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AMENDED AS OF
OCTOBER 11, 2004
O-2004-39
AN ORDINANCE
REPEALING AND REENACTING TITLE 4 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE CITY'S PERSONNEL POLICIES.
WHEREAS, the Personnel Polices for the City of Lakewood are reviewed periodically for the purpose of recommending necessary additions, deletions and clarifications and;
WHEREAS, the City Manager has recommended to the City Council amendments to the Personnel Polices which seek to reflect current laws and practices and;
WHEREAS, it is the desire of the City Council of the City of Lakewood to incorporate changes in this ordinance to the Personnel Policies of the City of Lakewood.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Title 4 of the Lakewood Municipal Code relating to the Personnel Policies of the City of Lakewood is hereby repealed and reenacted as Title 4 of Lakewood Municipal Code as follows:
(See Exhibit "A" which is attached hereto and is incorporated herein
by reference.)
SECTION 2. This Ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced
and read on first reading at a regular meeting of the Lakewood City Council
on the 23rd day of August, 2004; published in full in the Lakewood Sentinel
on the 26th day of August, 2004; set for public hearing on the 11th day of October,
2004; read, finally passed and adopted by the City Council on the 11th day of
October, 2004; and, signed and approved by the Mayor on the 12th day of October,
2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
REVISED
Title 4
LAKEWOOD MUNICIPAL CODE
PERSONNEL POLICIES
GENERAL POLICIES*
Chapters: Page
4.01 General Provisions 4-3
4.02 Pay Plan** 4-8
4.03 Recruitment**** 4-11
4.04 Examinations**** 4-13
4.05 Vacancies**** 4-14
4.06 Working Hours - Pay Rates - Leaves*** 4-16
4.07 Employee Separations** 4-21
4.08 Duty Fitness Exams 4-23
4.09 Employee Development 4-24
4.10 Performance Evaluations**** 4-25
4.11 Employee Transportation 4-26
4.12 Employee Political Activities 4-28
4.13 Personnel Records 4-29
4.14 Equal Employment Opportunity Policy Statement 4-30
4.15 Harassment and Related Inappropriate Conduct 4-31
4.16 Miscellaneous Rules 4-33
PERSONNEL MERIT SYSTEM POLICIES*****Chapters:
4.17 General Provisions 4-35
4.18 Probation 4-36
4.19 Transfers - Promotions - Demotions 4-37
4.20 Disciplinary Action And Appeal Procedures 4-39
4.21 Grievance Procedures 4-44
POLICIES APPLICABLE TO EXECUTIVES
Chapters: Page
4.22 Removal Or Suspension 4-46
4.23 General Provisions 4-47
4.24 Salaries 4-48
POLICIES APPLICABLE TO TEMPORARY/SEASONAL EMPLOYEES
Chapters:
4.25 General Provisions 4-49
* (General Policies apply to all employees except temporary/seasonal employees or as otherwise specified herein.)
** (This Chapter does not apply to the City Manager, Municipal Judges, City Council or provisional employees.)
*** (This Chapter does not apply to the City Council except as otherwise noted.)
**** (This Chapter does not apply to the City Manager, Municipal Judges or City Council.)
***** (Personnel Merit System Policies apply to all employees except the City
Manager, Court Administrator, Municipal Judges, Department Directors, Division
Managers, City Council, provisional employees and all temporary/seasonal employees
or as otherwise specified herein.)
GENERAL POLICIES
The following chapters under general policies do not apply to temporary/seasonal employees or as otherwise specified herein.
Chapter 4.01
GENERAL PROVISIONS
Sections:
4.01. 010 Applications - Authority.
4.01. 020 Rules subordinate to rules of court.
4.01. 030 Prerogatives reserved.
4.01. 040 Amendments to policies.
4.01. 050 Administrative procedures.
4.01. 060 Definitions.
4.01. 010 Applications - Authority.
The Personnel Policies set forth in this Chapter shall be applicable to all
employees of the City to the extent of and according to the provisions hereinafter
set forth, except as otherwise noted herein or provided by ordinance or statute
or the City Charter. Unless provided otherwise, the authority and responsibility
vested in the City Manager or his/her designee by the terms of the City Charter
are vested in the Presiding Municipal Judge with respect to the Municipal Court.
The Director of Employee Relations shall serve as an advisor to the Municipal
Court in matters involving the Personnel Merit System. The Presiding Judge of
the Municipal Court shall continue to have the power and authority to promulgate
such court rules and orders as may be necessary and proper providing, however,
that such rules and orders do not conflict with the requirements of the Personnel
Merit System or Colorado Supreme Court Rules. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.01. 020 Rules subordinate to rules of court.
Notwithstanding any other provisions of this Chapter, the Personnel Policies
will be subject to controlling judicial decisions. (Ord. O-2001-49 § 1,
2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.01. 030 Prerogatives reserved.
The City of Lakewood has and retains all rights to manage its business whether
heretofore or hereafter exercised and regardless of the frequency or infrequency
of its exercise, including but not limited to the exclusive right in accordance
with its judgment and subject to applicable statutes, ordinances and regulations,
to:
A. Discipline Personnel Merit System employees for cause;
B. Hire, promote, retire, demote, transfer, assign, lay off, and recall employees
to work;
C. Judge the employee's skill, ability, efficiency, qualifications, and otherwise
evaluate performance;
D. Determine and change the starting and quitting times, the number of hours
on the shift to be worked, days off to be taken, and the number of hours in
the employee's workweek;
E. Revise, eliminate, combine, or establish new jobs and classifications;
F. Establish compensation plans and programs;
G. Maintain control and regulate the use of equipment and other property of
the City;
H. Reduce or expand the operation of the City or any department thereof;
I. Determine the number, size, location, and operation of facilities and departments,
groups, or divisions thereof;
J. Subcontract and determine the services to be rendered, bought or sold;
K. Determine the assignment of work and the size and composition of the work
force;
L. Make, change, and enforce rules, policies, and practices;
M. Establish quality standards; and
N. Introduce technological changes, new, improved, or modified services, methods, techniques, and equipment, and otherwise generally manage the operation and direct and supervise the work force. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.01. 040 Amendments to policies.
Amendments to these Personnel Policies may be proposed by the City Manager or
his/her designee to the City Council as required. All amendments shall become
effective upon adoption by the City Council or on such date as the City Council
shall designate. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999;
Ord. O-99-18 § 1, (part), 1999).
4.01. 050 Administrative procedures.
The City Manager or his/her designee, at any time deemed necessary or proper
for the purpose of enforcement or implementation of these policies, may adopt,
amend, or rescind written administrative procedures, rules, or regulations consistent
with these policies. Such procedures, rules, or regulations shall be effective
on the dates specified by the City Manager or his/her designee, provided that
such procedures, rules, or regulations shall be circulated to all Department
Directors or their designees, prior to the effective date thereof. Copies of
such procedures, rules, or regulations shall be located with each division within
the City and placed on record in the Employee Relations Department of the City,
together with these Policies, the same to be open to public inspection during
normal business hours. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1,
1999; Ord. O-99-18 § 1, (part), 1999).
4.01. 060 Definitions.
The following terms wherever used in this Chapter shall have the following meaning:
A. "Administrative Leave" means time off with pay or without pay.
Administrative Leave is granted at the discretion of a supervisor or their manager,
in consultation with the Department of Employee Relations.
B. "Advancement" means a pay step increase within the range of the
Police Agents' pay level.
C. "Alternative Duty" means a temporary adjustment, or set of adjustments,
made to an employee's job duties incorporating medical restrictions ordered
by the employee's treating physician. Alternative Duty may include temporary
assignment to a different position and temporary limitations on the number of
hours an employee works.
D. "Appeal" means the employee's challenge to a disciplinary action
in accordance with prescribed procedures as outlined in the Personnel Policies.
E. "Applicant" means a person who has filed a completed application
for employment, submitted a résumé, or filed a promotional consideration
form for a specific job for which the City is currently receiving applications.
F. "Appointing Power" means the official whom possesses the final
authority to make an appointment to a position.
G. "Appointment" means the placing of a person in a position on a
regular full-time, regular part-time, provisional full-time, provisional part-time,
temporary, or seasonal basis.
H. "Classification" means determination of the occupational group
and pay level of a position based on the duties performed, authority, responsibilities
exercised, and the pay level of comparable positions.
I. "Compensation" means pay, wage, allowance, and all other forms
of valuable consideration earned by or paid to any employee for service in any
position.
J. "Compensatory Time" means the accrual of time by an eligible non-exempt
employee as compensation in lieu of paid overtime. Said compensatory time is
accrued at a rate of time and one-half of the overtime hours worked.
K. "Demotion" means the change of an employee from one pay level
to a lower pay level.
L. "Department Directors" mean heads of distinct departments (such
as Police Department and Public Works Department). Department Directors report
directly to the City Manager.
M. "Disciplinary Action" means action taken by the Disciplinary Authority
against an employee for cause, which may include reprimand, suspension, demotion,
or termination.
N. "Disciplinary Authority" means the City Manager or his/her designee,
Department Directors or their designee, Division Managers, and supervisors,
within limits of authority.
O. "Employee Development" means any form of instruction designed
to maintain or increase the proficiency, qualifications, knowledge, skills,
and abilities of City employees.
P. "Exempt" means an employee who is exempt from the overtime provisions
of the Fair Labor Standards Act.
Q. "Family and Medical Leave" means an approved, unpaid absence available
to eligible employees for up to 12 weeks. Family and Medical Leave may be taken
on the birth of an employee's child; on the placement of a child with an employee
for adoption or foster care; when an employee is needed to care for the employee's
child, spouse, or parent who is suffering a serious health condition; or when
an employee is unable to perform at least one critical function of the employee's
job because the employee is suffering a serious health condition. R. "Full-Time
Employee" means an employee who works a minimum of 37 average hours in
a workweek throughout a defined one-year time period.
S. "Grievance" means a complaint initiated by an employee concerning
working environment.
T. "Immediate Family" means spouse (including common-law spouse as
evidenced by notarized affidavit), parents, brothers and sisters (including
step and half), grandparents, children, grandchildren, stepchildren, stepparents,
step-grandparents, grandparents-in-law, step-grandchildren, mothers-in-law,
fathers-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law
of an employee.
U. "Journey Step" means the maximum pay step of the Police Agents'
pay level.
V. "Layoff" means non-disciplinary termination of an employee from
a position because of, but not limited to, a reorganization; completion or alterations
of required programs, projects or services; changes in methodology by which
the service is provided; reductions in service levels; and/or budgetary or related
economic restraints, restrictions or decisions.
W. "Market Data" means salary data obtained from a variety of appropriate
markets, including both public and private sector information.
X. "Maximum Medical Improvement" (MMI) means a point in time when
any medically determinable physical or mental impairment has become stable and
when no further treatment is reasonably expected to improve the condition. The
requirement for future medical maintenance, which will not significantly improve
the condition or the possibility of improvement or deterioration resulting from
the passage of time, shall not affect a finding of MMI. .
Y. "Medical Separation" means a separation from employment based
upon the determination that, owing to illness or injury, an employee cannot
perform the essential functions of his or her job with or without reasonable
accommodation. A Medical Separation does not constitute disciplinary action.
Z. "Non-exempt" means an employee who is subject to the overtime
provisions of the Fair Labor Standards Act.
AA. "Overtime" means authorized recorded time of non-exempt employees
in excess of 40 hours per week subject to certain exceptions as promulgated
by administrative regulation and the Fair Labor Standards Act.
BB. "Part-Time Employee" means an employee who is paid on an hourly
basis and whose average workweek is 36 hours or less throughout a defined one-year
time period. "Regular part-time employees" work an average of at least
20 hours per week on a continuous year-round basis.
CC. "Pay Level" means the establishment of a pay range for positions
with comparable market rates, competency, and authority. For Police Agents,
the pay level is a series of pay steps.
DD. "Performance Review and Development System" means a method for
documenting and evaluating employee performance.
EE. "Personal Leave of Absence" means a period of time from 30 days
to one year in which an employee is temporarily away from his/her job for personal
reasons.
FF. "Personnel Register" means a five-day minimum posting announcement
outlining the essential functions, requirements and other pertinent information
of a vacant position that is distributed to City employees.
GG. "Position" means a specific job in the City, within a classification
and assigned the appropriate occupational group and pay level. These positions
can be regular (authorized in the budget), temporary/seasonal or provisional.
HH. "Probationary Employee" means an employee hired, promoted, transferred,
or removed from a position and placed in a different position, serving a probationary
period.
II. "Probationary Period" means the length of time, minimally 6 months,
during which an employee's skills, abilities, performance and other job-related
criteria are evaluated to determine his/her suitability for appointment to a
regular position.
JJ. "Promotion" means the movement of an employee from one pay level
to a higher pay level and to a position of increased responsibility.
KK. "Provisional Employee" means an employee, either full-time or
part-time, hired for a period of time not to exceed two (2) years who receives
benefits (except pension contributions), but who is not entitled to all rights
and privileges afforded a regular employee.
LL. "Reclassification" means a newly assigned classification of a
position based on a study of various criteria pertaining to the position.
MM. "Regular Employee" means an employee who has been assigned to
a position in the City, either full-time or part-time, who receives benefits
(including pension contributions) and is afforded the rights and privileges
described herein.
NN. "Seasonal Employee" means an employee hired for a designated
period of time, generally not to exceed nine (9) months, who is paid on an hourly
basis and whose work schedule may be part-time or full-time. These employees
have no benefits nor all rights and privileges afforded a regular employee.
OO. "Seniority" means the total number of months of service since
the last date of appointment to a given regular position. With the authorization
of the Director of Employee Relations, seniority may be reinstated to a date
earlier than that of the last date of appointment to the given regular position.
Seniority will be represented by the anniversary date.
PP. "Special Review" means a set time period after an employee's
performance is rated "Needs Improvement" or "Unacceptable."
This is a tool to improve and/or develop an employee's performance, which if
not improved, can ultimately lead to termination.
QQ. "Step" or "Pay Step" means the pay allocation within
the Police Agents' pay level.
RR. "Suspension" means a period of time during which an employee
is prohibited from returning to work. A suspension may be imposed with or without
pay, and can be used during the pendancy of criminal prosecution. The City may
delay the commencement of disciplinary action through the suspension period.
SS. "Temporary Employee" means an employee who has not been assigned
to a regular or provisional position in the City, and whose work schedule is
generally part-time. Temporary employees are entitled to limited benefits and
privileges, as defined herein.
TT. "Tenure" means the total number of consecutive months of service
to the City as of the most recent date of hire to a regular position, regardless
of department or classification. Tenure will be represented by the hire date
or adjusted hire date, if applicable.
UU. "Termination" means involuntary separation from employment with
the City of any person subject to these policies.
VV. "Transfer" means the movement of any City employee from one position
to another position having the same or similar pay level and degree of responsibility,
and/or from one department/division to another department/division.
WW. "Transitional Status" means the temporary employment status assigned
to an employee following an injury or illness that causes the employee to be
unable to perform one or more of the essential functions of his/her position,
with or without reasonable accommodation. An employee placed on transitional
status may be offered alternative duty. Transitional status may ultimately result
in medical separation.
XX. "Work Environment" means the physical and emotional surroundings
in which employees take part. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.02
PAY PLAN**
The following part does not apply to the City Manager, Municipal Judges, or City Council and may not apply to all provisional employees.
Sections:
4.02.010 Pay concepts and philosophies.
4.02.020 Establishment of classifications.
4.02.030 Maintenance of plan.
4.02.040 Placement of positions within pay levels.
4.02.050 New positions.
4.02.060 Reclassification.
4.02.070 Salaries.
4.02.080 Use of pay ranges.
4.02.090 Salary advancement.
4.02.100 Bonus plan.
4.02.110 Incentive pay for police agents.
4.02.120 Alternative scheduling.
4.02.130 Additional regulations.
4.02.010 Pay concepts and philosophies.
City Council has authority over the City's broad compensation concepts and philosophies.
At this time, the City embraces a market-driven, performance-based pay system
that recognizes budgetary influences and constraints.
The Department of Employee Relations shall at least annually make a comparative
study of the factors affecting the level of pay prescribed for positions within
the City and make recommendations to the City Manager or his/her designee for
changes thereto. The City Manager or his/her designee shall annually review
the salary ranges. The pay plan and base salary compensation levels for regular
full-time and regular part-time, as well as for provisional and temporary/seasonal
positions, shall be set forth in Administrative Regulation, "Pay Plan,"
as promulgated by the City Manager or his/her designee.
All regular employees shall be assigned a salary range. (Ord. O-2001-49 §
1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.02.020 Establishment of classifications.
The City Manager or his/her designee is directed and authorized to implement
and maintain a classification system, paying positions the appropriate biweekly
base salary as established by Chapter 4.02. The City Manager or his/her designee
shall issue the classification titles and corresponding occupational category
levels. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18
§ 1, (part), 1999).
4.02.030 Maintenance of plan.
The City Manager or his/her designee shall periodically direct the initiation
of a study of the duties and responsibilities and associated factors of all
positions within the City. The study shall address itself to the principle of
appropriate pay rates and classifications for each position based upon market
data, nature of work, duties, responsibilities, and authority within that position.
The City Manager or his/her designee shall make amendments to the classification
plan whenever factual data indicates the necessity for a change in the plan.
(Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 §
1, (part), 1999).
4.02. 040 Placement of positions within pay levels.
Positions in the City shall fall within the pay levels prescribed by the City
Manager or his/her designee. Final determination with respect to the placement
of positions in pay levels and classifications shall be recommended by the Department
of Employee Relations with approval by the City Manager or his/her designee.
(Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 §
1, (part), 1999).
4.02.050 New positions.
A. Any new position added to the City shall be assigned an appropriate classification
upon recommendation by the Department of Employee Relations and approval by
the City Manager or his/her designee.
B. Any position in the City shall be assigned an appropriate classification
upon recommendation by the Department of Employee Relations.
C. New positions may be requisitioned through the annual budget process. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.02.060 Reclassification.
A. When a study has shown that the duties and responsibilities of a current
position have significantly changed, or when sustained market data indicates,
a reclassification of a position shall be considered. (This may include a position
that goes from regular part-time to regular full-time or from regular full-time
to regular part-time.) A position may move to a higher level, a lower level,
or remain at the same level. Requests for reclassification shall be submitted
in writing as promulgated by the Administrative Regulation, "Reclassification/Classification
Requests." Reasons for reclassifications are listed in this administrative
regulation. The Department of Employee Relations may reclassify positions where
good and sufficient reason warrants such reclassification. Reclassifications
may also be initiated by the Department of Employee Relations. Reclassifications
shall not be proposed solely for the purpose of effecting pay adjustments or
individual promotions/demotions and shall not be used as part of the recruitment
process. (See Chapter 4.03.)
B. Reclassifications should be requisitioned through the annual budget process. (Ord. O-2001-49 § 1, 2001).
4.02.070 Salaries.
Employees shall be assigned a base pay rate in conformance with this pay plan.
The City Manager or his/her designee is authorized and directed to establish
by written order to the Director of Employee Relations the base pay rate of
each City employee. The City Manager or his/her designee shall take into consideration
factors relating to the competence, diligence, and efficiency in the performance
of duty, together with other relevant factors, in establishing, changing, and
fixing such base pay rates. In addition, the City Manager or his/her designee,
may, at his/her discretion, grant pay increases at any time during any budget
year to any of the employees provided, however, that the City Manager or his/her
designee shall not grant any increase in an amount which would cause the total
budget for such fiscal year to be exceeded.
The City Manager or his/her designee is authorized to make an exception to the
assignment of an employee's salary in the pay plan.
Employees shall be paid on a biweekly basis. (Ord. O-2001-49 § 1, 2001).
4.02.080 Use of pay ranges.
The Department Director or his/her designee shall, in consultation with the
Department of Employee Relations, authorize appointments or reinstatements at
a rate within the pay range for the position's classification. (Ord. O-2001-49
§ 1, 2001).
4.02.090 Salary advancement.
Salary advancement of employees shall be in conjunction with pay plans and dependent
upon performance and budgetary considerations. The City Manager or his/her designee
shall have final authority with respect to the approval or disapproval of all
recommended salary adjustments. (Ord. O-2001-49 § 1, 2001).
4.02.100 Bonus plan.
The City Manager or his/her designee may establish a bonus plan, which shall
specify criteria for bonus awards. The City Manager or his/her designee shall
have final authority with respect to the approval or disapproval of all awards
relating to the bonus plan. The City Manager or his/her designee shall not grant
any bonus award which would cause the total compensation budget for the fiscal
year to be exceeded. (Ord. O-2001-49 § 1, 2001).
4.02.110 Incentive pay for police agents.
Incentive Pay is an amount above and beyond the step pay that a sworn agent
receives to recognize exceptional performance, skills and/or abilities demonstrated
in the previous performance review period. This is not guaranteed and is reviewed
on an annual basis.
4.02.120 Alternative scheduling.
The City has implemented an alternative scheduling program for regular full-time
and regular part-time employees who meet certain criteria. Alternative schedules
may include stretch pay, time off without pay, teleworking, flex scheduling
and job sharing. Refer to Administrative Regulation, "Alternative Scheduling,"
for detailed information.
4.02.130 Additional regulations.
The City Manager or his/her designee is authorized to issue such administrative
regulations for the proper implementation of the pay plan set out in this Chapter
as may be necessary or proper, and within the spirit and intent of and not contrary
to the provisions of this Chapter or any other ordinance of this City, state
or federal law. (Ord. O-2001-49 § 1, 2001).
CHAPTER 4.03
RECRUITMENT
The following chapter does not apply to the City Manager, Municipal Judges, or City Council.
Sections:
4.03.010 Eligibility for employment.
4.03.020 Area for consideration.
4.03.030 Announcement of vacancies.
4.03.040 Application forms and résumés.
4.03.050 Disqualification of applicants.
4.03.010 Eligibility for employment.
Applicants shall be eligible for employment consideration with the City when
they possess the minimum qualifications as contained in the appropriate job
description and established selection criteria and are able to perform the essential
functions of the position with or without reasonable accommodation. (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.03.020 Area for consideration.
Individuals shall be recruited from a geographical area sufficiently broad to
assure obtaining well-qualified candidates for the position to be filled. (Ord.
O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1,
(part), 1999).
4.03.030 Announcement of vacancies.
The Department of Employee Relations shall prepare recruiting notices using
such publicity as deemed appropriate to reach prospective applicants for the
position to be filled. All recruiting notices and other publicity material concerning
position vacancies shall explicitly state that the City is an Equal Opportunity
Employer. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord.
O-99-18 § 1, (part), 1999).
4.03.040 Application forms and résumés.
The City requires an application for employment from applicants prior to employment
with the City. An applicant may also submit a résumé in addition
to the completed application. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.03.050 Disqualification of applicants.
Applicants may be disqualified for employment consideration for reasons including,
but not limited to, the following factors:
A. They do not possess the minimum qualifications for the job.
B. They are unable to perform the essential functions of the position with
or without reasonable accommodation.
C. Their employment record or personal record including, without limitation,
their criminal history, credit history, motor vehicle record, or any City of
Lakewood record, is unsatisfactory to the City. See Administrative Regulation,
"Background Checks."
D. They have given false information to the City or have omitted information
in any manner regarding their application or engaged in any form of deception
during the selection process. See Administrative Regulation, "Background
Checks."
E. They are not, in the City's determination, the best candidate for the position,
or their qualifications and abilities do not closely meet the City's organizational
needs at the time of the vacancy.
F. They are an employee serving a probationary period. Exceptions to this provision
may be made by the employee's current Department Director or his/her designee
and the Director of Employee Relations.
G. They are on special review which may limit an employee's ability to be considered
for other positions. The affected Department Directors or their designees, in
conjunction with the Director of Employee Relations, will determine whether
or not such an employee may apply for another position. (Ord. O-2001-49 §
1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.04
EXAMINATIONS****
The following chapter does not apply to the City Manager, Municipal Judges, or City Council.
Section:
4.04.010 Nature and type.
4.04.010 Nature and type.
In order to measure job-related qualifications, performance, physical fitness,
agility, or any combination thereof, an examination for a position may be administered
through written, oral, or other means. Examinations shall consist of material
that test the capacity and fitness of an applicant to effectively perform the
functions of the position for which the examination is given. The necessity
for an examination and the type thereof shall be determined by the Department
of Employee Relations in coordination with the Department Director or his/her
designee of the hiring department. Development, implementation, and maintenance
of examinations shall be the responsibility of the Department of Employee Relations,
in accordance with applicable laws and regulations. (Ord. O-2001-49 § 1,
2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.05
VACANCIES**
The following chapter does not apply to the City Manager, Municipal Judges, City Council, or provisional employees.
Sections:
4.05.010 Applications for vacancies.
4.05.020 Eligibility list.
4.05.030 Promotional examination list.
4.05.040 Appointment.
4.05.010 Applications for vacancies.
A. Except as provided in Paragraph 4.05.010(B), whenever a position becomes
vacant, or a new position is created, and approval for hiring is obtained, the
position shall be filled with the best available applicant. Promotional lists
and vacancy selection lists may be used to fill the vacancy. If no such list
is maintained, the following shall occur:
For Non-Exempt Vacancies
· A City of Lakewood personnel register shall be posted on all official
City bulletin boards for a minimum of five working days. Vacancies include new
positions and provisional positions changing status to regular positions. During
such period, eligible, non-probationary employees currently in the employment
of the City who wish to do so may apply for the position. The applications shall
be submitted to the Department of Employee Relations on or before the deadline
date. Internal candidates must submit the Application for Promotional Consideration
on or before the deadline date.
· Vacancies may also be advertised externally, and a person not presently employed by the City may apply for the position by submitting an application or résumé to the Department of Employee Relations on or before the deadline date.
For Exempt Vacancies
A City of Lakewood personnel register may be, but is not required to be, posted
on official City bulletin boards. It may also be advertised externally. All
applicants, internal and external, must apply to the Department of Employee
Relations on or before the deadline date. A Department Director or his/her designee,
working in conjunction with the Department of Employee Relations, may appoint
someone in lieu of seeking applications for an open position if the appointee
meets the essential qualifications of the position to which he/she will be appointed.
B. In the event of a reorganization, or reduction in force requiring the transfer of an employee to a position that is vacant and that the employee is qualified for, the requirements of Paragraph 4.05.010(A) shall not apply.
C. In the event of a reclassification, the requirements of Paragraph 4.05.010(A) shall not apply. See Section 4.02.060, Reclassification. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, Ord. O-99-18 § 1 (part), 1999).
4.05.020 Eligibility list.
Whenever an adequate pool of qualified applicants is available, as determined
jointly by the Department of Employee Relations and the appropriate supervisor,
an eligibility list may be established prior to soliciting applications for
a particular position as a means of recommending qualified individuals to fill
existing or future vacancies. Such list shall be maintained by the Department
of Employee Relations and shall remain active for up to 12 months from the date
the related recruitment process closes. If an eligibility list is going to be
considered during a recruitment, the personnel register advertising the opening
of the position must state this intention. (Ord. O-2001-49 § 1, 2001; Ord.
O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.05.030 Promotional examination list.
Whenever a position has the potential to become vacant, a promotional examination
list may be considered.
If an adequate pool of qualified applicants is available, as determined jointly
by the Department of Employee Relations and the appropriate Department Director
or his/her designee, a promotional examination list may be established as a
means of recommending qualified employees for promotion to fill existing or
future vacancies. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999;
Ord. O-99-18 § 1, (part), 1999).
4.05.040 Appointment.
With respect to all positions governed by the provisions of this Chapter, the
City Manager or his/her designee shall be the final appointing authority. (Ord.
O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1,
(part), 1999).
CHAPTER 4.06
WORKING HOURS - PAY RATES - LEAVES***
The following chapter does not apply to the City Council, except as otherwise noted.
Sections:
4.06.010 Workweek.
4.06.020 Days off.
4.06.030 Overtime and compensatory time.
4.06.040 Shift differential.
4.06.050 Attendance.
4.06.060 Vacation.
4.06.070 Sick leave.
4.06.080 Workers' compensation.
4.06.090 Military leave.
4.06.100 Personal leave of absence.
4.06.110 Family and medical leave of absence.
4.06.120 Non-job-related jury or court leave.
4.06.130 Holidays.
4.06.140 Additional information.
4.06.150 Emergency response.
4.06.160 Hours to vote.
4.06.170 Domestic violence leave.
4.06.180 Pay deductions
4.06.190 Recording hours worked
4.06.010 Workweek.
All full-time employees shall work a minimum of 37 average hours in a workweek
through a defined one-year time period. Part-time employees shall normally work
an average workweek of fewer than 37, but more than 20, average hours in a workweek
over the course of each year. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.06.020 Days off.
Employees may have regular days off each week in conjunction with work schedules.
In the event of an emergency, or when deemed necessary, an employee may be required
to work on the days such employee is normally off. (Ord. O-2001-49 § 1,
2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.06.030 Overtime and compensatory time.
An employee who is not exempt from overtime pay, in accordance with the Fair
Labor Standards Act, and who reports in excess of 40 hours in a workweek (or
80 hours in a two-week pay period for Police Agents, Police Sergeants, and Court
Marshals) shall either be paid time and one-half based on such employee's hourly
rate or receive compensatory time at a rate of time and one-half of the overtime
hours worked, at the City's discretion and subject to certain limitations. Overtime
must be approved in advance by the Department Director or his/her designee.
The plan for administration of overtime and compensatory time shall be promulgated
by Administrative Regulation, "Overtime and Compensatory Time." (Ord.
O-2001-49 § 1, 2001).
4.06.040 Shift differential.
For non-exempt, non-sworn personnel, a shift differential may be authorized
via Administrative Regulation, "Shift Differential," as promulgated
by the City Manager or his/her designee. (Ord. O-2001-49 § 1, 2001).
4.06.050 Attendance.
A. Employees shall be at their place of work in accordance with the Personnel
Policies regarding hours of work, holidays, leaves, and departmentally designated
work schedules.
B. Employees who are unable to report to their place of work are required to notify their immediate supervisor prior to the start of a work shift or as designated by specific department directive. (Ord. O-2001-49 § 1, 2001).
4.06.060 Vacation.
Vacation is provided to enable employees to enjoy periodic respite from their
regular duties. All regular and provisional full-time and part-time employees
may accrue vacation in accordance with these policies. Regular and provisional
employees shall accrue vacation hours based on tenure and position.
A. Accrual and Usage. Vacation is accrued on a monthly basis and accorded to
active employees who receive paid time through the second pay date of the month.
Accrual will not occur when an employee's total number of vacation hours is
at the maximum allowed. Vacation may be used once accrued and with supervisory
approval.
B. Maximum Accumulation. Maximum accumulation of vacation is based on hire
date and position. Vacation accumulation in excess of maximum accumulations
shall not be allowed except where the employee has been denied the opportunity
to take vacation time by the City or where special circumstances exist and approval
to exceed the limits has been authorized by the City Manager or his/her designee.
C. Records of Leave. The Finance Department shall maintain records of vacation
and its use. Each Department Director or his/her designee shall develop and
maintain a vacation schedule for employees.
D. Effect of Holidays and Vacations. When a designated holiday falls during
an employee's scheduled vacation, such holiday shall not be charged against
the employee's accrued vacation hours.
E. Effect of Sick Leave. In most cases, if any employee becomes ill while on
vacation, the time off will be claimed as vacation. Exceptions to this rule
may be granted by the City Manager or his/her designee or the Department Director
or his/her designee, under extraordinary circumstances; for example, in a situation
wherein an employee is hospitalized during a planned vacation.
F. Opportunity for Leave and Waiving of Vacations. No employee shall lose any
vacation for which he/she is entitled when, at management discretion, City operations
require his or her presence on the job. No employee shall be permitted to waive
vacation for the purpose of receiving extra compensation.
G. Payment for Vacation. Upon termination of employment from the City, an employee
shall be paid at his/her regular hourly rate for all vacation hours accumulated
to the date of termination. If at any time during an employee's employment with
the City, the employee's position is reclassified to a lower pay level, the
employee is involuntarily demoted or the employee otherwise has his or her pay
reduced, not as a result of discipline, payment upon termination shall be based
on the average of the three highest hourly base rates paid during his/her employment.
See the Employee Benefits Book for further information. (Ord. O-2001-49 §
1, 2001).
4.06.070 Sick leave.
A. Accrual and Usage. Regular and provisional employees shall accrue sick leave
hours based on date of hire and position. Sick leave shall be used when an employee
is ill or incapacitated for work, or when an employee must be absent for medical
or dental appointments. Sick leave may also be used for an illness or injury
within the employee's immediate family, when the employee is needed for the
welfare of the employee's family.
Additionally, sick leave may be used for the death of an employee's immediate
family member. Up to 40 hours may be authorized for such purposes, depending
upon the particular circumstances.
Supervisors may require an employee to provide documentation of an illness,
injury, treatment, or death for which the employee uses sick leave. Excessive
use of sick leave may be considered with respect to potential transfers, promotions,
and pay increases.
B. Maximum Accumulation. Employees may accumulate a maximum number of sick leave hours based on hire date and position. See Employee Benefits Book for detailed information. (Ord. O-2001-49 § 1, 2001).
4.06.080 Workers' compensation (applies to City Council also).
Employees injured on the job are entitled to workers' compensation benefits
provided by the Workers' Compensation Act. (Ord. O-2001-49 § 1, 2001).
4.06.090 Military leave.
Military leave may be granted to employees in accordance with applicable state
and federal laws. Refer to Administrative Regulation, "Military Leaves
of Absence." (Ord. O-2001-49 § 1, 2001).
4.06.100 Personal leave of absence.
A. Department Directors or their designee, in conjunction with the Department
of Employee Relations, may grant a personal leave of absence to a regular or
a provisional full-time or part-time employee who has been employed by the City
for at least 12 consecutive months. A request for a Personal Leave of Absence
must be submitted in writing to the Department Director and the Department of
Employee Relations and must describe the reason or reasons for which the employee
is requesting a leave. A Personal Leave of Absence may not exceed one year in
length. The City Manager may grant a Personal Leave of Absence to a Department
Director.
B. The City Manager or his/her designee may promulgate administrative procedures
regarding personal leaves of absence. See Administrative Regulation, "Personal
Leaves of Absence."
C. Temporary/seasonal employees shall not be eligible for a personal leave
of absence. (Ord. O-2001-49 § 1, 2001).
4. 06.110 Family and medical leave of absence.
The Administrative Regulation, "Family and Medical Leave Act," should
be reviewed for more specific information. (Ord. O-2001-49 § 1, 2001).
4.06.120 Non-job-related jury or court leave.
All employees, including temporary employees, shall be granted time off with
pay when performing jury duty during the employee's normal work hours. It is
intended that hours spent performing jury duty will count as hours worked. Any
payments, including travel reimbursements and parking reimbursements, may be
kept by the employee. In addition, an employee subpoenaed to appear before a
court, administrative agency, or other official entity as a witness shall be
granted time off with pay for that period of time necessary to the employee's
appearance. This provision shall not apply, and an employee shall not be entitled
to time off with pay, where the employee is a party to the proceedings, unless
the proceedings arise from actions taken by the employee within the course and
scope of his/her employment. (Ord. O-2001-49 § 1, 2001).
4.06.130 Holidays.
A. The City Manager or his/her designee is authorized to designate City holidays
for all employees.
B. Regular and provisional full-time and part-time employees receiving any
pay on the normal working days immediately prior to and immediately after the
holiday shall receive pay at their base rate for the entire holiday.
C. Designated Police Department personnel and other City employees who are
allowed or required to group their holidays shall receive eight hours off with
pay for each designated holiday. For purposes of usage, these hours may be grouped.
D. Official City holidays which fall on Sunday shall normally be observed on
the following Monday; those which fall on Saturday shall normally be observed
on the preceding Friday.
E. The City Manager or his/her designee may promulgate an Administrative Regulation, "Holiday Pay," to describe in further detail the usage of holidays and holiday pay. (Ord. O-2001-49 § 1, 2001).
4.06.140 Additional information.
For specifics on accrual amounts, maximum accumulations, conversions, payment
of leave time at termination, or any other information contained in Chapter
4.06, refer to the Employee Benefits Book, published on the City's intranet,
"COLOR." (Ord. O-2001-49 § 1, 2001).
4.06.150 Emergency response.
At times, employees will be required to participate in an emergency preparation
plan. This would normally include employees in essential positions; e.g., sworn
personnel, Police communications and records personnel. However, essential employees
are defined according to the type of emergency and the human resources needed.
The supervisor of the areas affected by the emergency will have the authority
for scheduling, deployment and overtime. See applicable Administrative Regulations,
"City Closing Policy," "Overtime and Compensatory Time,"
"On-Call, Call Back and Unscheduled Split Shift Compensation."
The City also has an emergency personnel and equipment resource pool, which
is a paid voluntary assignment. This resource pool is administered through Public
Works, Environmental Services, and governs personnel and equipment resources
to respond to a large-scale emergency in the City, if needed. Refer to Administrative
Regulation, "Emergency Personnel and Equipment Resource Pool."
4.06.160 Hours to vote.
Any employee registered to vote in a general election is entitled to absent
himself/herself from work for the purpose of voting on the day of the election
for a period of two hours between the time of opening and the time of closing
the polls (typically open between 7:00 a.m. and 7:00 p.m.), unless the employee's
hours of employment on the day of the election are such that there are three
or more hours between the time of opening and the time of closing the polls
during which the employee is not employed on the job. The employee would not
be required to use his/her leave time to complete the voting process and would
be paid his/her regular salary. The employee must request the time off to vote
prior to the day of the election. The supervisor may specify the hours during
which an eligible employee may leave the workplace to vote, but if it is more
practical for the employee to vote at the beginning or the end of the work shift,
they have the right to request that period of time. However, the supervisor
may then specify if the employee may leave at the beginning of his/her shift
or at the end of his/her shift.
4.06.170 Domestic violence leave.
The City permits employees who are victims of domestic abuse to take up to three
working days of leave in any 12-month period to seek a civil restraining order,
obtain medical care or counseling, make one's home secure or to seek legal assistance.
Employees will be required to use personal accrued leave time (sick, vacation,
etc.) if it is available; otherwise, the time will be unpaid. See the Employee
Benefits Book for further information.
4.06.180 Pay deductions.
The City of Lakewood makes a good-faith commitment to comply with the Fair Labor
Standards Act, and avoid improper deductions of hours/pay. Should an employee
believe there has been an improper deduction; he/she should notify the Department
of Employee Relations or the Department of Finance. The appropriate department
will take prompt action to reimburse the employee, if necessary, and to insure
further compliance.
4.06.190 Recording hours worked.
All non-exempt employees are required to record and submit all hours worked
in the actual pay period in which the hours are worked. All hours in excess
of forty (40) in a workweek, or for Police Agents, Sergeants and Court Marshals
only, for all hours recorded over eighty (80) in a two-week pay period, will
be considered overtime and must be accurately recorded as overtime or compensation
earned (compensatory time) on time sheets.
CHAPTER 4.07
EMPLOYEE SEPARATIONS**
The following chapter does not apply to the City Manager, Municipal Judges, City Council, or provisional employees.
Sections:
4.07.010 Reduction in force.
4.07.020 Resignation.
4.07.030 Transitional status and medical separations.
4.07.040 Retirement.
4.07.010 Reduction in force.
See Administrative Regulation, "Reduction in Force." (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.07.020 Resignation.
An employee resigning his or her position should submit a written resignation
to his or her supervisor at least two weeks prior to the effective date of such
resignation. Provided two weeks notice is given, an employee may request or
be directed to use accrued compensatory time during any or all of this period,
with approval of the supervisor, after consultation with the Department of Employee
Relations. The Department Director or his/her designee, after consultation with
the Department of Employee Relations, may place an employee on paid administrative
leave for any or all of the two-week period. Appropriate notification of the
resignation shall be sent to the Department of Employee Relations. (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.07.030 Transitional status and medical separations.
Employees who, owing to injury or illness, no longer can perform the essential
functions of their jobs may be considered for Transitional Status. Once placed
on Transitional Status, the employee's prognosis, treatment plan, and progress
toward Maximum Medical Improvement will be periodically monitored in order to
determine if and when the employee may return to work and whether the employee
requires assignment to Alternative Duty. As part of this process, the employee's
Transitional Status will be informally reviewed by the Department of Employee
Relations at 90-day intervals.
An employee placed on Transitional Status may be separated from employment at
any point if it is determined that he or she will not be able to perform the
essential functions of her or his job with or without reasonable accommodation
as long as employee has exhausted Family Medical Leave hours where applicable.
A separation under these circumstances will constitute a Medical Separation.
Medical Separations are not disciplinary in nature and do not fall within the
scope of the Disciplinary Procedure set forth in Section 4.20.040.
When the Department of Employee Relations has determined that a Medical Separation
may be necessary, it shall provide the employee written notice to that effect.
That notice shall set forth the Department's reasons for determining that a
Medical Separation may be necessary and shall advise the employee of a date
and time to meet with the Department and other persons designated by the Department
to review the employee's circumstances. This meeting shall constitute an informal,
pre-separation review and shall be conducted solely for the purpose of considering
the reasons that have led the Department to consider a Medical Separation.
At this informal review, the employee may respond, orally and in writing, to
the Department's reasons for considering a Medical Separation. Because this
review is intended to be informal in nature, the employee is not entitled to
be represented by legal counsel.
If, following this informal review, the Department of Employee Relations determines
that a Medical Separation is necessary, it shall advise the employee of its
determination in writing. At that time, the Department shall also provide the
employee written notice that, notwithstanding the fact that a Medical Separation
is not a Disciplinary Action, the employee is nevertheless entitled to appeal
the Department's determination in accordance with the procedure set out in Section
4.20.050, which describes the process of appealing a Disciplinary Action. The
time limits set forth in Sections 4.20.060 and 4.20.70 shall apply to the appeal
of a Medical Separation.
4.07.040 Retirement.
Retirement terms are governed by applicable City policies, administrative regulations,
state and federal law. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1,
1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.08
DUTY FITNESS EXAMS
The following chapter does not apply to Municipal Judges or City Council.
Section:
4.08.010 General.
4.08.010 General.
The City of Lakewood has an obligation to provide a reasonably safe work environment
to its employees. Where the City, in the exercise of its discretion, determines
that an employee may lack the ability to safely or reliably perform the essential
functions of his/her job, the City may, at its expense, require the employee
to be examined by a physician or other health-care provider selected by the
City. Non-routine evaluations may be required under the following circumstances:
A. Where a physical or mental condition appears to be adversely affecting an
employee's ability to do the job.
B. Where the employee's physical or mental condition may be adversely affected
by the requirements of the position. Refer to Administrative Regulation, "Duty
Fitness Examinations." (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.09
EMPLOYEE DEVELOPMENT
The following chapter applies to all employees except as otherwise specified herein.
Sections:
4.09.010 Policy.
4.09.020 Tuition assistance for employee development.
4.09.030 Meeting/training reimbursement.
4.09.010 Policy.
Consistent with the City policy, it shall be the responsibility of the Department
of Employee Relations, in conjunction with employee feedback, to determine City-wide
training needs. Under the direction of the City Manager or his/her designee,
the Department of Employee Relations will be responsible for organizing, coordinating,
and administering intra-City training programs; for advising and assisting departments
in the development, administration, and evaluation of departmental training
programs; for administering a tuition assistance program, if available; and
for evaluating the effectiveness of training efforts. (Ord. O-2001-49 §
1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.09.020 Tuition assistance for employee development.
Employees desiring to enroll in college courses for employee development may
be reimbursed for a portion of tuition costs provided all requirements are met
as set forth through the Administrative Regulation, "Tuition Assistance
Program," and federal law. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34
§ 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.09.030 Meeting/training reimbursement.
The City may pay or reimburse the full cost of attendance at business and professional
meetings/training sessions as approved by the Department Director or his/her
designee. Payment or reimbursement shall be in accordance with rules and regulations
promulgated by the City Manager or his/her designee. (Ord. O-2001-49 §
1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.10
PERFORMANCE EVALUATIONS****
The following chapter is not applicable to the City Manager, Municipal Judges, or City Council.
Section:
4.10.010 General.
4.10.010 General.
Each employee's performance shall be reviewed and evaluated on at least an annual
basis in a format developed by the Department of Employee Relations. Such performance
reviews are not subject to appeal or grievance. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.11
EMPLOYEE TRANSPORTATION
Sections:
4.11.010 Use of City-designated vehicles.
4.11.020 Accidents with City-designated vehicles.
4.11.030 Use of private vehicles.
4.11.040 Rental cars for business purposes.
4.11.050 Overnight use of City-designated vehicles.
4.11.060 Use of cellular phones.
4.11.010 Use of City-designated vehicles.
City-designated vehicles are to be used for authorized City business only, and
shall carry no passenger other than on or in connection with official business.
An employee authorized to drive a City vehicle must have a current and valid
operator's license with appropriate vehicle class designation, as well as a
good driving record. Employees operating City vehicles are required to observe
all traffic laws and City and departmental regulations. All occupants in City
vehicles are required to wear seatbelts. Should an employee be considered a
risk, lose his/her license, or not pass drug/alcohol testing, the use of City
vehicles may be denied and the employee may be disciplined, up to and including
termination. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord.
O-99-18 § 1, (part), 1999).
4.11.020 Accidents with City-designated vehicles.
If, while operating a City-designated vehicle, an employee is involved in an
accident resulting in any injury or damage to any property, the employee shall:
A. Make reasonable efforts, giving due consideration to personal safety, to
protect the scene until the local law enforcement agency arrives and releases
the vehicles. Wherever possible, vehicles should not be moved until released
by proper authorities.
B. Notify the local police department.
C. Prepare a vehicle accident report regardless of the degree of fault or damage
in a collision, and forward it through his/her supervisor to Risk Management,
Department of Employee Relations.
D. Refrain from discussing the accident with anyone outside the City, other
than the investigating police agency. All inquiries received by the employee
for information shall be directed to Risk Management, Department of Employee
Relations.
E. Report the accident to his or her Department Director or his/her designee,
no later than the next day. Refer to Administrative Regulation, "Report
of Accidents with City Vehicles."
F. Be tested for drugs/alcohol as required by City policy or the Department of Transportation. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.11.030 Use of private vehicles.
A. If an employee is required to use his/her personal car in the performance
of his/her duties, he/she shall be reimbursed by the City for the mileage driven
or receive car allowance at the rates specified by the City Manager or his/her
designee, in accordance with the Internal Revenue guidelines.
B. Each employee required to use his/her personal car in the performance of
his/her duties shall obtain and maintain automobile insurance in at least such
amounts as required by applicable state law.
C. If, while using a personal car or any other privately owned vehicle on City
business, the employee is involved in an accident, the employee shall be responsible
for any damage or injury to others to the extent permitted by law. Risk Management
must be notified within 48 hours that such an accident has occurred. The employee
is responsible for notifying his/her insurance agent and supervising the settlement
of the claim through his/her agent.
D. The City shall not be responsible for the following occurrences to privately
owned vehicles:
1. vehicle theft,
2. theft of other private property,
3. vandalism, and/or
4. any other damage to the vehicle.
E. If City property is lost or damaged while under transport in a private vehicle,
and the employee has exercised due care in such transport, the City may accept
liability for the damage or loss.
Risk Management must be notified within 48 hours whenever such damage or loss
has occurred. In the case of City property that is stolen or vandalized, a police
report must be made with the local police jurisdiction.
At times, employees' vehicles and/or equipment may be used for emergency responses.
Refer to Administrative Regulation, "Emergency Personnel and Equipment
Resource Pool," for additional information. (Ord. O-2001-49 § 1, 2001).
4.11.040 Rental cars for business purposes.
Each employee required to use a rental car in the performance of his/her job
duties should elect loss damage waiver (LDW) coverage in all cases and all states.
For further details, contact the Division of Risk Management. Requirements may
change depending on the state in which a rental car is being secured.
The City does not cover personal belongings at work and during travel.
4.11.050 Overnight use of City-designated vehicles.
The City Manager or his/her designee will determine which City employees will
be authorized to keep City vehicles in their possession overnight. Periodic
reviews and criteria for justification may be established in Administrative
Regulation, "Staff Transportation for Official City Business," as
promulgated by the City Manager or his/her designee. (Ord. O-2001-49 §
1, 2001).
4.11.060 Use of cellular phones.
Refer to Administrative Regulation, "Cellular Phone Use," which addresses
the use of cellular phones while operating a City vehicle or using a personal
cellular phone.
CHAPTER 4.12
EMPLOYEE POLITICAL ACTIVITIES
Sections:
4.12.010 Federal and state elections and campaigns.
4.12.020 Local elections and campaigns.
4.12.030 Solicitation of contributions for political parties or candidates.
4.12.010 Federal and state elections and campaigns.
Employees are free, on their own time and away from any office of the City,
to participate in all federal, state, county, and municipal campaigns and to
openly express their views and support for candidates. Employees shall refrain
from any political activities which give the appearance that they are endorsed
by the City or which interfere with the performance of their normal duties.
Any employee whose position is funded by a federal program and/or monies shall
be subject to the provisions of 5 United States Code, Section 1501, et seq.,
as amended, commonly known as the Hatch Act. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.12.020 Local elections and campaigns.
A. Candidates for Office. Any employee desiring to be a candidate for municipal
office in the City of Lakewood shall not campaign or conduct political activities
during working hours. Candidates who are elected to such office shall resign
from the employ of the City immediately upon election to municipal office.
B. Activities. Employees while on City time shall not publicly support or endorse
any candidates for municipal office in the City of Lakewood, shall not circulate
or cause to be circulated any nominating petitions for such office, shall not
distribute any campaign literature or advertising, nor display on City property
or premises any campaign literature or advertising on behalf of any candidate
for municipal office in the City of Lakewood. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.12.030 Solicitation of contributions for political parties or candidates.
Employees shall not be required to make any contribution to a political party,
to an elected official or to a candidate, and their refusal to do so shall not
be used to penalize them in any way. An employee, while on City time or in the
workplace, shall not make any solicitation of any such contributions from any
other person. (Ord. O-2001-49 § 1, 2001).
CHAPTER 4.13
PERSONNEL RECORDS
Sections:
4.13.010 General.
4.13.020 Retention and destruction.
4.13.030 Release of personnel information.
4.13.010 General.
The Department of Employee Relations may maintain information on each employee
pertinent to his/her employment with the City.
An employee shall ensure that all changes of name, address, emergency contact
information, and home telephone number have been provided to the Employee Relations
Department. Department Directors or their designee, shall report any change
in an employee's employment status to the Employee Relations Department. (Ord.
O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1,
(part), 1999).
4.13.020 Retention and destruction.
The Department of Employee Relations shall retain all personnel records, and
the Department of Finance will maintain all payroll records of City and past
City employees according to the direction of the State Archivist. (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.13.030 Release of personnel information.
A. During office hours, an employee, former employee, personal representative
of a deceased employee or a designated representative thereof, may examine the
employee's personnel file as permitted by law. Designation of a representative
shall be made by an original document, in writing and signed by the employee
or former employee, and filed with the Department of Employee Relations before
the representative may examine the employee's file
B. An employee's personnel files shall be available to all officials who supervise
or may supervise the work of that employee and to any employees assigned to
the Department of Employee Relations.
C. The Department of Employee Relations may verify to a prospective employer
of a present or former employee the dates of such individual's employment with
the City and the latest or last position title held and such other information
permitted by law to be released. Other information concerning an employee may
be released to prospective employers, collection agencies, credit bureaus, etc.,
when the employee has designated them as his/her representatives in accordance
with Section 4.13.030(A).
D. In the event of conflict between this Paragraph concerning the disclosure
of personnel information and the requirements of the Colorado Open Records Act,
Section 24-72-201, et seq., C.R.S., the provisions of the Colorado Open Records
Act shall prevail.
E. The City will maintain any medical information it collects or receives regarding
an employee separate from other personnel records regarding that employee and
shall protect that information from unauthorized disclosure as required by state
and federal law. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999;
Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.14
EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
Section:
4.14.010 Policy.
4.14.010 Policy.
It is the policy of the City of Lakewood to provide equal employment opportunities
to all persons without regard to race, color, creed, national origin, religion,
sex, sexual orientation, age, military service, veteran status, marital status
or disability. The City does not tolerate unlawful discrimination or harassment
of any kind.
The City promotes an atmosphere of respect and acceptance in all interactions
both internally and externally. The City recognizes that its citizens and employees
have varied backgrounds, experiences and differences and works hard to create
a culture of inclusion.
The City strives to reflect its community, while fostering the development and
advancement of qualified individuals.
The City will act promptly to investigate reported discrimination. Based on
its investigation, the City may take whatever action it deems appropriate, up
to and including termination, to effect an immediate remedy when an allegation
is determined to be valid.
Any employee who believes he or she has been the subject of discrimination should
report the alleged act immediately to his/her immediate supervisor or Department
Director or his/her designee, or the Department of Employee Relations. Refer
to Administrative Regulation, "Equal Employment Opportunity." (Ord.
O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § (part),
1999).
CHAPTER 4.15
HARASSMENT AND RELATED INAPPROPRIATE CONDUCT
Sections:
4.15.010 Policy.
4.15.020 Definitions of sexual harassment.
4.15.030 Harassment.
4.15.040 Workplace violence.
4.15.050 Reporting harassment.
4.15.010 Policy.
The City of Lakewood strongly disapproves of and does not tolerate unlawful
harassment of any kind. Any form of harassment that violates federal, state
or local law, or City policy, including, but not limited to, harassment related
to an individual's race, color, creed, religion, national origin, sex, sexual
orientation, age, military service, veteran status, marital status or disability
is a violation of this policy and is grounds for discipline, up to and including
termination. It is the responsibility of every employee to avoid offensive or
inappropriate behavior at work and to assure that the workplace is free from
harassment at all times. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.15.020 Definitions of sexual harassment.
For the purposes of this policy, the term sexual harassment refers to any unwelcome
sexual attention, sexual advances, requests for sexual favors and other verbal,
visual or physical conduct of a sexual nature when:
A. submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment; or
B. submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual; or
C. such conduct has the purpose or effect of unreasonably interfering with
an individual's work performance; or
D. such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.15.030 Harassment.
The City prohibits harassment against anyone, including applicants, employees,
and supervisors, based on that person's race, color, national origin, sex, sexual
orientation, religion, disability, age, military, veteran, or marital status.
"Harassment" means verbal or physical conduct that insults or shows
hostility toward an individual. It may include using epitaphs or slurs, acting
on negative stereotypes, making threats, engaging in intimidation or hostile
acts, making demeaning or hostile remarks, or engaging in demeaning or hostile
pranks, or posting or circulating hostile or demeaning materials. The City can
and will discipline employees who engage in harassment, up to and including
terminating those employees. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.15.040 Workplace violence.
The City has high standards for customer service. However, this does not mean
employees and volunteers of the City must accept or tolerate abusive and/or
potentially dangerous conduct in the course of delivering high-quality services.
Further, employees and volunteers should be free from a work environment that
includes threats of violence, intimidation and violent acts. All such conduct
is prohibited in the workplace. See Administrative Regulation, "Workplace
Violence."
4.15.050 Reporting harassment, sexual harassment and workplace violence.
The City of Lakewood will act promptly to investigate reported harassment. Based
on its investigation, the City may take whatever action it deems appropriate,
up to and including termination, and may effect an immediate remedy when an
allegation is determined to be valid.
Any employee who believes he or she has been the subject of unlawful harassment
should report the alleged act immediately to his/her immediate supervisor or
Department Director or his/her designee, or the Department of Employee Relations.
Refer to the Administrative Regulation, "Workplace Violence and Harassment."
(Ord. O-2001-49 § 1, 2001).
CHAPTER 4.16
MISCELLANEOUS RULES
Sections:
4.16.010 Outside employment.
4.16.020 Conflict of interest.
4.16.030 Safety program.
4.16.040 Drug- and alcohol-impairment-free workplace.
4.16.050 Life-threatening illnesses.
4.16.060 Privacy in the workplace.
4.16.010 Outside employment.
Employees shall notify their supervisor in writing before accepting employment
with a person or entity other than the City. The supervisor, in consultation
with the Department of Employee Relations, may prohibit such outside employment
to avoid a conflict of interest or the appearance of a conflict of interest
with any of the employee's responsibilities to the City. The supervisor may
also prohibit outside employment in the event that such outside employment affects
the employee's job performance or training period. (Ord. O-2001-49 § 1,
2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.16.020 Conflict of interest.
The City prohibits its employees from engaging in any activity, practice or
act which conflicts or is perceived to conflict with the interest of the City
or its citizens. Any situation that creates an actual conflict of interest or
the appearance of such a conflict must be carefully avoided. Refer to Administrative
Regulation, "Conflict of Interest." (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.16.030 Safety program.
The efficiency and effectiveness of the City is enhanced by a viable safety
program. All employees are expected to be aware of and follow safety requirements
as part of their jobs. The City Manager or his/her designee shall require the
Department of Employee Relations to coordinate safety matters with all departments
of the City. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord.
O-99-18 § 1, (part), 1999).
4.16.040 Drug- and alcohol-impairment-free workplace.
It is the City's intent to maintain a drug-free, healthful, safe and secure
work environment. Refer to Administrative Regulation, "Drug-Free Workplace
Program." (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999;
Ord. O-99-18 § 1, (part), 1999).
4.16.050 Life-threatening illnesses.
The City of Lakewood is committed to equal employment opportunities for all
applicants to, and employees of, the City. Individuals with life-threatening
illnesses are not to be considered different from any other employee of the
City of Lakewood. The City recognizes that its employees with a life-threatening
condition should be treated with compassion and understanding. Harassment or
discriminatory practices directed at employees with life-threatening illnesses
or other related conditions are not tolerated.
The City recognizes that most life-threatening illnesses do not pose a risk
of transmission of the condition to co-workers through ordinary workplace contact.
Some examples of these conditions include: Acquired Immune Deficiency Syndrome
(AIDS), or Human Immuno-deficiency Virus (HIV), heart disease, cancer, etc.
Communicable diseases generally are not considered a disability under the Americans
with Disabilities Act (ADA) or by the City of Lakewood. A reasonable accommodation
can be made to those employees who face a medically acknowledged risk of transmission
from an employee who has a communicable disease as long as doing so does not
cause undue hardship for the work team or the organization.
The City also recognizes the need for education on life-threatening illnesses.
Refer to Administrative Regulation, "Life-Threatening Illnesses."
(Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 §
1, (part), 1999).
4.16.060 Privacy in the workplace.
Employees are hereby notified that any property belonging to the City of Lakewood,
e.g., desks, lockers, files, computers, e-mail, voice-mail, are not private
and can be searched, without notice, at any time. The City reserves the right
to inspect any personal property an employee brings into a City building; any
property an employee uses on the job; and any property an employee is taking
off the job or out of the workplace.
PERSONNEL MERIT SYSTEM POLICIES
The following chapters under the Personnel Merit System Policies apply to all employees except the City Manager, Court Administrator, Municipal Judges, Department Directors, Division Managers, City Council, provisional employees, and temporary/seasonal employees, and all other employees otherwise specified herein.
CHAPTER 4.17
GENERAL PROVISIONS
Section:
4.17.010 Violation of policies.
4.17.010 Violation of policies.
Violation of any policy shall be grounds for disciplinary action, including,
but not limited to, reprimand, suspension, demotion or termination for non-exempt
employees. Exempt employees may be reprimanded, suspended in accordance with
applicable law, demoted or terminated. An employee who believes that he or she
has been unjustly disciplined may file an appeal in accordance with procedures
established within these policies. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34
§ 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.18
PROBATION
Section:
4.18.010 Probation.
4.18.010 Probation.
Every employee who is appointed into a regular full-time or regular part-time
position must serve a probationary period. Typically, the probationary period
will last a minimum of six months. Employees who have successfully occupied
a position may have the probationary period modified or waived upon approval
of the Director of Employee Relations. During the probationary period, goals
pertaining to the employee's performance and other job-related criteria should
be presented to the probationary employee, and periodic reviews should take
place. Employees not meeting the standards or goals established for the position
may be given additional probationary time, transferred, demoted or terminated.
A newly hired employee serving the initial probationary period with the City
is employed at the will of the City and may be terminated or demoted for any
reason or no reason, with or without notice, and without application of Chapter
4.20.
An employee promoted, transferred or demoted from a regular position to a new
position may be removed from the position and placed in a different position
for any reason or no reason, with or without notice, during the probationary
period, without application of Chapter 4.20, but any termination must be for
cause as outlined under definitions in Chapter 4.20.
While serving a probationary period, an employee may not apply for a transfer,
promotion or demotion. Exceptions to this prohibition may be made by the Director
of Employee Relations, in conjunction with the employee's current Department
Director or his/her designee. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 §
1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.19
TRANSFERS - PROMOTIONS - DEMOTIONS
Sections:
4.19.010 Transfers.
4.19.020 Promotions.
4.19.030 Demotions.
4.19.040 Temporary assignments/promotions.
4.19.010 Transfers.
A. Department Directors or their designee, upon consultation with the Director
of Employee Relations, may transfer an employee who possesses the necessary
qualifications to another position at the same pay level, or another assignment
at a similar pay level in a different occupational group within the same or
another department. Transfers can take place during reorganizations, involuntarily
or through the application of the employee, provided that the position is vacant;
and if the position is non-exempt, the position must be posted internally for
five working days. The provisions of Chapter 4.05 - Vacancies apply.
B. Employees currently serving a probationary period may not apply for a transfer
without the approval of the Department of Employee Relations upon the recommendation
of the employee's current Department Director or his/her designee.
C. An employee may be transferred to another department in their same position at the discretion of their Department Director or his/her designee. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.19.020 Promotions.
A. Promotions must involve a definite increase in duties and responsibilities,
conform to the performance-based pay principles, and shall not be made merely
to effect an increase in the employee's compensation. The Director of Employee
Relations shall have final authority with respect to approval of all promotions.
B. Movement by an employee from one occupational group to another may be considered
either a transfer or a promotion. A representative of the Department of Employee
Relations will determine whether it is a promotion or transfer using current
pay range information. As such, the employee shall receive compensation at an
appropriate place in the pay range based upon the recommendation of the Department
Director or his/her designee.
C. Employees currently serving a probationary period may not apply for promotion. This restriction does not apply to employees on promotion lists. Exceptions to this may be made by the Director of Employee Relations upon the recommendation of the Department Director or his/her designee. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.19.030 Demotions.
A Department Director or his/her designee, upon consultation with the Director
of Employee Relations, may demote an employee:
A. Who voluntarily requests a demotion into a vacant position and successfully
competes for the position, provided it is non-exempt;
B. As a result of a reduction in force or reorganization; or
C. For cause as set forth in Section 4.20.030.
An employee may not be demoted into a position for which he or she is unqualified
or cannot perform the essential functions. Demoted employees will be expected
to serve a probationary period, which will typically last for at least six months.
Employees not meeting the standards or goals may be given additional probationary
time or reassigned to a different classification (the provisions of Chapter
4.05 - Vacancies - apply). The probationary period may be waived by the employee's
new Department Director where the employee previously held the same position.
An employee demoted due to a reduction in force may apply for transfers during
his or her probationary period. An employee who receives or accepts a demotion
will be paid within the range assigned to the employee's new position. (Ord.
O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1,
(part), 1999).
4.19.040 Temporary assignments/promotions.
A. Temporary Promotion - an employee may be temporarily promoted by his or her
Department Director. A temporary promotion requires that the employee take on
100 percent of the duties and responsibilities of a higher-level position for
at least 30 days, but ending within a reasonable time frame. During the temporary
promotion, the employee will be paid within the range assigned to the higher-level
position.
B. Temporary Assignment with pay increase - an employee may be temporarily
assigned by his or her Department Director to take on a limited portion of the
duties and responsibilities of a higher-level position for at least 30 days,
but ending within a reasonable time frame. A temporarily assigned employee should
receive a pay increase to reflect his or her increased duties, but should not
be paid within the range assigned to a higher-level position
C. Temporary Assignment with pay decrease - an employee may be temporarily
assigned by his or her Department Director to take on all of the duties and
responsibilities of a lower-level position for at least 30 days, but ending
within a reasonable time frame. An employee temporarily assigned to a lower-level
position should be paid within the range assigned to the lower-level position.
D. All employees may occasionally be asked to "pitch in" during an
employee's absence or during a period of special need. (Ord. O-2001-49 §
1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.20
DISCIPLINARY ACTION AND APPEAL PROCEDURE
Sections:
4.20.010 Disciplinary action.
4.20.020 Definitions.
4.20.030 Forms of disciplinary action.
4.20.040 Disciplinary procedure.
4.20.050 Appeal of disciplinary action.
4.20.060 Time limits.
4.20.070 Modification of disciplinary action.
4.20.010 Disciplinary action.
The City of Lakewood is committed to providing a work environment that is productive,
safe, and professional. Inappropriate conduct is not tolerated. Disciplinary
action may be taken for unsatisfactory performance or unacceptable conduct.
Discipline need not be progressive, and the City may take any steps appropriate
for the circumstances. Medical separations are not considered disciplinary actions
and are not subject to the disciplinary action procedure; employees who are
medically separated are eligible to appeal a termination, demotion or separation
of more than two days. See Chapter 4.07.030. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.20.020 Definitions.
A. "Disciplinary authority" for the City of Lakewood shall be the
City Manager or his/her designee, Department Directors or their designee, Division
Managers and supervisors, within the limits of authority as herein set forth.
Department Directors or their designee, shall have the authority to terminate,
demote, suspend without pay, and reprimand. Division Managers shall have the
authority to suspend without pay, for up to two (2) working days and to reprimand.
Certain supervisors, upon approval by their Department Directors or their designee,
may suspend without pay, for one (1) day. Supervisors shall have the authority
to reprimand and to effect temporary and immediate administrative leave with
pay. Administrative leave is non-disciplinary in nature (see definition in Section
4.01.060 A).
B. "Disciplinary action" refers to action taken by the disciplinary
authority against an employee for cause, including reprimand, suspension, demotion,
or termination. Demotions or terminations necessary because of elimination of
any position or reduction in force shall not be deemed a disciplinary action,
and therefore the employee is not entitled to any appeal rights under Section
4.20.060 and 4.20.080. See applicable Administrative Regulations, "Conduct
of Appeals of Disciplinary Actions" and "Modification of Disciplinary
Action by City Manager."
C. "Cause" for disciplinary action includes, but is not limited to:
1. Unsatisfactory work performance, including a failure to demonstrate a reasonable
competence, failure to perform the duties of the position in a satisfactory
manner, or failure to demonstrate acceptable work conduct and behaviors.
2. Violation of work hours or attendance policies of the department, including
job abandonment. (Job abandonment results when an employee does not report for
work as scheduled and does not provide reasonable notice of absence before his/her
scheduled work shift.) See Administrative Regulation, "Unexcused Absences."
3. Failure or refusal to follow instructions given by a supervisor.
4. Physical or verbal altercations and related misconduct in the workplace,
including, but not limited to, intimidation and other non-verbal, harassing
behavior. See Administrative Regulation, "Workplace Violence and Harassment."
5. Entry of a plea of guilty or nolo contendere or entry into a deferred judgment
and sentence or conviction for a felony, a crime of moral turpitude, or any
other crime which involves the abuse of public office; or consistent with the
terms of Section 24-34-402.5, C.R.S., any other conduct outside the workplace
which interferes with the employee's ability to properly perform his/her duties
or which substantially prejudices the conduct of the City's business, including
conflicts of interest.
6. Violation of conflict of interest provision as set forth in Section 4.16.020.
See Administrative Regulation, "Conflict of Interest."
7. Falsification or material omission in the application process for employment,
or falsification or material omission of any City-related record and/or giving
false or misleading information either verbally or in writing.
8. Any conduct demonstrating dishonesty in the workplace.
9. Any theft, willful or negligent damage, waste, or unauthorized or improper
use of property or assets belonging to the City or to an employee of the City
or any other person. Any unauthorized or improper use of City services, software,
internet, phone mail, e-mail or equipment by the employee. Refer to Administrative
Regulations, "E-mail Systems Usage Policy" and "Internet Access
and Usage Policy."
10. Disclosing sensitive information that is confidential in nature.
11. Possession of, the use of, or being under the influence of alcohol or any
illegal or illegally consumed drugs when reporting for duty or while on duty.
(If an employee is taking medication that could affect their judgment or could
impair their ability to do the job, or do it safely, or make them appear as
if they are under the influence of drugs or alcohol, the employee needs to report
this to their supervisor by providing medical documentation.)
12. Any action or condition that poses a direct threat to the health or safety
of the employee or others, or to the property of the City or others.
13. Failure to maintain specified department physical or other fitness levels.
14. Conduct which violates any federal or state anti-discrimination law pertaining
to employment, including sexual harassment or harassment of any kind.
15. Refusal or neglect to work overtime, as directed, or to work a designated
shift or schedule, or to answer pagers or cell phones, or to maintain efficient
operation of pagers or cell phones.
16. Testing positive on a drug or alcohol test, regardless of when or how the
alcohol or drugs were consumed.
17. Violation of any of the provisions of the City policies, procedures, ordinances,
administrative regulations or any department rules.
18. Conduct which would prejudice the City's or the public's interest.
19. Any other unsatisfactory performance, any breach of confidentiality, or
unacceptable conduct which, in the opinion of management, warrants discipline
because it affects the employee's performance or the effective functioning of
other employees, or undermines public trust in the integrity of the City.
D. Administrative leave with pay may be effected by a disciplinary authority when there is need to remove the employee from the workplace promptly because of a possibility of violence, disruption of work, insubordination, damage to property or persons, or if any employee is under the apparent influence of intoxicants or drugs or for any other reason which requires prompt removal. Administrative leave with pay may also be effected in order to conduct a thorough investigation. Administrative leave shall be until such time as there is compliance with procedures established herein. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.20.030 Forms of disciplinary action.
A. Reprimand. A disciplinary authority may reprimand an employee orally or in
writing.
B. Suspension. A disciplinary authority may suspend an employee from employment
without pay.
C. Demotion. A disciplinary authority, upon consultation with the Director
of Employee Relations, may demote an employee.
D. Termination. A disciplinary authority, upon consultation with the Director
of Employee Relations, may terminate an employee.
Medical separations are not considered disciplinary in nature. (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.20.040 Disciplinary procedure.
A. Reprimand. A disciplinary authority may reprimand an employee orally or in
writing. Oral reprimands should be appropriately documented. For written reprimands,
a copy of the reprimand shall become a permanent record in the employee's personnel
file. The employee shall be provided a copy of any written reprimand and shall
be entitled to make a written response which shall also be kept in the employee's
personnel file.
B. Suspensions of Two Work Days or Less. A Supervisor, Division Manager or
Department Director or his/her designee, in consultation with a representative
from the Department of Employee Relations, may suspend an employee (exempt or
non-exempt) for two (2) work days or less. Prior to imposing the suspension,
the disciplinary authority shall meet with the employee to discuss the matter
and any proposed action. The employee will receive a written suspension notice
that will be signed by the employee and permanently placed in the employee's
personnel file. The employee shall be entitled to make a written response, which
shall also be permanently placed in the employee's personnel file. (The employee's
signature is an acknowledgement that the employee has received and read the
notice of suspension.)
C. Suspension of More Than Two Days, Demotion and Termination.
1. An employee who is charged with a crime may be placed on Administrative
Leave, with or without pay, suspended with or without pay, or terminated at
the discretion of the City. During the pendancy of criminal prosecution, the
City may delay the commencement of the disciplinary process through the suspension
period.
2. When an employee, by behavior or performance, evidences to the supervisor
or other disciplinary authority that disciplinary action of a suspension of
more than two days, a demotion, or termination may be required, the following
procedures shall be employed:
a. Within a reasonable time period of the event or of learning of the event,
the supervisor will prepare a memo titled, "Recommendation of Disciplinary
Action." This recommendation shall include a statement of the reasons therefore,
and may include a recommended action. The supervisor should submit the recommendation
up through the line of authority to the appropriate Department Director or his/her
designee. Recommendations for disciplinary action shall not be made a part of
the employee's personnel file and shall not be available to the employee.
b. Within a reasonable time period of receipt of the recommendation, or upon
his/her own initiative, the Department Director or his/her designee, shall conduct
whatever review he/she considers necessary and appropriate, in consultation
with the Director of Employee Relations. In the event he/she determines that
disciplinary action shall be appropriate, the Department Director or his/her
designee, shall notify the employee in writing that he/she is considering disciplinary
action and state the reasons therefore. This written memo titled, "Notice
of Consideration of Disciplinary Action," shall also advise the employee
of a time and place to meet with the Department Director or his/her designee,
in order to respond to the written notification and that the employee may submit
any written response as well.
c. Within a reasonable time period of the employee's receipt of the written notification, the Department Director or his/her designee, shall meet with the employee and review any written response submitted by the employee, and shall give consideration to the oral and/or written responses. The employee is not entitled to any representation, including legal counsel, at this meeting. At the Department Director's or his/her designee's discretion, supervisors may be present. Thereafter, and within a reasonable time period, the Department Director or his/her designee, shall determine what disciplinary action, if any, shall be taken. In the event disciplinary action is taken, the employee shall receive a memo titled, "Notice of Termination or Demotion or Suspension of More Than Two Days," including a statement of reasons therefore and the effective dates of the action. If the disciplinary action is termination, demotion or suspension of more than two days, the notice of disciplinary action shall advise the employee of his/her appeal rights. The disciplinary action shall be effective as of the stated effective date in the Notice of Disciplinary Action without regard to any subsequent appeal. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.20.050 Appeal of disciplinary action.
Persons terminated, demoted, suspended for more than two working days or medically
separated (see 4.07.030) shall be entitled to appeal. An appeal may only be
initiated by filing written notification with the Director of Employee Relations
within ten (10) calendar days of receiving written notification of the disciplinary
action.
A. The Director of Employee Relations shall maintain a list of impartial and
qualified hearing officers. Upon receipt of any notice of appeal of disciplinary
action, the Director of Employee Relations shall provide the employee with this
list and the employee shall select a hearing officer, based on availability.
If the employee does not select a hearing officer from this list within seven
(7) calendar days after receiving the list, the City shall select a hearing
officer.
B. The hearing officer shall conduct a hearing. There shall be an Administrative
Regulation, "Conduct of Appeals of Disciplinary Actions," which provides
for notice, procedures to be employed during the hearing and the right of the
appellant to be represented by any person of his/her choice willing to serve,
including an attorney at law. The City may be represented by any person of its
choice, including the City Attorney or his/her designee. The City shall also
have present the Director of Employee Relations and/or his/her designee. The
hearing officer shall be responsible for the conduct of the hearing, including
application of procedure as established by ordinance and administrative regulation,
as noted above.
The hearing officer shall schedule the date and time for the hearing within
a reasonable time period, and the hearing shall be held at a location designated
by the City of Lakewood. The hearing officer may issue, or cause to be issued,
subpoenas for the attendance of witnesses and for the production of books, records,
documents and other evidence and shall have the power to administer oaths. Subpoenas
so issued shall be served, and upon application to the District Court of Jefferson
County by a party or the hearing officer, enforced in a manner provided by law
for the service and enforcement of subpoenas in civil actions. No party shall
be entitled to subpoena any evidence not admissible at the hearing. The hearing
officer has no authority to order the taking of any depositions, responses to
interrogatories, responses to requests for production of documents or the physical
or mental examination of any persons. The hearing officer shall endeavor to
render his/her decision within thirty (30) calendar days after the hearing is
completed, unless good cause exists for additional time. The hearing officer's
sole purpose is to determine whether or not cause for any disciplinary action
existed. The hearing officer has no authority to modify any disciplinary action
taken. Hearings conducted under the provisions of these policies are not open
to the public.
The hearing officer shall consider the evidence and shall make findings of fact
and conclusions in writing, stating whether there was or was not cause. The
findings of fact and conclusions shall be transmitted to the City Manager or
his/her designee, the appellant or his/her representative, the representative
of the City, and the Director of Employee Relations.
C. The City Manager or his/her designee, may accept, reject or modify the findings of fact and conclusions. Prior to any decision, the City Manager or his/her designee shall review the findings of fact and conclusions and may make such other review of the record as necessary. In addition, the City Manager or his/her designee, in his/her discretion, may conduct a hearing de novo or may conduct a hearing supplemental to that conducted by the hearing officer limited to such matters as he/she deems necessary. Administrative Regulation, "Modification of Disciplinary Action by City Manager," shall provide for notice, procedures to be employed during any hearing and the right of any employee to be represented by any person of his/her choice, including an attorney at law or his/her designee. The City may be represented by any person of its choice, including the City Attorney or his/her designee. The City Manager or his/her designee shall conduct the review and any hearing and render a decision. The City Manager or his/her designee shall notify the person appealing, the Department Director or his/her designee, of the person appealing, and the Director of Employee Relations of his/her decision and shall order whatever action is necessary, if any, to be taken to implement his/her decision. The City Manager or his/her designee may modify the disciplinary action taken in any instance where cause is found. For the sole purpose of determining whether to modify the disciplinary action taken, the City Manager or his/her designee may consider any information from any reliable source, including appellant, and need not conduct any hearing. If requested, the City Manager or his/her designee shall review any reasons that the appellant provides in writing for any modifications of the disciplinary action. This request for modification of disciplinary action must be submitted directly to the City Manager or his/her designee within ten (10) calendar days from the date of notification of the hearing officer's findings. The City Manager or his/her designee shall render a final decision in writing accepting, rejecting or modifying the findings of fact and conclusions of the hearing officer and stating any modification of the disciplinary action. He/she shall order whatever action is necessary, if any, to implement his/her decision and shall notify the appellant, the Department Director or his/her designee, and the Director of Employee Relations accordingly. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.20.060 Time limits.
With the exception of the requirement that an appeal of disciplinary action
and modification of disciplinary action shall be filed within ten (10) calendar
days of receipt of written notification, the failure to meet any of the time
limits contained in the disciplinary procedures in Chapter 4.20 shall not invalidate
the process or any action taken. (Ord. O-2001-49 § 1, 2001).
4.20.070 Modification of disciplinary action.
The City Manager or his/her designee may modify the disciplinary action taken
in any instance where cause is found for disciplinary action as promulgated
by Administrative Regulation, "Modification of Disciplinary Action by City
Manager." The City Manager or his/her designee may also modify the decision
to medically separate or modify the demotion of an employee who can no longer
perform the essential functions of their position. In determining whether to
modify disciplinary action taken, the City Manager or his/her designee may consider
any information from any reliable source, including the appellant, and need
not conduct any hearing. If requested, the City Manager or his/her designee
may consider changing the level of discipline through written notification from
the appellant. This written notification should include reasons why the level
of disciplinary action taken should be considered for modification, including,
any discipline imposed upon others; his/her own work and discipline record;
and any other mitigating circumstances. This request for modification of disciplinary
action must be submitted directly to the City Manager or his/her designee within
ten (10) calendar days from the date of notification of the hearing officer's
findings. This request is not for the purpose of further reviewing whether there
was "cause" for disciplinary action. (Ord. O-2001-49 § 1, 2001).
CHAPTER 4.21
GRIEVANCE PROCEDURES
Sections:
4.21.010 Statement of policy.
4.21.020 Problem solving.
4.21.010 Statement of policy.
The City of Lakewood is interested in the establishment of good employee relations
practices and the promotion of sound human resources management. Circumstances
may arise, apart from disciplinary actions, which cause employee dissatisfaction.
Therefore, the following grievance procedures are established whereby employees
are entitled to present their complaints without fear of reprisal. All non-exempt
regular full-time and regular part-time employees may utilize the grievance
procedures.
A. Whenever an employee believes that an aspect of his/her work environment,
other than a disciplinary action, general City policy or procedure, performance
review, or the establishment of classification, pay and benefits, has developed
which is adversely affecting his/her work, the employee may file a grievance.
Any grievance shall be processed in the following manner:
1. Within five (5) working days of the matter causing the dissatisfaction,
an employee must present the appropriate supervisor with a memorandum describing
his/her grievance, stating the facts and the desired action.
2. The Department Director or his/her designee will immediately notify the
Director of Employee Relations concerning the filing of a grievance.
3. If the matter is not resolved within a reasonable time period, the supervisor
must respond to the employee in writing explaining the position taken by the
supervisor.
4. If the employee is dissatisfied with the supervisor's explanation, the employee,
within five (5) working days of receipt of the supervisor's written response,
may appeal the decision to the Department Director or his/her designee. The
appeal must be in writing and indicate the employee's reasons for differing
with his/her supervisor's decision.
5. The Department Director or his/her designee will meet with the employee
and the employee's supervisor to discuss the grievance. If the grievance is
not settled through discussion, the Department Director or his/her designee
must communicate his/her decision in writing. The decision of the Department
Director or his/her designee is final. The Department Director or his/her designee
may contact the Department of Employee Relations for assistance in the resolution.
6. The Department Director or his/her designee will notify the Director of
Employee Relations concerning the action taken.
7. This grievance procedure is an internal process and does not involve or
allow any outside representation, including attorneys at law.
8. Any employees not covered by the grievance procedures described above are encouraged to work directly with their immediate supervisor to resolve any work-related concerns. Employees may also contact a representative in the Employee Relations Department to review work-related concerns or problems. (Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.21.020 Problem solving.
The City of Lakewood encourages exempt employees to work directly with their
immediate supervisor to resolve any work-related concerns. Employees may also
contact a representative in the Department of Employee Relations to review work-related
concerns.
Provisional, temporary part-time and seasonal employees are not covered by the
above grievance policy and are encouraged to make use of problem solving.
POLICIES APPLICABLE TO EXECUTIVES
CHAPTER 4.22
REMOVAL OR SUSPENSION
Sections:
4.22.010 At-will employment.
4.22.020 Severance agreements.
4.22.030 Suspension without pay of Department Directors /Executive personnel.
4.22.010 At-will mployment.
Executive personnel (employees who occupy positions in the Executive Occupational
Group) are employed at the will of the City and may be terminated, demoted,
placed on administrative leave, or suspended without pay for any reason or no
reason, with or without notice, and/or may leave at any point. The discretion
to remove Executive personnel is vested in the City Manager or his/her designee.
(Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 §
1, (part), 1999).
4.22.020 Severance agreements.
As a matter of policy, the City Manager or his/her designee may enter into a
severance agreement with Department Directors. A Department Director may enter
into a severance agreement with a Division Manager. Such policies or procedures
as are necessary for the utilization of severance agreements will be promulgated
by the City Manager or his/her designee. Severance agreements will not exceed
three (3) months in length without approval of the City Manager or his/her designee.
(Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 §
1, (part), 1999).
4.22.030 Suspension without pay of Department Directors /Executive personnel.
The City Manager or his/her designee may suspend Department Directors in accordance
with applicable law. Other exempt executive employees may be suspended without
pay only in accordance with applicable law. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.23
GENERAL PROVISIONS
Sections:
4.23.010 Travel insurance.
4.23.020 Relocation benefits.
4.23.030 Deferred compensation annuity program.
4.23.010 Travel insurance.
The City may pay the premium cost of a life insurance policy for accidental
death for Executive personnel engaged in travel on City business. The City shall
be the owner of such policy, and those covered shall designate the beneficiary
or beneficiaries under such policy. Notwithstanding the provisions of this paragraph,
the terms, conditions, and effective date of such insurance policy shall be
subject to approval by the City Manager or his/her designee. (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.23.020 Relocation benefits.
The City Manager or his/her designee is authorized to pay temporary relocation
benefits to any Executive personnel, Department Directors and Division Managers
relocating to the City of Lakewood subject to the requirements hereinafter set
forth. Such benefits shall be limited to reimbursement for temporary relocation
expenses for housing. The amount, the method, the form and the reasons for such
payments shall be set forth in a memorandum executed by the employee and the
City Manager or his/her designee. The City Manager or his/her designee is authorized
to reimburse any Executive employee for all or any portion of the actual expenses
incurred in relocating personal and household belongings to the City. (Ord.
O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1,
(part), 1999).
4.23.030 Deferred compensation annuity program.
The City may commence a deferred compensation annuity program for Department
Directors provided, however, that nothing in this Paragraph shall amend or abrogate
any other ordinance of the City relating to a separate deferred compensation
plan for any City employee. The City Manager or his/her designee may approve
a program to contribute to the plan for Department Directors, not to exceed
the limits imposed by IRS regulations. (Ord. O-2001-49 § 1, 2001; Ord.
O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
CHAPTER 4.24
SALARIES
Sections:
4.24.010 Annual salary of City Manager.
4.24.020 Salary of elected officials.
4.24.010 Annual salary of City Manager.
The annual salary of the City Manager shall be established by contract between
the City Council and the City Manager, which may be revised from time to time
by City Council resolution. The salary shall be paid in accordance with the
current payroll procedure for other positions. (Ord. O-2001-49 § 1, 2001;
Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.24.020 Salary of elected officials.
A. Commencing with the new term of office resulting from the regular election
held on November 4, 1997, the compensation for the City Council members shall
be an annual compensation of Nine Thousand One Hundred Twenty-six and No/100
Dollars ($9,126.00).
B. Commencing with the new term or office resulting from the regular election
held on November 3, 1999, the compensation for the Mayor shall be an annual
compensation of Twenty-four Thousand and No/100 Dollars ($24,000.00).
C. The compensation shall be divided into as equal as possible payments and
paid in accordance with the current payroll procedure for other positions.
D. During the month of November in the year preceding the year in which each
mayoral election is conducted, the City Council shall review the compensation
provided for the Mayor and City Council to determine whether said compensation
should be adjusted. Any such adjustment shall be established by ordinance and
take effect pursuant to the Lakewood Home Rule Charter. (Ord. O-2001-49 §
1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
POLICIES APPLICABLE TO TEMPORARY/SEASONAL EMPLOYEES
CHAPTER 4.25
GENERAL PROVISIONS
Sections:
4.25.010 Pay plan.
4.25.020 Benefits.
4.25.030 Change of status.
4.25.040 Miscellaneous policies.
4.25.010 Pay plan.
Subject to approval by the City Manager or his/her designee, persons may be
employed by the City in any department on a temporary/seasonal basis, at prevailing
rates of pay as set forth in the City of Lakewood pay plan. Refer to Administrative
Regulation, "Temporary Part-time and Seasonal Pay Plan." (Ord. O-2001-49
§ 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part),
1999).
4.25.020 Benefits.
Notwithstanding other provisions of this Chapter, temporary/seasonal employees
shall not be eligible to receive any benefits such as vacation, sick leave,
holidays, group life insurance, disability income insurance, and medical insurance.
Some provisions of military leave apply to temporary/seasonal employees. Refer
to Administrative Regulation, "Military Leaves of Absence," for specific
information.(Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord.
O-99-18 § 1, (part), 1999).
4.25.030 Change of status.
In the event any temporary/seasonal employee shall be appointed to a regular
or provisional position, the date of such appointment shall constitute the employee's
date of hire for purposes of tenure and seniority. (Ord. O-2001-49 § 1,
2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.25.040 Miscellaneous policies.
The following paragraphs contained in the General Policies also apply to temporary/seasonal
employees: Equal Employment Opportunity Policy Statement, Duty Fitness, Employee
Development, Overtime, Family and Medical Leave as required by law, Workers'
Compensation and limited injury leave, Non-Job-Related Jury or Court Leave,
Use of City-Designated Vehicles, Accidents with City-Designated Vehicles, Use
of Private Vehicles, Overnight Use of City-Designated Vehicles, Federal and
State Elections and Campaigns, Solicitation of Contributions for Political Parties
or Candidates, General (Personnel Records), Retention and Destruction, Release
of Personnel Information, Harassment and Related Inappropriate Conduct, Life-Threatening
Illnesses, Employee Problem Solving, Conflict of Interest, Safety Program, Drug
and Alcohol Impairment Free Workplace, and such other programs and policies
as are designated by applicable law or provision. (Ord. O-2001-49 § 1,
2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
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