Resolution No. 99-07 ® = CITY°:is'l iGARD,OREGON
RESOLUTION NO.99-OK7
A RESOLUTION AMENDING THE PERSONNEL POLIO LS FOR MANAGEMENT,SUPERVISORY
® AND CGIN IDE—NITIAL MMPLOYEES ADDING ARTICLES 1,5,17,18 AND 19
'WHE e S the rite,Council of Tigard,Oregon adopted the revised and updated Personnel Policies for
® v _d^:,_aa _<•_r Ea;^I^*�A�at Lhe r N^vPmisfarq; i y9ii meeting exec ui5
iviivad,caucray uujy6ivZSC+iy aaa aeia:acaaueu y Employee, _ p 5
Articles 1 and 5 which were held over for further discussion and adoption;
WHEREAS,the City Council discussed these Articles at their January 19, 1999 meeting along with the
inclusion of a new article regarding discipline and discharge;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that Article 1,Article 5,and Articles
17,18 and 19 as referenced in Exhibit A,should be adopted and included in the updated Personnel Policies
for Management,Supervisory and Confidential Employees.
PASSED: This _ day of ! 999.
yor-City of Ti
y ATTEST:
d
"4 2 h e U•!i e_
City Recorder-City of Tigard
5
iAdW—ide\t I.Ldot
RESOLUTION NO.99-07
Page 1
4
EXHIBIT A
Articles 1,5, 17, 18,and 19
Management,Supervisory and Confidential Employees
Personnel Policies
j
PERSONNEL POLICIES—Management
No. i.0
PURPOSE:
These policies are specifically applicable to the Management,Supervisory and
gConfidential Group employees of the City of Tigard,and shall be utilized as a
�n supplement to the City's general Personnel Policies.These policies are
appiicabie to those job classifications identified in the Management,Supervisory
and Confidential Group pay plan.
The City reserves the right to change any of these policies and procedures at any
time.Although it is the City's policy not to terminate the employment relationship
with the City unless it has just cause to do so,these policies and procedures do
not and are not intended to constitute a contract of employment or a promise or
guarantee of specific treatment in spPCifC sitiia Ions,
AUTHORITY AND RESPONSIBILITY:
The Mayor and the City Council shall have the authority over all matters of
personnel administration through adoption and implementation of the City
budget, pay plans,collective bargaining agreements, ordinances and resolutions
adopting and/or amending the personnel rules and regulations.
The City Manager may interpret the language of the rules and regulations in any
case where interpretation is in question, and may specifically delegate the
authority for the enforcement of these rules and regulations.
The City Manager shall be responsible for ensuring the effective implementation
of these rules and regulations and may further establish,amend or otherwise
modify these rules and regulations pursuant to City Council policies.The City
Manager shall advise the City Council on any changes concerning these rules
and regulations.
i
i
1
® PERSONNEL POLICIES
No. 5.0
PROBATIONARY PERIOD
Except ac c thee. iso PT—. _•i.+_a sbn-IM a,-;Ppk—abie agreement,
newly hired or promoted employees shall serve a six(6)month probationary period.
During this probationary period of employment employees may be dismissed without
c2 Ilse by the CI-, Man–ager 3r by the employee's J___s�__ .
..� ..� .,.y... � - :iip.vpcc a ticiJal ll llcllt director with the approval
of the City Manager. Notice of dismissal during the probationary period shall be in
wr;ting and shall state the effective date of the dismissal. If,in the opinion of the
department director a longer probationary period is necessary to evaluate the
employee's performance, the probationary period may be extended by the department
dirPrttnr fnr a maximi—of throe-141 months
All employees being promoted or transferred will be subject to a six(6)month
probationary period.
i
i
i
sof
0
LE
PERSONNEL POLICIES—Management
No. 17.0
D.ISC!PLINF—
DizidpNne
alh.
C
On-the-job conduct of City employees affects the ability of the City to serve its I
citizens and affects the taxpayer's impression of City government. Employee I!
safety, productivity and morale are dependent upon employee conduct.
Occasionally it is necessary for supervisors to resort to corrective action when
other actions are inappropriate, or where a particular employee fails to respond
to informal guidance.
In order to provide a fair method of correcting,and when necessary,disciplining
employees, the City will use progressive discipline procedures and the following
guidelines for all exempt employees other than department heads,whose
performance and conduct issues shall be addressed in accordance with the
applicable employment agreement.
Discipline—General Guidelines
A. Discipline may be initiated for many proper reasons, including but not
limited to,violations of the work rules,insubordination or poor job
performance.The severity of the action generally depends on the nature
of the offense and an employee's work record,and may range from verbal
counseling to discharge.
B. Progressive discipline for infractions include:
1) verbal counseling
2) written counseling or warning
3) temporary reduction in pay in lieu of suspension
G 4) suspension
5) demotion,and
6) dismissal
Any or all of these steps may ay be utilized,depending upon individual
circumstances and the nature of the infraction. Exceptions or deviations
h from the normal procedure may occur whenever the City deems it
appropriate,case by case.
. I
Application of Progressive Discipline
A. For performance deficiencies,employees will normally be verbally counseled
once before receiving a written warring.A supervisor may or may not choose
to make the imposition of w verbal warning part of the employee's personnel
file.
If no other deficiency occurs during the next twenty-four r24)moths,the
employee may request the warning be removed from the personnel file.The
City reserves ultimate discretion as to whether the warning will be removed
from an individual's personnel file. Documents removed from individual
personnel riles will be retained by the City in a separate record system not
filed or indexed by name which shall not be considered in personnel
decisions.
B. In the event of two or more performance problems or more serious violation of
a City policy or rule,a writien warning may be issued.
1. The warning should be signed and dated by the employee.An employee
who disagrees with the facts in the warning may submit a written
response. It will be place in the personnel file with the warning.
2. A written warning need not pertain to the same or similar matter(issue).
3. In addition to a written warning,the department head may also suspend
an employee without pay for v period of up to fifteen(15)working days, or
take other corrective or disciplinary action deemed appropriate,including
demotion and temporary reduction in pay. Prior to taking such action,the
department head will:(1)furnish the employee with notice of the charges
and a statement of relevant facts upon which the charges are based; (2)
inform the employee of the level of discipline under consideration;and(3)
meet with and afford the employee an opportunity to respond to the
charges and the written statement of facts which supports the proposed
disciplinary action.
i 4. A written statement of the disciplinary action imposed and the reasons for
such action shall be furnished to the employee, and a copy shall be made
a part of the personnel file.The employee will sign the statement
acknowledging he has received a copy of and may file a rebuttal
statement.
C. Discharge may result if the employee violates City policy,commits serious
misconduct or fails to improve the level of performance.
y
PERSONNEL POLICIES—Management
No. 18.0
D I St C HA R GE P R 0 C E D- URE
Pre-Discharge Conference
If a department head determines there is just cause for the discharge of a non-
probationary employee, the department head shall notify the employee of the
specific reasons and that a suspension without pay and/or discharge is being
considered.The employee shall a provided with the facts upon which the actions
are based.The department head shall afford the employee a formal opportunity
to refute the charges orally or in writing.Once the employee has been afforded
an opportunity to refute the charges and explain the circumstances,the
employee may be suspended without pay. If a pre-discharge conference is to be
® held, it will hp clheduled and held at least three 1,31 days after notice of the
proposed action has been given.The employee will be given adequate time to
develop a response and to seek necessary outside assistance as the employee
feels necessary.The time limits may be varied by the city to meet individual
needs.
The department head will conduct the conference and decide whether to dismiss
the allegations,impose discharge,or impose a lesser degree of discipline or
corrective action.
n
N
y
O
PERSONNEL POLICIES-Management
® No. 18.0
APPEAL OF DISCIPLINE ACTION:
Right to anneal from discipline:
® who has boan sus nded reduced in Pay,demoted or
^y rec�iiiar 6�Tipivyera w�iv�iaa p�%...---, •r-�.. -
dismissed, shall have the right of appeal to the City Manager. Notice of the
appeal must be filed not later than ten(10)days following the effective date of
the action. The Notice of appeal shall include at least the following information:
(a)a statement of the complaint and the facts upon which it is based;(b)the
remedial action requested; (c)a statement of the reasons why the remedial
action is appropriate; (d) a statement of any policies, procedures or law or rules
which have not beer,adhered to or which should be followed. The appeal shall
be heard by the City Manager within twenty(20)days after receipt of the request.
The City Manager shaii furnish the departs i ent head concerned with a copy of
the notice of appeal in advance of the hearing
Who may appeal:
Only regular employees not excluded from the application of these policies(see
policy regarding probation)have a right to appeal disciplinary actions. In addition
to formal appeals under this Section,the City Manager may give consideration to
all suggestions and complaints that concern administration of the personnel
policies.
Investigations:
In connection with an appeal or complaint,with respect to any matter arising
under these personnel policies,the City Manager may conduct an investigation
as he deems necessary. The City Manager shall make a written report upon all
matters investigated under the personnel policies. A copy will be given to the
employee and placed in the file.
Hearing on appeal
i (A) Prodedure.
i
The City Manager shall set a hearing upon timely requests made under
this policy. The employee and the department head shall be given written
notification of the time and place of the hearing.
d i
The order of procedure at the hearing will be as follows:
(1) The employee may present evidence in support of the appeal with
_ or without the assistance of legal counsel or other representative.
(2) The dere:`men-t head or a designee may cross-examine or submit
evidence in rebuttal or both.
(3) Opening statements, if any,will be brief and confined to the issues.
Closing argument, if any,will be firs',by the employee and then by
the department head or a designee. Both parties may offer rebuttal
evidence if desired.
(4) Evidence of a type commonly relied upon by reasonably prudent
persons in the conduct of their serious affairs shall be admissible.
Irrelevant, immaterial or unduly repetitious evidence may be
excluded. Affidavits and cot.inter-affidavits are acceptable as
evidence. If either party intends to rely on an affidavit, it shall
provide the ether party with such affidavit together with the name,
address and telephone number of the affiant at least ten(10)days
prior to the hearing or such affidavit shall be inadmissible.
B. Conduct of Hearings.
A hearing before the City Manager is intended solely for the purpose of
receiving evidence either to refute or substantiate specific charges brought
to the City Manager. The hearing shall be conducted accordingly. The
City Manager may impose limits on questioning in the interest of the
orderly conduct of the hearing and fairness.
C. Counsel or Representative.
In appealing a disciplinary action to the City Manager an employee may,
but is not required to have counsel or other representative.
City Manager findings:
If, after receiving evidence presented in hearings on disciplinary actions,the City
Manager finds that sufficient evidence supports the charges,that the
a complained-of action taken by the department head was reasonable and was
taken for a proper reason consistent with policy, and in the case of a discharge,
is supported by just cause,the City Manager may affirm the action; if the City
7 Manager finds that the complained-of action taken by the department head was
i�
V
not so made,the City Manager shall fashion an appropriate remedy and the
personnel file shall be purged of such record. The City Manager in lieu of
affirming the disciplinary action may modify the discipline as the circumstances
warrant.
At the time of filing of the request of the appeal with the City Manager,the
department head shall supply the employee with an outline of the procedures
used by the City Manager. The decision of the City manager shall include
findings of fact and shall be final.
An employee with remedies under a labor agreement may use this appeal
procedure,and may do so only if the employee and the Union waive the right to
proceed to appeal under any other policy or contract law or rule.
Procedural rights related to performance and discipline for department heads:
® The standards of conduct, performance and discipline to which the City holds
department heads and managers is quantitatively and qualitatively different
(higher)than the standards by which other employees are judged. Discussions
of expectations,goals and objectives, and coaching and counseling should, in
the case of management employees, be sufficient. In rare cases of misconduct,
it may be that a suspension could be justified,however,ordinarily instances
committed by this level of employee warrant either discharge or counseling. The
City Manager is expected to insure standards are established and met, and that
an appropriate combination of performance plans,evaluations and counseling
are utilized to help the manager succeed. In the case of department heads,
performance and conduct issues shall be addressed in accordance with the
employment agreement.
A. The City Manager may refer any issue to a Hearings Officer who shall
conduct the proceedings in accordance with these rules. In such event,all
provisions of these rules relating the duties and authority of the city
Manager shall also apply to the Hearings Officer in the conduct of the
hearing. The Hearings Officer shall issue Recommended Findings which
shall be reviewed by the City Manager based solely on the record and
applicable law. The City Manager may adopt the Findings within twenty
(20)working days from receipt of the Recommended Findings,or modify
them for good and sufficient cause.
H
EAH
a�
y
5