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HomeMy WebLinkAbout03755 ! ;o PPT,540 eq uT qdaN, aq Tipqs spaooaa 4o 4es a4aTdwoo v saumau uakNosuaa 'eat qqapj qes SP uoTqpuTuipxa Aq ATuo PaTIT3 aq TTPLIs suoT4Tsod inns oTqand go :x aq4 To 5 g�T4 , Aq paqdmaxa ATTPp TgTpads suo esoqq. PUP 'saeAoTdme Abue5jama ao TPuoTsTAoad i TSUOSPeS I S@GA0TdWp aulTq-;id qdpoxa pagsaaa jeggpaJaq ao , paqsTToqp qou pup 1 .6uTqsTxa mou ATM aq4 UT suoTTTsod TT e apnTouT TTpqs apTAaas PeTJTssPT eql =nun GgIJISSWID E-Z-9 Trell ; go apupTpq atm. SP sanoq cures eqq. bUtjnp qaCia eq TTPqs Tauuosjad pup aoTAIeS TTATO 30 epTJJ eqI sunoa aoiaao - eTqTssod- 3T Ifg-JT4aPW TPTO9dS iU 3 0 oupApp uT SIC1014 (VZ) anog-Aquamq 4spaT paT;Tqou aq TTpqs aoqoaaTe eq pup saauoTssTiumoD eTqP TT P 4P 31 TIQTssTmmop aqq. Jo shuTgaam TT P Pua44P TTPqs opercj eqij upulaTsq0 aqq. 1q Aapssapau SP paTTpo aq Lew sbuTAaPJA TP-Toad8 auTmaaqap 'Tugs uoTssTunuoD egg. SP appid pup amT; lions 4 4P PIaq aq Treqs uoTsspilmoD all; go sbuTgaew aPinfiaa aqI SDNIIHM NOISSIWWOD j amoTTog st Aqajaq 8I oTqand gO- A:4TO aql- go saputuTpJo go 91 TL6T aqi Jo IA eT4TI 1 e4T-enTouT 'TT =14 T saaqdpqp go suoT409 S uTP4ae0 T NOTIToaa (PePPe IPTJaqvul mau sal.PoTpuT buTaopsaapun !pagaTap eq 04 TPTIa4PW sTe sqpNag) 4Pqq- 'ouvUorloo 'Orland 40 riTomnoo Liao am xa cakivauo iiL apiAuas zIATD OI PNIIVTO: SaDNVNIGUO JO UO3 a 1461 am ao IA amT.T1-0 ZT HLdVH3 NIIDVNa UNV SaNVNIGUO JO aGOD: 1461 am ao -TA TULL 'TT num T sumaNim ao SNOIIDES pNIqVadaU IN V DNIGMHNV HONVNIGUO MV SSLE 'ON HONVNIGUO GaGNgylV OV ,A4 4 ' _ - / - • • • ,;4:. 1 , • 11 410 711 Civil Service and Personnel by the Director and shall be made available to the Commission or City Manager at all times Such records shall include all matters concerning application, eligibility, appointment, service and termination for each employee, and such other records as the Director deems neces- sary Records .concerning application, examination and eli- gibility shall be kept current for at, least two (2) years after which time they may be destroyed or stored Individual employees may examine their personal record at any reasonable time No personnel records shall be removed from the Personnel Office except with permission of the Commission or Director 6 -2 -5: PERSONNEL CLERKS Clerical assistance for the Commission and Director shall be procured in the same manner as all other clerical employees in the classified. service. 6 -2 -6 NOTICE. OF CHANGE OF ADDRESS All persons employed by the City and all persons whose names appear on reinstatement or eligible lists shall notify the Director in writing of any change of address and telephone numbers Any notice sent by mail to the last address of record shall be deemed sufficient legal notice 6 -2 -7 COMPUTATION OF SERVICE Wherever in these rules, reference is made to this parti- cular rule or wherever reference is made in general to length of service or •seniority, computation of such service shall in- clude time the employee has been on military leave, sick leave with or without pay, or time off with pay due to injury in line of duty, but shall not include time the employee was on special leave without pay or absence without leave or time off for dis- ciplinary purposes. 6 -2 -8 CITY ATTORNEY On all legal matters coming before the Commission, the City Attorney shall act as adviser - 2 - i 41/ • 6 -2 -9 SUSPENSION OF APPLICATION REQUIREMENTS Any application requirement set forth in this Chapter may be suspended by the Commission for the good of the service if a vacancy exists or if a vacancy is imminent and in the opinion of the Commission, there is not a sufficient number of other- wise qualified applicants. 6 -3 -1 GENERAL QUALIFICATIONS (a) Applicants for original appointment in the classi- fied service must be citizens of the United States, and furnish satisfactory proof thereof (b) Applicants must be able to speak and read and write English language intelligently (c) Applicants must furnish proof of good moral charac- ter satisfactory to the Commission 6 -3 -2 RESIDENCE No person shall be admitted to an entrance examination for any position who has not been a resident of Pueblo at least one (1) year immediately preceding the date of examination Pueblo residency shall include only the area within the cor- porate limits of Pueblo or property owned by the City; pro- vided, however, in examinations for places requiring technical, professional or scientific knowledge, or manual skill of a high order, or when in the judgment of the Commission there is not a sufficient number of applicants, the residence re- quirement may be waived All City employees shall maintain their actual principal place of residence within Pueblo County 6 -3 -3 NONSUBVERSIVE AFFIDAVIT As a condition of eligibility for examination all appli- cants must certify that they are not now and never have been a member of the Communist party or any subversive organization or of any organization which advocates the overthrow of the Constitution or government of the United States; and if 1 - 3 - they have been a member of such organization, shall be re- quired to explain satisfactorily to the Commission 6 -3 -4 FORMS, RECEIPT, FILING (a) Applications for original appointment shall be made on the forms furnished by the Director in the manner directed thereon (b) Applications shall be filed in the office of Civil Service and Personnel and the Civil Service secre- tary shall mark thereon the date and time of re- ceipt of the application (c) Applications shall be filed in the office of Civil Service and Personnel at least ten (10) days prior to the date of the examination, unless specific ex- ception is made by the Commission 6-3 -5 REJECTION OF APPLICANTS Whether an applicant is qualified to be given an examina- tion shall be solely a matter for determination by the Commis- sion The following are declared to be causes for rejection of an applicant by the Commission, although rejection may be based upon causes other than those enumerated (a) The applicant is found to lack any of the minimum qualifications as stated in the position specifica- tions or in these rules (b) The applicant has made a false statement in his application or has practiced or attempted to prac- tice deception or fraud in connection with such application (c) The applicant has solicited favors from the Director or Commissioners in connection with his search for employment, or someone else has done so in his be- half. (d) The applicant has violated any Civil Service rule or directive of the Commission, Director of Per- sonnel or examiner _ d - 4 - • 1 (e) The applicant has contracted some infectious disease or has some physical ailment or defect which incapa- citates him for the proper performance of the duties of the position to which he seeks employment. (f) The applicant has been previously discharged from the classified service or removed from an eligible list for cause, or has resigned from the City ser- vice under charges (g) The applicant is addicted to the habitual or excess- ive use of narcotics or intoxicating beverages (h) The applicant has been convicted of a criminal offense, or of a misdemeanor involving moral turpi- tude, or has been guilty of disgraceful conduct or an immoral act (i) The applicant has a record of service in previous employment, including prior service with the City, which in the opinion of the Commission would warrant his rejection (j) The Commission may, for the good of the service, reject any applicant who is immediately subject to call to military service or who could reasonably be expected to be called within the ensuing year (k) The applicant has a record of failure to make reason- able payment of just debts, as may be evidenced by a poor credit rating, a history of repeated garnish- ments or bankruptcy (1) Any candidate or eligible may be eliminated by the Commission upon discovery by the Commission of any information about, or activity of, a candidate or eligible which would have permitted his rejection under the provisions of this Section 6 -3 -6 NOTICE OF REJECTION The Director shall immediately notify by mail any person - 5 - 411 whose application has been rejected * * * * * * 6 -3 -21: GENERAL REGULATIONS (a) Practical Examinations All examinations shall be on a competitive - basis and shall relate to such matters as will fairly test the relative capacity and fitness of the persons examined to carryout the duties and accept the responsibilities described in the specifications for the particular position applied for. Each applicant shall be treated equally and tested solely on his ability Under all circumstances the Commission and Director shall exercise due diligence to prevent collusion, fraud or discrimination throughout the examination process Examinations may be written, practical demonstration, oral, personal interview, athletic, or any combination thereof (b) Time of examinations. Regular promotional examina- tions for which there are applicants shall be given at least once a year for Fire and Police Departments and as vacancies occur or as the Commission shall direct in other departments. Such examinations shall be given at times to be determined by the Commission. Entrance and special examinations shall be given when necessary as determined by the Commission (c) Notice Notice of the time and place for all exami- nations shall be published and posted in a conspicuous place in all departments by the Director at least sixty (60) days prior to any regular promotional examination and at least fif- teen (15) days prior to any entrance or special examination Each applicant shall be notified by mail by the Director of the time and place of the examination (d) Time limits The time allowed applicants to complete any one subject and the time allowed to complete the entire examination shall be fixed by the Commission This time will in no case be extended except upon special direction of the Commission - 6 - • • (e) Large groups may be divided When the number of ap- plicants is in excess of the number that can conveniently be examined at one time, the Commission may provide for separate examinations at another time and place In such case the ap- plicants shall be given prior notice within a reasonable time of the time and place for examination (f) Applicants identified by number only Applicants shall be admitted to an examination only on presentation and i surrender of the official card of notification sent them by the Director Upon entrance each applicant shall receive an examination number which shall be unknown to the Commission or to the Director This number shall be placed by the applicant 1 in a sealed envelope and shall remain unknown to the Commission and the Director until all test grades have been completed, at which time the envelopes shall be opened and examination papers identified by name No applicant shall in any manner attempt to identify his paper other than by his examination number (g) Form and method. The form., manner, and method of examining all applicants shall be determined by the Commission in accordance with the provisions hereof (h) Substance and preparation Under the direction and supervision of the Commission, the Director shall prepare all examinations in such manner as to secure the highest possible level of competence among the City's personnel Toward this end, the Director shall continually make studies to correlate testing procedures and position requirements, and advise the Commission of improvements needed in the examination procedure The Director shall include such subjects as will be most use- ful in determining the relative merits of each applicant for the respective classified positions Previous experience and education may be used as a factor in determining an applicant's qualification or general rating Either group or individual oral tests may be used to such extent as the Commission may - 7 - deem suitable for the purpose of testing those qualities which are not readily measurable by means of written tests (i) Discrimination prohibited No aspect of any exami- nation shall in any manner relate to the political or religious beliefs or other affiliations of the applicants Nor shall any appointment, retention, removal or promotion in any manner be influenced by such beliefs or affiliations. (j) Examiner The Director, clerical employees of the Personnel Office, and such other persons as the Commission shall authorize shall act as examiners to give all mental tests, and shall act under the direction and supervision of the Com- mission The examiner for special tests such as athletic or practical demonstration shall be the Director or such other person as the Commission shall authorize. 6 -3 -22: CONDUCT OF WRITTEN EXAMINATION The examiner shall see that all examinations are carried out in accordance with the following rules and any special directives of the Commission (a) Examinations shall be held in the presence of one (1) or more examiners (b) Time limits for tests or complete examinations as determined in accordance with subparagraph (4), sub- section (a) of this Chapter shall be announced to the candidates at the beginning of the examination (c) Writing paper furnished by the Commission shall be used exclusively by the candidates. Unless otherwise specified in the announcement, pens, pencils, etc , shall be furnished by the candidates (d) Books of reference or data of any kind shall not be brought into the examination room or used by any candidate unless otherwise specified in the announce- ment (e) Written tests shall be done with pen and ink unless - 8 - otherwise directed by the Commission Mathematical work shall be shown in full (f) All papers pertaining to a given test shall be dis- tributed at the same time (g) Individual explanations to candidates are prohibited (h) Communication between candidates is prohibited (i) Candidates shall not leave the examination room with- out permission from an examiner (j) All examination papers shall be taken up upon expira- tion of the time limit set (k) Should a candidate withdraw from an examination he shall turn in all papers he has received (1) In case of irregularity in an examination, the exami- ners shall make a written report thereof to be filed with the working papers of the examination and sub- mitted to the Commission 6 -3 -23 EXAMINATION PAPERS CONFIDENTIAL No examination papers or questions shall be carried away by the applicant. All such material shall be returned to the examiner upon completion of the test No material relating to, or a part of, any examination shall be copied, reproduced, carried off or displayed to any- one without the permission of the Commission or the Director No applicant shall offer or solicit aid from any other person during the course of an examination 6 -3 -24: RE- APPLICATION No person who has been examined for any position and failed shall be allowed to re -apply for the same position for a period of six (6) months, except under extenuating circum- stances and within the discretion of the Commission Applicants who have successfully passed an examination but who have not been appointed, may re -apply and be given the net examination for the purpose of increasing their grade The - 9 highest grade currently posted and in effect on the eligibility list shall determine the applicants standing thereon Any employee who has been discharged shall not be permitted to re -apply for any position to the City within two (2) years thereafter, and then only with the permission of the Commission and the Director 6 -3 -25 NOTIFICATION OF GRADE AND PROTESTS Upon completion of grading and scoring of examinations, each applicant shall be notified by mail of his score and rela- tive standing on the eligibility list of the position applied for Any protest as to marking and grading of any examination paper must be made in writing by the applicant to the Commis- sion within ten (10) days after receipt of notification of grade, who shall determine whether such protest shall be allowed * * * * * * 6 -3 -31 RATING (a) General. Rating required Examinations shall be rated on the basis of one hundred (100) points for all entrance ex- aminations and for promotional examinations unless otherwise specified by the Commission. The passing general rating for all examinations shall be seventy (70) per cent In addition to the general rating requirement, candidates may be required to attain a specified rating for one or more tests as a con- dition to being rated in the remainder of the examination Any such specified requirement shall be announced prior to the examination For purposes of determining passing grades, computation shall be made without credit for veteran's or seniority preferences, such preferences being utilized only to determine relative status among those declared to be eligible (b) General rating computation General ratings shall be computed by the Director and such other persons as the - 10 - Commission may direct before submission to the commission for correction and approval The weights to be given each test and other matters affecting the computation of general ratings shall be determined by the Director with the advice and direc- tion of the Commission 6 -3 -32 SENIORITY PREFERENCE For all promotional examinations employee candidates shall receive preference in the determination of general rat- ings to the extent of one -half (1/2) of one (1) per cent for each complete year of service with the City 6 -3 -33 VETERAN'S PREFERENCE In accordance with Article XII of the Constitution of Colorado (1) Five points shall be added to the passing grade of each candidate on each competitive examination, except any promotional examination, who is separated under honorable con- ditions and who, other than for training purposes, (i) served in any branch of the armed forces of the United States during any period of any declared war or any undeclared war or other armed hostilities against an armed foreign enemy, or (ii) served on active duty in any such branch in any campaign or expedition for which a campaign badge is authorized (2) Ten points shall be added to the passing grade of any candidate of each competitive examination, except promo- tional examination, who has so served, other than for training purposes, and who, because of disability incurred in the line of duty, is receiving monetary compensation or disability retired benefits by reason of public laws administered by the Department of Defense or the Veterans Administration, or any successor thereto (3) Five points shall be added to the passing grade of any candidate of each competitive examination, except any pro- motional examination, who is the unremarried widow of any - 11 - person who was or would have been entitled to additional points under paragraph (1) or (2) of this subsection, or of any person who died during such service or as a result of service- connecte• cause while on active duty in any such branch, other than for training purposes (4) No more than a total of ten points shall be added to the passing grade of any such candidate pursuant to this Sectio 6 -3 -32 (5) The certificate of the Department of Defense or of the Veterans Administration, or any successor thereto, shall be conclusive proof of service under honorable conditions or of disability or death incurred in the line of duty during such service. (6) Any examination which is a promotional examination, but which is also open to persons other than employees for whom such appointment would be a promotion, shall be considered a promotional examination for the purposes of this subsection (7) Any other provision of this subsection to the con- trary notwithstanding, no person shall be entitled to the addition of points under this subsection for more than one appointment or employment with the City of Pueblo (8) This section shall be in full force and effect on and after July 1, 1971, and shall grant veterans preference to all persons who have served in the armed forces of the United States from the Spanish - American War as of April 21, 1898, and any other declared or undeclared war, conflict, en- gagement, expedition, or campaign for which a campaign badge has been authorized, and who meet the requirements of service disability, or both, as provided in this section This sec- tion shall apply to all competitive employment examinations, except promotional examinations, conducted on or after such date, and it shall be in all respects self - executing * * * * * * - 12 - 6 -3 -42 PHYSICAL QUALIFICATIONS Failure to meet the following requirements shall preclude any candidate for original appointment from being further examined or appointed (a) Age (1) All candidates at their last birthday must not be less than twenty (20) years of age nor more than fifty (50) years of age except, the age limitations for applicants for the following departments and classifications are as follows, respectively Fire Department applicants -- twenty (20) years of age through thirty -three (33) years of age Police Department applicants -- twenty -one (21) years of age through thirty -five (35) years of age Airport serviceman applicants -- twenty (20) years of age through thirty -five (35) years of age Parking Enforcer applicants -- twenty -one (21) years of age through thirty -five (35) years of age (2) Waiver of age limits (1) The Commission may declare a position in other than the Fire Department a critical recruitment position and waive the maximum age limit to the extent of granting one (1) year additional age for one year's exper- ience in the exact_ position; provided no more than six (6) years' experience shall be granted (b) Height and weight All measurements to be taken in indoor clothing and without shoes (1) Police and Fire Department candidates shall meet the following requirements - 13 - HEIGHT WEIGHT IN POUNDS SMALL MEDIUM LARGE FT INCHES FRAME FRAME FRAME 5 9 min. 142 -150 148 -158 159 -189 5 10 150 -154 150 -165 159 -189 5 11 150 -158 154 -170 164 -197 6 -- 152 -162 158 -175 168 -199 6 1 156-167 162 -180 173 -209 6 2 160 -171 167 -185 178 -214 6 3 164 -175 172 -190 182 -220 6 4 168 -180 177 -195 189 -225 6 5 max. 172 -189 182 -200 191 -230 The primary consideration in weights shall be given to minimums and maximums; and secondary consideration will be given to small, medium and large frames Upon recommendation by the Personnel Director, applicants may be considered for examination and appointment, when approved by the Civil Service Commission, upon submission of a "Height and Weights Deviation Certificate" recommending approval The certificate may be obtained if the applicant, at his own ex- pense, will submit to a fitness of height and weight examination, to be given by the recognized Civil Service physician, appointed by the Civil Service Commission The physician's certification shall state that the applicant is of such proportionate height and weight as to render him a good health risk for the position, pending further physical examination (2) Parking Enforcer candidates shall meet the following requirements HEIGHT MAXIMUM WEIGHT FT INCHES (No Minimum) 5 2 125 5 3 130 5 4 135 5 5 140 5 6 145 5 7 150 5 8 155 5 9 160 (c) Vision All candidates must have a Snellen rating for naked vision not less than 20/100 in either eye correctable to 20/40 0 D (right eye) 0 S. (left eye), or 0 U (both eyes); provided that candidates - 14 - 411 411 with only one eye may be examined for such positions as the Director and Commission may determine Police Department and Fire Department candidates must have a Snellen rating for naked vision of not less than 20/50 in either eye correctable to 20/20 0 D , 0 S and 0 U Candidates for any position the duties of which include the operation of a vehicle must have a Snellen, rating for naked vision of not less than 20/70 in either eye correctable to 20/20 0 D , 0 S and 0 U (d) Color sense Police Department and Fire Department candidates, and candidates for all other positions so required by the Commission, must possess normal color vision as tested by Holmgren, Wool, Ishahara or equivalent tests (e) Hearing All candidates for the Police Department and the Fire Department must have normal hearing Candidates for other positions must have no more than eighteen (18) per cent deficiency in hearing with either ear, except as provided for handicapped persons in subsection (a) of this Section (f) Health requirements Any candidate must be completely free of any and all serious ailments or defects which I j might make the candidate a poor health risk, and must otherwise be of sufficient health and vigor as determined by the examining physician to perform effectively the functions of the position for which he is a candidate Any defect, deformity, deficiency or abnormality shall be reported in writing to. the Commission even though the examining physician be- lieves that it will not .impair the ability of the applicant - 15 - lip Nothing herein shall be construed to prevent establishment . of special requirements by the Commission and Director for any particular position or group of positions. 6 -4 -1 EDUCATION Applicants for the Police Department must have a high school education or its equivalent The Commission may estab- lish such educational requirements for other positions as are deemed desirable in the interest of procuring the most capable candidates 6 -4 -2 MORAL CHARACTER It shall be the duty of the Director and the Commission to investigate as fully as possible the moral character of all candidates, either for original examination or promotion In case the Director and Commission shall determine that the candi- date is not of suitable character to fill the position applied for, the candidate shall be denied the right of examination, or if already examined, the candidate's name shall be removed from the eligibility list The candidate shall in any event be given an opportunity to be heard in his own behalf, but the determination of the Director and Commission shall be final 6 -4 -3 OTHER REQUIREMENTS The Commission may establish such other requirements as are necessary for the procurement of the most capable personnel for the various positions * * * * * * 6 -4 -21 ELIGIBLE REGISTER The Director, under the supervision of the Commission, shall keep an "eligible register" It shall contain the names, addresses, dates of examination and ratings of the candidates who have become qualified for the respective positions in the civil service - 16 - 6 -4 -22 PLACEMENT ON ELIGIBLE LIST The names of successful candidates shall be placed on the eligible list for the position for which they were examined in order of their ratings, the highest coming first When two or more eligibles have the same rating, preference on entrance examinations shall be determined on the basis of priority of filing applications, and on promotional examina- tions shall be determined on the basis of length of service with the City 6 -4 -23 ELIGIBLE LISTS, DATE EFFECTIVE, EXPIRATION Eligible lists shall become effective upon the date set by the Commission and shall remain effective until a new eli- gible list is published Candidates who are not appointed shall retain their rating on the eligible list for a period of two years, subject to physical examination requirements as set forth in Section 6 -4 -24 hereof In the case of police and fire employees the eligible list shall be for one year's duration and shall expire with the certification of the new list Following a subsequent examination, the rating of new candidates shall be combined with those of former candidates whose rating has not expired in each subsequent eligible list Appointments shall be made from the most recent effec- tive eligible list * * * * * * 6 -4 -25 REFUSAL OF APPOINTMENT Whenever an eligible certified for appointment shall fail to accept an offer of appointment sent to him by mail to his last known address within seven days following the mail- ing of such appointment, he shall be deemed to have refused such appointment and his name shall be stricken from the eligible list, unless he shall immediately furnish the Commis- , sion and Director with reasons satisfactory to them for his failure to accept Following refusal of appointment, the - 17 - 411 411 Director shall certify the next highest candidate to the de- partment head for appointment * * * * * * 6 -4 -31: DEFINITIONS Whenever in this article the word "service" is used it shall be construed as meaning service as a City employee Wherever in this article the word "experience" is used it shall be construed to mean experience in any position with similar duties and responsibilities, whether or not as a City employee 6 -4 -32: ELIGIBILITY FOR PROMOTION Applicants for the examinations listed in this article shall have served in the class of position which has been. de- clared by the Director to be in the line of promotion, for at least the probationary period 6 -4 -33 IN THE' POLICE DEPARTMENT In addition to time served as probationary employee, the following service requirements shall be prerequisite to exami- nations as shown: (a) For corporal, three years service as a patrolman For sergeant or detective sergeant, three years service as a patrolman or corporal (b) For captain two years service as sergeant or detective sergeant (c) For deputy chief, five years service as a captain. 6 -4 -34 IN THE FIRE DEPARTMENT In addition to time served as a probationary employee, the following service requirements shall be prerequisite to examinations as shown (a) For engineer - -two years service as a fireman. (b) For fire alarm operator - -three years service as a fireman or engineer (c) For captain- -four and one -half years service as a fireman, engineer or fire alarm operator - 18 - 5- ii0 ii0 (d) For assistant chief - -three years service as a captain 6 -4 -35 IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT In addition to time served as a probationary employee, the following experience requirements shall be prerequisite to examinations as shown (a) For junior civil engineer or draftsman - -two years experience as engineering aide (rod or chainman) (b) For civil engineer- -two years experience as a junior civil engineer or draftsman. (c) For senior civil engineer - -two years experience as a civil engineer However, for purposes of this subparagraph, four years of college training may be substituted for required years of experience on a one for one basis 6 -4 -36 IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT In addition to time served as a probationary employee, the following experience requirements shall be prerequisite to examinations as shown: (a) For street superintendent - -four years experience as street general foreman, or six years experience as street maintenance foreman (b) For street general foreman - -four years experience as a street maintenance foreman, two of which may be substituted by experience as equipment operator III or IV, or paving plant operator (c) For street maintenance foreman - -two years experience as equipment operator III or IV, or paving plant operator (d) For equipment operator III- -two years experience as equipment operator I or II - 19 - (e) For equipment operator II - -one year experience as equipment operator I 6 -4 -37 IN THE SHOPS DIVISION OF THE PUBLIC WORKS DEPARTMENT In addition to time served as a probationary employee, the following experience requirements shall be prerequisite to ex- aminations as shown (a) For shop foreman - -three years experience as a blacksmith, machinist or mechanic (b) For master mechanic - -three years experience as a mechanic (c) For mechanic, machinist, or blacksmith- -two years experience as a helper or apprentice to the respec- tive positions. 6 -4 -38 IN THE SEWAGE DISPOSAL DIVISION OF THE PUBLIC WORKS DEPARTMENT (a) For sewage plant superintendent- -three years ex- perience as chief sewage plant operator, or six years as sewage plant operator (b) For chief sewage plant operator- -two years exper- ience as sewage plant operator. 6 -4 -39 IN THE DEPARTMENT OF PARKS AND RECREATION In addition to time served as a probationary employee, the following experience requirements shall be prerequisite to examinations as shown (a) For florist, greenskeeper., sexton, gardener, zoo - keeper or park foreman - -two years experience as assistant florist, cemetery caretaker, gardener's helper, golf course attendant or park caretaker (b) For assistant director of parks or superintendent- - three years experience as park foreman, gardener, florist, sexton or mountain park foreman. * * * * * * - 20 - 411 111 6 -4 -40 ADDITIONAL REQUIREMENTS In addition to the requirements set forth in sections 6 -4 -32 through 6 -4 -39, the Director, with the approval of the Commission may establish such other service, experience and education requirements as are necessary to insure the qualifications of applicants for supervisory and skilled positions; proided, any such requirements shall not be arbi- trary or discriminatory but shall be uniform and reasonably applied 6 -4 -41 DISCIPLINARY ACTION BAR TO ELIGIBILITY Promotional service requirements shall be computed as out- lined in section 6 -2 -7 of this title and such service must be clear of any suspension for a period of two years prior to the date of examination; provided, however, in the case of a sus- pension of thirty days or less the Commission may declare that such suspension shall not bar the applicant from taking an examination; and provided further, should any other discipli- nary action have been taken against the applicant, the Com- mission may declare that such disciplinary action has barred the applicant from taking an examination. * * * * * 6 -5 -3 REINSTATEMENT LISTS Reinstatement lists shall be maintained for each class for which there have been lay offs or replacements Such lists shall consist of the names of persons who have occupied positions in the class beyond their probationary period and who have been laid off under the provisions of Sections 6 -5 -1 and 6 -5 -2 of this article, or replaced under the provisions of sections 6 -5 -5 and 6 -5 -6 of this article, including em- ployees Names shall be arranged on reinstatement lists for each class for certification in the inverse order of termina- tion - 21 - 411 111 6 -5 -4 REINSTATEMENT PREFERENCE Employees whose names appear on reinstatement lists shall be given preference for employment over persons whose names appear on eligible lists for the same class * * * * * * 6 -5 -7 DURATION OF REINSTATEMENT LISTS The name of an employee which has been placed on a rein- statement list and has continuously remained thereon for a period of five years shall, at the expiration of such period, be removed therefrom, and such employee shall cease to have any civil service standing in such class; provided, the names of employees still serving with the City after being replaced from a higher position shall remain on the reinstatement list indefinitely. * * * * * * 6 -5 -26 CONDUCT OF HEARING ON APPEAL All hearings conducted by the Commission shall be with open doors The employee, department head and Director shall have an opportunity to be present in person and by such repre- sentatives as he may desire, and to be heard Testimony shall be limited to the employee's record and the charges as preferred and served The hearing shall be presided over by the chairman of the Commission and conducted as fairly, judicially, and •ex- peditiously as possible The commission may by subpoena compel any person to appear and testify or produce books and papers relating to such hearing Any person violating or refusing to comply with the provisions of a subpoena from the Commission shall upon conviction thereof be fined in municipal court in an amount not to exceed that amount prescribed in section • 1 -2 -1 of this Code 6 -5 -27 DECISION OF COMMISSION ON APPEAL In accordance with the provisions of section 8 -4 of the Charter, the Commission may sustain or modify the action of - 22 - • the department head or may sustain the appeal of the employee and reinstate him if he is found to be innocent of the charges preferred If so found to be innocent, the employee shall thereupon be entitled to resume his position and to receive his regular rate of pay for the time lost A report of the decision of the Commission shall be sent to the employee, Director, and department head 6 -5 -28 APPEAL FROM DECISION OF COMMISSION Either the employee or the department head may appeal from any decision, finding or action of the Commission to the district court in accordance with the provisions of section 8 -4 of the Charter. * * * * * * 6 -6 -20: TYPES OF APPOINTMENT All vacancies in the classified service shall be filled by reinstatement, transfer, demotion, replacement, or from eli- gibles certified by the Commission In the absence of persons eligible for appointment in these ways, provisional, temporary, or emergency appointments may be permitted in accordance with Sections 6 -6 -23, 6 -6 -24 and 6 -6 -25 of this article 6 -6 -21 DEMOTION Other than as a disciplinary matter in accordance with Section 6 -6 -23 of this article, no employee shall be demoted without his consent At any time when a vacancy exists in a lower class with duties similar to those of the position currently held, an employee may, with approval of the Director, be appointed to such lower position. 6 -6 -22 REGULAR APPOINTMENT Regular appointments shall be made in accordance with Articles II and III.of Chapter 4 6 -6 -23 PROVISIONAL APPOINTMENT In the absence of eligible or reinstatement lists, pro- visional appointments of persons who meet the minimum qualifi- cations of a vacant permanent position may be made with the - 23 - approval of the Director pending the establishment of an elig- ible list as provided herein Upon establishment of an eligibil- ity list, the high person on such list shall immediately replace the provisional employee No provisional appointment may con- tinue beyond one hundred and eighty days No credit shall be allowed in any examination or toward the completion of a pro- bationary period for service rendered under a provisional appointment. No provisional employee shall remain in a class of position after creation of an employment list for that class of position unless he is regularly appointed from such employ- ment list 6 -6 -24 SEASONAL APPOINTMENT Whenever a department head shall certify to the Director that a vacancy exists for a position approved in the budget which will not exist longer than one hundred and twenty days a seasonal appointment may be made, notwithstanding existence of an employment list; provided, no employee shall serve under a seasonal appointment for more than one hundred twenty days in any calendar year; and provided further, persons on an employ- ment list for such class must be given first opportunity for such seasonal appointment Failure to accept, or acceptance of, a seasonal appointment shall not affect the status of a person on an employment list 6 -6 -25 EMERGENCY APPOINTMENT To meet the requirements of a real and actual emergency condition which threatens life, property or the general wel- fare of the City, the City Manager may employ such persons as may be necessary without regard to the regulations as to appoint- ments in these rules; provided, as soon as practicable such emergency appointees shall be replaced with persons on employ- ment lists, if any, and in no event shall such emergency appointments be valid for more than thirty days * * .* * * * - 24 - 6 -6 -27: ASSIGNMENT The transfer of an employee from one position to another in the same class shall be called an assignment and shall re- quire only the approval of the Director * * * * * * 6 -6 -32 CLASSIFICATION New Positions shall be classified and current positions reclassified by the Director on the basis of their current duties and responsibilities. Notice of any new position classi- fication, reclassification, or re- allocation shall be forwarded in writing to each employee affected and to the commission at least thirty days before such change is to become effective-. * * * * * * 6 -6 -35 RECLASSIFICATION AND RE- ALLOCATION Whenever changes in the duties and responsibilities make the class or pay grade to which a position was previously allo- cated no longer applicable, the Director shall reclassify or re- allocate the position in accordance with the provisions of Section 6 -6 -32 of this article. 6 -6 -36 EMPLOYEE REQUESTS FOR CLASSIFICATION ADJUSTMENTS Any employee or his designated representative shall have the right to consideration by the Director of any request he may have with respect to a change in the classification or allocation of his position. The employee shall make his re- quest initially to the head of the department who shall promptly seek to arrive at a solution consistent with these rules and acceptable to the employee. When the department head is unable to resolve such request in a manner that the employee is will- ing to accept, the matter may then be submitted in writing to the Director with recommendations of the department head for such action as he may deem appropriate In case the employee's request cannot be so resolved, it may be appealed to the Commis- sion in accordance with section 6 -6 -37 - 25 - 7 Employee or department head requests for reclassification or establishment of a new position or class shall be considered only in June and December of each year, except in case of sixb- stantial unfairness due to change of duties in the position. or class * * * * * * 6 -11 -1 REVISION OF RULES Any employee, group of employees, officer or department head, Commissioner, Councilman, or the Director or the City Manager shall have the right to submit to the Commission and Director a proposed revision of these, personnel and civil service rules The Commission and Director shall within thirty days hold a hearing and investigation thereon and within a reasonable time submit such proposed revision to the Council for approval., together with such recommendations as the Commis- sion and Director may deem proper " SECTION 2 Chapters 1 thru 11, inclusive, of Title VI, of the 1971 Code of Ordinances of Pueblo, Colorado are hereby amended and re- enacted to read as follows TITLE VI PERSONNEL CHAPTER 1 CIVIL SERVICE COMMISSION; CREATED; 'POWERS; DUTIES 6 -1 -1 ADOPTION OF CIVIL SERVICE SYSTEM Pursuant to Section 8 -3 of the Charter of Pueblo, there is hereby established a Civil Service System for employees of the City of Pueblo 6 -1 -2 CIVIL SERVICE COMMISSION CREATED; TERMS OF MEMBERS AND VACANCIES There is hereby created a Civil Service Commission con - sisting of three _(3) members, none of whom shall be a City - 26 - employee or officer of the City They shall be elected by qualified electors of the City for a period of six (6) years. Each member of the Civil Service Commission shall be a quali- fied elector of the City and one (1) shall be elected every two (2) years They shall elect their own chairman and operate under such rules of procedure as established by the City Council The compensation of members of the Civil Service Commission shall be determined by the City Council 6 -1 -3 JURISDICTION Employment in the City shall be.divided into unclassified and Classified,Service The powers and duties of the Civil Service Commission shall be applicable only to employees of the Classified Service (a) The Unclassified Service shall comprise and con- sist of the following officers (1) Members of the City Council and other elec- tive officers, and persons appointed to fill vacancies in elective offices; (2) The City Clerk; (3) The City Manager, and Assistant Managers, if any; (4) The Directors and Heads of Bureaus and Departments; (5) One (1) Private Secretary to the City Manager; (6) Members of Boards and Commissions in the Municipal Service except those specifically provided for in other sections of the Charter; (7) Persons employed to make or conduct a special inquiry; investigation, examination, or in- stallation, if the Council or the City Manager certifies that such employment is temporary, and that the work should not be performed by employees in the Classified Service - 27 - 401 o (8) Municipal Judges; (9) City Attorneys; (10) The Post - Auditor appointed by the Council (11) Persons performing service to the City with- out compensation from the City; (12) Police Surgeon; (13) Part -time employees (A part -time employee is defined as follows No such person shall work more than the equivalent of eight months in any year in such temporary, part-time, inciden- tal or emergency status ) (b) The Classified Service shall comprise all positions not specifically included by this section in the Un- classified Service, and shall be subject to Civil Service. Positions in the Classified Service shall be filled only by examination and in accordance with procedures and provisions of this Title and the Civil,Service Rules adopted by Resolution of the City Council 6 -1 -4 DUTIES AND POWERS It shall be the duty of the Civil Service Commission in compliance with this Title and the Civil Service Rules (a) To hear appeals from any action pertaining to classification, reclassification and allocation of positions, and from any disciplinary action involv- ing suspension in excess of two (2) working days, demoting or dismissing any employee in the Classi- fied Service and to report in writing to the superior taking the action appealed from, its findings and decisions The decisions of the Civil Service Commission on such appeals shall :be final unless reversed by the District Court; - 28 - 410 111 (b) To provide for reinstatement of any employee found innocent of preferred charges; (c) To investigate any or all matters relating to con- ditions of employment in the City and to make at least annually a report of its findings to the Council; (d) To hold a public hearing on proposed Civil Service rules. Public notice of such hearing shall be given at least five (5) days in advance; (e) To hold periodic competitive examinations in accor- dance with the Civil Service Rules and this Title; (f) To perform such other and different lawful acts and functions as may be set forth by the Council 6 -1 -5 LEGAL ASSISTANCE TO THE COMMISSION Pursuant to Article 6 of the Charter, the City Attorney, as Director of the Department of Law, when directed by the City Manager in writing or by the Council, shall institute or defend any suit, action, or proceeding on behalf of the Commission No special counsel shall be retained to repre- sent the Commission except by the City Attorney, and such special counsel shall serve solely under his direction Such special counsel, if any, shall receive compensation as deter- mined by the Council The City Attorney as the legal adviser to the Commission at the request of the Commission, interpret the civil service provisions of this Title, Civil Service Rules and applicable state laws 6 -1 -6, AGREEMENTS The Commission may, with approval of the City Manager and the Council, enter into reciprocal agreement, upon such terms as may be agreed upon, for the use of materials, equip - ment, facilities and services with any public agency or body for purposes deemed of benefit to the Civil Service System - 29 - 6 -1 -7 EQUAL OPPORTUNITY Applicants or employees shall not be discriminated for or against on basis of race, religion, sex, national origin, political affiliation, or age, except as otherwise provided by law Applicants or employees capable of performing the duties of a class shall not be discriminated against because of a physical handicap. CHAPTER 2 PERSONNEL DEPARTMENT; DIRECTOR 6 -2 -1 DIRECTOR - - DUTIES Subject to direction and supervision of the City Manager, the Director of Personnel shall direct and supervise all activities of the Personnel Department in accordance with the provisions of this Title as follows (a) To prepare and maintain a uniform schedule of pay in the Classified Service, subject to approval by the City Manager and the City Council (b) To prepare and recommend to the City Manager such rules and revisions as may be considered necessary, appropriate, or desirable to carry out the provisions of the City Charter (c) To continuously study, in collaboration with the Director of Finance, pension benefits and costs and provide for actuarial studies of costs of such plans, and to report their findings to the City Manager, City Council and the public (d) To interpret and effectively carry out all per- sonnel policies and rules adopted by the City Council (e) To encourage and exercise leadership in the develop- ment of effective personnel administration within the departments and agencies of the City, and to make available the facilities of the Personnel Department to that end - 30 - 411 111 (f) To maintain and revise as necessary, the classifi- cation plan; to perform position audits and classify positions in the classified service. (g) To prepare, maintain and revise as necessary, a program to evaluate the work product, efficiency and effectiveness of City employees in the perfor- mance of their work, any tests necessary therefor, and to utilize, when necessary, appropriate persons, including officers and emplo ees in the classified and unclassified service, to assist in the prepara- tion and rating of such evaluation. (h) To foster and develop, in cooperation with super - visers, department and agency heads and others, programs for the improvement of employee effective- ness, including but not limited to training, educa- tion, _career and occupational development, safety, health, counseling, and welfare of employees, for better proficiency in operation. of the City Govern- ment (i) To establish and maintain a roster of all employees in the classified service, in which there shall be set forth, as to each employee, the class, title, pay status and other pertinent data (j) Subject to approval of the City Manager, to appoint such employees of the Personnel Department and such experts and special assistants as may be authorized and necessary in accordance with the City Charter and City ordinances. (k) To establish and maintain such forms and procedures, as may be.necessary to properly operate the depart- ment and to monitor and control personnel transac- tions (1) To make an annual report to the City Manager regard - ing the activities of the department and such special - 31 - 411 111 reports as he may consider desirable, or may be re- quested by the City Manager (m) To consider all suggestions from department and agency heads, supervisors, the public, and employees or their representatives, pertaining to any phase of the personnel program. (n) To establish and maintain personnel records of each employee, except those records maintained by the Commission; to perform such other duties as may be required by the City Charter, this Code, or by the City Manager CHAPTER 3 DEFINITIONS [6-1 -1] 6-3 -1: DEFINITIONS For the interpretation of this Title and the Civil Ser- vice Rules adopted by the City Council the following words and terms shall be construed as follows [(a) Allocation of classes to pay grades The assign - of a class to an occupational grade ] [(b)] (a) Allocation of positions [to classes] . The assignment of a position to a particular class deter- mined by the duties and responsibilities of the class which it most closely resembles [(c)] (b) Applicant. A person who has filed application for examination [(d)] (c) Appointment The act of employment, by the City. Manager or by a department head with the approval of the [director] City Manager. [(e)] (d) Candidate A person who has applied for and qualified to take an examination (e) Civil Service Office Quarters provided for the Commission, the Commission staff and the appropriate Commission records. - 32 - (f) Civil Service status. The combined rights acquired by appointment and successful service for the proba- tionary period (g) Class or class of positions. A position or group of positions sufficiently similar in respect to their duties and responsibilities that the same require- ments are required of the applicants, that the same tests of fitness are used to choose qualified em- ployees, that the same descriptive title may be used to designate each of them, and that the same pay grade is established for each of them (For example, "senior clerk stenographer" is a class, while "secre- tary to the Director of Public Works" is a position) (h) Classification [The process of relating groups of positions on the basis of their current duties and responsibilities under descriptive titles which are defined by a class specification Classification includes: allocation of classes to occupational grades and allocation of positions to classes ] The process of grouping positions or placing a position into a class on the basis of similarity of duties, responsi- bilities and qualifications (i) Classified service All positions now existing and not hereafter abolished or created, except [provi- sional, temporary, emergency employees or] those enumerated in Section 8 -5 of the Charter of Pueblo (j) Class specifications. An outline or description of a class containing the nature of the work to be per- formed and the relative responsibilities of the positions in the class; illustrative examples of work performed in the class; qualifications in terms of knowledge, skills and abilities necessary for per- formance of the work; and a statement of experience - 33 - and training desirable for recruitment into the class [(j)] (k) Commission or commissioner. The Civil Service Commission or a Civil Service Commissioner [(k)] (1) Demotion. Change of employment to a class hav- ing a lower pay grade. [(1)] (m) Director The Director of Personnel [(m)] (n) Disabled veteran. A veteran who was disabled as a result of such service as shown by records in the United States Veterans' Administration [(n)] (o) Discharge or Dismissal Termination of employ- ment of an employee for cause and with prejudice [(o)] (p) Eligible. A person who has successfully passed an examination and whose name is recorded on an eli- gible list [(p)] (q) Eligible list A record of the names of those persons who have successfully passed an examination for employment in a specific. class [or position,] arranged in order of their relative ratings [(q) Emergency employee. An employee appointed under the provisions of Section 6 -6 -25 of this Title ] (r) Employment list. Any list of candidates eligible for appointment including eligible, re- employment and reinstatement lists (s) Examiner The [Director, personnel clerk, Commis- sion staff or such other person or agency as may be authorized by the Commission to conduct tests (t) Experience Having served in any position with simi- lar duties and responsibilities, whether or not as a City employee. [(t)] (u) Lay -off or reduction in force The separation without prejudice of a nonprobationary employee from the service on account of reduction in personnel, - 34 - resulting in the placement of [his] the employee's name on a reinstatement list. [(u)] (v) Part -time employee [Employees not within the classified service who work regularly or permanently but whose total annual service is less than eight (8) months per year.] An employee who works, no more than the equivalent of eight (8) months in any one year in temporary, part -time, incidental, or emergency status Such employees are not within the classified service [(v)] (w) Pay -grade A particular salary range [(w)] (x) Personnel [and Civil Service] office Quarters provided for the Director, [Commission, their] person- nel staff and the personnel records [(x)] (y) Position A particular or specific job to be filled by an employee [(y)] (z) Probationary period The period immediately following an appointment, either entrance or promo- tional. [(z) Provisional employee. An employee appointed under the provisions of Section 6 -6 -23 of this Title ] (aa) Probationary employee. An employee during the period immediately following an appointment, either entrance or promotional (bb) Reclassification The act, when duties, responsibil- ities, or qualifications of an existing position hav- ing substantially changed so that the position is no longer similar to other positions in a class, of determining that the position should be in a new or other existing class. (cc) Re- employment list. A record of the names of employees who have resigned, terminated, or left the service of the City in the classified service and who are en- titled to re- employment in the order prescribed by - 35 - these rules whenever vacancies occur in the position or class for which they are eligible [(aa)] (dd) Reinstatement list. A record of the names of employees who have been laid off from, or replaced in, permanent positions in the classified service and who are entitled to re- employment in the order prescribed by these rules whenever vacancies occur in the position or class for which they are eligible [(bb)] (ee) Removal The termination of a probationary employee [(cc)] (ff) Replacement The right of an employee laid off to "bump" an employee who is in a lower class and has less total service in the department or City [(dd)] (gg) Salary schedule A list established by the City Council of pay grades and basic work weeks for all positions in the City service [(ee) Seasonal employee. An employee appointed under the provisions of Section 6 -6 -24 of this Title.] (hh) Service. Service as a City employee [(ff)] (ii) Shall and may. The word "shall" is mandatory and the word "may" is permissive [(gg)] (jj) Suspension. The temporary separation of an employee from his position with loss of pay as a dis- ciplinary measure. [(hh)] (kk) Test. One unit part of an examination. [(ii)] (11) Veteran. Any person who has served in the United States Army, Navy, Marine Corps, Coast Guard, Air Force or as an active nurse in the service of the American Red Cross or in the Army or Navy Nurse Corps for a period of thirty (30) days or more in time of war (April 6, 1917 to November 11, 1918; December 7, 1941 to July 25, 1947); or during the Korean police action (June 26, 1950 to January 31, 1955); or who - 36 - has served on active duty for a period of more than 180 consecutive days after January 31, 1955, not including service under the provisions of Section 511(d) of Title 20 (U S C A ) pursuant to an enlist- ment in the Army National Guard or the Air National Guard or as a reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, and received a discharge under conditions other than dishonorable, or has been released from active duty under conditions other than dishonorable [(jj)] (mm) Weight The fixed numerical value given to each part of an examination designating the relative worth thereof and used in computing a general rating CHAPTER 4 CLASS SPECIFICATION [6 -6 -33] 6 -4 -1 [CLASS] SPECIFICATIONS All positions in the classified service shall be grouped by the Director into classes and each class shall include those positions sufficiently similar in respect to their duties and responsibilities so that similar requirements as to training experiences, knowledge, skill and personal qualities are.appli- cable thereto All positions in the same class shall be filled from the same eligible list and shall be [allocated to] in the same pay grade In determining the class [to] in which a position [should be allocated,] is to be included, the specifications of each class shall be considered in its entirety and in' relation to the specifications of all other classes [6 -6 -34 LINES OF PROMOTION For purposes of replacement following lay -off, and such other purposes as the commission may direct the Director shall show on each class specification sheet the line of promotion to and from that position ] - 37 - (c) Any employee or employees or employee representative may request in writing a classification review of his own or their positions at any time, providing the position has not been reviewed within the previous six (6) months The request shall be filed with the department head and the department head shall forward the request to the Director within ten (10) days with his comments and recommendation. (d) The Director shall act on any request involving an individual •osition within thirty (30) days, and on any re- quest involving several positions as promptly as possible, but not more than ninety (90) days, after receipt of such request The Director shall not reclassify any position or group of positions without the approval of the City Manager (e) The Director may, at any time, request a class specification to insure proper classification [6 -6 -37] 6 -4 -5 APPEAL FROM CLASSIFICATION [TRANSFER] OR [REPLACEMENT] RECLASSIFICATION Written notice of classification, reclassification, or allocation of positions shall be given by the Director to the City Manager, department head, affected employees, and other interested parties, at least thirty (30) days before such action shall become effective Within ten (10) days of receipt of said notice [of classification change, trans- fer, replacement action,] or failure of the [proper party] Director to take such action, any department head, affected employee or group of employees or employee representatives may request a hearing thereon before the Commission pursuant to Chapter 12 of this Title. [Within thirty (30)] Ten (10) days after full hearing and investigation the Commission shall determine whether such action shall be sustained, or rejected [, modified, or required and such determination shall be final except for appeal to the district court in accordance with sec- tion 6- 5 -28.] - 39 - CHAPTER 5 COMPENSATION; PAY SCHEDULE; LONGEVITY ARTICLE I COMPENSATION; SALARY SCHEDULE [6 -8 -1] 6 -5 -1 PAY GRADES ESTABLISHED BY COUNCIL The City Council, upon recommendation of the City Manager, shall establish the salary schedule and hours for all classes of positions in both the classified and unclassified service Overall salary changes in the pay schedule may be requested by employees, their representatives, or by the City Manager and may be approved by the Council at any time [, and shall not be subject to the limitations of section 6 -6 -36 which requires that individual classification changes be considered only in June and December.] Provided, however, no adjustment in the compensation plan may be made within any fiscal year which will result in expenditures greater than those for which appropriation or approved transfer of funds have been made 6 -5 -2 PURPOSE OF THE SALARY SCHEDULE The purpose of the salary schedule is to provide a pay plan that will enable the City of Pueblo to recruit and retain an adequate number of competent employees The pay plan shall be used (a) To provide for equal compensation for work of equi- valent duty and responsibility as nearly as reason- ably possible (b) To establish a method of rewarding employees for continued good and outstanding service (c) To establish pay rates which compare favorably with those of public and private employers compet- ing for employee skills similar to those utilized by the City of Pueblo (d) To facilitate adjustments to changing economic and employment conditions requiring changes in pay levels and inter - relationships of classifica- tions. } - 40 - i . r 411 111 [6 -8 -7] 6 -5 -3 [RESPONSIBILITIES OF ADMINISTRATION] MAINTENANCE OF THE SALARY SCHEDULE [(a) Director ] The Director shall be responsible for the administration of the compensation and classification pro- visions of this Title including processing of salary advance- ments, determination of proper salary rates within provisions of this Title, and other [directions] directives of the City Manager, and policy of the City Council [City Council, and the preparation of recommendations and initiation of revi- sions to the salary schedules on the basis of changes in the cost of living and prevailing rates of pay and working condi- tions for comparable positions outside the City service; thereby maintaining balanced relationships between the City salary schedule and the salaries of comparable positions in the community (b) Council The City Council shall from time to time make revisions of, or additions to, these rules in accordance with section 6 -11 -1 to provide policy directives for handling new and changing problems of personnel administration The Council shall consider revision of the salary schedule upon recommendations of the City Manager whenever, in their opinion, changed conditions in the cost of living or prevail- ing salary rates make such changes desirable Any change in the salary schedule shall require approval of the City Council ] In carrying out this function, the Director shall (a) Annually review, or cause to be reviewed, the salaries being paid by public and private employers in the recruiting area by survey of selected key classes among a fair sample of employers (b) Relate pay grades directly to the position classi- fication plan for the classified service Pay grades shall be determined with due consideration - 41 - 411 411 to pay grades for other classes, the relative diffi- culty and responsibility of work in the several classes, the recruiting experience of the City, the availability of employees in particular occupa- tional categories, prevailing rates of pay for similar employment in private and other public jurisdictions in the area or as conditions ma dic- tate, employee turnover, cost of living factors, and the financial policies and economic considera- tions of the City The pay grades assigned the several classifications shall be those which most nearly reflect these factors 6 -5 -4 EMPLOYEE. REPRESENTATION; SALARIES; BENEFITS The City Manager may designate the Personnel Director or other persons of his choosing, for the purpose of carrying on conferences regarding wages, fringe benefits and conditions of employment for City employees. The City and the employee representative(s) shall commence any conferences relating to such request no later than thirty (30) days after receipt of such request [6 -8 -2] 6 -5 -5 ENTRANCE SALARY RATES (a) Initial employment Original appointment to any position shall be made at the entrance rate and advancement from the entrance rate to the maximum rate within a pay grade shall be by successive steps[ ] _ (1) Upon recommendation by the department head and the Director, the City Manager may approve initial compensation at a rate higher than the minimum rate in salary schedule; provided, the position in- volves executive, administrative or professional duties and responsibilities; [and provided further,] such exception is based on the outstanding and un- usual character of the employee's experience and - 42 - ability over and above the minimum qualifications specified for the class; or provided there is a lack of available eligibles at the entrance rate Whenever appointment above the minimum rate is authorized, all positions in that class who are in a step of the pay grade below the recruitment grade level shall be increased to the recruitment salary (2) Upon recommendation of the department head and the Director, the City Manager may approve initial com- pensation at a rate lower than the entrance rate in the salary schedule when the position is to be filled with a trainee under the provisions of 6- 2 -1(h) of this Title. Upon satisfactory completion of the training period, the incumbent shall be paid at the entrance rate in compliance with these rules (b) Return to Duty -- Reinstatement When an employee [returns to duty] is reinstated in the same class of position after a separation from the City service of not more than [one] two years, which separation was through no fault of the employee and not due to discreditable circumstances, such employee shall receive the rate in the salary schedule corresponding to the step rate received at the time of separation and shall subse- quently serve thereat for at least such period as is normally required for advancement to the next higher salary rate Any employee who is drafted or who leaves the City service to enter the active service of the armed forces of the United States and who is subsequently reinstated to a posi- tion previously held by him shall be entitled to receive a salary at the step rate to which he would have been entitled had his service with the City not been interrupted by entry into the armed forces. Any nonrequired re- enlistment shall automatically terminate the provisions of this Chapter for any City employee - 43 - 410 410 (c) Return to Duty - -Re- employment. Whenever a former employee is re- employed in the same class after a, voluntary separation, which separation was not by action of the City or due to discreditable circumstances, and after. separation from the City services, of not more than .2 years, such em- ployee may, with,the approval of the City Manager,.,., receive the rate in the salary schedule corresponding to the, step rate received at.the__time of separation and shall subsequently serve thereat for at least such period as is normally.required for advancement to the next higher step or salary rate [(c)] (d) New Position. When[ever] an employee is assigned or transferred pursuant to Section 6 -8 -11 of this Title,,_ to duty in a position not previously held by him and such change is not in the nature of a promotion, he shall re- ceive the entrance rate in the salary schedule established for such position, [or such other rate within the applicable salary schedule as he may be entitled to by reason of crediting him in his new position with such prior service that is found to meet the following conditions:] unless the character and nature of the duties of the position [to which the employee was assigned] or positions formerly held by the employee are similar to those of the new position [; the service in the former position pro- vided] and provide experience valuable to the performance of the new position; in which case, the employee shall receive the rate of pay in.the salary schedule established for such position that will provide at least the same rate of pay he was receiving. in, his former position [6 -8 -3] 6 -5 -6 ADVANCEMENT -- PROBATIONARY SALARIES [(a) First advancement Upon satisfactory conclusion of six (6) months of the probationary period after initial appoint- ment, and upon satisfactory completion of the probationary period, upon promotion, the salary of the employee shall be advanced one -half of the increment to the next higher step in the pay grade for the class in which his position is assigned - 44 - In the event the employee does not satisfactorily complete his probationary period, he shall be removed from the service in accordance with Section 6 -5 -21 ] [(b) Second and subsequent advancement ] At the com- pletion of the first year of service, the employee shall auto- matically advance to the next higher rate in the appropriate pay grade, provided his service has been determined by the department head to be satisfactory. Subsequently, the employee shall be automatically advanced to the next higher rate, if any, at the conclusion of each succeeding year of satisfactory service in his position until he has reached the maximum rate of the salary schedule appropriate to the class to which his position is allocated [(1)](a) Probation certification [In the case of salary advancement upon completion of probation, the recommendation shall include the certification] At the conclusion of °a satisfactory one = (1) year probation period, the department head shall certi- fy that the probationary period has been success- fully completed [(2)](b) Nonadvancement, unsatisfactory work If, in the opinion of the department head concerned, the work of an employee in his department has not been satisfactory during the year prior to his eligibility for salary advancement, he shall give a statement to the City Manager and Personnel Director showing the reason or reasons why the employee's work has not been satisfactory A copy of this statement shall be furnished the employee concerned and the department head shall discuss with the employee the reason(s) for his not receiving the pay increases. Any employee or his designated representative shall - 45 - 411 410 have the right to the consideration of any re- quest for adjustment in the event that his de- partment head states that the employee's work in the preceding year has not been satisfactory for salary advancement In such case, the em- ployee or his designated representative [shall] may submit the matter to the grievance procedure of Section 6 -11 -2 An employee who has been denied a pay increase due to unsatis- factory work shall be granted such increase at such time as the department head determines that his performance has sufficiently improved to justify the increase [(3)](c) Back pay. In the event that the employee did not receive the advancement in salary due him under the provisions of this chapter, and it is subsequently determined, in the manner prescribed above, that the employee was entitled to this advancement in salary, then such advancement in salary shall be paid to the employee from the date on which he was originally entitled to said advancement in salary [6 -8 -4] 6 -5 -7: COMPUTATION OF SALARIES (a) Full Time Permanent Employees For all employees the hourly rates to be used as a basis for overtime pay and deductions for each hour of lost time during which pay is not authorized, and for computing plus rates in accordance with the provisions of subparagraph (d) of this section shall be established by the salary schedule (b) Part -Time, [Temporary, Provisional, Emergency] Employees All part -time [temporary, provisional and emer- gency] employees shall be compensated at an hourly rate, equi- valent to the entrance salary in the schedule for the class in which employed. Such employee may be advanced in pay based upon - 46 - 410 410 satisfactory service in the same manner as full time permanent employees except that only actual hours of work shall be con- sidered for such advancement. Part -time [Temporary, provi- sional and emergency] employees shall be paid only for actual hours worked and shall not receive vacation or sick leave allowances Permanent part -time employees [whether or not] in the classified service, shall receive: vacation and sick leave on a pro -rata basis Permanent part -time employees shall be compensated at a pro -rata share of the monthly salary provided for the applicable class and shall in all other respects be considered a monthly employee (c) Rate of pay on promotion In any case when an em- ployee is promoted to a class with a higher pay grade and if the higher pay grade includes more than.one step, the entrance salary rate shall be at the lowest step in the higher salary schedule that will provide an increase over the salary received immediately prior to such promotion and at least one -half step increment above. the highest salary received ay any employee supervised by him. Subsequent advancement to the maximum rate, if any, will be on the same basis as [subsection (b) of] Sec- tion [6 -8 -3] 6 -5 -6 (d) [Plus Rates for Special Skills] Rate of Pay for.Work ing in Higher Class In any case when an employee is qualified for and required to serve in and accept responsibility for work in a position in._a higher class [of position] for a period in excess of two (2) successive work days or one (1) 24 -hour duty shift, such employee, while so assigned shall receive as salary rate two (2) class grades higher than his or her class grade as established by the class grades salary schedule in Section [6 -8 -22] 6 -5 -17, or two (2) class grades higher than any employee supervised by him. (e) Rate of Pay on Demotion. When an employee is demoted from a position in one class to a position in another class - 47 - having a lower : pay grade, his rate of pay shall be determined as follows (1) Demotion Because of Failure to Complete Probationary Period When an employee is demoted because of failure to satisfactorily complete a probationary period in a promotional position, his pay rate shall be reduced to the step in the pay grade he had been promoted from which he would be eligible for had he not been promoted (2) Demotion Because of Layoff or Reallocation of Position When an employee is demoted because of layoff, procedures or because his position was reclassified to a lower class, his rate of pay in the class to which he is demoted shall be the step in the pay grade nearest to but not exceeding that of his rate of pay in the higher class, provided funds are available in the case of layoff In the event funds are not available, his rate of pay shall be the highest step that can equit- ably be paid to all employees similarly affected by the layoff (3) Demotion Because of Unsatisfactory Performance. When an employee is demoted due to unsatisfactory perfor- mance from a position in one class to a position in a lower class, his rate -of pay shall be reduced at least one (1) step below the rate of pay he was re- ceiving in the higher class, and shall be reduced to a step within the pay grade for the class to which he is demoted (4) Demotion Because of Employee Request. When an em- ployee is voluntarily demoted from a position in one class to a position in a lower class at his own re- quest, the pay rate may remain the same provided it does not exceed the maximum step of the pay grade for the lower class. - 48 - [6 -8 -41] 6 -5 -8 [DEFINITIONS] WAGE DIFFERENTIALS This section shall apply only in those departments other than the fire and police departments where two or more shifts are worked in any particular classification (a) Full -time permanent employee whose shift shall commence on or after 12 00 o'clock Noon of any work- ing day and whose shift shall terminate on or before 12 00 o'clock Midnight of that same day shall re- ceive an additional nine (9) cents per hour for each hour worked on such shift. (b) A full -time permanent employee whose shift shall commence on or after 12 00 o'clock Midnight of any working day and whose shift shall terminate on or before 12 00 o'clock Noon of that same day shall receive an additional nine (9) cents per hour for each hour worked on such shift. [6 -8 -8] 6 -5 -9: EMPLOYEE REQUESTS FOR COMPENSATION ADJUSTMENTS Any employee or his designated representative shall have the right to the consideration of any request he may have with respect to [changes in the] any claim of erroneous appli- cation of the compensation plan to his position. Such request shall be considered a grievance and shall be subject to the procedures and limitations set forth in [Chapter 10] Section 6 -11 -2 of this Title [6 -8 -5] 6 -5 -10 OVERTIME WORK (a) Administration. The full time work week as provided by Council shall not be restrictive in relation to officers and employees in positions equivalent to or above that of assistant fire chief These employees are considered executive, adminis- trative, or professional, and are compensated according to their professional capabilities and their assigned responsi- bilities irrespective of the hours required each week to fulfill such responsibilities [In emergencies] A department - 49 - head may prescribe, with the approval of the City Manager, reasonable periods of overtime work to meet operational needs Such overtime shall be reported and justified as required by the City Manager (b) Compensation Employees shall be compensated for authorized overtime work at the rate of time and one -half in cash or time and one -half off, whichever is agreed upon be- tween the department head and the employee. Only such hours as are worked in excess of the prescribed basic work week or such hours as are worked in excess of the basic daily work shift, except as hereinafter excluded, shall be so compensated Officers and employees with classification titles below shall not be eligible for overtime compensation in cash, but may be granted compensatory time off by the. City Manager City Attorney Assistant City Manager Assistant City Manager for Planning and Development Director of Personnel Assistant City Attorney City Clerk [Attorney II] [Attorney I] Fire Chief Assistant Fire Chief Director of Aviation Director of Finance Director of Purchasing Assistant Director of Finance Chief Building Inspector Street and Shop Superintendent Traffic Control Superintendent Assistant Street and Shop Superintendent - 50 - 111 111 Director of Parks [Recreation Activity Coordinator] Assistant Director of Parks Sewage Plant Superintendent Police Chief Deputy Chief Zoning Administrator Transportation Director Police Captain Director of Public Works Traffic and Planning Engineer Sr Civil Engineer - -Const Sr Civil Engineer -- Design Civil Engineer Special arrangements other than straight time and one -half compensation may be authorized by the City Manager. (c) Meal Periods During Overtime Work An employee having a basic work shift of eight (8) hours who is required to work more than ten (10) consecutive hours shall be provided a thirty (30) minute meal period at the overtime rate of com- pensation at some time between the tenth (10th) and twelfth (12th) consecutive hour of work. (d) Pay or Compensatory Time for Call -back An employee called back to perform emergency work prior to the beginning of his next regular shift shall be compensated at the rate of time and one -half in cash or time and one -half off An em- ployee called back for emergency work shall be compensated at the overtime rate: for a minimum of two and two - thirds. hours This provision shall not apply to those employees assigned to and compensated for stand -by purposes In no case shall a shift change or re- assignment to another shift as herein pro- vided be construed to be emergency work - 51 - (e) Change of Working Shift - Notice Any regular working shift may be changed upon six hours notice to the employee by his immediate supervisor, division chief or department head; provided, however, there shall be at least six hours between the time of completion of the preceding shift, including overtime, and the commencement of the shift to which assign- ment is made, except for in- service training in which case only four hours shall be required (f) Assignment of Work -- Overtime and Call -back When it is necessary for employees to be called back or to work overtime, such work ordered shall be allocated as equitable and practical as possible to employees qualified as deter- mined by the department head to perform the work [6 -8 -6] 6 -5 -11: MAINTENANCE IN KIND (a) Quarters Where public quarters are provided, the City shall charge and deduct from the salaries of employees thus furnished quarters a reasonable sum for rent, except in the case of those employees required to live on the premises of City property in order to protect such property, the same to be determined by the City Manager and approved by the City Council on the basis of current housing costs in the community (b) Automobile allowance. An officer or employee of the City who is required and specifically authorized by the City Manager to operate his personally -owned automobile in conduct of City business shall be paid in mileage of [seven] ten cents per mile for such travel In the case of regular monthly travel in such manner, the City Manager may estimate the average number of miles traveled per month and authorize a monthly allowance on the basis of such estimate at the rate of [seven] ten cents per mile, such estimate to be in lieu of a day to day record of mileage so traveled. - 52 - 411 410 (c) Uniform allowance (1) Each member of the. Police Department so directed by the Chief of Police shall be required to fur - nish and wear such uniforms as shall be pre- scribed by the regulations of the Police Depart- ment In January of each year, the sum of Two Hundred Dollars ($200 00) shall be paid to each employee of the Police Department required to wear the official uniform In the event such employee leaves the service of the City during the ensuing year, the sum of Sixteen Dollars and sixty -six cents ($16 66) shall be deducted from such employee's final salary payment for each month remaining in that calendar year (2) Each member of the Fire Department so directed by the Fire Chief shall be required to furnish and wear such uniform or uniforms as prescribed by regulations of the Fire Department In -January of each year there shall be paid the sum of One Hundred Seventy -Five Dollars ($175 00) to - each employee of the Fire Department required to wear the official uniform. In the event such employee leaves the service of the City during the ensuing year, the sum of Fourteen Dollars and fifty -eight cents ($14 58) shall be deducted from such employee's final salary payment for each month remaining in that calendar year (3) The sum of Ten Dollars ($10 00) shall be paid monthly to permanent, full -time parking enforcers who are authorized and directed to wear an offi- cial uniform Such sum shall be paid only when the individual's accrued pay (including pay for - 53 - authorized vacation leave) for the month ex- ceeds fifty per cent of the monthly rate estab- lished for the position and shall not be pro- rated (4) All employees of the Public Works, Parks, Trans- portation and Airport Departments who are author- ized and directed by the department head to wear the official City uniform shall be paid Seventy - five Dollars ($75 00) per year The uniform ,shall be marked "City of Pueblo ", and with the name of the department involved inscribed there- on In the event such employee leaves the ser- vice of the City during the year, the sum of Six Dollars and twenty -five cents ($6 25) shall be deducted from such employee's final salary payment for each month remaining in that calendar year 6 -5 -12 thru 6-5-15 RESERVED ARTICLE II-- CLASSIFICATION AND PAY PLAN [6 -8 -21] 6 -5 -16: SCHEDULE -- CLASSIFICATION, WORK WEEK, AND MONTHLY SALARY The following shall constitute the classification and pay for all employees of the City (effective January 1, 1973) CURRENT MONTHLY SALARY SCHEDULE HOURS IN CLASSIFICATION BASIC TITLE WORK CLASS EN- 2ND 3RD 4TH WEEK GRADE TRANCE YEAR YEAR YEAR ADMINISTRATIVE 1 -1 * Ass't City Manager 40 -- 1333 1 -2 *Ass't to City Manager for Planning & Develop. 40 -- 1333 1 -3 *Ass't City Mgr.; Re- creation Coordinator & Golf Supervision 40 72 1250 .1 -4 *City Clerk 40 -- 1167 .1 -5 *Ass't to City Mgr. 40 57 906 1 -6 *Administrative Ass't to City Manager 40 44 689 - 54 - III Allik III CURRENT MONTHLY SALARY SCHEDULE-- Cont'd HOURS IN CLASSIFICATION BASIC TITLE WORK CLASS EN- 2ND 3RD 4TH WEEK GRADE TRANCE YEAR YEAR YEAR ACCOUNTING 2 -1 *Director of Finance 40 -- 1625 .2 -2 Ass't Dir of Finance 40 67 1121 .2 -3 *Director of Purchasing 40 65 1074 2 -4 Chief Accountant 40 60 965 2 -5 Sr Tax Auditor 40 57 906 .2 -6 Tax Auditor 40 54 851 ENGINEERING . 3 -1 *Dir of Public Works 40 -- 1625 .3 -2 Civil Engineer - Design 40 76 1365 3 -3 Civil Engineer - Construction 40 72 1250 .3 -4 Civil Engineer 40 62 1007 3 -5 Survey Party Chief 40 55 869 3 -6 Assoc Engineer I 40 54 851 . 3 -7 Constr Inspector 40 53 833 3 -8 Engr Draftsman 40 46 719 .3 -9 Instrumentman 40 46 719 . 3 -10 Engineering Aide 40 40 520 541 586 635 SUPERVISION 4 -1 Streets &.Shop Supt 40 67 1121 . 4 -2 Ass't Streets and Shop Superintendent 40 62 1.007 4 -3 Sewer Maint Foreman 40 53 833 .4 -4 Street Maint Foreman 40 53 833 .4 -5 Street Maint Inves- tigator 40 42 541 563 610 661 INSPECTION 5 -1 Chief Bldg Inspec 40 65 1074 . 5 -2 Building Inspector 40 53 833 5 -3 Electrical Inspector 40 53 833 .5 -4 Gas Inspector 40 53 833 5 -5 Plumbing Inspector 40 53 833 .5 -6 Building Trades Technician 40 53 833 ZONING . 6 -1 *Director of Zoning 40 65 1074 SKILLED TRADES . 7 -1 Shop Foreman 40 56 887 7 -2 Bldgs & Grounds Superintendent 40 54 851 . 7 -3 Painter Working Foreman 40 49 767 7 -4 Auto Mechanic 40 47 735 .7 -5 Painter 40 47 735 .7 -6 Carpenter 40 47 735 7 -7 Concrete Finisher 40 47 735 7 -8 Bldgs & Grounds Maint Mechanic 40 47 735 7 -9 Stage Hand 40 44 689 - 55 - 410 410 [6 -6 -31] 6 -4 -2 PRESENT CLASSIFICATIONS REMAIN IN EFFECT All classifications, allocations, pay grades and job descriptions shall remain in effect until changed in accord- ance with [these rules] this Title All employees, subject to the provisions of this Title, shall retain their seniority on their respective jobs Future employees will ba examined according to the classifications then in effect 6 -4 -3 CLASSIFICATION OF NEW POSITIONS When a new position is established, the City Manager or department head shall submit to the Director, a written notification of its establishment, together with a written job description of the duties assigned. The Director shall investigate and analyze the duties assigned and allocate the position to an appropriate existing or a new Classifica- tion and shall, with the approval of the, City Manager, estab- lish the effective date, which date shall be no later than the date the position was filled or is to be filled. 6 -4 -4 REPORTING CHANGES IN DUTIES, RECLASSIFICATION (a). Whenever permanent substantial changes in the duties and responsibilities assigned a position.are made, the 4 department head..shall, within thirty (30) days after the date he becomes aware of such changes, notify the Director on the prescribed personnel form, together with a written class specification, setting forth the actual and essential duties and.respons:ibilities assigned to the position (b) Any department head may 'request in writing a classi- fication review of any position or positions in his department at any time,, providing the position has not been reviewed within the previous six (6) months. Such requests shall be submitted to the. Director on the prescribed personnel form, together with a written class specification setting forth the actual and essential. duties and responsibilities of the position - 38 - lil 111 CURRENT MONTHLY SALARY SCHEDULE -- Cont'd HOURS IN CLASSIFICATION- BASIC TITLE WORK CLASS EN- 2ND 3RD 4TH WEEK GRADE TRANCE YEAR YEAR YEAR EQUIPMENT OPERATORS 8 -1 Equip. Operator IV 40 49 767 8 -2 Equip. Operator III In Charge 40 49 767 8 -3 Equip. Operator III 40 47 735 8 -4 Equip. Operator II 40 42 541 563 610 661 8 -5 Equip. Operator I 40 40 520 541 586 635 PLANT OPERATION 9 -1 Sewage Plant Sup't 40 66 1097 .9 -2 Ass't Sewage Plant Superintendent 40 55 869 9 -3 Sewage Plant Operator 40 48 751 .9 -4 Ass't Sewage Plant Operator 40 39 510 531 575 623 PARKS 10 -1 *Director of Parks & Recreation 40 -- 1375 10 -2 Ass't Dir of Parks 40 62 1007 10 -3 Park Foreman 40 53 833 .10 -4 Tree Inspector 40 53 833 10 -5 Florist 40 47 735 10 -6 Sr Zoo Keeper 40 47 735 10 -7 Parks Maintenance Mechanic 40 47 735 10 -8 Gardener 40 42 541 563 610 661 10 -9 Zoo Keeper 40 42 541 563 610 661 .10 -10 Park Caretaker 40 40 520 541 586 635 10 -11 Recreation Clerk- Coordinator 40 30 430 446 481 520 SEMI - SKILLED 11 -1 Sewer Maint'man II 40 43 552 575 623 675 .11 -2 Mechanic Helper 40 40 520 541 586 635 11 -3 Broom Maker 40 39 510 531 575 623 .11 -4 Sewer Maint'man I 40 39 510 531 575 623 .11 -5 Parking Meter Repairman 40 39 510 531 575 623 11 -6 Garage Serviceman 40 37 491 510 552 598 11 -7 Parking Meter Collector 40 36 481 500 541 586 .11 -8 Laborer 40 34 463 481 520 563 11 -9 Building Custodian 40 33 455 472 500 552 POLICE 12 -1 *Police Chief 40 -- 2083 .12 -2 Deputy Chief 40 77 1395 12 -3 Police Captain 40 69 1171 12 -4 Police Sergeant 40 61 986 12 -5 Ident Sergeant 40 61 986 .12 -6 Corporal 40 56 887 12 -7 Patrolman 40 54 689 719 783 851 .12 -8 Policewoman 40 54 689 719 783 851 - 56 - 5' III 111 CURRENT MONTHLY SALARY SCHEDULE -- Cont'd. HOURS IN CLASSIFICATION BASIC TITLE WORK CLASS EN- 2ND 3RD 4TH WEEK GRADE TRANCE YEAR YEAR YEAR 12 -9 Pound Master 40 43 55 575 623 675 12 -10 Police Matron 60 36 481 500 541 586 .12 -11 Pound Attendant 40 31 438 455 491 531 .12 -12 Parking Enforcer 40 30 430 446 481 520 FIRE 13 -1 *Fire Chief 56 79 1458 13 -2 Ass't Fire Chief 56 67 1121 .13 -3 Fire Captain 56 59 945 13 -4 Fire Engineer 56 54 851 .13 -5 Fire Fighter 56 52 661 689 751 816 POLICE AND FIRE GROUP 14 -1 Clerk Dispatcher - Operator 40 34 463 481 520 563 CLERICAL 15 -1 *Secy to City Manager 40 42 541 563 610 661 [ 15 -2 Deputy City Clerk 40 41 531 552 598 648] 15-(312 Senior Clerk Steno 40 37 491 510 552 598 .15 - [4]3 Senior Clerk Typist 40 37 491 510 552 598 15 -[5]4 Bookkeeping Machine Operator 40 36 481 500 541 586 15 -[6]5 Account Clerk 40 31 438 455 491 531 15 -[7]6 Clerk Typist 40 30 430 446 481 520 15 -[8]7 Bailiff 40 29 423 438 472 510 AIRPORT 16 -1 *Director of Aviation 40 -- 1270 .16 -2 Airport Superintendent 40 58 925 16 - Ass't To Director of Aviation 40 53 833 16 -4 Airport Maint Mechanic 40 47 735 16 -5 Airport Serviceman 40 42 541 563 610 661 TRANSPORTATION 17 -1 *Director of Transpor- tation 40 -- 1417 17 -2 Traffic & Transit Control Sup't 40 66 1097 17 -3 Traffic Operations Engineer 40 62 1007 .17 -4 Radio Engineer 40 62 1007 17 -5 Sr Traffic Signal Technician 40 50 783 17 -6 Traffic Engr Tech 40 48 751 17 -7 Traffic Signal Tech 40 47 735 17 -8 Radio Technician 40 46 719 .17 -9 Traffic Control Maintenanceman II 40 43 552 575 623 675 17 -10 Traffic Control Maintenanceman I 40 38 500 520 563 610 1 17 -11 Automotive Serviceman 40 31 438 455 491 531 - 57 - ry CURRENT MONTHLY SALARY SCHEDULE -- Cont'd. HOURS IN CLASSIFICATION BASIC TITLE WORK CLASS EN- 2ND 3RD 4TH WEEK GRADE TRANCE YEAR YEAR YEAR COUNCIL APPOINTIVE 18 -1 *City Manager 40 -- 2383 18 -2 *Magistrate 40 -- 1667 .18 -3 *Ass't Magistrate 40 -- 667 PERSONNEL .21 -1 Safety & Training Officer 40 59 945 *Unclassified Position [6 -8 -22] 6 -5 -17 HOURLY RATES AND CURRENT CLASS GRADES SALARY SCHEDULE The following shall be the hourly rate and overtime rate for each class grade (effective January 1, 1973) HOURLY RATE 1/2 Step Increments 40 'HOUR WEEK 60 HOUR WEEK 56 HOUR WEEK 2086 HRS PER YR 3128 HRS PER YR 2920 HRS PER YR. CLASS MONTHLY YEARLY HOURLY OVER- HOURLY OVER- HOURLY OVER= GRADE SALARY RATE RATE TIME RATE TIME RATE TIME ( 1) 266 3,192 1.53 2 295 ( 2) 270 3,240 1 55 2 325 ( 3 274 3,288 1 58 2 370 ( 4)- 278 3,336 1 60 2 400 ( 5) 282 3,384 1 6 2 430 ( 6) 286 3,432 1 6 2 475 ( 7) 290 3,480 1 67 2 505 ( 8) 295 3,540 1 70 2.550 ( 9) 30 3,600 1 73 2.595 ( 10) 305 3,660 1 75 2 625 ( 11) 310 3,720 1 78 2 670 ( 12) 315 3,780 1 81 2.715 ( 13) 321 3,852 1 85 2 775 ( 14) 326 3,912 1 88 2 820 ( 15) 332 3,984 1 91 2 865 ( 16) 337 4,044 1 94 2 910 ( 17) 343 4,116 1.97 2.955 ( 18) 349 4,188 2 01 3 015 ( 19) 355 4,260 2. 04 3 060 ( 20) 361 4,332 2 08 3 120 ( 21) 368 4,416 2 12 3 180 ( 22) 374 4,488 2' 3 225 ( 23) 381 4,572 2 19 3 285 ( 24) 387 4,644 2 23 3 345 ( 25) 394 4,728 2.27 3 405 ( 26) 401 4,812 2 31 3 465 ( 27) 408 4,896 2 35 3 525 ( 28) 415 4,980 .2 39 3 585 ( 29 423 5,076 2 43 3 645 ( 30) 430 5,160 2 47 3.705 ( 31) 438 5,256 2 52 3 780 ( 32) 446 5,352 2.57 3 855 (.33) 455 5,460 2 62 3 930 - 58 - , III 111 _ HOURLY RATE -- Cont'd 1/2 Step Increments 40 HOUR WEEK 60 HOUR WEEK 56 HOUR WEEK 2086 HRS PER YR. 312 HRS. PER YR 2920 HRS PER YR CLASS MONTHLY YEARLY HOURLY OVER- HOURLY OVER- HOURLY OVER - GRADE SALARY RATE RATE TIME RATE TIME RATE TIME ( 34) 463 5,556 2 67 4 005 1 78 2 670 ( 35) 472 5,664 2.72 4.080 1 81 2 715 ( 36) 481 5,772 2.77 4 155 1 85 2 775 ( 37) 491 5,89 2.82 4 230 1 88 2 820 ( 38) 500 6,000 2.88 4 320 1.92 2 880 ( 39) 510 6,120 2 93 4 395 1 96: 2 940 ( 40) 520 6,240 2 99 4 485 1 99 2 985 ( 41) 531 6,372 3 05 4.575 2 04 3.060 ( 42) 541 6,492 3 11 4 665 2 08 3 120 ( 43) 552 6,624 3.18 4 770 2 12 3.180 ( 44) 563 6,756 3.24 4 860 2.16 3.240 ( 45) 575 6,900 3 31 4.965 2 36 3 540 ( 46) 586 7,032 3 37 5 055 2 41 3.615 ( 47) 598 7,176 3 44 5.160 2 46 3 690 ( 48) 610 7,320 3 51 5.265 2 51 .3 765 ( 49) 623 7,476 3 58 5 370 2 56 3 840 ( 50) 635 7,620 3 65 5 475 2 61 3 9 ( 51) 648 7,776 3 73 5.595 2 66 3 990 ( 52) 661 7,932 3 80 5 700 2 72 4 080 ( 53) 675 8,100 3 88 5.820 2 77 4.155 ( 54) 689 8,268 3 :96 5 940 2 83 4 245 ( 55) 704 8,448 4 05 6 075 2 89 4 335 ("56) 719 8,628 4 14 6 210 2 95 4 425 ( 57) 735 8,820 4 23 6 345 3 02 4 530 ( 58) 751 9,012 4 32 6 480 3.09 4 635 ( 59) 767 9,204 4 41 6 615 3 15 4.725 ( 60) 783 9,396 4 50 6 750 3.22 4 830 ( 61) 799 9,588 4 60 6 900 3.28 4 920 ( 62) 816 9,792 4 69 7 035 3 35 5.025 ( 63) 833 9,996 4 79 7 185 3 42 5 .130 ( 64) 851 10,212 4 90 7 350 3 50 5.250 ( 65) 869 10,428 5.00 7 500 3 57 5 355 ( 66) 887 10,644 5.10 7 650 3.65 5.475 ( 67) 906 10,872 5 21 7.815 3 72 5.588 ( 68 925 11,100 5.32 7 980 3 80 5.700 ( 69) 945 11,340 5 44 8.160 3 88 5.820 ( 70) 965 11,580 5 55 8 325 3 97 5.955 ( 71) 986 11,832 5.67 8 505 4 05 6 075 ( 72) 1,007 12,084 5 79 8 685 4 14 6.210 ( 73) 1,029 12,348 5 92 8.880 4 23 6.345 ( 74) 1,051 12,612 6.05 9.075 4 32 6 480 ( 75) 1,074 12,888 6.18 9 270 4 41 6 615 ( 76) 1,097 13,164 6.31 9 465 4 51 6.765 77) 1,121 13,452 6.45 9 675 4.61 6 915 ( 78) 1,146 13,752 6 59 9.885 4 71 7 065 ( 79) 1,171 14,052 6.74 10 110 4 81 7.215 ( 80) 1,197 14,364 6 89 10.335 4 92 7 380 ( 81) 1,223 14,676 7.04 10 560 5 03 7 545 ( 82) 1,250 15,000 7 19 10 785 5 14 7 710 ( 83) 1,278 15,336 7.35 11 025 5 25 7 875 ( 84) 1,306 15,672 7 51 11.265 (. 85) 1,335 16,020 7 68 11.520 ( 86) 1,365 16,380 7 85 11 370 ( 87) 1,395 16,740 8.02 12.030 ( 88) 1,426 17,112 8 20 12 300 ( 89) 1,458 17,496 8 39 12.585 ( 90) 1,491 17,892 8.58 12 870 ( 91) 1,524 18,288 8 77 13.155 ( 92) 1,558 18,696 8 96 13 440 ( 93) 1,592 19,104 9.16 13 740 - 59 - 111 III :, HOURLY RATE -- Cont'd. 1/2 Step Increments 40 HOUR WEEK 60 HOUR WEEK 56 HOUR WEEK 2086 -HRS PER YR 3128 HRS PER YR 2920 HRS PER YR CLASS MONTHLY YEARLY HOURLY OVER- HOURLY OVER- HOURLY OVER- GRADE SALARY RATE RATE TIME RATE TIME RATE TIME ( 94) 1,627 19,524 9.36 14 040 95) 1,663 19,956 9 57 14.355 ( 96) 1,699 20,388 9.77 14 655 ( 97) 1,736 20,832 9 99 14 985 ( 98) 1,774 21,288 10.21 15 315 ( 99) 1,813 21,756 10 43 15 645 (100) 1,853 22,236 10 66. 15 990 CLASS GRADES SALARY SCHEDULE CLASS GRADE ENTRANCE RATE 2ND YEAR 3RD YEAR 4TH • YEAR ( 28) 415 430 463 500 ( 29) 423 438 472 510 ( 30) 43.0 446 481 520 ( 31) 438 455 491 531 ( 32) 446 463 500 541 ( 33) 455 472 510 552 ( 34) 463 481 520 563 ( 35) 472 491 531 575 ( 36) 481 500 541 586 ( 37) 491 510 552 598 ( 38) 500 520 563 610 ( 39) 510 531 575 623 ( 40) 520 541 586 635 ( 41) 531 552 598 648 ( 42) 541 563 610 661 ( 43) 552 575 623 675 ( 44) .56.3 586 635 689 ( 45) 575 598 648 704 ( 46) 586 610 661 719 ( 47) 5.98 623 675 735 ( 48) 610 635 689 751 ( 49) 623 64:8 704 767 ( 50) 635 661 719 783 ( 51) 648 675 735 799 ( 52) 661 689 751 816 ( 53) 675 704 767 833 ( 54) 689 719 783 851 ( 55) 704 735 799 869 ( 56) 719 751 816 887 ( 57) 735 767 833 906 ( 58) 751 783' 851 9.25 ( 59) 767 799' 869 945 ( 60) 783 81.6 887 965 ( 61) 799 833 906 986 ( 6 816 851 925 1007 ( 63) 833 869: 945 1029 ( 64) 851 887 965 1051 ( 65) 869 906 986 1074 ( 66) 887 925 1007 1097 ( 67) 906 945 1029 1121 ( 68) 925 965 1051 1146 ( 69) 945 986 1074 1171 ( 70) 965 1007 1097 119J ( 71) 986 1029 1121 12 ( 72) 1.007 1051 1146 1250 ( 73) 1029 1074 1171 1278 ( 74) 1051 1097 1197 1306 ( 75) 1.074 1121 1223 1335 ( 76) 1097 1146 1250 1365 - 60 - 111 III CLASS GRADES SALARY SCHEDULE -- Cont'd CLASS GRADE ENTRANCE RATE 2ND YEAR 3RD YEAR 4TH YEAR ( 77) 1121 1171 1278 1395 ( 78) 1146 1197 1306 1426 ( 79) 1171 1223 1335 1458 ( 80) 11'97 1250 1365 1491 ( 81) 1223 1278 1395 1524 ( 82) 1250 1306 1426 1558 ( 83) 1278. 1335 1458 1592 ( 84) 1306 1365 1491 1627 ( 85) 1335 1395 1524 1663 ( 86) 1365 1426 1558 1699 ( 87) 1395 1458 1592 1736 ( 88) 1426 1491 1627 1774 ( 89) 1458 1524 1663 1813 ( 90) 1491 1558 1699 1853 ( 91) 1524 1592 1736 1894 ( 92) 1558 1627 1774 1936 ( 93) 1592 1663 1813 1979 ( 94) 1627 1699 1853 2023 ( 95) 1663 1736 1894 2068 ( 96) 1699 1774 1936 2114 ( 97) 1736 1813 1979 2161 ( 98) 1 1853 2023 2209 ( 99) 1813 1894 2068 2258 (100) 1553 1936 2114 2308 [6 -8 -23] 6- 5 -1 TEMPORARY AND INTERMITTENT WORKERS The following shall constitute the rate of pay for all temporary and intermittent workers. (Effective April 9, 1973) HOURLY RATE (Stagehands) , Showtime* (In and Out) 19 -1 Carpenter $20.00 $4 00 .19 -2 Electrician,:Propertyman, Sound Operator, Spot Operator $2000 $4 00 .19 -3 Grips $14 00 $3 25 19 -4 Wardrobe $12 00 $3 00 19 -5 Pieceworker and Riggers $5 00 19 -6 Flyman $18 00 $3 75 19 -7 Carloaders $27 00 (Per Man for 2 1/2 Hours * Shows are three hours in duration Shows in excess of three hours will be pro -rated on the basis of the showtime rate Com- bined afternoon matinee and night show shall be pro -rated on the basis of one and one -half times the applicable show rate Minimum call other than shows Four hours. Overtime: One and one -half the hourly rate for more than eight (8) hours in one day, except that showtime shall not be con- sidered overtime or be computed as any part of the regular eight (8) hour working day. - 61 - [6 -8 -24] 6 -5 -19 UNCLASSIFIED SEASONAL AND PART TIME EMPLOYEES The following shall constitute the rate of pay for all seasonal and part time employees (Effective January l,, .19730 TITLE RATE 20 -1 Clerical Aide I 1 85 per hour 20-2 Clerical Aide II 2 00 per hour 20 -3 Clerical Aide III 2 25 per hour 20 -4 Park Maintenance Aide I 1 85 per hour 20 -5 Park Maintenance Aide II 2 00 per hour 20 -6 Park Maintenance Aide III 2 25 per' hour .20 -7 Park Maintenance Aide IV 2 50 pet hour 20 -8 Park Maintenance Aide V 3 00 per hour 20 -9 Park Recreation Aide I 1 60 per hour 20 -10 Park Recreation Aide II 2 00 per hour 20 -11 Park Recreation Aide III 2 25 per hour 20 -12 Park Recreation Aide IV 2 50 per hour .20 -13 Park Recreation Aide V 3 00 per hour .20 -14 Swimming Pool Manager I 2 50 per hour 20 -15 Swimming Pool Manager II 3 00 per hour 20 -16 Swimming Pool Manager III 3 25 per hour 20 -17 Swimming Pool Manager IV 3 50 per hour 20 -18 Swimming Instructor I 2 00 per hour 20 -19 Swimming Instructor II 2 25 per hour 20 -20 Swimming Instructor III 2 50 per hour 20 -21 Swimming Instructor IV 3 00 per hour 20 -'2.2 Swimming Pool Aides 1 60 per hour 20 -23 Cashier I 1 60 per hour 20 -24 Cashier II 1 85 per hour .20 -25 Cashier' III. 2 00 per hour 20 -26 Cashier IV 2 25 per hour .20 -27 Utility Worker I 1.85 per hour 20 -28 Utility Worker II 1 95 per hour .20=29 Utility Worker III 2 05 per hour 20 -30 Chain Man I 2.37 per hour 20 -31 Chain Man II 2 47 per hour. 20 -32 Chain Man :III 2 57 per hour 6 -5 -20: RESERVED ARTICLE III LONGEVITY [COMPENSATION] [6 -8 -31] 6 -5 -21 [AMOUNTS] LONGEVITY COMPENSATION Commencing with the month following completion of five years of actual continuous service as a permanent full -time employee of the City, each such employee shall receive, in addition to all other compensation for full -time services, the amount of $5 00 per month; following ten years of such - 62 - service, $10.00 per month, following fifteen years of such service, $15.00 per month; and following twenty years of such service, $20- 00 per month. In no event shall longevity compensation exceed $20 00 per month [6 -8 -32] 6 -5 -22 LONGEVITY COMPENSATION DURING LEAVES (a) Longevity compensation as stated above shall be paid to an employee while on authorized leave with pay Such longevity compensation shall not be paid to an employee for any month during which such employee shall be absent on leave without pay for.more than one -half the working time prescribed for that employee's job classification. Absence without leave as defined in Section [6 -7 -6] 6 -6 -12 shall forfeit all longevity pay for the month in which such absence occurs (b) For purposes of this section periods of authorized leave without pay shall not accrue as a part of the actual con- tinuous service necessary to qualify for longevity compensation Service as a permanent part -time employee may be accrued as a part of the actual continuous service necessary to qualify for longevity compensation under this section; provided, such per- iod of permanent part -time employment be accrued.on a percent- age basis, i e , two years of half -time service would accrue as one year of full -time service; and, provided further, that periods of permanent part -time service and full -time service are continuous (c) Periods of time during which an employee in the classified service is off work due to lay -off or reduction in force and is on a valid reinstatement list shall not con- stitute a break in continuity of service; provided, however, such periods of time shall not be accrued as a part of the actual continuous service necessary to qualify for longevity compensation CHAPTER 6 LEAVES [6 -7 -1] 6 -6 -1 HOLIDAYS (a) Designation. The following days are hereby declared - 63 - I , 111 410 holidays for all City officers and employees, with the excep- tion of police and firefighting personnel (1 The first day of January (New Year's Day) (2) The afternoon of the Friday preceding Easter Sunday (Good Friday) (3) The last Monday in May (Memorial Day) (4) The fourth day of July (Independence Day) (5) The first Monday in August (Colorado Day) (6) The first Monday of September (Labor Day) (7) The second Monday in October (Columbus Day) (8) The fourth Monday in October (Veterans' Day) (9) The fourth Thursday in November (Thanks- giving Day) (10) The twenty -fifth day of December (Christmas Day) When any holiday listed above falls on Saturday, the pre- ceding Friday shall be observed as the holiday, when the holi- day falls on Sunday, the following Monday shall be observed as a holiday For those employees scheduled to work on the Sunday holi- day, that day shall be considered the holiday. For those employees schedule& not to work on Sunday or Monday, the pre- ceding Saturday shall be considered the holiday In addition . to the above, any day may be designated as a holiday by pro- clamation of the Mayor upon approval of the City Council (b) Overtime work. No permanent employee shall lose pay as a result of authorized absence on a holiday A permanent: employee in any position under that of assistant fire chief shall be compensated for time worked on above holidays at the rate of time and one -half in cash or time and one -half off as agreed upon by the employee and department head concerned Employees in positions equivalent to or above that of assistant fire chief, may be granted compensatory time off for required work on a holiday at the discretion of the City Manager - 64 - t , Police and firefighting personnel shall be granted extra vacation allowance in lieu of holidays worked as provided in subsection [(d)] (f) of Section [6 -7 -2] 6 -6 -2 of this [Article] Chapter. (c) To vote Each employee working for the City on any election day shall be allowed such time off as is necessary to vote [6 -7 -2] 6 -6 -2 VACATION LEAVE (a) Definition As used in this :section "Firefight- ing personnel" means those employees in the Fire Department working an average of 5.6 hours per week "Police personnel" means non - clerical personnel assigned to the Police Depart- ment who are trained in and assigned to law enforcement acti- vities (b) Regular Every officer or employee in the City ser- vice, except those employed on an hourly basis as provided in subsection (b) of Section [6 -8 -4] 6 -5 -7, shall be allowed vacation leave with pay at the rate of twelve working shifts each year or six working shifts for the first six months of full time service with the City. Firefighting personnel shall be allowed vacation leave with pay at the rate of six 24 -hour working shifts for each year of full time service with the City (c) Five year's service. Every employee who completes five years of continuous service with the City shall be allowed vacation leave with pay at the rate of fifteen working shifts each year thereafter Firefighting personnel completing five years of continuous service with the City shall be allowed vacation leave with pay at the rate of seven 24 -hour working shifts each year thereafter (d) Ten. year's service Every employee who completes ten years of continuous service with the City shall be allowed vacation leave with pay at the rate of eighteen working shifts each year thereafter Firefighting personnel completing ten - 65 - 4 r I I wT. years of continuous service with the City shall be allowed vacation leave with pay at the rate of eight 24 -hour working shifts each year thereafter (e) Fifteen year's service Every employee who com- pletes fifteen years of continuous service with the City shall be allowed vacation leave with pay at the rate of twenty -one working shifts each year thereafter. Firefighting personnel who complete fifteen years of continuous service with the City shall be allowed vacation leave with pay at the rate of ten 24 -hour working shifts each year thereafter (f) Police and firefighting personnel In lieu of holidays worked, firefighting personnel shall be credited with [three] four and one -half 24 -hour working shifts additional vacation allowance at the end of each completed year of ser- vice In lieu of holidays worked, . fire alarm operators and police personnel shall be credited with one additional work- ing shift for each holiday set forth in Section [6 -7 -1] 6 -6 -1 (a) above at the end of each completed year of service. (g) How taken. Vacation credit may be accumulated to a maximum of twice the amount accrued annually by the particular employee at any one time, and such leave may be granted in minimum and maximum periods as provided the department head concerned, with the approval of the [Personnel Director] City. Manager; provided, vacation leave will not be granted in excess of vacation credit earned prior to the starting day of leave Each department head shall keep the necessary records of vacation leave allowance. [allowances and shall schedule vaca- tion leaves with particular regard to seniority of employees and to accord with operating requirements and, insofar as possible, with the written requests of the employees ] Vaca- tion schedules shall be worked out between the department head and the employees of his department. The employee in the classification with the longest consecutive length of - 66 - 5• f ,, service, as defined in Rule 37 of the Civil Service Rules, with the City shall be given first choice, the next senior employee second choice, and the like for succeeding conflicts., if any The department head shall have the right to deter- mine how many employees in a classification may be .off on vacation at any one time. (h) Pay in lieu of vacation If, in the discretion of the [Personnel Director] City Manager, an emergency exists, an employee may be granted the equivalent in money, of vaca- tion leave to which such employee is entitled for that year; but it is the policy of the Council that each employee shall be granted a full amount of vacation leave each year [6 -7 -3] 6 -6 -3 MILITARY LEAVE (a) With pay Any permanent employee who presents offi- cial orders requiring his attendance for a period of training or [other] active duty as a member of the United States armed forces shall be entitled to military leave for a period or periods not to exceed a total of fifteen. calendar days in any one year, and he, shall be entitled to payment from the City in such amount as to make up the difference between payment received from the United States Government for this period and the amount. he would ordinarily receive from the City Such employee shall receive no pay from the City if his mili- tary service pay for such period shall exceed the amount he would ordinarily receive from the City Military leave shall be in addition to,, and may not be concurrent with, authorized vacation leave (b) Military leave bonus. A bonus in an amount equiva- lent to his ordinary pay for fifteen calendar days shall be granted to any, permanent employee who presents official orders for extended active service with the Armed Forces; provided, no such bonus shall be granted to those employees who volun- teer for active °service in peacetime - 67 - T ®. [6 -7 -4] 6 -6 -4 GROUP CLASSIFICATION For the purposes of Sections [6 -7 -4] 6 -6 -4 thru [6 -7 -10] 6 -6 -10, the employees of the City shall be grouped into two categories GROUP A Employees having a basic work week of 40 hours or less GROUP B Employees having a basic work week of more than 40 hours. Reference to the basic work week herein shall be set forth in Section [6 -8 -21] 6 -5 -16 of this Code [6 -7 -5] 6 -6 -5:. PAID SICK LEAVE BENEFITS Paid sick leave to the extent the same is accrued and unused shall be granted to permanent, full -time employees and probationary employees in case of actual illness or disability occurring without negligence of the employee; provided, a medical certificate subscribed by the employee's physician on forms supplied by the City shall be required for any absence for which paid sick leave is claimed by the employee exceeding three consecutive working days for Group A employees or ex- ceeding two consecutive working shifts for Group B employees; provided, further, the City Manager, in any case of suspected abuse of sick leave privileges, may require such medical cer- tificate for any absence for which paid sick leave is claimed by the employee. Use or attempted use of paid sick leave benefits for any reason other than actual illness or disability shall be deemed an activity unbecoming an employee of the City Disability caused by injury while on duty and maternity leave shall be compensated as hereinafter set forth [6 -7 -6] 6 -6 -6 SICK LEAVE; FUNERAL LEAVE; ACCRUAL (a) Combined paid sick and funeral leave shall be accrued by each permanent full -time Group A employee at the rate of one and one -half days for each month of completed full -time duty to a maximum accrual of 180 days. - 68 - (b) Combined paid sick and funeral leave shall be accrued by each permanent full -time Group B employee at the rate of 17 /24ths of one working shift for each month of completed full - time duty to a maximum accrual of 84 working shifts (c) Probationary employees shall accrue paid sick and funeral leave benefits during their probationary period (d) Temporary[, seasonal] and temporary part -time employees shall not accrue paid sick and funeral leave bene- fits [6 -7 -7] 6 -6 -7 SICK LEAVE; BENEFITS UPON SEPARATION (a) Upon separation for any reason other than death, dis- charge or retirement, a Group A employee whose sick leave accumulation exceeds 75 days shall be paid at his regular rate of pay for the amount of sick leave accumulated over 75 days, but not to exceed 75 days; a Group B employee whose sick leave accumulation exceeds 35 working shifts shall be paid at his regular rate of pay for the amount of sick leave accumulated over 35 working shifts, but not to exceed 35 working shifts. (b) Upon separation due to retirement or death, a Group A employee. shall be paid at his regular rate of pay for all accumulated' sick leave, but not to exceed 120 days; a Group B employee shall be, paid at his regular rate of pay for all accumulated sick leave, but not to exceed 56 working shifts. (c) in the event of death, such sum shall be paid to the surviving spouse of such employee. In the event. there shall be no surviving spouse, then such sum shall be paid to the dependents. of such employee In the event there shall be no surviving spouse or dependents, no benefit shall be paid by the City. For the purposes of this section, "depen- dent" shall mean any child, mother, father, grandmother, grandfather, sister, brother or grandchild, who was wholly or partially supported by the deceased employee at the time of his death and for a reasonable period of time immediately - 69 - 4 prior thereto If such dependent be a son, grandson, or brother eighteen years of age or over, a father or grand- father, to be entitled to benefits, they must prove that they were actually disabled or incapable of earning their own living during the said time (d) Separation benefits shall be paid immediately upon the effective date of separation [6 -7 -8] 6 -6 -8 FUNERAL LEAVE (a) Recording Paid funeral leave benefits shall be kept as a part of the paid sick leave record All use of paid funeral leave shall be charged against the same accrual as the use of' paid sick leave is charged. (b) Benefits; immediate family A department head shall grant accrued funeral leave for any one funeral as required by the employee for a death in the immediate family for a maximum of GROUP A Three calendar days, plus the balance of the day in the event of death occurring while employee is on duty. GROUP B One work shift, plus the balance of the work shift in the event of death occurring while employee is on duty. Immediate family is defined as father, mother, brother, sister, husband, wife, child, mother -in -law, father - in =law, or relative residing in the same household with the employee (c) Benefit; other (1) One -half day's funeral leave not to exceed four hours may be granted for attendance at funerals of relatives other than the immediate family or for actual services as a pallbearer (2) In the event of death of a departmental em- ployee, employees of said department may be - 70 - granted one -half day's funeral leave not to exceed four hours for attendance at the funeral, provided a working schedule can be arranged by the department head that will not materially impair the ability of the depart- ment to perform its public duties (3) Leave without pay or accrued vacation leave with pay may be granted by the department head for further funeral purposes [6 -7 -9] 6 -6 -9 INJURY LEAVE (a) Accrual and benefits (1) Each permanent, full -time employee injured while in the proper performance of his duty inside or outside the City limits without negli- gence of the employee shall be paid injury leave in a sum equal to the employee's full salary for the period of disability not to exceed one calendar year from the date of injury (2) Injury leave benefits as set forth herein are maximum benefits for each injury and [except as herein set forth,] shall not be extended by grants of sick leave or vacation leave, except that vacation leave accrued as of the date of injury [may] shall be granted at the termination of injury leave benefits_ [insofar as depart- mental regulations thereto permit ] (b) Other benefits. Injury leave benefits provided for herein shall be withheld from any employee entitled thereto un- less and until he makes a claim for compensation under the Work- men's Compensation Act of Colorado or elects to otherwise pursue a different remedy under the provisions of 81 -13 -8, C R S 1963 Workmen's Compensation temporary disability benefits paid or payable to an employee [during] for the same period of time - 71 - 411 410 he [is receiving] receives injury leave benefits hereunder shall be deducted by the City from said injury leave benefits Receipt of injury leave benefits hereunder by an employee [electing a remedy other than Workmen's Compensation under the provisions of 81 - 13 -8, C R S 1963, as aforesaid,] shall oper- ate as and be a partial assignment to the City of said employee's interest in and t� [the] any cause of action [constituting said remedy] against a third party as defined in Article 13, Chapter 81, C R S 1963, as amended, to the extent of injury leave bene- fits paid or payable hereunder by the City to said employee During such time as he is receiving injury leave benefits here- under and for a period of 60 days from and after the receipt of the final payment thereof, said employee shall have an ex- clusive right to engage the services of an attorney -at -law to settle or to otherwise dispose of said cause of action which shall not be settled or otherwise disposed of without the written consent of the City. If said employee engages the services of an attorney as aforesaid, the City shall not be liable for costs or attorneys fees in connection therewith; however, in lieu thereof, the City agrees to limit its pro rata share of any recovery so effected to 75% of injury leave benefits paid or payable to the employee hereunder If said employee fails to engage the services of an attorney, as afore- said, the City may take such action as it deems advisable for the recovery of 100% of all injury leave benefits paid to said employee, and said employee will cooperate with the City in such action as it may take and furnish any and all papers and information in his possession deemed by the City to be neces- sary in connection therewith. [6 -7 -10] 6 -6 -10 INJURY WHILE EMPLOYED BY THIRD PERSON No sick leave or injury leave benefits shall be payable to any employee injured while in the employ of an employer other than the City of Pueblo .ti - 72 - [6 -7 -11] 6 -6 -11 SPECIAL LEAVE (a) Less than ten days. In addition to leaves authorized above, a department head may authorize an employee to be absent without pay for personal reasons for a period or periods not to exceed ten working days in any calendar year (b) Less than six months. The City Manager may authorize special leaves of absence with or without pay for any period or periods not to exceed six calendar months in any one calendar year for the following purposes attendance at college, univer- sity, or business school for the purpose of training in subjects related to the work of the employee and which will benefit the employee and the City service; urgent personal business requir- ing employee's attention for an extended period such as settl- ing estates, liquidating a business, serving on a jury and attending court as a witness, and for purposes other than above that are deemed beneficial to the City service (c) Without pay The City Manager may authorize special leaves of absence without pay for any of the purposes set out in the preceding sub - paragraph of this Section [6 -7 -11] 6 -6 -11 for any reasonable length of time (d) More than six months The City Council may grant leaves of absence with or without pay in excess of the limita- tions above for the purposes of attending extended courses of training at a recognized university or college and for other purposes that are deemed beneficial to the City service (e) Exhaustion of available leave If after exhaustion of all available leave, including injury, vacation and sick leave, an employee, other than a fire department employee under the fire pension plan, shall fail or be unable to return to work he shall be discharged If injured through no cause of his own the employee, when able to return to work, shall be placed upon the reinstatement list [6 -7 -12] 6 -6 -12 ABSENCE WITHOUT LEAVE (a) Any officer or employee who finds it necessary to be - 73 - } 111 411 absent from duty due to emergency, shall report the reasons therefor to his supervisor or department at least one hour be- fore working time, on the first day of such absence If this is not possible, the employee shall report to his supervisor or department at the earliest possible time and shall state the reasons for his failure to report at least one hour before working time Failure of an employee to so report may be grounds for disciplinary action [All unauthorized and un- reported absences shall be considered absent without leave and deduction of pay shall be made for the period of absence Such absence may be made the grounds for disciplinary action ] (b) All unauthorized absences without leave shall be grounds for disciplinary action Reduction of pay shall be made for all periods of unauthorized absences. (c) Unauthorized absences for more than five (5) work- ing days shall be deemed to be and shall constitute a resig- nation from employment by the employee [6 -7 -13] 6-6 -13 MATERNITY LEAVE [The City Manager may authorize leave of absence for any permanent female employee for maternity purposes as provided hereafter (a) Without pay. Maternity leave without pay may be granted for any period not to exceed one hundred and twenty calendar days pre - parturition and addi- tionally not to exceed forty -five days post - parturition; provided, such leave must be commenced not later than ninety calendar days prior to em- ployee's parturition date as estimated by her physi- cian (b) With pay In addition to any other maternity leave, and to the extent that a pregnant employee has accrued unused sick leave, the City Manager may authorize its use as maternity leave with pay but - 74 - 411 411 not to exceed a total of forty working hours for any female employee. Any time off with pay as a result of illness related to maternity whether morning sickness, parturition or otherwise, shall be considered part of the allowable maternity leave with pay and credited against accrued sick leave ] The City Manager may authorize leave of absence for any permanent female employee for maternity purposes; provided, the employee presents a physician's written statement as to the approximate date of birth. Such leave is to begin upon the physician's written recommendation and expire upon the physician's written recommendation, which expiration period shall not exceed six (6) weeks from date of birth The pregnant employee shall be granted any accumulated sick leave as requested until the available amount is utilized CHAPTER 7 ADDITIONAL BENEFITS [6 -9 -1] 6 -7 -1 HEALTH, ACCIDENT, HOSPITALIZATION AND MAJOR MEDICAL INSURANCE The City shall obtain and pay for health, accident, hospi- talization and major medical insurance or benefits for all per- manent, full -time employees. The obtaining of such insurance or benefits is hereby expressly excepted from the competitive bidding requirements of the Charter of Pueblo Such insurance or benefits may be in one or more individual or group policies The City shall pay the cost of an individual employee policy The insurance or benefits obtained shall be of such a nature that individual employees may, by voluntary additional contribution, apply for and obtain additional coverage, includ- ing both individual and family benefits Permanent part -time employees shall receive the benefit of this section on a. pro rata basis, provided, such part -time employee shall elect to pay the difference between City's pro - 75 - rata contribution and the basic cost for the individual employee; otherwise the City shall not be obligated to provide insurance for such part -time employee. [6 -8 -51] 6 -7 -2 DISABILITY PAYMENTS- -FIRE DEPARTMENT PERSONNEL (a) In any case where an officer, member, or employee of the Fire Department shall become mentally or physically disabled while not on active duty during regularly assigned hours of duty, and from any cause not self- inflicted or due to the habitual use of intoxicants or drugs, to an extent whereby he is unable to perform his regular Fire Department duties, he shall be paid by the City of Pueblo from funds available with- in the Fire Department's annual appropriation starting immed- iately after the expiration of paid sick leave benefits and accrued vacation leave as provided by [Section 6 -7 of the Code] Sections 6 -6 -1 thru 6 -6 -12 of this Title, and for the remaining period of such disability, not to exceed one calen- dar year from the date of such disability, a monthly benefit equal to two and one -half per cent (2 1/2 %) of the amount of his monthly salary as of the date of his disability, multiplied by the number of years he has been in active service with the Fire Department; but any such benefits under this provision shall not exceed one -half of his monthly salary as of the date of his disability (b) For the purpose of determining the physical or mental disability of any such member, the Firemen's Pension Fund Board established by Section 2 -2 -1 of the Code, shall have jurisdic- tion The Board may personally examine the member and shall appoint one or more physicians or surgeons to make an examina- tion of the member and report their findings to the Board, which report shall be taken into consideration in determining whether the member is physically or mentally disabled (c) In the event the State Legislature enacts a statute removing the 12 month waiting period from C.R.S 139- 50- 7(1)(f) the provisions of this Ordinance shall automatically terminate - 76 - 6 -7 -3 PARTIALLY DISABLED EMPLOYEES; LIGHT DUTY (a) If, as result of service connected injury or ill- ness resulting from no fault or negligence of the employee, an employee is temporarily disabled and unable, to efficiently perform the duties of his position, but is able to efficiently perform the duties of some other position in which a vacancy exists and which position is compatible with the employees skills and abilities, then the Personnel Director may refer the employee for placement in such vacant position for a period not to exceed six (6) months Upon approval of the department head and the City Manager, the employee may be so employed Such assignment shall be called light duty (b) The . salary of an employee on light duty shall be a salary within the pay range of the class in which he was employed at the time of his injury or illness. (c) During his period of temporary disability the said employee shall be entitled to pay pension contributions and shall continue to receive health- medical plan benefits, and accrue credits for sick leave and vacation leave (d) Any employee who refuses to cooperate in the place- ment program, by failure to accept or continue in the employ- ment offered, shall, as of the date of any such refusal, be dismissed (e) Upon presentation of a doctor's certificate stating that the employee is physically capable of performing all the . duties of the, position in which he was classified to work at the time of his injury or illness he shall be returned to full duty at that classification If the department head determines that the work of the employee upon return to work is not satis- factory, the department head may cause the employee to be re- examined to determine his ability to perform [6 -9 -2 PERSONAL LIABILITY; DEFENSE (a) Any employee of the City acting for the City in good - 77 - faith and without malice in the discharge of his duties shall not thereby render himself personally liable and he is hereby relieved from all personal liability for any damage that may accrue to persons or property by reason of any act or omission of such employee in the proper discharge of his duties Any civil suit brought against an employee because of such act or omission committed in the performance of his duty shall be defended by the Department of Law until final termination of the proceedings; provided, always that the Department of Law shall not defend any employee before the Municipal Court (b) Whenever an action shall be instituted against an employee in any court of competent jurisdiction, such employee may request the City to provide legal services in his defense Such request shall be in writing signed by the employee and delivered to the department head of the department to which the employee is assigned The City shall not be liable for any legal services rendered to such employee prior to the fil- ing of such request the department head shall as soon as con- veniently possible convene a committee composed of himself as chairman and one member of the safety committee of the employee's shift or division within his department and the City Manager Such committee shall decide by a majority vote of its entire . membership whether or not the action of the employee giving rise to the Court action was in good faith and without malice in the performance and discharge of the employee's duties. The decision of the committee shall be, rendered within three working days after the filing of the employee's request The employee requesting legal services may be present at the meet- ing of the committee and may present such evidence and witnesses in support of his request as he shall desire It shall not be required that te before the committee be under oath or that a record be kept of its proceedings The Law Department of the City shall be the legal advisor of such committee. The _ decision of the committee shall be in writing, signed by the chairman, and a copy thereof shall be delivered to the employee. - 78 - P If the decision of the committee shall be favorable to the employee, the Department of Law shall undertake the defense of the employee, except in municipal court If the decision of the committee shall be unfavorable to the employee, no defense shall be provided to such employee except insofar as may be incidentally necessary to protect and preserve the City from liability (c) The decision of the committee shall be reviewable by the City Council upon its own motion or upon demand for re- view filed in writing by the employee or by the City Manager with the City Clerk within forty -eight (48) hours after the decision of the committee is delivered to the employee The City Council shall review the matter as expeditiously as possible All testimony before the City Council shall be under oath and a record thereof shall be kept The decision of the City Council shall be final, reviewable only by the district court under Rule 106 of the Colorado Rules of Civil Procedure (d) An action instituted against an employee before the municipal court may be defended by an attorney of the employee's choice at the expense of the City, provided, that the depart- ment head, in writing, shall approve If the department. head shall disapprove, the employee may request a determination by the committee as set forth in paragraph ("b`) above The maxi- mum amount of attorney fee which the City shall be obligated to pay hereunder shall be determined by resolution of the City Council ] 6 -7 -4 PERSONAL LIABILITY; DEFENSE In order to implement the defense of employees of the City and the payment of judgments and settlements required by the Colorado Governmental Immunity Act, C R S 1963, 130- 11 -10, as amended, where the claim against the employee arises out of injuries sustained from an act or omission of such employee - 79 - 110 411 occurring during the performance of his duties and within the scope of his employment, except where such. act or omission is willful or wanton or where the defense of sovereign immunity is available to the City, the following procedure shall be followed '(a) Where the City is not made a party defendant in an action, the employee shall notify the City Clerk in writing of the existence of such action within eight days after commencement of the action Failure of an employee to so notify the City Clerk may result in the City refusing to assume the defense of such employee (b) The City Attorney, with the approval of the City Manager, may assume the defense of an employee sub- ject to an agreement between the employee and the City (1) That such employee shall reimburse the City for reasonable attorney's fees in the event that the court determines that the injuries did not arise out of an act or omission of such employee occurring during the performance of. his duties and within the scope of his em- ployment or that the act or omission of such employee was willful or wanton; and (2), That the City shall not compromise or settle the claim without the consent of the employee unless and until it is established that the defense of sovereign immunity is not available to the City. (c) In the event that the city .elects not to assume the defense of its employee, and the court deter- mines that ,the injuries arose out of an act or,omis- sion of such employee during the... performance. of his 80 • .1 duties and within the scope of his employment and that the act or omission of such employee was not willful or wanton, the City shall be liable to such employee for his reasonable attorney's fees in prose - cuting his own defense and, where applicable, in bringing an action to establish that the injuries arose out of an act or omission of such employee during the performance of his duties and within the scope of his employment and that the act or omission of such employee was not willful or wanton If the court determines that the defense of sovereign immunity is not or would no,t,have been available to the City, the City shall also be liable to the em- ployee for any judgment or settlement against such em•loyee (d) Where the City is made a co- defendant with its employee, it shall notify the employee in writing . within fifteen days after the commencement of such action whether it will assume the defense of such employee. Where the City is not made a co- defendant, it shall notify such employee whether it will assume such defense within ten days after receiving written notice of the existence of such action, but in no event later than eighteen days after the commencement of such action [6 -9 -3] 6 -7 -5 APPLICATION OF FOREGOING SECTION (a) [Nothing contained] Failure of the City to undertake or assume the defense of an employee as provided in Section [6 -9 -2] 6 -7 -4 shall not be construed to give rise to any griev- ance nor shall any determination thereunder be subject to grievance procedures as set forth in [Chapter 10 of] this Title_ [, it being the intent that all procedures and provisions for review set forth herein shall be exclusive and conclusive upon - 81 - all parties thereto (b) Nothing contained in Section 6 -7 -4 or herein shall apply to any disciplinary matter or action prosecuted under Section [6 -5 -21] 6 -10 -2 nor any action instituted against an employee before the Municipal Court (c) Nothing contained in Section 6 -7 -4 or herein shall authorize the providing of legal services to any employee to prosecute or defend any claim or action in any court or admin- istrative tribunal or agency except as herein expressly pro- vided [6-9-4] 6 -7 -6 POLICE OFFICERS COLLEGE TRAINING PROGRAM [ESTABLISHED] The City Manager, in cooperation with the Southern Colorado State College, shall establish a program of courses available for study by police officers of the City of Pueblo leading to an Associate Degree in an approved major field, such program to be available to police officers of the City of Pueblo upon such terms and conditions as the Chief of Police shall make by regulation of the Pueblo Police Department. [6 - - 6 - - SAME -- AWARDS In order to better motivate and compensate those police officers who diligently participate in this training program, the following compensation plan is established (a) $100 CASH AWARD (1) Payable November 1 of each year following completion of forty -five (45) academic quarter hours minimum participation in the program (2) Payable so long as the recipient remains an employee of the Police Department of the City of Pueblo (b) $250 CASH AWARD (1) Payable November 1 of each year following completion of two complete academic years and obtaining an Associate Degree, in the - 82 Aft approved program (of which 45 quarter hours must have been earned. as a participant in the City- approved program). (2) Payable so long as the recipient remains an employee of the Police Department of the City of Pueblo 6 -7 -8 TUITION REFUND Upon recommendation of the department head and after,. prior approval of the City Manager, the City of Pueblo may reimburse a permanent, full -time employee upon successful completion of an approved course or courses in education or vocational train- ing The course or training must be related to the work, be designed to improve competence in the job, and be of value to the employee's service to the City The amount to be.reim- bursed will not exceed 75% of the cost tuition, fees and books CHAPTER 8 POSITIONS -- ESTABLISHED; ABOLISHED; APPOINTED [6 -6 -1] 6 -8 -1 ESTABLISHMENT OF POSITIONS New positions shall be established by the City Manager after investigation of the need therefor and the duties there- of, by amendment to the pay schedule, with the approval 'of the Council [6 -6 -2] 6 -8 -2 NUMBER OF POSITIONS The number of positions in each class shall be determined by the City Manager as a part of the budget Department heads shall be responsible to see that this number is not exceeded except by direction of the City Manager [6 -6 -4] 6 -8 -3 ABOLITION OF POSITION Whenever the City Manager determines that [the duties of a position or] the requirements of the City change to the extent that a particular position is no longer necessary, the [Director] City Manager shall, with the approval of the {Com- mission] Council;. declare the same abolished Any employee - 83 - ® fl with civil service status in such abolished position shall, with approval of the [Commission] City Manager and pursuant to these rules, be (a) If a vacancy exists, transferred to another posi- tion in the same class, or (b) Promoted if a vacancy exists in a class of positions for which such employee is eligible, or (c) Laid off and placed on a reinstatement list for the class of position for which he is qualified, or (d) Demoted, or (e) Allowed to replace another employee in accordance with Section [6 -5 -5 of Article I of Chapter 5] 6 -9 -3 of this Chapter 6 -8 -4 RECLASSIFICATION When a position is reclassified, the incumbent shall re- main in the reclassified position if the Director, with the approval of the City Manager, determines that he is qualified to perform the duties of the reclassified position If the Director determines that the incumbent lacks the qualifications for the new classification, the incumbent shall with the approval of the City Manager be: (a) If a vacancy exists, transferred to another position in the same class, or (b) Promoted, if a vacancy exists for which such employee is eligible as a result of examination, or (c) Laid off and placed on a re- instatement list for the class of position for which he is qualified, or (d) Demoted, or (e) Allowed_to replace another employee in accordance with Section 6 - - of this Chapter [6 -6 -3] 6 -8 -5 VACANCIES Unless the City Manager declares, as herein provided, that the requirements of the service demand that such position remain open, a vacancy shall exist whenever the number of - 84 - 411 410 • C positions established by the budget exceeds the number of employees in such positions [Otherwise] Vacancies shall be filled as soon as possible and [, in all events,] within a maximum period of thirty days. The City Manager may, upon written notice to the Director, determine that a position shall remain open for a period not to exceed six months [6 =4 -24] 6 -8 -6 NOTIFICATION OF VACANCY, APPOINTMENT When a vacancy occurs in the classified service the department head shall notify the Director and City Manager in writing The Director shall then certify to the depart- ment head from the appropriate eligible list, the name and address of the candidate with the highest rating If the candidate has not had a city physical examination within thirty days the department head shall require a new physi- cal If no new physical deficiency has developed, the department head with the approval of the'City Manager shall forthwith make an appointment If the department head shall reject the candidate for physical deficiency, the Director shall certify to him the name of the next highest candidate from the appropriate list (a) Reinstatement list Due to layoff or other cause not, the fault of the employee, a former certified employee who terminated ingood standing, may be appointed,to a position in the class from which. he was terminated Such appointments must be -made. within „two years after termination (b) Re employment list . If the position is not filled from the reinstatement list, the department head may next consider the re- employment list, if one exists. (c) By transfer. The department head may accept a transfer of an employee . fr -om another department to a positionin,the same class, pursuant to Section 6 -8 -11. Transfer of an employee within a class - 85 - 111 411 must be approved by the department heads and the City Manager (d) By voluntary demotion. Demotion actions may be made in the following manner (1) The department head- and,the employee may request the. Director to approve a demotion for the con- venience of the City. (2) An employee may request demotion for personal convenience. Such requests shall be granted only when approved by the department heads and the ,City Manager. (e) From examination, entrance or promotional, eligible lists certified by the Commission If the position is not filled by the methods previously described, and if there are insufficient candidates from these lists, the Civil Service Commission shall certify the highest ranking candidate to the Director [6 -4 -26] 6 -8 -7 APPOINTMENT PROBATIONARY All entrance appointments shall be probationary for a period of one (1) year All promotional appointments shall be probationary for a period of six (6) months, provided, any employee who is temporarily promoted to a higher class of position, may be credited toward completion of his probationary period with such temporary service up to one hundred and fifty (150) days with the approval of the Director 6 -8 -8 PART -TIME APPOINTMENTS Part -time appointments not to exceed the equivalent. of eight months in any year of persons who meet the minimum qualifications of a vacant position may be made by the City Manager without regard to the regulations as to appointment in this Title and the Civil Service Rules [6 - 4 - 4] 6 - 8 - 9 ? LOATH; REQUIRED; EXCEPTIONS; REFUSAL (a) All employees of the City, whether or not within - 86 - * the civil service, are required, before entering upon. the duties of their employment, to take the oath required. by the Charter. The taking of such oath shall be a condition of employment, and .no payment shall be made by the City until such oath has been taken; provided, however, the provisions of this section shall not apply to temporary or special services, or to day laborers or extra and supply men whose employment is to be for less than sixty days. (b) Failure to take the oath as required herein shall. be grounds for discharge. [6 -3 -41] 6 -8 -10 MEDICAL EXAMINATIONS, REQUIREMENTS; CONDITION PRECEDENT TO APPOINTMENT A medical examination shall be required as a condition precedent to any initial appointment and to such promotional appointments as the [Commission] Director or City Manager may direct Examinations shall be by the City physician, or such physician as the [Commission] City Manager may direct, and shall be at the City's expense. Candidates shall fill out such forms and answer such questions as may be required by the [Commission or] examining physician. Examinations shall cover such matters as the [Commission] City Manager may direct Medical examinations shall not be used as a factor in determining. general averages in examinations unless the Commission or City Manager so directs with respect to a particular examination. The examining physician shall deter- mine only whether the candidate is physically qualified for the position applied for, and shall certify to the [Commission] Director that the candidate is or is not, so qualified on the basis of the duties of the position. Persons with a physical handicap may be , employed for certain positions where such handicap will not interfere with the duties of the position.. [in the discretion of the Commission and Director] In addi- tion, the examining physician shall report in writing [to the - 87 - 411- �► Commission] any disease, physical deformity or physical.defi- ciency which might affect the ability of the applicant to fulfill his duties [6 -6 -26] 6 -8 -11 TRANSFER For the good of the service, the [Director] City Manager may transfer any employee from one position in a department to another position _in another department having duties of a similar nature within the same pay grade.. [, subject to the transferee's right to a hearing before the Commission in accordance with Section 6 -6 -37 of the .following Article III] Any emplo ee in the classified service desiring such a transfer shall file the request in writing with the Director If_a vacancy exists, the request may be granted subject to approval of the department heads and the City Manager, and provided it. is in the best interest of the City to grant the request No employee shall be permitted to apply for a trans- fer within the six (6) month period.immediately following his transfer The opportunity for transfer shall be opened to all qualified employees. CHAPTER 9 REDUCTION IN FORCE; REPLACEMENT [6 -5 -1] 6 -9 -1 NOTICE Whenever it becomes necessary as determined by the City Manager to reduce the number of employees in a given - .class, the department had shall, at least three days prior to such reduction, notify the Director of the number of positions in the class to be vacated The Director shall then furnish the department head the names of the employees who are to be laid off. [6 -5 -2] 6 -9 -2; ORDER OF REDUCTION (a) A reduction of the number of employees in any class shall be made in the following order Part -time, [temporary- - provisional' probationary - - permanent [,subject to the follow - ing conditions] - 88 - - s t y [(a) In the case of probationary employees, the order of termination of appointment shall be determined by the former relative standing on . the eligible list from which certification was made, the employee who had the lowest general rating on such list to be laid off first ] (b) Probationary and permanent employees shall be termi- nated on the basis of service in the position being reduced, computed in accordance with [Section 6 -5 -7 of Chapter 2:] Rule 37 of the Civil Service Rules, employees with the least service being laid off first [6 -5 -5] 6 -9 -3 REPLACEMENT Any employee laid off shall, with the approval of the [Director] City, Manager, have the right to replace another employee without prejudice to the right of either to rein- statement provided the following requirements are met (a) The employee to be replaced. occupies a class 'hav- ing the same or lower pay grade; and (b) The employee laid off has more total service in the class involved, together with service in a higher class within the same line of promotion, than does the employee to be replaced; and (c) The employee laid off. is qualified for the duties of the lower class of position as determined by the Director; and (d) The employee to be replaced occupies a lower posi- tion in the line of promotion to the position from which the employee has been laid off [6 -5 -6] 6 -9 -4 REPLACEMENT APPEAL Any employee replaced or desirous of replacing another, who believes he is aggrieved, shall have the right. to [appeal] initiate grievance procedure under the provision of Chapter 11 of' this Title Such grievance shall not involve or include - 89 - li the decision. of the City Manager to abolish a position or to reduce the number of positions. Such [appeal] grievance shall be conducted in general conformity to the provisions of Section[s 6 -5 -5, 6 -5 -6 and 6 -5 -7, Article II of Chapter 5] 6 -11 -2 of this Title CHAPTER 10 REMOVAL; DISCIPLINE; APPEAL [6 -5 -21] 6 -10 -1 REMOVAL OF PROBATIONARY "EMPLOYEES Department head may terminate an employee prior to com- pletion of his probationary period without filing formal charges if, in the opinion of [where]. the department head [determines that a] the probationary employee is not fied, able or willing to fulfill the requirements of a posi- tion; provided, however, if the employee so terminated has civil service status in another class, he shall automatically revert to the former position in which he has such status A probationary employee shall [not] have the right to appeal from a removal The decision and action of the depart- ment head shall in such case be sustained unless the Commis- sion shall find that the department head abused his discretion in terminating said probationary employee [final; provided, however, in the case of promotional employees on probationary appointment, before such removal shall be final, the department head shall furnish- the Director and Commission with a written statement of the reasons for such removal.] [6 -5 -22] 6 -10 -2: LIMITED DISCIPLINARY ACTION In accordance with the provisions of Section 8 -4 of the Charter, a department head may [, with the approval of the Director,] impose a suspension not to exceed forty -eight hours or may reprimand any of the employees under his supervision Such limited discipline must be uniformly and fairly imposed., that is, similar treatment must be imposed for similar infrac- tions, and only after a complete investigation by the depart- ment head including opportunity for the employee to state his - 90 - { All - case. In such case, the department head shall notify the employee of the action in writing, which statement shall in- clude a brief statement of the reason for the disciplinary action A copy of such statement shall be forwarded to the Director for inclusion in the employee's service file [6 -5 -23] 6 -10 -,3 GENERAL DISCIPLINE AND DISCHARGE Any department head may [, with the approval of the Director,] - suspend for more than two days; demote, remove demise, or impose such other reasonable disciplinary action as he may deem desirable upon any employee under his super- vision by giving to such employee written notice of the charges preferred, which shall contain a brief statement of the action taken And the reasons therefor Such notice shall be signed by the department head and forwarded in triplicate to the Director [If such action is approved by] The Director [he] shall [forward a copy to the Commission and] serve a copy of the same on the employee either personally or [in accord with Section 6 -2 -6 of Chapter 2] by certified mail If not successfully appealed, such action shall be effective from and after service of notice, upon the employee [6 -5 -24] 6 -10 -4 GROUNDS FOR DISCIPLINE OR DISCHARGE Grounds for discipline or discharge shall include the following (a) Refusal or inability to follow orders; (b) Inefficiency; (c) Violation of [these rules] this Title, Civil Service Rules, departmental regulations, general regulations or law; (d) Conduct unbecoming .an employee of the City; (e) Immoral or indecent conduct; (f) Any personal delinquency which renders the em- ployee unfit or undesirable for a particular position in the classified service or employ- ment by the City Repeated failure to make - 91 - r • reasonable payment of just debts or [repeated] garnishments [or bankruptcy] may be considered such a personal delinquency [6 -5 -25] 6 -10 -5: APPEAL FROM GENERAL DISCIPLINE OR DISCHARGE [In accordance with Section 8 -4 of the Charter,] An em- ployee disciplined or discharged under the provisions of Sections [6 -5 -23 and 6 -5 -24] 6 -10 -3 and 6 -10 -4 herein may, if he desires, [request of the Commission a hearing on such action by filing such request in writing with the chairman of the Commission within five days from the time notice of the preferred charges was served on the employee The hearing on appeal shall be held as soon as possible, not to exceed five days from receipt of request for hearing, by the chair- man] appeal the action to the Commission pursuant to Chapter 12 hereof CHAPTER 11 GRIEVANCE PROCEDURE [6 -10 -1] 6 -11 -1 DEFINITIONS In the construction of this section the following defi- nitions shall be observed: (a) Grievance -- Any request or complaint by an employee with reference to a written condition of employment or the interpretation or application of the ordi- nances, Civil Service Rules, or department rules and regulations of the [City of Pueblo and] department in which the employee is employed, ex- cept matters relating to discipline or dismissal [discharge as provided in Article II of Chapter 5 of this Title] and except [also] matters relat- ing to classification, reclassification, allocation of positions, abolition of positions, creating new positions or transfer [or replacement as provided in Section 6 -6 -37 of Chapter 6 of this Title ] - 92 - 3 w w rr 1. y,rt 4Ik 411. (b) Employee. -- Any employee of the City of Pueblo except department heads and except probationary and part -. time employees, in the classified [or unclassified] service regardless of status (c) Immediate Supervisor -- The individual who assigns, reviews, directs or appraises the performance of an employee (d) Superior -- The individual who assigns, reviews, directs or appraises the activities of an immediate supervisor [(e) Officer -- An immediate supervisor, superior, depart- ment head, director of personnel, or City Manager.] [(f)] (e) Week 'Days -- Monday through Friday of each calen- dar week, inclusive; Saturdays; Sundays and, holidays as set forth in Section [6 -7 -1] 6 -6 -1 of this Title shall not be considered as week days. [6 -10 -2 STEP -BY -STEP PROCEDURE The following procedures shall be followed for the con- sideration and redress of requests, complaints and grievances • of employees of the City of Pueblo, except matters relating to discipline or discharge and except also matters relating to classification, transfer or replacement. Any employee who feels that he. has a justifiable request or complaint shall discuss and be given audience in the following progressive steps, provided, that if the grievance shall be derived from or in objection to an order or action of a department head or other superior, the grievance procedures shall commence with such superior (and not with any subordinate) and shall there- after follow this procedure from that stage of the proceedings forward in ail respects as though all preceding steps or pro- cedures had been previously concluded Step 1 Within three week days after the action giving rise to the request or complaint, the employee - 93 - shall discuss the same with his immediate supervisor The immediate supervisor shall make his decision in the matter known to the employee in writing within three week days thereafter The employee may then discuss the matter with each superior between his immed- iate supervisor and his department head in an earnest and sincere attempt to settle the difficulty. In no event shall more than five week days elapse between the time the employee receives the written decision of his immediate supervisor and the time Step 2 is inaugurated Step 2 If satisfactory settlement is not reached in Step 1, the employee within three week days after the decision of his immediate supervisor (or of the superior) shall present in writing to the department head a statement of facts regarding the same The department head shall make his decision in the matter known to the employee in writing within three week days thereafter Step 3 In the event the employee is not satisfied by the action of the department head, the matter shall be submitted by the employee in writing to the City Personnel Director within three week days after the decision of the department head The Personnel Director shall render his deci- sion in the matter to the employee in writing within three week days thereafter Step 4 In the event the employee is not satisfied by the action of the Personnel Director, the matter shall be submitted by the employee in writing to the City Manager within three week - 94 - F T days after the decision of the Personnel Director The -City Manager shall render his decision in the matter to the employee in writ- ing within three week days thereafter Step 5 In, the event the employee is. not satisfied by the action of the City Manager, the matter. shall be submitted by the employee in writing with all other previous written decisions and facts to the Civil Service Commission within three week days after the decision of the City Manager The Civil Service Commission shall then hear the matter within ten week days and shall render its decision thereon within forty -eight hours after the conclusion of its hearing The deci- sion of the Civil Service Commission shall be final in all cases and may be enforced by appropriate court action in all respects the same as though the decision of the Civil Service Commission were an award under a submission to arbitration under Rule 109 of the Colorado Rules of Civil Procedures Appeals shall be made only on the questions not previously satisfactorily resolved, and the body or person appealed to shall limit his. or their consideration to appealed questions exclusively.] 6 -11 -2: GRIEVANCES; STEP -BY -STEP PROCEDURE Any employee as defined in Section 6- 11 -1(b), who is aggrieved by any grievance as defined in Section 6- 11 -1(a), which cannot be resolved through informal discussions with his immediate supervisor, may file a grievance within ten (10) days after the occurrence „ of the grievance, or at any time if the grievance is a continuing matter rather than a single event or occurrence. - 95 - Similar grievances may be consolidated and processed to- gether as a single issue By mutual agreement of the parties, any step or steps may be bypassed Every effort shall be made by the parties to resolve the grievance at the lowest level possible When a grievance is filed, it shall be filed and pro- cessed in the following manner; except that time limits may be waived by mutual assent of the parties Step 1 ,The, employee shall present the written grievance to his immediate supervisor, unless the cause of the grievance occurs at a higher level, in which case it shall commence at that higher level The grievance shall state his complaint and the action requested A written decision shall be given to the employee within three (3). working days of the date of the filing If the grievance remains unresolved, the em- plo ee may proceed to step two Step 2. Within three (3) working days after receipt of the decision in Step 1, the employee shall present his written grievance, and such decision t� the person at the next higher level of super- vision, if any, over Step 1 Such person shall, within three (3) working days after receipt of the grievance render his written decision to the employee. If the grievance remains unresolved, the employee may proceed to step three Step .3 Within three (3) working days after receipt of the decision in Step 2, the employee shall pre- sent his grievance and the decision in the Steps 1 and 2 in writing to the department head The department head shall, within three (3) working days of receipt of the grievance, render a - 96 - Alk - decision in writing to the_employee. If the grievance remains unresolved, the employee may proceed to Step 4 Step 4 Within three (3) working days after receipt of . the decision in Step 3, the employee shall pre- sent his grievance and the decisions of the Steps 1, 2 and 3 in writing to the City Manager The City Manager shall within five (5) working days after receipt of the grievance, render his decision in writing to the employee If the grievance remains unresolved, and relates to re- placement, reinstatement, alleged discrimination due to race, sex, religion, or political beliefs, the employee may proceed to Step 5 In all other . grievances, the decision of the City Manager shall be final Step 5 Within three (3) working days after receipt of the decision in Step 4, the employee shall pre- sent his grievance, if it relates to grievances specified in Step 4, in writing with all deci- sions of the previous steps, to the Civil Service Commission. The Civil Service Commission shall then conduct a hearing on the grievance and render their decision thereon pursuant to and in conformity with the provisions of Chapter 12 of this Title. Appeals shall be ,made, only on the questions not previously satisfactorily resolved, and the body or person appealed to shall limit his or their consideration to appealed questions exclusively. [6 -10 -3] 6 -11 -3 CONTINUANCES, AND LIMITATIONS An employee who cannot make his request or complaint to - 97 - j Ilk 4 his immediate supervisor, department. head, [Personnel Director,] City Manager, (officers of the City) or the Civil Service Commission within the required time because of authorized absence from work other good and sufficient reason, may in writing request a continuance from [the officer] the individual or body to whom the request or complaint is addressed Such [officer] individual or body shall thereupon continue the matter for a total time not to exceed thirty (30) consecutive calendar days A second continuance not to exceed thirty (30) consecutive calendar days may be had at any other stage of the proceedings for good cause shown Not more than two such . continuances may be had in the full course of any proceedings, it being the express intention hereof that all such requests date and in no event later than ninety (90) days from the action giving rise to the request or complaint, exclusive of the time such matter is held under advisement by any [officer] individual or [commission of the City] Civil Service Commission The word "terminate" shall mean the final disposition of the matter [by the Civil Service Commission] In the event the act of which an employee may complain shall occur while such employee is not at work by reason of regular days off or leave of absence, the act shall be deemed to have occurred on the date the employee shall return to work or in matters affecting pay, the employee's next pay day for the pay period in which the act occurred, whichever is sooner. [6 -10 -4] 6 -11 -4 FAILURE OF COMPLIANCE (a) Failure [by] of any [officer or the Civil Service Commission] individual to make a decision within the time stated shall be construed to mean that the decision of the [officer or commission] individual is in accord with the demand of the employee (b) Failure by any employee to submit a statement in writing to his department head or thereafter to submit the - 98 - Y 1` :K d �� " matter in writing to successive [officers] individuals or k W bodies within the time herein set forth, including any con- tinuances which have been properly granted by such [officer] individual or body for the purpose of submitting the matter in writing, shall create a conclusive presumption which may not be rebutted by the employee that the matter has been settled to the satisfaction of the employee, and the employee shall be forever barred from thereafter raising the matter in any manner or in any form [6 -10 -5] 6 -11 -5 OTHER LIMITATIONS A grievance shall be commenced within one year from the date any claimed accrual of paid leave or compensatory time earned shall have occurred and not afterwards Any entry in the personnel leave record or the departmental compensatory time earned record of an employee entered more than one calen- dar year prior to the institution of any grievance concerning paid leave shall be conclusively deemed to be correct [6 -10 -6: REPRESENTATION An employee presenting a grievance may be represented at any stage of the proceedings by any person or persons of his choice ] [6 -11 -2] 6 -11 -6: EMPLOYEE REPRESENTATIVES Any employee may be represented before the City Council, the Civil Service Commission, the City Manager or any department head or superior, by any person, organization, representative or labor union of the employee's choice No member of the City Council, the Civil Service Commission, the City Manager or any department head shall attempt to interfere in any way with any employee's freedom to affiliate or disaffiliate with any organ- ization or labor union seeking to represent such employee " SECTION 3 Title VI of the 1971 Code of Ordinances is hereby amended by enactment of Chapter 12 as follows - 99 - At r +, " CHAPTER 12 APPEAL PROCEDURE 6 -12 -1 COMMISSION TO HEAR APPEALS Pursuant to Section 8 -4 of the City Charter, the Commis- sion shall grant hearings to any employee or group of employees who shall appeal in writing from any of the following actions' (a) Pertaining to classification, reclassification, and allocation of positions (b) Disciplinary action involving suspension in excess of two (2) working days, demotion, or dismissal of any employee in the classified service 6 -12 -2: APPEAL PROCEDURE, EMPLOYEE If an employee desires to appeal any action specified in 6 -12 -1 he shall request a hearing before the Commission on such action by filing such request in writing with the chairman of the Commission within five (5) days from the time notice of the action was served on the employee The hearing on appeal shall be held within five (5) days after receipt of the request for hearing by the chairman. 6 -12 -3 CONDUCT OF HEARING ON APPEAL Hearings on appeals shall be conducted in accordance with the provisions of Title I of the 1971 Code of Ordinances 6 -12 -4 DECISION_ OF COMMISSION ON APPEAL (a) On any appeal under the provisions of 6- 12 -1(a) the Commission may sustain the action of the department head or may sustain the appeal of the employee and reinstate him if he is found to be innocent of the charges preferred If so found to be innocent, the employee shall thereupon be entitled to resume his position and to receive his regular rate of pay for the time lost (b) On any other appeal under the provisions of this Title, the Commission shall determine whether such action shall be sustained or rejected - 100 - (c The Commission shall render., its decision and find- ings in writing and shall send copies thereof to the employee, department head and City Manager (d) The decision of the Commission shall be final unless reversed by the District Court If the decision of the Commis- sion is appealed, all proceedings shall be stayed pending the outcome of the appeal to the District Court 6 -12 -5 APPEAL FROM DECISION OF COMMISSION Either the employee, department head, or the City may appeal from any decision, finding or action of the Commission to the District , Court Such appeal shall be made to the District Court within thirty (30) days from the date of the decision, finding or action of the Commission and if not made within said thirty (30) days the decision, finding or action . of the Commission shall be final and binding on all parties." SECTION 4 This Ordinance shall become effective immediately upon final passage and approval INTRODUCED August 13 , 1973 BY PAT KELLY APPROVE Ms =.,`,_ - o j�.�w= President of t e Council ATTEST er .. i k - ® 5' !�n 1 f 101