIlitary Leave. Leave of absence for an employee entering reserve military training duty. (26) Overtime. Overtime shall be considered as time worked in excess of the regularly scheduled work day or work week. The regularly scheduled "work day" is F eight (8) hours. The regularly scheduled "work week" shall be considered to be five (5) normally scheduled. work days of eight(8) hours duration followed by two - 3- (2) days normally not scheduled as work days. Exempt from this definition are police and fire personnel working on a shaft schedule. shift personnel shall be subject to the definition of overtime as provided in their respective depart- mental rules and regulations. (27) Part-time Employee. An employee who is employed far less than 20 hours per creek at an hourly rate. (28) Personnel Action. Any action taken with reference to appointment, compensation, promotion, transfer, lay-off, dismissal, or other action affecting status of employment. (29) Probationary Period. A working test period during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of-.the position. {30) Permanent Employee. An employee who has been retained in his appointed position after the completion of his probationary period. (31} Promotion. The change of position for an employee from a position in one class designation to a position of higher class designation. (32) Reclassification. A change in classification of a position by raising it to a higher class, reducing it to a lower class, or changing to another class at the same level. (33) Reinstatement. ~Uith the approval of the City Administrator~,.a permanent or probationary employee who has resigned having given satisfactory service may be reinstated within one (1) year of the effective date of resignation to a vacant position in the same or comparable class. However, a resignation cancels all seniority . (34) Seniority. Priority based on length of service.` (35) Supervisor. Any person, who directs the work of others, responsible to a higher divisional or departmental level authority. -4- (36) Shift Employees. A shift employee is one whose daily hours of work rotate from one shift to another periodically and whose duties are continuous from start to end of his shift . (37) Suspension. Temporary separation of an employee from City service without pay for disciplinary purposes. (38) Transfer. A change of an employee from one position to another in the same class or in a comparable class within the City service. SECTION II. PERSONNEL ,POLICIES AND PROCEDURES 2.1 All appointments to vacancies shall be made solely on the basis of merit, efficiency and fitness, without regard to race, color, sex, religion, national origin, age, physical or mental disability, PREREQUISITES FOR EMPLOYMENT. Prerequisites for employment by the City of Woodburn as a full time employee are: (1) Employee must have attained the age of eighteen (18) years, except in police and fire service where the minimum age is established by departmental rules and regulations. (2} Employee must be a citizen of the United States or must have filed application for citizenship, (3) Employee's experience record must reflect the personal qualifications of good citizen ship, honesty, loyalty, sobriety, industry, and good moral character. (4) No person may be an applicant for a position who: (a) Is a member of the .immediate family of the Mayor, or a member of the immediate family of a member of the Common Council; or a member o the immediate family of the Park or Library Boards. -5- (b) No person may be an applicant for a position in the same department in which there is already an employee who is a member of his immediate family. (5) If required by the department, applicants will be fingerprinted prior to appointment. (6) All statements submitted on the employment application or attached resume shall be subject to investigation and verification. (7) No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information con- cerning race, sex, age, color, ancestry, national origin, political, or religious affiliation, unless this information is used for EEO record keeping purposes only. 2.2 EMPLOY~~IENT PROCEDURE. The City Administrator is responsible for hiring and discipline of all employees not covered by the Charter. He may delegate authority to department heads. Applications for all positions will be accepted by the City Administrator or his designate and forwarded to the respective department for final screening and selection. The City Administrator or his designate shall screen (by background check, examination, where warranted, etc.) and interview all eligible applicants for employment. A standard for employment with the various departments shall be set and reviewed at least annually. 2,3 PHYSICAL EXAMINATIONS. Any job applicant or employee may be required to take a physical examination. In cases where a physical examination is deemed advisable, the City shall pay the cost of the examination. 2.4 PROBATIONARY PEl;~IOD.~ Normally, except for police employees, the probationary period or "working test period" shall be six (6) months. Police service employees shall work an twelve (12) month probationary period. After six or more months ail CETA employees paid directly by the City of Woodburn will be considered to have com feted their p probationary period if accepted as full time employees. All CETA or other employees not paid directly by the City, but by the Manpower Consortium or other agency, must fulfill the normal six month probationary period even though they have worked for the City six months or more. The reason for this is due to employees not paid directly by the City becoming qualified for City insurance coverages. Those employees paid directly by the City are already covered by the City's insurance plan. This does not apply to CETA or other employees _6_ not paid directly by the City. Those employees are covered by the agency paying them directly. Any employees not paid directly by the City, but who are picked up as full time employees will be covered under the above provision. -(1) In cases where the responsibilities of a position are such that a longer period is necessary to demonstrate an employee's qualifications, the probationary period may be extended. The employee shall be notified of such extension. Upon completion of the probationary period, the employee shall gain regular status and will be considered as having; satisfactorily demonstrated qualifications for the position and shall be so informed through his super- visor or department head. (2) During the probationary period, the employee shall not be eligible for vacation benefits, but shall earn vacation credit to be taken at a later date. (3) During the probationary period, a probationer may be rejected at any time without cause and without appeal. (4) In the case of promotional appointments, during the probationary period the promoted employee may be demoted without being given any reason thereof, pro- vided that upon demotion during or at the termination of the probationary period, the promoted employee shall be reinstated in the class designation from which he was promoted, even though this necessitates the layoff of an employee occupying the position. 2.5 HOURS OF WORK. The hours during which City offices and departments shall be open for business shall be determined by the Common Council and the City Administrator. 2.6 ATTENDANCE. complete designated work disciplinary action. If reason, cannot report for supervisor or department (1) ~Departr.~ents shall maintain attendance xecords of employees. (2) Absence from work withou~ permission or without notice is considered to be indifference to the City's interest and may be cause for disciplinary action. Employees are expected to work a day. Tardiness shall be cause fear an employee, for same unavoidable work, he is expected to notify his head as soo~~ a,s possible . -7- 2,7 PERSONNEL RECORDS. The City Administrator shall cause to have maintained all records necessary to the proper administration of the personnel program. After appointment, applications and other personnel records necessary for a complete personnel history shall be maintained in the Depart- went of~Finance. Without the employee's written permission the personnel record is available only to himself, his depart- ment head, Personnel Officer and the City Administrator. 2.8 TRANSFERS. Requests from employees for transfer from one department to another may be made in writing and directed to the employee's present department head and referred to the appropriate department head and/or City Administrator. Such requests will be given consideration when a suitable vacancy occurs. 2.9 PRO~~OTION. It shall be the policy of the City to fill job vacancies by promotion from within the organization whenever practicable and possible. Such promotions will take into account merit as well as technical qualifications for the job. 2.10 LAYOFF, If there are changes of duties in the organization or lack of work or funds, department heads may layoff employees with approval of the City Administrator. Whenever possible, employees who are to be laid off in a department may be integrated into another department by transfer. When layoffs are required, they shall be based on relative efficiency. 2.11 LEAVE WITHOUT PAY. Upon prior approval of the department head and/or City Administrator, each permanent employee may be permitted a maximum of eighty (80) hours per year "release time" (time without pay) with such loss not affecting the sick leave and vacation benefits of the ensuing year, provided such "release time" can be scheduled without adversely affecting the operation of that department. (1) Upon the written request of an employee, the City Administrator may in writing grant any employee a leave of absence without pay for a period not exceeding twelve (12) months, if this does not inter- fere with the departments operation. During such absence, the employee's seniority, earned vacation and sick leave shall be held in abeyance. (2) Military Leave of Absence without pay shall be granted a permanent employee during a period of service with the Armed Forces of the United States, He shall, upon honorable discharge from such service, be returned to a position in the same class as his last held position, at the salary rate prevailing for such class, without loss of seniority or employ- ment rights. If it is established that he is not -8- physically qualified ~~ perform such duties of his former position by rc~~~son of such service, he shall. be reinstated in other work that he is able to perform at the nearest appropriate level of pay of his former class, if such work is available. Such employee shall make application for reinstatement within ninety (90) ,days and shall report for duty within six (6} months . following separation from active duty. Where an employee voluntarily reenlists, his military leave shall be deemed cancelled, (Ref. ORS 408.240) 2.12 OUTSIDE Eb1PLOY~IENT. Permission of a full time employee to work at outside employment may be granted by his department head. Should the department head disapprove the request, the employee will not be allowed to work other than with the City of Woodburn. In order to be approved, the outside employment must conform to the following: (1) Be compatible with the employee's City work; (2} In no way detract from the efficiency of the employee in his City work; (3) In no way conflict with interest of the City or be a discredit to the City; and (4) Always be secondary to City employment, even when the employee is called upon far extra City work or emergency situations. 2.13 DEPARTMENTAL RULES AND REGULATIONS. Each department of the City is encouraged to have established rules, regulations, and procedures. Such rules and procedures shall be in harmony with the requirements established within this document and shall be binding upon the employee. 2.14 TRAVEL EXPENSE. Occasionally employees will be required to travel on City business. Prior to traveling outside the metropolitan area, approval of the trip and method of travel will be required from the employee's department dead and the City Administrator. Immediately upon return, expense sheets shall be filled out by the employee, approved by the department head, and forwarded to the Finance Director. (1) Travel on official business outside the immediate area by a single individual should be via public carrier or by City owned vehicle. If the employee uses his own car, mileage will be paid at the rate of 10~ per mile, unless governed by a union contract. This rate includes all travel and insurance expense of the vehicle. _g_ (2) When travel by City owned vehicle or public carrier is practical but for personal reasons the employee elects to use his o~~ln car, the employee will be reimbursed an amount equal to the fare of the public carrier that ~vould have been deemed most practical to provide the service. (3} City vehicles may not be used for private purposes. (4) Subsistence allowance for official overnight trips will be on the basis of actual expense at reasonable rates. Subsistence will be permitted by the City only when the expenses are incurred during performance of official duty as a City employee and for the City's benefit. 2.15 IN-SERVICE TRAINING. The City Administrator shall encourage training opportunities for employees and supervisors in order that services rendered to the City will be more effective. (1) The City Administrator shall assist department heads in meeting training needs by means of lecture courses, demonstrations, reading courses, and all other methods conducive to improved effectiveness and broader knowledge on the part of the officers and employees of the City. (2) An employees participation in and successful completion of a training program may be considered as relevant when questions are asked regarding his status in the service of the City, Evidence of his activity in the program shall, therefore, be included in his personnel file. (3) Training sessions may be conducted during regular working hours except where work schedules interfere. _lp_ 2.16 SELLING AND PEDDLING A~~ONG EMPLOYEES. No peddling, solicitation, or sale for charitable purposes or other reasons will be allowed among or by employees during working hours unless approved by the City Administrator. 2.17 POLITICAL ACTIVITY. An employee's political affil- iation or preference will have no effect on his being hired or retained as an employee of the City. (1) No employee shall use his official authority or influence to further the cause of any political party or~candidate for nomination or election to political office. (2} No City employee can be a candidate for an elective municipal office. (3) No City employee may contribute financially to a campaign for an elective municipal office or take part in such a campaign other than by voting. SECTION. III. GENERAL CONDUCT, DISCIPLINE, TER~~IINATION, AND APPEAL 3.1 PERSONAL APPEARANCE AND CONDUCT. All City employees are expected to maintain high standards of performance and conduct. Personal appearance appropriate to the employee's position is important in gaining favorable public opinion of the City service. Neatness, cleanliness, and good grooming are within the reach of everyone, no matter what he is able to spend for clothes. {1} Employees in the uniform services should pay particular attention to being in proper uniform and to its neatness and general appe~.rance. (2) Employees ~vill conduct their financial affairs so as not to .cause u~~f avorable public opinion to fall upon themselves or their fello~~ employees, or to bring discredit upon the City. (3) Neatness of work performed is impartant. Proper;. attitude, courtesy, and conduct on and off the job -11- are of importance to the individual as well as to the City. All City employees are engaged in public relations work. All representatives of the City, regardless of whether public contacts are direct or indirect, or whether, they are by telephone or in person, shall be courteous, efficient, and helpful to all in their work and shall do the best job possible on every assignment. (4) Favorable impressions created by the employee's courteous public relations develop good ~~lill and support for the City service, The public, City officials, and fellow employees expect employees to do their work properly and efficiently and to assume an obligation of loyalty and interest in the city's welfare, (5) Loyalty is due to the City service as a whole, not merely the particular department in which the employee is working. A City employee should take pride in serving in his local government and should strive to advance the City's interests wherever possible, to defend it against unjust criticism, to protect its property, and to be of genuine service to the people of the City of Woodburn. 3.2 CAUSES FOR WARNING, SUSPENSION, OR DISMISSAL. If an employee's conduct falls below a desired standard, he may be subject to removal, suspension without pay, a reduction in pay, disciplinary action, or reprimand for various reasons. General reasons for which an employee may be disciplined are: (1) Drinking intoxicating beverages on the job or arriving on the job under the influence of intoxic- ating beverages; (2} Violation of a lawful duty, insubordination, breach of discipline, or incompentence; (3) Being absent from work without permission or failing to report to his supervisor or department head when he is absent. (4) Being habitually absent or tardy; (5} Chronic physical or mental ailment; -12- (6) Failure to perform assigned work in an efficient manner; (7) Abusive language or conduct; (8) Being wasteful of material, property, or working time;' (9) Inability to get along with fellow employees so that work being performed is hindered or below re- quired standards; (lU) Committing a felony or being convicted of a misdeameanor involving moral turpitude; (11) Use of religious, political, or fraternal in- f luence; (12) Credit difficulties that adversely affects the employee's ability to perform his assigned duties. (13) Personal acceptance o.f a fee, gift, or other valuable thing in the course of h~.s work for the City which conflicts with these rules. 3.3 FOR~~ OF DISCIPLINARY ACTION. Disciplinary action depending upon the severity of the offense, may take the following form; Orai or written warning, suspension, demotion, or dismissal, Copies of communications involving disciplinary action will become apart of the employee's personnel file. 3.4 RESIGNATION. If circumstances make it necessary for an employee to resign, a written resignation should be sub- mitted to the employee's supervisor, or department head, giving as much notice as possible, preferable not less than 14 calendar working days. Such action will be a credit to the employee's record and facilitate the hiring and training of a person to fill the vacancy. 3.5 GRIEVANCES AND APPEAL PROCEDURE. Should an employee wish to express a complaint, view, or opinion relating to employment conditions or relationships, he shall follow the normal channels of authority within the department. If he - ~3- is not satisfied with the department head's ruling, he may appeal such ruling to the City Administrator. (1) In the case of an individual's problem, the decision of the City Administrator shall be final. (2) Matters relating to the entire department rather than individuals, may be referred to the City Council if the question is not satisfactorily resolved by the Administrator. (3) No employee or a representative of an employee organization may present his complaint, view, or suggestion to a councilman or to the Council without first presenting the matter to the City Administrator. If no decision is made to the satisfaction of the employee, he may appeal to the Common Council. 3.6 COST CONSCIOUSNESS. Every employee of the City, as a citizen and taxpayer,, should practice every economy possible in the discharge of his duties. Turning off lights, electric heaters, motors, etc., when not needed, contributes to savings. (1) The care and maintenance of City equipment are important items in an economy program. Equipment requires care in operation, regular cleaning, lubrication, and immediate repair of defects to give long service at a low cost of operation. (2) Office machines and appliances last longer when given proper care. Such care-would include covering when not in use. (3} Conservation should also be practiced in the use of office supplies. Savings effected add to better municipal services at lower costs, 3.7 SAFETY. All employes are required to practice safety at all times, Mishaps and accidents can be kept at a minimum if safe conditions are maintained. It should be the concern of department heads, supervisors, and employees to guard the safety, not only of themselves and fellow employees,! but the public as well. Protection of life and property of the citizenry is the main mission of municipal government. -14- (1) When accidents occur on City property--City buildings, parks, library, streets, etc.--the employee is required to contact his supervisor . immediately. (2) In case of a motor vehicle accident, the Vehicle Accident Worksheet shall be immediately completed by the employee and he shall follow the procedures outlined thereon. (3) Safety is as much a part of each employee's job as any other aspect of the job. Disregard for safe working procedure can be cause for immediate dis- missal. 3.8 LEGAL LIABILITY. Laws regarding responsibility and liability of cities and their employees are complex. For the most part, decisions regarding liability for accidents and injuries are based on proven negligence. Employees of govern- mental agencies are not relieved of personal responsibility in cases of injury or accidents to the public. (1} If an employee is negligent in the performance of his duties and responsibilities, such as failure to report faulty or unsafe equipment or negligent operation of a motor vehicle, and accidents result from such conditions, he maybe held personally and legally liable. However, an employee who takes alI reasonable precautions in the performance of his duties in safeguarding the public's health, safety, and general welfare is neither negligent nor legally nor mora:~ly liable for accidents or injuries which may occur. (2) A good employee will abide by laws and regulations and perform his duties as a reasonable, prudent person and not in a negligent manner. He will strive to preserve the honor, trust, confidence, and respect that is bestowed upon him by the public. SECTION IV. CLASSIFICATION PLAN. 4.1 POSITION CLASSIFICATION PLAN. The City Administrator shall prepare and be responsible for a classification plan which shall be a part of these rules. Copies of this plan and of specifications for individual classes shall be available in the office of the Finance Director. -15- 4.2 TITLES AND SPECIFICATIONS. The position classification plan shall include titles and written specifications for the various classes of positions as a guide toward equal pay for equal work. Job titles shall refer to a particular position and not to the individual. (1) Each position shall, on the basis of the duties and responsibilities of the position, be allocated to an appropriate class. (2) Each class shall have a specification that in- cludes a concise, descriptive title, a description of the duties and responsibilities of each position in the class, and a statement of the minimum or the desirable qualifications for each such position. 4.3. RECLASSIFICATION. The position specifications take into consideration the requirements of the job and are merely descriptive and explanatory of the work to be per- formed. They may not include all of the duties. (1) The City Administrator may reclassify a position whenever its duties change materially, provided the reclassification can be accomplished wit~.n the limitations of the current budget of the City. (2) Reclassificiation of a position may not, however, be used to avoid a restriction concerning demotion, promotion, or compensation. 4.~ NEW POSITIONS. The City Administrator may create new positions and allocate the positions to an appropriate class upon approval by the City Council. The City Admin- istrator shall prepare appropriate class specifications there- for. SECTION V. PAY PLAN AND COMPENSATION 5.1 PAY PLAN AND COMPENSATION. The City Administrator shall prepare a plan of pay and compensation which shall prescribe for each class a minimum and a maximum rate of pay and whatever intermediate rates the City Administrator and the City Council deem equitable, except for positions covered by union contract. 5.2 ANALYSIS OF PAY PLAN. At least once each fiscal year, the City Administrator shall compare the salary rates, -16- the compensation policies, and the personnel developments of the City with those of tither employers, public and private, in the community. (1} Cost of living fluctuations shall be included in this analysis. (2) The City Administrator shall examine the salary 'range for each class or position, except union positions covered by contract, to ascertain whether minimum and maximum salaries should be raised or lowered for a particular class during the succeeding twelve months and upon the basis of this analysis and examination, submit to the Council recommendations for amendment to the pay plan. -~ 5.3 APPOINTEE COMPENSATION. An appointee to a new position shall receive the minimum salary for the class to which the position is allocated, except: (1.) In cases of unusual difficulty in filling the position, or, (2} In hiring exceptionally qualified personnel, the City Administrator may cause the appointment to be made at a salary above the minimum, but not more than the maximum, for the class. 5.4 PAY DAY. Employees of the City paid once each month. A partial paymen shall not exceed 500 of his net monthly Pay checks are issued on the 1st day of the payroll sheet for work accomplished The partial payment or "draw" is issued each month. of Woodburn are t ar "draw" which earnings, is provided. each month covering the previous month. on the 15th day of (1} If the 1st or the 15th day of the month falls on Saturday or a holiday, employees will normally be paid on the Friday preceding or the last working day prior to the holiday. (2} If. the 1st or the 15th of the month falls on a Sunday, employees will normally be paid on the following ~7onday . 5.5 OVERTI~~E. It is the policy of the City to reduce to a minimum the necessity for overtime work. The requirement -17- of frequent and considerable overtime, other than emergency overtime which is not anticipated and created by conditions beyond the department's control, shall be subject to invest- igation by the City Administrator. (1) Overtime shall be considered as time worked in excess of the regularly scheduled work day or work week. No payment shall be made for over- time that has not been certified by a department head as necessary. Overtime shall be computed to the nearest half hour and shall be interpreted according to the definition of overtime. (2) When overtime work is authorized by a depart- ment head, employees so working will be compensated at a time and one-half rate. (3) Compensation for overtime worked shall be in the form of cash payment or compensatory time (time off) during regularly scheduled subsequent work period. The determination to grant cash compensation or compensatory time off shall rest with the department head by giving due consideration to the desires of the employee and to budgetary controls. (4) Compensatory time accumulation shall not ordinarily exceed forty (40) hours. Once this maxi- mum accumulation has been reached, all overtime compensation earned by the employee shall autom~.tically be paid in cash. Exceptions to this regulation must be approved by the City Administrator. (5) Compensation for overtime. will not be granted in cash to the following positions: (a) City Administrator (b) Administrative Assistant to the City Administrator (c} Department Heads (d} Assistant Department Heads 5.6 PAYMENT UPON CLASSIFICATIC}N CHANGE. _lg_ When an employee's classific~~tion is changed, due either to demotion or promotion, all a~crued salary and overtime and overtime pay shall be converted to cash, In the~case of accumulated compensatory time, the City Administrator may elect to make a cash payment or have the hours adjusted to reflect the employee's classification chamge. Such a procedure insures the employee of compensation at the rate designated for his new classification. SECTION VI. FRINGE BENEFITS 6.1 HOLIDAYS. The holidays recognized by the City of Woodburn are as follows: (1) All classified employees shall be entitled to the following holidays with pay: Employee's Birthday New Years Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1st Last i~Ionday in May July-4th 1st Monday in September November 11 4th Thursday in November 4th Friday in November December 25th (2) If any such holiday falls on Sunday, the following Monday shall be a holiday. If such holiday falls on Saturday, the preceeding Friday shall be a holiday. (3) Every day appointed by the President of the United States, or the Governor of Oregon, shall be observed by the City as a holiday. (4) An employee who works on a holiday as part of his regular work week will be allowed equal time off according to the provisions of his job classification. (5) Holidays which occur during vacation or sick leave shall not be charged against such leave. (6) Shift employees in the Fire Department shall be granted four (Shifts) off with pay in lieu of paid holidays. 6.2 VACATION. All permanent employees (except fire service employees who are shift personnel) with five (5) years of consecutive service or less are granted ten (10) days of annual vacation leave with pay. All employees with -19- more than five years consecut ve service will receive additional vacation Leave with pay as per the following schedule; Yrs. Serv. Days Vac. Yrs. Serv. Days vac. 6 15 11 16 7 15 12 17 g 15 13 18 g 15 14 19 10 15 15 & over 20 (1) Shift employees in the Fire Department with one (1) through five (5) years of contious service shall be granted five (5) shifts per year vacation leave with pay. Shift employees with six (6) through ten (10) years of contious service shall be granted seven (7z)shifts per year vacation with pay. Shift employees Wlth eleven (11) through twelve (12) years shall be granted eight (8} shifts per year vacation leave with pay. Shift employees with thirteen (13) through fourteen (14) years of contious service shall be granted nine (g) shifts per year vacation leave with pay. Shift employees with fifteen (15) or more years of contious service shall be granted ten (10) shifts per year vacation leave with pay. (2) Vacation leave shall be used in amounts of not less than one-half day. (3) An employee who terminates during the initial six months, or if he fails to successfully complete this initial probationary period, shall not be entitled to vacation leave or payment for accrued vacation leave. (4) All permanent employees shall be entitled to payment for unused accrued vacation leave upon separation from city service. Such payment will be computed by the Department of Finance on a prorated basis at a rate of pay applicable at the time of separation. (5) For purposes of computing earned vacation the year will be the anniversary date of the employee's employment. (6) An employee's earned but unused vacation credits shall not be allowed to accumulate beyond double his yearly accrual rate. The City may initiate a mandatory vacation of sufficient duration to reduce unused vacation below the maximum allowable accumulation. Employees regularly working twenty (20} hours or more, but less than forty (40}, shall earn pro-rated vacation benefits. -20- (8} Scheduling of vacation}:~ shall be provided by the department heads for their respective employees. Such schedules will be follo~~~ed unless amended by the department head to meet work emergencies or at the request of the individual employee. All vacation schedules will give proper consideration to the needs of the department insofar as work requirements are concerned. 6.3 SICK LEAVE. For the sole purpose of providing financial security to employees and their families, all permanent employees and all probationary employees with three months service are allowed sick Leave for non- occupational disability with full pay earned on the basis of one full duty day for each full month of service. (~) Employees working a fifty-six (56) hour work week will be charged sick leave on the basis of two (2) days sick leave for each twenty-four hour shift absent. (2} Employees working a forty (40) hour work week will be charged sick leave on the basis of one (1) day sick leave for each duty day absent. (3) Sick leave may be used in amounts of not less than one-half (2) day except as provided herein. (4} Sick leave will be authorized only for the sick- , Hess of the employee. If an employee must be away from the job because of serious illness in the immediate family such time off may be granted by the department head and charged against sick leave time.In no other sense is it a right which the employee may use for any purpose other than an actual illness or accident causing personal disability to the employee. (5} Time off for disability will be charged first to accumulated sick leave then to earned but unused vacation time before any deduction from pay is made for time off the job. The charge to vacation time in lieu of a deduction from pay to be at the option of the employee. (6} Abuse of this sick leave privilege will be cause for dismissal. .Proof of sickness may be required at ' the discretion of the department head or the City Administrator. -21- (7) Under no circumstances shall the City grant an employee sick leave with pay for injury resulting from employment other than with the City of Woodburn. (8) All City employees are covered for accidents on the job under the State Accident Insurance Fund. When an employee must take time off by reason of an occupational disability, he will receive compensation from the State Accident Insurance Fund in addition to an amount from the City; the total of the two shall equal the employee's regular net salary. Whenever an employee receives a check from the State Accident Insurance Fund, he shall report to the Finance Director the amount of the check and the period for which it represents payment. (9} Sick leave time off will not be charged to the employee for injuries covered by workman's compensation. (10) If any occupational disability is of such a nature that he is off work in excess of ninety (90~ days his only compensation after the ninety day period will be from the State Compensation Department and long term disability benefits if applicable. (11) If the employee's injury occurs on the job but not in line with assigned duties, and/or where gross negligence or carelessness or breach of established rules or procedures is evident, the employee may be subject to disciplinary action and/or dismissal. (12) When an employee must be away from the job by reason of medical or dental appointments, such time off shall be charged against sick leave time on an hourly basis. (13) Upon application to the employee`s department head, a permanent employee may request sick leave without pay for the remaining period of disability after earned sick leave has been exhausted. In the event such leave exceeds one year, an extension must be requested and approved by the department head and City Administrator. From time to time, the department head or the City Administrator may require _22_ ghat the employee submit a certificate from the -attention physician. Failure or refusal to supply such certificate, or if the certificate does not clearly show sufficient disability to preclude the employee from the performance of duties, such leave shall be canceled and the employee's services terminated. 6.4 LEAVE OF ABSENCE WITH PAY. Employees may request leave of absence with pay for such purposes as death in the immediate family, witness or jury duty, particip- ation in a funeral, attendance at a conference or con- vention with a direct relationship to the employee's work with the City. Each of these requests shall be considered and judged on its merits and the following guidelines used by the department head and/or the City Administrator: (1} Compassionate Leave. In the event of a death in the immediate family, an employee may be granted leave of absence not to exceed five (5} calendar days with pay. (2} Funeral Participation. When an employee serves as a pallbearer, or in some other way participates in a funeral ceremony, he will be granted a reasonable time off to perform such duty. Time not worked because of such absence will not affect vacation or sick leave accrued. (3} Witness or Jury Buty. When a City employee is called for jury duty or subpoenaed as a witness, he will not suffer any loss of compensation. Normally when an employee is called for such duty, he will report any compensation received to the City. That amount will be deducted from his regular compensation for the time covered by the absence. Time not worked because of such service will not affect vacation or ,sick leave accrual. (4) Voting. When an employee's work schedule is such that he would not be able to vote prior to or -23- After his normally schedt~?ed working hours, he shall be granted a reasonable ~ :ne off duty to vote, without loss of pay or accrued va~;ation or sick leave. (5) Military Leave. An employee who has served with the City for six (6} months or mire immediately preceding an application for military leave, and who is a member of the National Guard, Reserve components of the Armed Forces of the United States, or the United States Public, Health Service is entitled upon application, to a leave of absence from duties for a period not exceeding fifteen (15} calendar days. in any one calendar year. Military leave with pay may be granted only when an employee receives bona fide orders to active or training duty for a temporary period, and shall not be paid if the employee does not return to his position immediately following the expiration of the period for which he was ordered to duty. Leave with pay shall not be granted to employees entering the military service for extended and indefinate period of active duty. (6} Conferences and Conventions. Decisions concernin g attendance at conferences, conventions, or other meetings at City expense will be made by the department head with the approval of the City Administrator. Permission far such shall be granted on the basis of an employee's participation or direct relation of his work to the subject matter of a meeting. Members of professional societies will be permitted to attend meetings of their society when such attendance is considered to be in the best interest of the City. 6.5 RETIREMENT. After the first six (6} months of employment with. the City, employees will participate in the retirement plan. Detailed information about this plan is available through the Finance Director's office. 6.6 RETIREMENT AGE. The retirement age for City employees is sixty (60) years for fire and police employees and sixty-five (65) years for all other employees. Employees who wish., except police and fire, may continue working until age seventy (70) on a year-to-year basis when approved by the department head and the City Administrator. 6.7 SOCIAL SECURITY. For your benefit, the City matches the employee's contribution in the Social Security Plan.. ` It constitutes a great potential benefit to each employee in that monthly payments on retirement or payments to the widow and children in the case of death or disability of the employee will be available. -24- 6.8 STATE ,;OP~IPENSATION. All employe~..~ are covered under the State Accident and Insurance Fund for industrial accidents and disease. B~:~nefits include medical treat- ment and care as well as disability compensation during periods of time loss. (1) Contributions to the State Accident and Insurance Fund are made principally by the City of Woodburn based upon payroll in various occupations within the City. Rates vary depending upon experience rating with the City. (2) The employee's contribution amounts to eight cents (8~) per day for each day worked. This is a requirement of law and is handled as a payroll deduc- tion. 6.9 MEDICAL AND HOSPITAL INSURANCE. Medical and hospital insurance is provided by the City of ~~~oodburn to all full time, permanent employees, and families, and probationary employees and families after the first day of the month following employment. The plan is designed to assist the employee in the payment of burdensome expenses resulting from non-occupational illnesses and injuries which involve hospital, surgical, and medical charges. (1} The premium for medical coverage for the employee and his family is paid by the City of Woodburn, except where governed by a union contract. (2) This program is administered and underwritten by Blue Cross. Detailed information concerning this program is provided each employee in a booklet published by Blue Cross. (3} A dental insurance program for employees and dependents is also provided. This program's cost is shared by the City and the employee. If the employee chooses to enroll in this plan the City will pay 75°Jo of the employee's premium. If the employee chooses to cover his dependents the cost is handled as a payroll deduction. 6.10 LIFE INSURANCE., In conjunction with the major medical insurance is a policy for $1,000 death and dis- memberment insurance underwritten by Standard Life Insurance. In addition, this company underwrites $10,000 life insurance on a 24-hour basis. An additional $10,000 occupational coverage is underwritten by U.S. Fidelity and Guarantee Company. -25- 6.11 LONG TERM DISABILIT`~ INSURANCE. This program is underwritten by Standard insurance Company. Employee` coverage begins the first day of the month following employment,, unless governed by a union contract, and the premium is paid by the City of Woodburn. Detailed infor- mation concerning this program is provided each employee in a booklet published by Standard Insurance Company. 6.12 SERVICE AWARDS. The Common Council has provided for recognition of faithful and effective service rendered by employees. During the annual Christmas Luncheon held for all emplo~e~s, special recognition is given to those employees who have completed five years of service from the fifth through the fortieth year of employment , SECTION VII VARIANCES 7.1 VARIANCES. The City Administrator shall have the power to vary or modify the strict application of the rules listed in this manual in any case where such strict application would result in practical difficulties or unnecessary hardship. SECTION VIII APPLICABILITY S.1 In all matters not covered by a union contract this Personnel Manual shall prevail. A union contract prevails in any area that is in conflict with this Personnel Manual. SECTION IX Each new employee will be given a copy of the Code of Ethics and shall sign a statement that it has been read. *Employees employed by the City of Woodburn and receiving compensation from city monies. -26- I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1655, one of which said copies posted in the City Ha11 on the bulletin board adjacent to the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 28~ Garfield Street, in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., in full view of the traveling public; that all of said places axe public places within the corporate limits of the City of Woodburn and all of said c©pies were posted on the l4 th day of ~ February , 19 7 9 . ,,. . ~.- .. . Barney 0 Bu s, .Recorder City of Woodburn, Oregon