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HomeMy WebLinkAbout5129RESOLUTION NO. 5129 A RESOLUTION APPROVING THE PERSONNEL POLICIES AND PROCEDURES OF THE PUEBLO REGIONAL BUILDING AUTHORITY AND BY- LAT17S OF THE PUEBLO REGIONAL BUILDING COMMISSION AND BOARD OF REVIEW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. The following documents, copies of which were previously distributed to the members of the City Council and a copy of which is on file with the original of this Resolution in the office of the City Clerk,are hereby approved: (a) Personnel Policies and Procedures of the Pueblo Regional Building Authority dated October 1982; (b) By -Laws of Pueblo Regional Building Commission; and (c) By -Laws of Pueblo Regional Board of Review. INTRODUCED April 25 , 1983 BY MIKE OCCHIATO Councilman APPROVED: ATTEST : e �(/, n�Q. GBZ.� S. President of the Council ") C' -y C lark V V / PERSONNEL POLICIES AND PROCEDURES PUEBLO REGIONAL BUILDING AUTHORITY October, 1982 PREFACE By legislative action of the City Council of the City of Pueblo (City) and the Board of County Commissioners of Pueblo County (County), the Pueblo Regional Building Department, hereinafter referred to as "Department," was established as a separate legal entity under the Colorado Intergovernmental Relationships Act 529 -1 -201 et seq., C.R.S. 1973. The Department administers and enforces the building, construction, and contractors licensing and administrative codes of the City and County. The Pueblo Regional Building Commission, hereinafter referred to as "Commission," was appointed by the City and County and is responsible for providing the gen- eral supervision and administration of the Department and establishing Depart- ment policies. The Building Official (Executive Director) of 'she Department is appointed by and serves at the pleasure of the Commission. He is subject to the general supervision of the Commission and acts as the (;h executive and administrative officer of the Department. The Building Official supervises all Department employees. The Commission, subject to the approved budget, is responsible for the number and compensation of Department employees and their functions and duties. Many building departments feel that theirs is an "enforcement" function only. The philosophy of this Department is that we are a public service agency. We exist to protect the public and to assist architects, engineers, building owners, and contractors in the issuance of required permits and compliance with applicable building and construction Codes. The enforcement function is philosophically secondary. The following personnel policies will govern the personnel practice of the Department. i EQUAL OPPORTUNITY POLICY (EEO) No applicant, candidate or employee shall be discriminated against or denied equal employment opportunity in the service of the Department on the basis of race, color, religion, political affiliation, sex, national origin, ancestry, age or handicap, except with regard to an otherwise qualified handicapped person, if the handicap actually disqualifies the person from the job, the handicap has a significant impact on the job, and there is no reasonable accommodation the Department can make with regard to the handicap, and except as otherwise may be provided by law. ii TABLE OF CONTENTS Page Preface i EEO /AA Statement A. General 1. General 1 2. Work Schedule 1 3. Qualifications 1 4. Salary Grades and Position Classification 1 5. Protection of Records 2 C 1 -a Salary Schedule 3 1 -b Overtime 3 1 -c Salary on Promotion 3 2 -a Holidays 4 2 -b Vacations 4 2 -c Military Service 4 2 -d Special Leave 5 2 -e Funeral Leave 6 2 -f Sick Leave 6 2 -g Maternity Leave 7 2 -h Life Insurance 8 2 -i Medical, Dental, Major Medical Insurance 8 2 -j Retirement 8 2 -k Jury Leave 9 1. Employment of Staff 10 2. Residency 10 3. Vacancies 10 4. Temporary Positions 10 5. Temporary Employees 10 6. Permanent Positions 11 7. Permanent Employees 11 8. Probation 11 9. Termination of Probationary Employment 12 10. Promotions 12 11. Layoff Policy 12 12. Constructive Resignation 13 IC E. 1 -a Personal Appearance 14 1 -b Attendance 14 1 -c Personal Business - Use of Phones 14 1 -d Sexual Harassment 14 1 -e Gifts 15 1 -f Conflict of 15 1 -g Nepotism 16 1 -h Drugs or Alcohol 16 2 -a Grounds for Discipline and Discharge 17 2 -b Disciplinary Procedure 17 3 -1 Grievance Procedure 19 1. Travel Allowances 21 2. Training 21 A -l. GENERAL a. The employer, as used in these policies shall be the Pueblo Regional Building Department. The employer shall be represented by its Executive*Director (Building Official). b. The Executive Director shall also serve as the Personnel Director of the Department and shall be responsible for carrying out such personnel policies as the Commission may direct and for recommending changes in such policies. A -2. WORK SCHEDULE The work week for the Department shall be Monday through Friday, except observed Holidays as specified in this policy. Hours of work for the Department staff shall be 8:00 a.m. to 5:00 p.m., with a one -hour lunch break, except as otherwise designated by the Executive Director and the Commission. The Department's Office shall be open from E':00 a.m. to 5:00 p.m. each day. A -3. QUALIFICATIONS The Executive Director with the approval of the Commission shall establish minimum qualifications for each position. Minimum qualifications shall be job related and shall include any credentials or other qualifications re- quired by law for the performance of the functions of the Department. A -4. SALARY GRADES AND POSITION CLASSIFICATION The Executive Director with the approval of the Commission shall prepare and maintain a salary grade system and shall allocate each employee position to the appropriate grade. A position description shall be prepared for each such position. All positions and the number of employees in each position shall be determined and established by the Commission and included within the approved annual budget. Position descriptions will be reviewed -1- by the appropriate Board of Review before approval. A -5. PROTECTION OF RECORDS All personnel records of the Department shall be considered confidential. Divulging information about any Department personnel records is expressly forbidden without the permission of the Executive Director or the affected employee. -2- B -1 -a SALARY SCHEDULE For purposes of budgeting, the salary schedule shall be reviewed by the Commission on an annual basis. The purpose of the salary schedule is to provide a compensation plan that will enable the Department to recruit and retain an adequate number of competent employees. The salary schedule shall be used: 1) To provide for equal compensation for work of equivalent difficulty and responsibility as nearly as reasonably possible. 2) To establish a method for rewarding employees for continued out- standing service. 3) To establish pay rates which compare favorably with those of public and private employers competing for employee skills similar to those utilized by the Department. 4) To facilitate adjustments to changing economic and employment con- ditions requiring change in pay levels and inter - relationships of positions. B -1 -b OVERTIME Authorized overtime in excess of forty hours per week shall be compensated at the rate of time and one -half of time worked. Compensatory time off may be substituted for monetary reimbursement if it is deemed necessary and appropriate in the judgment of the Executive Director and the Commission. B -1 -c SALARY ON PROMOTION An employee who is promoted will be paid at the salary step of the new class which will provide an increase over his former rate of pay. Pro- motion will not change an employee's employment and anniversary date. Promotion pay increases shall not exceed 10 per cent initially without permission of the Commission. -3- B -2 -a HOLIDAYS The following holidays shall be observed: New Years Day Memorial Day Fourth of July Labor Day Thanksgiving Day Christmas Day If any holiday falls on a Sunday, the following Monday shall be considered a holiday. If it falls on a Saturday, the preceding Friday shall be observed. B -2 -b VACATIONS Vacation time is accrued at the rate as shown below: 1 -5 years 5 -10 years over 10 years 10 work days 1 added work day per year 15 work days Vacation credit may be carried over a maximum of 1 year to alloy.' for major vacation trips with the prior approval of the Executive Director. B -2 -c MILITARY SERVICE A permanent employee who enlists, or is inducted into the active military service under the provisions of the Selective Service Act, or is called into active service while a member of the National Guard or Military Reserve shall be placed on leave without pay for the duration of the course of active duty. Only one period of enlistment is so considered. If the employee re- enlists, his/ her leave without pay status is cancelled, and the employee terminated. The employee must submit the appropriate order or statement from the armed forces as evidence to the Department of his /her active military duty. If, within 90 days following honorable discharge from the military service, the employee reports for duty, he /she shall be reinstated to his/her- former position in the Department, if mentally and physically qualified, and other federal statu- tory requirements are met. -4- The compensation rate will be at a grade and step for the class of posi- tion which the employee would have attained had he /she remained in the Department. While on military leave, the employee shall receive all compensation changes for his /her class and all merit pay increases granted by the Department for which his /her performance on the job would have warranted. In filling the vacancies caused by military leave, the Department shall fill the position in accordance with the established procedures, but with the understanding that adjustments may be necessary with the replacing employee, when and if the employee on military leave returns to his /her former position. If the Department, however, cannot reinstate the employee in the same position he /she would have been entitled to, the Department shall reinstate the employee to the next available position in the class of position held at the time he /she left for military service. Q -2 -d SPECIAL LEAVE The Executive Director may approve leave without pay for any period or periods not to exceed a total of ninety (90) days in any one calendar year for the following purposes: attendance at college, university, 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 Department; urgent personal business requiring the employee's attention for an extended period such as settling estates, liquidating a business or attending court as a witness; or for purposes other than the above that are deemed beneficial to the Department. The Executive Director with the approval of the Commission may approve leave without pay for periods exceeding ninety (90) days in a calendar year, or for special leave with pay for purposes deemed beneficial to the Department. -5- B -2 -e FUNERAL LEAVE Funeral leave shall be granted for attendance at a funeral in the event of a death in the employee's immediate family for a mxaimum of three (3) cal- endar days plus the balance of the day if a death should occur while the employee is on duty. For purposes of this section "immediate family" shall be: father, mother,brother, sister, husband, wife, child, mother -in --law, father -in -law, or other relative residing in the same household with the employee. B -2 -f SICK LEAVE A. Sick Leave shall not be considered an accruable benefit. Permanent full -time employees and probationary employees, in the case of actual illness of the employee, shall be compensated at full salary. A medical certificate from the employee's physician shall be required for any illness absence exceeding three days. At the option of the Executive Director, a certificate from a physician may be required for any illness, in any case of suspected abuse of 0 2 paid illness absence privilege. B. Long term illness or disability may be compensated - For where certified by the employee's physician at full or partial salary during any excludable period of a disability. Following an excludable period, a disability policy, if provided, may compensate an employee for up to sixty per cent (60 %) of his /her annual salary. Acquisition and continuance of any disability insurance shall be subject to avail- ability of such insurance at reasonable rates. C. Worker's Compensation temporary disability benefits paid to an employee for the same period of time he receives sick or disability payments shall be de- ducted by the Department from the amount to be received for any sick or disability payments. Receipt of any disability payments by an employee shall operate as and be a partial assignment to the Department of said employee's interest in and to any M cause of action against a third party as defined in §8 -52 -100, et se q., C.R.S. 1973, as amended, to the extent of injury leave benefits paid or payable here- under by the Department to said employee. During such time as he is receiving disability payments hereunder and for a period of sixty (60) days from and after receipt of the final payment thereof, said employee shall have an exclusive 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 Department. If said employee engages the services of an attorney as aforesaid, the Department shall not be liable for costs or attorney fees in connection therewith; however, in lieu thereof, the Department agrees to limit its pro rate share of any recovery so affected to seventy -five per cent (75 %) of injury leave benefits paid or payable to the employee hereunder. If said em- ployee fails to engage the services of an attorney, as aforesaid, the Department may take such action as it deems advisable for the recovery of one hundred per cent (100`) of all sick or disability leave benefits paid to said employee, and said employee will cooperate with the Department in such action as it may take and furnish any and all papers and information in his possession deemed by the Department to be necessary in connection therewith. B -2 -g MATERNITY LEAVE It is the policy of the Department to treat pregnancy in the same manner as any other temporary illness of an employee. Pregnant employees will be allowed to continue to � as long as they are satisfactorily and reasonably able to work and fulfill their job responsibilities. Full time permanent employees and full time probationary employees who are granted maternity leave shall be compensated as provided in the Department's sick leave policy. -7- On return from maternity leave, a female employee shall be returned to her former or similar job in line with her seniority at the rate of pay for the job to which she is assigned; or, if such work in unavailable or unsuitable, she will be transferred to another job of equivalent value, provided that such transfer shall not involve work for which she is not qualified and does not dis- place another worker of greater seniority. The Executive Director shall authorize leave of absence for any full time permanent or full time probationary employee for maternity purposes provided the employee presents a physician's written statement as to the approximate date of birth and recommended date of commencement of leave. When the employee's physician gives a written statement that the employee is physically able to return to work, the employee shall return to work, utilize her annual leave, or apply to the Executive Director for leave without pay. An employee on maternity leave shall retain her seniority status but seniority shall not be accumulated during any period for which leave without pay has been granted. B -2 -h LIFE INSURANCE The Department will provide appropriate sums of life insurance for each employee as a part of the health and disability insurance policies. B -2 -i MEDICAL, DENTAL, MAJOR MEDICAL INSURANCE It is the intent of the Department to provide insurance for all employees. Said insurance may include coverage for health and accidents, major medical, dental, and disabilities. The Department will share in the cost of said insurance coverage that is provided at a percentage which shall be dependent upon the cost of said insurance and the availability of the type of insurance and the funds of the Department. S The Department will exercise its best efforts to insure that deductibles on all policies are at the loviest possible point commensurate with good busi- ness practices. D -2 -j RETIREMENT The Department will establish a private retirement plan with a company to be selected by the Commission. Details of the plan will be made available by the Department upon selection of the company to administer the plan. Current expectations are that the Department will make a contribution for each employee, in an amount equal to the current (6.7%) Social Security Employer Contribution amount. Employees will be encouraged to make additional contributions, on a payroll deduct basis, from their salary. The Department will then provide additional contributions for each employee on the basis of $.50 Departmental con - trihution for each $1.00 contributed by the employee up to a maximum employee contribution of 6 per cent of the employee's gross salary. All contributions must be made by the employee through payt,oll deduction. The amount of the employee's contributions may be changed semi - annually. 6 -2 -k JURY LEAVE A permanent or probationary employee who is called for jury duty shall be granted jury leave of absence, shall be granted leave with pay provided, however, that any pay for such duty shall be deducted from regular pay. Employees called as a participant in a non -job- related legal proceeding shall be granted vacation or leave without pay at the employee's discretion. Sam C -1 EMPLOYMENT OF STAFF All personnel employed by the Department shall be appointed by the Executive Director, consistent with recruitment, screening and hiring procedures approved by the Commission except that initial employees of the Department shall be those designated by Agreement between the City and County and such employees shall be immediately granted permanent status. All persons hired thereafter shall possess qualifications approved by the Commission. Performance appraisals will be per- formed on each employee on an annual basis by either the employee's immediate supervisor or the Executive Director. C -2 RESIDENCY All employees shall be residents of Pueblo County during the full period of their employment. C -3 VACANCIES A vacancy shall exist whenever the number of positions established by the approved budget exceeds the number of employees in such positions. C -4 TEMPORARY POSITIONS Temporary positions require less than continuous year round service. Temporary positions may be part -time (less than 40 hours per week) or full -time (40 hours per week), and shall require specific authorization of the Commission. C -5 TEMPORARY EMPLOYEES A temporary employee is an employee whose length of employment is expected to be less than one year at the time of hire. A temporary employee may not work more than the equivalent of eight months in any calendar year. Temporary ei- ployees shall not be entitled to any employee benefits other than Worker's Compensation as required by State law. _10- C -6 PERMANENT POSITIONS Permanent positions require continuous year round employment. Permanent positions may be part -time (less than 40 hours per week) or full -time (40 hours per week). C -7 PERMANENT EMPLOYEES Full -time permanent employees are employees in permanent positions who work a full week (40 hours). They are entitled to benefits as the Commission shall determine which may include health insurance, retirement, vacation, holidays, sick leave and funeral leave. Part -time permanent employees are employees in permanent positions who normally work less than 40 hours per week. They are entitled to benefits on a pro -rata basis based on the number of hours worked per week. C -8 PROBATION The first six (6) months of employment of any permanent em;loyee small be considered a probationary period. During this period the employee may not make use of the Department's grievance procedure. At the satisfactory completion of the probationary period the employee shall be granted permanent status, however, the Executive Director may extend the probationary period up to sixty (60) days after giving notice of the extension to the employee and the reason(s) therefore. The probationary period is a time for the employee and the supervisor to decide whether or not the individual is suited to the position. Successful completion of the probationary period depends upon good communication between the employee and supervisor. It is important that the employee knows what is expected. Per- formance problems should be openly confronted and suggestions for improvements freely exchanged. -11- C -9 TERMINATION OF PROBATIONARY EMPLOYMENT During the probationary period an employee may be terminated by the Executive Director if in his /her opinion the probationary employee is not qualified, able or willing to fulfill the requirements of a position. A probationary employee shall not have the right to appeal such action. The provisions of Sections C -8 and C -9 shall not apply to the prior employees of the City or the County who were employed as initial employees of the Department as agreed by the City and County. C -10 PROMOTIONS Vacancies may be filled by promotion or open recruitment. Present employees shall be considered for promotion, but promotions will not be automatic simply because minimum qualifications have been met. Job related factors such as edu- cation, experience, performance, and other characteristics will be considered. C -11 LAYOFF POLICY In the event it becomes necessary to reduce the work force, every effort shall be made to accomplish such reductions through natural attrition. However, in some cases, it may be necessary to lay off employees. If it becomes necessary to lay off employees due to the lack of funds, change in the Department status, reorganization, or any other reason, the Executive Director with the approval of the Commission shall make the final decision as to whom shall he laid off. In deciding which of the employees will be laid off, the folleriing lay off order is preferred: 1. Temporary employees. 2. Probationary employees in the affected class or classes will be laid off before those who have completed their probationary period. 3. Among employees who are not in the above two groups, the Executive Director shall have the option to lay off employees within their respective sections as he /she deems necessary and appropriate. However, in conducting a lay off, the follo items may be taken into account by the Executiv- Director: -12- a. The performance of the employee, both past and present. b. The special abilities the employee may possess. c. The total time employed by the Department and the City or the County. C -12 CONSTRUCTIVE RESIGNATION Any employee who fails to call in or report to work for two consecutive days, unless covered by leave, vacation, or other approved absence, will be terminated as an employee as a constructive resignation. Extenuating circumstances will be reviewed and may result in reinstatement only if the employee can prove inability to contact the supervisor or Executive Director. -13- D -1 -a PERSONAL APPEARANCE Since the Department is a public service organization, the personal appearance of its employees is quite important. Although casual dress is appropriate for certain employees, notably the field inspectors, cleanliness, neatness, and appropriateness of attire is of paramount importance. Extremes in dress, hair styles, quantity of makeup and other factors are expressly dis- couraged. D -1 -b ATTENDANCE The staff level has been carefully analyzed and established to provide proper service to the clients of the Department. Therefore, barring sickness, vacation or other authorized absences, all employees shall promptly report for work and shall avoid "clock watching" at quitting time. D -1 -c PERSONAL BUSINESS - USE OF PHONES The phones in the Department are for business use. Ther -fore, although it is recognized that some personal use may be expected, such calls should be brief and infrequent. "Visiting" with friends and relatives is expressly for- bidden. D -1 -d SEXUAL HARASSMENT It is the policy of the Department to comply with Federal and state laws requiring nondiscrimination in employment. The Department endorses the sexual harassment guidelines recently set forth by the Equal Employment Oppor- tunity Commission. Sexual harassment includes requests for sexual favors, sexual advances, and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. -14- 2. Submission to, or rejection of, such conduct by an individual is used as a basis for employment decisions affecting such individual. 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. Such conduct is prohibited, and any employee found violating this policy will be subject to appropriate sanctions including summary discharge. Any employee who feels that he or she has been subject to sexual harassment should submit a complaint to the Executive Director who shall immediately conduct an investigation. The employee shall also have the opportunity to pursue the matter through the Grievance Procedure. D -1 -e GIFTS No employee of the Department shall solicit or accept, directly or indir- ectly, any gift, gratuity, favor, entertainment, loan or any other items of monetary value, from any person who has, or is seeking to obtain contractual or other business or financial relations with the Department, or conducts operations or activities that may be substantially affected by the performance or nonper- formance of his /her actual official duty. Employees may be permitted to accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting, or an inspection tour where an employee may properly be in attendance. Employees may be D ermitted to accept unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars and other items of nominal value. D -1 -f CONFLICT OF INTEREST No employee shall perform outside work which may be considered a conflict of interest, or work in any type of construction under the jurisdiction of this Department. If an employee wishes to perform outside work, permission shall be 31611 obtained in advance from the Executive Director. The employee shall initiate this process through written request detailing the type of work to be performed and the name of the party(ies) for whom the work is to be done. D -1 -g NEPOTISM In no event will any applicant or employee receive preferential treatment because of relationship to another employee. No two members of an immediate family may be employed by the Department. Should marriage cause a violation of this policy, either spouse must secure other employment within 120 calendar days. D -1 -h DRUGS OR ALCOHOL All employees are prohibited from possessing or consuming alcohol or non - prescribed drugs on the job. -16- D -2 -a GROUNDS FOR DISCIPLINE AND DISCHARGE Grounds for discipline and /or discharge shall include, but not be limited to the following: a. Refusal or inability to follow orders; b. Inefficiency; c. Violation of Department rules, regulations, policy, or laws; d. Conduct unbecoming an employee of the Department; e. Failure to observe safety rules and regulations; f. Intimidation, coercion, or wilful abuse of authority; g. Reporting for work impaired or incapacitated due to use of alcohol or non - prescribed drugs; h. Abuse of Department equipment or material. D -2 -b DISCIPLINARY PROCEDURE Progressive discipline involves the use of several steps. Usually the steps are successive with the first step being a verbal warning, the second, a written warning, the third, suspension, and the fourth, discharge. Depending on the circumstances, any one of the steps way be appropriate. An employee may be discharged by the Executive Director, without prior notice, for good cause including, but not limited to, those grounds set forth in Section D -2 -a. Within twenty -four (24) hours following discharge an employee shall be served or mailed, first class postage prepaid, written notice of his /her dis- missal. Said notice shall include the cause(s) for discharge and a statement of the rights of the employee to initiate a grievance proceeding concerning said discharge and the time limit within which such grievance must be filed. Each step (except discharge) requires that the employee be told, (1) the behavior or work performance for which the reprimand is given, (2) the specific improvement expected, and (3) the consequences if improvemient is insufficient. -17- All three elements must be discussed if the interview with the employee is be effective. Additional information that should be documented may include statement of prior warnings given to the employee, if applicable, the time within which the improvements must be made, and an offer to assist the empl in achieving the expected improvement. Step 1 - Verbal Warning The supervisor instructs the employee in the proper method of performance or explains the rule which has been violated and the reasons for the rule. The next level of appropriate discipline if the problem remains uncorrected shall also be explained. The date and content of this discussion should be noted by the super- visor, and may be noted in the employee's personnel file at this time. Step 2 - Written Warning A written warning may follow a repeat of the first offense, a second offense of similar magnitude, or a first offense of a more serious nature, which in the supervisor's opinion, requires a more formal warning than a verbal warning. If the offense is a repeat of the first, the supervisor shall summarize instructions given the first time and warn the employee that a future similar incident could result in suspension. If the written warning is for a second incident of similar magnitude but different, the supervisor shall explain the proper method or rule which has been violated and the reasons for the rule. The employee should be warned that the next same or similar offense could result in suspension. At this point, a copy of the warning should be provided to the employee, and a copy placed in the employee's personnel file. Step 3 Suspension Suspension is used when strong disciplinary action is indicated. ;uspensioil without pay may follow repeated offenses of similar magnitude. It may also be , warranted if the first offense is a serious one. Suspension of an employee shall be made only by the Executive Director. The reasons for the action shall be ex- plained to the employee as outlined in Steps 1 and 2 above. A warning should be issued that a repeat of the offense or one of similar magnitude will result in discharge. 14 _1a_ D -3 -1 GRIEVANCE PROCEDURE 1) Informal Discussion of Employee's Complai 2) Whenever an employee feels that he /she has a complaint, it should be discussed fully with the immediate supervisor. The supervisor shall make every effort to dispose of the complaint in a fair and equitable manner and in accordance with the established policy of the Department. This should usually take no longer than three working days unless there are extenuating circumstances. If the informal discussion does not result in a satisfactory solution, the employee may initiate Step 1 of the formal grievance procedure. Formal Grievance Procedure An employee who has been unsuccessful in resolving the grievance in an informal manner may file a formal grievance. The grievance shall be filed within five (5) days after the occurr(-,ce of the grievance or it shall be deemed abandoned, unless the grievance is a continuing matter rather than a single event or occurrence. Similar grievances may be consolidated and proposed together as a single issue. 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 processed 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 /her immediate supervisor, unless the cause of the grievance occurs at a higher level. The grievant shall state his /her complaint and the action requested. A written decision shall be given the employee -20- within three (3) working days of the date of filing. If the Brie remains unresolved, the employee may proceed to Step 2. Step 2: Within three (3) working days after receipt of the decis in Step 1, the employee shall present his /her grievance and the d of Step 1 in writing to the Executive Director. If not presented within the specified time limits, the grievance shall be deemed abandoned. The Executive Director shall within five (5) working days after the receipt of the grievance, render his /her decision in writing to the employee. The decision of the Executive Director shall he final. All Step 2 grievances small be reported to the CommI scion and the Commission may, at its discretion, review the decision of the Executive Director and take such action as it deems appropriate. -21- E -1 TRAVEL ALLOWANCES Travel to seminars, etc., may be fully paid by the Department if approved by the Executive Director. The rule of reason should be followed in selecting hotels, restaurants, etc., while on trips. Use of a personal auto for Depart- ment business with the approval of the Executive Director will be reimbursed at the appropriate amount, currently $.20 per mile. E -2 TRAINING All employees, particularly inspectors and other technical and professional personnel, are expected to maintain and improve their professional capabilities. Therefore, attendance at seminars, short courses, etc. of an appropriate nature are encouraged. kequests for attendance at such events should he made to the Executive Director through the appropriate division head. -22- FJ�I J 1; 111n IV1I=411111 BY -LAWS OF PUEBLO REGIONAL BUILDING COMMISSION ARTICLE I NAME AND LOCATION The name of the Commission shall be the PUEBLO REGIONAL` BUILDING COMISSION, hereinafter referred to as the "Commission." The principal offices of the Commission shall be the Pueblo Regional Building Department, located at 211 East "D" Street, Pueblo, Colorado 81003, but meetings of the members of the Commission may be held at any place within the County of Pueblo, State of Colorado, as may be designated by the majority vote of the members of the Commission. ARTICLE II DEFINITIONS Section 1 . "Commission" shall mean and refer to the Pueblo Regional Building Commission appointed pursuant to the agreement between the City Council of the City of Pueblo and the Board of County Commissioners of the County of Pueblo, Colorado, entered into on August 10, 1981, and as the same may be constituted by any amended agreements between said entities. Section 2 . "City" shall mean and refer to the City of Pueblo, Colorado, a municipal corporation. Sectio 3 . "County" shall mean the Board of County Commissioners of the County of Pueblo, State of Colorado. Section 4 . "Department" shall mean the Pueblo Regional Building Department, a joint entity established for the administration and enforcement of building and construction codes within the City of Pueblo and the unincorporated area of Pueblo County. Section 5 . "Board of Revit.a" shall be that separate board created for the electrical, plumbing, mechanical, and building codes to render advice in the administration and operation of the Department as it pertai -, to each code as provided in the agreement between the C: - and the County dated August 10, 1981. The function and ;omposition of each Board of Review shall be as set forth in said agreement of August 10, 1981. The members of each Board of Review shall serve in an advisory capacity in matters relating to adminis- tration, finance and budget of the Department, in ad0'tion to their function as the Board of Review, and nothing herein shall be construed to limit their functions or powers as a Board of Review. A commission member shall be electert annually by the Commission to serve as a nonvoting member of each Board of Review. ARTICLE III MEETINGS OF COMMISSION Section 1 . The Commission shall meet monthly on the second Wednesday of each month at 7:30 p.m. or at such other time and place as may be agreed to by the Commission. :Meetings shall normally be at the principal office of the Commission unless another location for said meeting is agreed to at the meeting of the Commission next prior to the anticipated different meeting site. Se ction 2 . Special Meetings of the Commission may be called at any time by the Chairman or upon written request of two members of the Commission, provided that any business transacted at said special meeting shall be confi. to the objects and purposes stated in the call for said special meeting. Section 3 . Notice of Regular Meetings. Written notice of each regular meeting of the Commission shall be given by, or at the direction of, the Secretary or other person authorized to call a meeting by delivering a copy of such notice, not less than seven (7) calendar days before such meeting to the respective office of each Commission member. Such notice shall specify - the place, day and hour of the meeting. Section 4. Quorum. The presence at the meeting of any four of the seven members of the Commission in person shall constitute a quorum for any action, except as otherwise provided in these By -Laws. If a quorum shall not be present or represented at any meeting, the Chairman or Vice Chairman shall have the power to adjourn the meeting and reset such meeting to a date and time certain until a quorum can be present. Section 5 . Voting. A concurring vote of a majority of the members of the Commission shall be required to decide any question of business or to make any decision or determination. ARTICLE IV COMMISSION: SELECTION: TERM OF OFFICE Section 1 . Number. The affairs of the Commission shall be under the control and management of the Commission. Section 2 . Term of Office. The members of the Commission shall hold office until their terms expire or sooner upon removal of the entity which appointed them. Section 3 . Removal and vacancies. If any Commission member shall be absent for three consecutive regular meetings, or four regular meetings in any twelve month period, the Commission may recommend to the governmental entity which appointed such member that removal of such member be considered for neglect of duty. A member of the Board may be removed from the Board, with or without cause, by vote of the governmental entity which appointed such member. In the event of the death, resignation, or removal of a Board member, the governing body which designated such member shall appoint a successor to fill the unexpired term of such member. ARTICLE V POWERS AND DUTIES OF THE REGIONAL BUILDING COMMISSION Section 1 . Powers. The Commission shall have power to: A. Provide general supervision of administration and polity direction to the Department. B. Appoint the Building Official who shall be administrator of the Depart- ment who shall serve at the pleasure of the Commission. C. Prepare or cause to be prepared the annual budget of the Department reflecting estimates of revenues and expenditures for the coming calendar year and shall contain such other information as the City and the County shall require. Such proposed budget may also include such recommendations as to other financial matters relating to the operation of the Department as the Commission may desire. Such proposed budget shall be submitted on or before September 1st of each year. All expenditures may by the Commission shall be in accordance with the annual budget approved by the City and County. D. Make monthly reports of actual revenues and expenditures of the Depart- ment to the City and County on or before the 15th day of the month following the end of each calendar month, including all transactions for the previous calendar month. Such reports shall be in such detail as the City and the County shall require. E. Cause to be made an accounting and audit of the financial operations of the Department by an independent Certified Public Accountant at the end of each calendar year. F. Meet at least monthly at a regular time to be established by the By -Laws of the Commission. G. Adopt such By -Laws, promulgate such Rules and Regulations and do all things necessary to the proper governing and administration of the Department. H. All meetings of the Commission shall be public except such meetings that concern personnel matters, litigation, whether pending or threatened, and except for any other matter for which State statute authorizes an executive session. I. To carry out such functions and responsibilities as may be desired or required by any supplementary agreement entered into by and between the City and the County, pursuant to and amending the original agreement of the parties entered into on August 10, 1981. J. Receive the advice of the Boards of Review as defined hereinabove. Section 2 . Order of Business. The order of business at all meetings of the Commission shall be as follows: A. Roll call; B. Reading of minutes of last meeting; C. Consideration of communications; D. Receive reports of Board of Review; E. Receive report of Building Official; F. Consider unfinished business; G. Consider original resolutions; H. Consider now business; I. Adjournment. ARTICLE VI OFFICERS OF COMMISSION AND THEIR DUTIES Section 1 . Enumeration of Offices. The officer of the Commission shall be a Chairman, or alternatively, a Vice Chairman as provided for herein. Section 2 . Election of Officers. The Chairman shall be elected by the Commission at the first regular meeting subsequent to the adoption of the within By -Laws. He shall serve the balance of the year in which he is elected and the following calendar year. Thereafter, at the first regular meeting of the Commission held in January of each year an election shall be held for the position of Chairman. The Vice Chairman shall be appointed for any meeting as necessary in the absence of the current elected Chairman. Section 3 . Term. The officer of the Commission shall hold office for twelve months, unless he shall sooner resign or shall be removed or otherwise disqualified to serve. Section 4 . Duties. The duties of the officers are as follows: Chairman The Chairman shall be the chief executive officer of the Commission and shall preside at all meetings of the Commission; he shall see that all orders and resolutions of the Commission are carried into effect and shall be signatory to all written instruments of the Commission. Vice Chairman The Vice Chairman shall have the powers, functions and responsibilities of the Chairman, upon appointment. Secretary The Building Official shall act as Secretary for the Commission. The Secretary shall record the votes and take the minutes of all the meetings and proceedings of the Commission, shall serve notice of the meetings of the Commission to each of the members in accordance with the provisions of the By -Laws, and shall ensure that all minutes of meetings are properly disseminated. ARTICLE VII BO OKS AND RECOR The books, records, papers and minutes of the Commis; ion shall, at all times, during reasonable business hours, be -5- subject to inspection by any member of the Commission or the public. ARTICLE VIII AMENDMENTS Section 1 . These By -Laws may be amended at a regular or special meeting of the Commission by an affirmative vote of a majority of all members of the Commission. The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken. ARTICLE IX EFFECTIVE DATE These By -Laws and any amendments thereto shall not become effective until approved by the City and the County. IN WITNESS WHEREOF, we, being all of the members of the Commission, have hereunto set our hands this day of . 1982. Bill Renck William J. Wagner Robert Grinstead Tom Holgerson William Schwabe Merle E. Webster Fred Zook C nr r Pf )ry Ek Ll BY -LAWS OF PUEBLO REGIONAL, BOARD OF REVIEW ARTICLE I NAME AND LOCATION The name of the Board is the Pueblo Regional Code Board of Review, hereinafter referred to as "Board." The principal office of the Board shall be located at the Pueblo Regional Building Department, located at 211 East "D" Street, Pueblo, Colorado 81003, but meetings of the Board may be held at any place within the County of Pueblo, State of Colorado, as may be designated by a majority vote of the members of the Board. ARTICLE II DEFINITIONS Section 1. "Commission" shall mean and refer to the Pueblo Regional Building Commission appointed pursuant to the agreement between the City Council of the City of Pueblo and the Board of County Commissioners of the County of Pueblo, Colorado, entered into on August 10, 1981, and as the same may be constituted by any amended agreements between said entities. Section 2 . "City" shall mean and refer to the City of Pueblo, Colorado, a municipal corporation. Section 3 . "County" shall mean the Board of County Commissioners of the County of Pueblo, State of Colorado. Section 4 . "Department" shall mean the Pueblo Regional Building Department, a joint entity established for the administration and enforcement of building and construction codes within the City of Pueblo and the unincorporated area of Pueblo County. Section 5 . "Board of Review" shall be that Board created for the code to render advice in the administration and operation of the Department as it pertains to the code as provided in the agreement between the City and the County dated August 10, 1981. The function and composition of the Board shall be as set forth in said Agreement of August 10, 1981. The members of the Board shall serve in an advisory capacity in istration, finance and budget of to their function as the Board of shall be construed to limit their Board of Review. 91 matters relating to admin- the Department, in addition Review, and nothing herein functions or powers as a Section 6 . "Member" shall mean and refer to those individuals appointed to the Board of Review pursuant to the Agreement executed between the City and the County dated August 10, 1981, and including those additional individuals who may be appointed from time to time separately or jointly by the City and the County. In addition, one member of the Commission, who shall be elected by the Commission, shall serve as a nonvoting member of each Board of Review. ARTICLE III MEETI OF BOARD OF REVIE Section 1 . The Board of Review shall meet monthly on the _ of each month at P.M. Meetings shall be held at the office of the Regional Building Department unless another location is agreed to at a meeting of the Board prior to the anticipated different ineeting site. Section 2 . Special Meetings. Special Meetinys of the Board may be called at any time by the Chairman o r upon written request of two (2) members of the Board, provided that any business transacted at said special meeting shall be confined to the objects and purposes stated in the call for said special meeting. Section 3 . Notice of Regular Meetings. Written notice of each regular meeting of the Board shall. be given by, or at the direction of, the Secretary or other person authorized to call a meeting by delivering a copy of such notice not less than seven (7) calendar days before such meeting to the respective office of each Board member. Such notice shall specify the place, day, and hour of the meeting. Section 4 . Quorum. The presence at the meeting of any three of the five members of the Board in person shall constitute a quorum for any action, except as otherwise provided in these By -Laws. If a quorum shall not be present or represented at any meeting, the Chairman or Vice Chairman shall have the power to adjourn the meeting and reset such meeting to a date and time certain until a quorum can be present. 0 9 Section 5. Voting. A concurring vote of a majority of the members of the Board shall be required to decide any question of business or to make any decision or determination. ARTICLE IV BOARD: SELECTION: TERM OF OFFICE Section 1 . Number. The affiars of the Board shall be under the control and management of the Board_ Section 2 . Term of Office. The members of the Board shall hold office until their terms expire or sooner upon removal by the entity which appointed them. Section 3 . Removal and Vacancies. A member of the Board may be removed from the Board, with or without cause, by vote of the governmental entity which appointed such member. In the event of the death, resignation, or removal of a Board member, the governing body which designated such member shall appoint a successor to fill the unexpired term of such member. ARTICLE V OFFICERS OF BOARD AND THEIR DUTIES Section 1 . Enumeration of Offices. The officer of the Board shall be a Chairman, or alternatively, a Vice Chairman as provided for herein. Section 2 . Election of Officers. The Chairman shall be elected by the Board at the first regular meeting subsequent to the adoption of the within By -Laws. fie shall serve the balance of the year in which he is elected and the following calendar year. Thereafter, at the first regular meeting of the Board held in January of each year an election shall be held for the position of Chairman. The Vice Chairman shall be appointed for any meeting as necessary in the absence of the current elected Chairman. Section 3 . Term. The Chairman of the Board shall hold office for twelve months, unless he shall sooner resign, be removed, or be otherwise disqualified to serve. Section 4 . Duties. The duties of the officers are as follows: Chairman The Chairman shall be the chief executive officer of the Board and shall preside at all meetings of Pak qP the Board; he shall see that all orders and resolutions of the Board are carried into effect and shall be signatory to all written instruments of the Board. Vice Chairman The Vice Chairman shall have the powers, functions and responsibilities of the Chairman, upon appointment. Secretary The Building Official shall act as Secretary for the Board. The Secretary shall record the votes and take the minutes of all the meetings and proceedings of the Board, shall serve notice of the meetings of the Board to each of the members in accordance with the provisions of the By -Laws, and shall ensure that all minutes of meetings are properly disseminated. ARTICLE VI POWERS AND DUTIES OF BDARD OF REVIEW Section 1. Powers and Duties. The Board shall have the power and duty to: A. Issue, suspend, or revoke _licenses, make .reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted _ code. B. The Board shall meet at least monthly at a regular time to be established by these By -Laws. C. All meetings of the Board shall be public except such meetings that concern personnel matters, litigation, whether pending or threatened, and except for any other matter for which State statute authorizes an executive session. D. To carry out such functions and responsibilities as may be desired or required by any supplementary agreement entered into between the City and the County pursuant to and amending the original agreement of the parties entered into on August 10, 1981. Se 2 . Order of Business. The order_ of business at all meetings of the Board shall be as fol_loc% A. Roll call; B. Reading of minutes of last rnepting; --A- C. Consideration of communications; D. Receive report of Building Official; E. Consider unfinished business; F. Consider original resolutions; G. Consider new business; H. Adjournment. ARTICLE VII BOOKS AND RECORDS The books, records, papers and minutes of the Board shall at all times, during reasonable business hours, be open to inspection by any member of the Board or the public. ARTICLE VIII AMENDMENTS S ection 1 . These By -Laws may be amended at a regular or special meeting of the Board by an alfi.rmative vote of a majority of the members of the Board. The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken. ARTICLE XI EFFECTIVE DATE These By -Laws and any amendments thereto shall not become effec 'Live until approved by the Pueblo Regional Building Commission. IN WITNESS WHEREOF, we, being all of the members of the Board, have hereunto set our hands this day of , 1982. -- Secretary -