|
|
|
 |
The following chapters under general policies do not apply to temporary/seasonal employees or as otherwise specified herein.
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 and 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 or provided by ordinance or statute or the City charter. Unless provided otherwise, the authority and responsibility vested in the City Manager by the terms of the City Charter are vested in the Presiding Municipal Judge with respect to the Municipal Court. 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. The authorities and responsibilities vested in the City Manager are vested in the City Attorney with respect to the City Attorney’s Office. The Director of Employee Relations shall serve as an advisor to the Municipal Court and City Attorney’s Office in matters involving the Personnel Merit System.
Any policy giving decision-making authority to the City Manager, Presiding Municipal Judge, City Attorney, department director, division manager, or other supervisor allows for a designee to act on that person’s behalf in his/her absence. “Administrative Regulations” and the “Employee Benefits Book,” which contain further information about policies in this manual, are updated regularly on COLOR, the City of Lakewood’s employee intranet. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; 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 relevant judicial decisions and rules of court.
The Personnel Policies are subordinate to relevant judicial decisions and officially adopted rules of court, which shall take precedence in the event of a conflict or inconsistency with the Personnel Policies. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; 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 administration of the City of Lakewood may manage the City’s business using its best judgment and following 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 skill, ability, efficiency, and qualifications of all employees, and otherwise evaluate employee performance;
D. Determine and change any conditions of employment, including, but not limited to, the starting and ending 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, benefit plans, and classifications;
F. Establish compensation plans and programs;
G. Maintain control and regulate the use of City property and equipment;
H. Reduce or expand the operation of the City or its departments;
I. Determine the number, size, location, and operation of facilities and departments, groups, or divisions;
J. Determine City services and subcontract for them as required;
K. Determine work assignments and the size and composition of the work force;
L. Make, change, and enforce rules, policies, guidelines and practices;
M. Establish quality standards; and
N. Introduce technological changes and new, improved, or modified services, methods, techniques, and equipment; manage operations; and direct and supervise the work force. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; 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.
The City Manager may from time to time propose Personnel Policy amendments to the City Council. Amendments shall become effective when adopted by the City Council or on an effective date designated by the City Council. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; 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 may change written administrative procedures, rules, or regulations according to these policies. Changes shall take effect on the dates specified by the City Manager after each department director receives a copy. Copies of changes and of these policies shall be maintained in each division and in the Employee Relations Department. The Personnel Policies shall be public records available for inspection by the public during normal business hours. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.01. 060 Definitions.
As used in these Personnel Policies, the following terms shall have the following meanings:
Administrative Leave: Time off with or without pay, granted at the discretion of a supervisor in consultation with the Department of Employee Relations. Administrative leave without pay, or significant leave of any kind, must be approved through the Department of Employee Relations.
Alternative Duty: A temporary adjustment to an employee’s job duties incorporating physician-ordered medical restrictions. Alternative Duty may include temporary assignment to a different position and/or temporary limitations on the number of hours worked.
Appeal: The employee’s formal challenge to a disciplinary action.
Applicant: A person who has filed an application for employment, submitted a résumé, or filed a promotional consideration form for an open job.
Appointment: The placing of a person in a regular full-time, regular part-time, provisional full-time, provisional part-time, temporary, or seasonal position.
Classification: 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.
Compensation: Pay, wage, allowance, and all other forms of valuable consideration an employee earns for services to the City.
Compensatory Time: Time off accrued by an eligible non-exempt employee as compensation in lieu of paid overtime. Also known as “comp time,” compensatory time is accrued at a rate of time and one-half of the overtime hours worked.
Contractor or Independent Contractor: An individual who performs work for the City, but is not a City employee. Contractors must meet classification criteria governed by federal agencies, including the Internal Revenue Service, the federal and state Departments of Labor, and the Division of Workers’ Compensation and Unemployment. An independent contractor must also meet the criteria as set forth in Section 4.03.060.
Demotion: An employee moving from one pay level to a lower pay level. This can be a temporary, involuntary, or voluntary assignment.
Department Director: The head of a distinct department. Except for the City Attorney, department directors report directly to the City Manager or Presiding Municipal Judge.
Disciplinary Action: Action taken by the Disciplinary Authority against an employee for cause, which may include reprimand, suspension, demotion, or termination.
Disciplinary Authority: The City Manager, a department director, a division manager, or a supervisor, within limits of authority.
Employee Development: Instruction designed to maintain or increase the proficiency, qualifications, knowledge, skills, and abilities of City employees.
Exempt: An employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Exempt employees receive a salary rather than an hourly wage.
Family and Medical Leave: An unpaid leave of absence available to eligible employees that complies with and affords employees the protections of the Family and Medical Leave Act (FMLA).
Full-Time Employee: An employee who works a minimum of 37 average hours in a workweek through a one-year period.
Grievance: A formal complaint initiated by eligible employees about the work environment.
Hostile Work Environment: Unwelcome, unreasonably offensive, severe, or pervasive attacks on someone’s protected status occurring in any place business activities are conducted. It is not a hostile work environment for a supervisor to create legal, ethical expectations or position changes.
Immediate Family: This definition is part of Administrative Regulation, “Sick Leave.”
Journey Step: The maximum pay step of the Police Agents’ pay level.
Market Data: Wage and pay data obtained from a variety of relevant markets, including the public and private sector.
Maximum Medical Improvement (MMI): A point at which a physical or mental impairment has stabilized and 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 over time, shall not affect a finding of MMI.
Medical Separation: A separation from employment based upon the determination that, owing to illness or injury, an employee cannot perform the essential functions of his/her job with or without reasonable accommodation. A Medical separation is not disciplinary in nature, so appeal rights do not apply.
Non-exempt: An employee who is subject to the overtime provisions of the Fair Labor Standards Act (FLSA). Non-exempt employees are paid an hourly wage.
Overtime: Authorized recorded time of non-exempt employees in excess of 40 hours per week (or 80 hours in a two-week pay period for police agents, police sergeants, and court marshals). City administrative regulations and the Fair Labor Standards Act offer certain exceptions to overtime.
Part-Time Employee: An employee who is paid an hourly wage and normally works an average of 20-36 hours per week through a one-year period.
Pay Level: The establishment of a pay range for positions with comparable market data, competency, and authority. For police agents, the pay level is a series of pay steps.
Performance Review and Development System (PRD): A method for documenting, evaluating, and managing employee performance.
Personal Leave of Absence: A period from 30 days to one year in which an employee is temporarily away from his/her job for authorized personal reasons and is using accrued leave other than sick leave.
Personnel Register: A five-day minimum posting to City employees outlining the essential functions, requirements, and details of a vacant position.
Position: A specific job in the City within a classification, occupational group, and pay level. These positions can be regular or provisional (authorized in the budget), or temporary/seasonal.
Probationary Employee: An employee hired, promoted, transferred, or demoted, serving a probationary period. A probationary employee is at will only during his/her initial probationary period.
Probationary Period: The six- to twelve-month time 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. Police agents serve a two-year probationary period.
Promotion: The movement of an employee from one pay level to a level with higher pay and increased responsibility. This can be a temporary, permanent, voluntary, or involuntary assignment.
Promotional List: A list of candidates eligible for a promotion. This list expires after a certain period of time, depending on department standards.
Provisional Employee: A full- or part-time employee hired for a period of less than two years who receives benefits (except pension contributions), but is not entitled to all rights and privileges afforded a regular employee.
Reclassification: A newly assigned classification of a position based on a study of various criteria pertaining to the position.
Reduction in Force: Non-disciplinary termination of an employee from a position because of a reorganization; completion or alterations of required programs, projects, or services; changes in methodology by which the service is provided; reductions in service levels; budgetary or related economic restraints, restrictions, or decisions; or other situations. Also known as RIF.
Regular Employee: An employee who has been assigned to a full- or part-time position in the City, receives benefits (including pension contributions), and is afforded the rights and privileges described in the Personnel Policies.
Resignation: A voluntary separation from employment.
Retirement: Separation from the City by an employee who meets specific criteria outlined in the Employee Benefits Book.
Seasonal Employee: A full- or part-time hourly employee hired for a designated period, generally less than nine months. Seasonal employees are entitled to limited benefits and privileges.
Seniority: The total number of months of service since the last date of appointment to the employee’s current regular position. With the authorization of the Director of Employee Relations, seniority may be reinstated to an earlier date. Seniority will be represented by the date reflected in the “date in current job” field in the Human Resources Information System (HRIS).
Special Review: A set time period after an employee’s overall performance is rated “Needs Improvement” or “Unacceptable.” This is a tool to improve and/or develop an employee’s performance. If performance does not improve, the employee may be terminated.
Step or Pay Step: The pay allocation within the police agents’ pay level.
Suspension: A period during which an employee is prohibited from reporting to work. A suspension may be imposed with or without pay and may be used during a pending criminal prosecution or any other circumstances in which an appropriate disciplinary authority determines it is warranted. The City may delay disciplinary action through the suspension period.
Temporary Employee: An employee who has not been assigned to a regular or provisional position and whose work schedule is generally part-time. Temporary employees are entitled to limited benefits and privileges.
Tenure: The total number of consecutive months of service to the City as of the most recent date of hire to a regular or provisional position, regardless of department or classification. Tenure will be represented by the date reflected in the “date started” field in the Human Resources Information System (HRIS).
Termination: Involuntary separation from employment.
Transfer: The movement of any City employee from one position to another with the same or similar pay level and degree of responsibility, and/or from one department/division to another department/division. This may be a temporary assignment.
Transitional Status: The temporary employment status assigned to an employee after 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 may need to work an alternative schedule or reduced-hour schedule. An employee placed on transitional status may be offered alternative duty. Transitional status may result in medical separation if an employee is ultimately unable to perform the essential functions of his/her job, with or without reasonable accommodation, in accordance with Section 4.07.030.Work Environment: Any work area on or off City property where City business is conducted. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
 |
||
Americans with Disability Act (ADA) Notice |
||
