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HomeMy WebLinkAbout1458 - ADMIN Ordinance - City Council - 1980/01/21JANUARY 21, 1980,- 8a ORDINANCE N0. 1458 -AN ORDINANCE AMENDING -CHAPTER, 3, PERSONNEL, OF THE ST. LOUIS PARK ORDINANCE CODE THE ST. LOUIS PARK CITY COUNCIL DOES ORDAIN: Sec. 1. The St. Louis Park Ordinance Code, Chapter 3, is amended as follows: (a) The following sections have been deleted: 3-401, 3-703, 3-704 and 3-706. (b) The following sections have been renumbered: 3-100, 3-101, 3-401, 3-402, 3-403, 3-703. 3 // -Go9 (7) (c) The following sections have been added: 3-101, 3-608 and 3-609; (d) The following sections have been amended: 3-102, 3-201, 3-202, 3-204, 3-205, 3-206, 3-207, 3-208, 3-401, 3-402, 3-501, 3-502, 3-503, 3-504, 3-601, 3-602, 3-604, 3-605, 3-606, 3-607, 3-701, 3-702. 1 1 CHAPTER 3: PERSONNEL PART 1 - Scope; General Prohibitions Section 3-100. Purpose. It shall be the purpose of this ordinance to establish a uniform and equitable system of municipal personnel adminis- tration for employees of the City of St. Louis Park. (Sec. 3-Z00 renumbered by Ord. Z458, January 2Z, Z980) Section 3-101. Definitions. (1) "Full-time employment" shall mean employment engaged in for that number of hours which make up the regularly scheduled work week. (2) "Part-time employment" shall mean employment regularly engaged in on a scheduled, less than full-time basis. (3) "Permanent employment" shall mean tenured employment, after completion of the initial probationary period, regularly engaged in, on a full or part-time basis. (4) Temporary employment shall mean non -tenured employment engaged in on a short-term basis either to provide continuity of services or to prevent inconvenience to the public. (5) "Casual employment" shall mean employment which is incidental to the main functions of the City government normally for short duration and compensated for on an hourly basis. (6) "Seasonal employment" shall mean employment regularly engaged in on a scheduled, full-time work week basis for less thin twelve (12) months in any one calendar year. "Work week" shall mean a regularly scheduled 40 -hour work period. "Work day" shall mean a regularly scheduled 8 -hour work period. "Benefits" means privileges granted to officers, employees, and their dependents, including but not limited to vacation leave, sick leave, holidays, pay received in lieu of accrued leave upon termination of employment, or group insurance, benefits or protection. (10) "Appointing authority" shall mean the City Manager acting with consent and approval of the City Council except where the power to appoint and remove personnel is otherwise provided by law or the Charter of the City. (Sec. 3-10Z added by Ord. 1458, January 2Z, 1980) January 1980 35 1 Section 3-102. Positions Covered by this Ordinance. Except as otherwise indicated all offices and positions in municipal employment now existing or- hereafter -created-shall -be-subject-to-the-provisions-of-Section-3-100 through e-subject to-the-provis-ions-of-Section-3100through 3-701.4. (1) -The following -offices and positions shall be wholly -exempt from the provisions of this ordinance. a. Officials elected by the people. b. Members of commissions. (2) Those employees who are subject to the provisions of Civil Service Statutes shall be exempt from those provisions of this ordinance which are inconsistent with such statutes and with<<valid rules adoptedny the Police and Fire Civil Service Commissions. (3) Those employees who are covered by labor bargaining agree- ments as provided by M.S. 179.61 through 179.76 shall be exempt from provisions of this ordinance which are incon- sistent with the provisions included in those agreements. (4) The salary, appointment and removal of the City Manager shall be established by the Council independently of the provisions herein set forth. (5) The appointment and removal of the City Attorney shall be by action of the City Council without regard to Sections 3-201, 3-203, 3-204, and 3-206. (Sec. 3-102 (3) (4) (5) amended by Ord. Z458, January 21, 1980) Section 3-103. Prohibitions. No person shall willfully or corruptly make"any false statement, certificate, mark, rating or report in regard to any test, certificate or appointment held or made under the City personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this ordinance. No person seeking employment to or promotion in the City service shall either directly or indirectly give, render, or pay any money, service or other valuable consideration to any person for or an account of or in connection with his test, proposed appointment, promotion or proposed promotion. January 1980 ' 36 1 Section 3-104. Political Activity. No employee shall seek or accept election, nomination or appointment as an officer of a political club or organization to take an active part in a municipal political campaign, except on behalf of his own candidacy; nor shall any employee serve as a member of a committee of such club or organization, nor seek signatures to any petition provided by law, nor act as a worker at the polls, nor distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for nomination to a municipal public office. However, this section shall not be construed to prevent any employee from becoming or continuing to be a member of a political club or organization or from attending a political meeting or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to public office. Any employee who shall become a candidate for any elective public office shall automatically receive a leave of absence without pay and shall perform no duties connected with the position held by him until he is no longer a candidate. However, if the needs of municipal service require the vacancy created by his absence may be filled and his services terminated. January 1980 37 1 1 Part 2 - Appointment, Suspension, Resignation Section 3-201. Appointment Procedure. All appointments of department/ division heads shall be made according to merit and fitness by the City Manager with the consent and approval'of the City Council. All other appointments of employees shall be made by the City Manager. (Sec. 3-201 amended by Ord. 1458, January 21, 1980) Section 3-202. Promotions and Demotions, It shall be the policy to fill vacancies in the municipal service by promotion of permanent employees insofar as practicable, to post notice of intent to fill such vacancies for five working days at those specific locations at which employees may best be able to see such notices, and in cases of equal qualifications to give due consideration of length of service. Promo- tions and demotions of employees shall be made by the City Manager. (Sec. 3-202 amended by Ord. 2458, January 21, 1980) Section 3-203. Suspension and Dismissal. Any officer or employee subject to the provisions of this ordinance may be suspended without pay for disciplinary purposes by the City Manager. No employee shall be suspended for more than thirty (30) days in any calendar year except that extensions may be made pending any investigation and hearing. Any officer or employee subject to the provisions of this ordinance may be dismissed for cause from the municipal service at any time by the City Manager, with the consent and approval of the City Council,, Section 3-204. Resignation. Any employee wishing to leave the municipal service in good standing shall file with his department heal at least ten (10) working days before leaving a written resignation stating the effec- tive date of the resignation. Failure to comply with this procedure may be considered cause of denying such employee future employment by the municipality and denying terminal leave benefits. Unauthorized absence from work for a period of three working days may be considered by the department head as a resignation without benefits. (Sec. 3-204 amended by Ord. 2458, January 2Z Z980) Section 3-205, Grievance Policy. It is the policy of the City insofar as possible to prevent occurrence of grievances and to deal promptly with those which occur. When any grievance comes or is directed to the attention of any supervisory employee of the City, the supervisor shall promptly discuss all relevant circumstances with the employee and his representative, if he so desires, consider and examine the causes of the grievance and attempt to resolve it to the extent that he possesses authority. Failing at that level, the grievance may be carried to the Department/Division Head and ultimately to the City Manager. A complaint which reaches the City Manager must be submitted in writing. January, 1980 (Sec. 3-205 amended by Ord. 2458, January 2Z, 1980) 38 Section 3-206. Lay Offs. The City Manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position or because of changes in organization provided, however, that two weeks' written notice shall be given. However, no permanent employee shall be laid off while there are temporary, or probationary employees serving in the same class of positions for which the permanent employee is qualified, eligible and available. (Sec. 3-206 amended by Ord. 1458, January 21, 1980) Section 3-207. Probationary Period. (1) Purpose. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his position and for rejecting any employee whose performance does not meet the required work standards. (2) Duration. All original appointments shall be probationary and subject to a probationary period of six (6) months' service after appointment. At any time during the pro, bationary period, an employee may be transferred by the City Manager or dismissed by the appointing authority without right of appeal or hearing in any manner if his performance does not meet the required work standards. Should the original six - (6) month period fail to provide sufficient time in which to fairly evaluate the employee, the probationary period may be extended once with the approval of the City Manager for a period not to exceed an additional six (6) months. Promotions. All promotions shall be subject to a probationary period of six (6) months. If the employee who has been promoted is found unsuited by the City Manager for the work of the class or position to which promoted, he may be reinstated to the position and rate of pay, or other position in the class from which he was promoted. (3) (4) Leave Benefits. During the initial, not promotional, probationary period, an employee will not be entitled to vacation leave but will have sick leave privileges. If an employee separates from City employment prior to successful completion of the probationary period, that employee shall reimburse the City in full for all paid sick leave used. After six months of service, an employee will be entitled to vacation leave. Both sick leave and vacation leave shall accrue from the start of the probationary employment. (5) Completion. An employee who has completed six months of probation- ary service, and who has not received before completion of six (6) months'service a written notice from the appointing authority that his services are terminated, shall be considered to have success- fully completed the probationary period, and shall automatically receive status as a permanent employee. (Sec. 3-207 (2) (4) amended by Ord. 1458, January 21, 1980) January 1980 39 1 Section 3-208. Temporary Appointments. (1) When made. If necessary to prevent the stoppage of public business or inconvenience to the public, the City Manager may make temporary appointments. Such appointments shall be effective without consent or approval of the City Council. (2) Termination. A temporary appointment shall terminate: (a) By action of the City Council disapproving the temporary appointment in the case of department/division heads; or (b) By action of the City Manager; or (c) By expiration of the period during which any such appoint- ment is limited by Civil Service or any other law not to exceed one hundred (100) working days per year; or (Sec. 3-208(2)(e) Amended by Ordinance 1309, November Z7, Z975) (3) (d) By the effective date of a probationary appointment to the position. Benefits. No benefits shall be given for service rendered under a temporary appointment, unless said temporary appointee shall at the time of the appointment be a permanent employee in another capacity in which case he shall be entitled to the same vacation leave and sick leave allowances that are provided for probationary or permanent employees. (Sec. 3-208 (l)(2)(3) amended by Ord. 2458, January 2Z, 1980) January 1980 40 1 1 PART 3 - Position Classification and Salary Plan Section 3-301. Position Classification and Salary Plan. The Council shall by resolution establish, and from time to time, revise a position classification and salary plan. (1) Filing of Plan. A copy of the position classification and salary plan established by the Council and subsequent revisions shall be placed on file with the City Clerk. (2) Review of Plan. As often as necessary, the position classification and salary plan shall be reviewed and revised by the City Council. (Sec. 3-301 Amended by Ordinance 1333, May 3, 1976) January 1980 41 1 PART 4 - Compensation Plan Section 3-401. Individual Pay Rates. Individual pay rates are established according to the principles set forth in the Salary Adminis- tration and Performance Review Program adopted by the City Council. Each individual rate shall require the approval of the City Manager. (Sec. 3-40Z deleted; Sec. 3-402 renumbered 3-40Z and amended by Ord. Z458, January 2Z, 1980) Section 3-402. Group Insurance. Provisions for group insurance for the purposes authorized in Minnesota Statutes, Section 471.61 and under conditions therein set forth, may be provided for officers and employees of the City by resolution of the City Council. Such resolution shall provide such terms and conditions as the City may lawfully prescribe. (Sec. 3-403 renumbered 3-402 and amended by Ord. 2458, January 2Z, 1980) The City Council may by resolution authorize the Mayor and City Manager to negotiate, approve, execute, and renew, from time to time on behalf of the City, various group insurance contracts in the forms and for the purposes authorized by M.S.A. Section 471.61 in the manner therein prescribed. The Council by resolution may prescribe from time to time such conditions with reference to such contracts and their availability hereunder as it may deem proper, provided, however, that no such approved contract shall exclude other of like -kind from approval by the City, nor limit the right of freedom of choice by the employees and officers as to selection of any one or more of such contracts available under City approval. The City Council may by resolution set the amount of City participation in the payment of any such premiums authorized by law. Section 3-403. Study Incentive Program. (1) Program Established. A study incentive and experience point system program of added compensation for employees of the City of St. Louis Park is hereby established and regulated as here- inafter set forth. (2) Eligibility. Employees meeting the following qualifications and conditions shall be eligible to participate in this program: (a) Employees must be permanent employees and successfully completed one year of full-time service with the City to be eligible for the program. (b) Employees must receive an adequate annual performance rating in their regular duties to be eligible for the program. (c) Employees in position ranges 1 through 54 inclusive are eligible, provided, however, any employee holding a position in these ranges having a college degree as a job qualification shall not be eligible. (Sec. 3-404 renumbered 3-403 by Ord. Z458, January 2Z, 1980) January 1980 42 PART 5 - Part-time, Seasonal, Overtime Section 3-501. Part-time, Casual, or Seasonal Work. (1) Pro -rata Basis. Whenever an employee works for a period of - less than the regularly established number of hours a day, days a week, or weeks a month, the amount paid shall bear the same relationship to the full-time rate for the class as the time actually worked bears to the time required for full- time service. (2) Benefits. Persons whose employment is casual or seasonal, and persons employed part-time on less than one-half, full- time basis shall not be entitled to sick leave, vacation leave, holiday pay and insurance benefits. Permanent part-time employees on a one-half, full-time or greater basis shall be entitled to sick leave and vacation leave on a pro -rate basis, except that those employees having other employment with the City on a full-time basis shall not receive vacation and sick -leave benefits for part- time employment. (Sec. 3-50Z (2) amended by Ord. 1458, January 21, 1980) Section 3-502. Hourly and Daily Rates. (1) When Used. Upon approval of the City Manager, casual or seasonal employees in specified classes may be compensated at hourly rates of pay when conditions of employment warrant such action. (2) How Determined. A separate pay schedule of hourly rates for casual, seasonal and temporary employees will be maintained as part of the Salary Administration Program adopted by the City Council. (Sec. 3-50Z (Z)(2) amended by Ord. Z458, January 2Z, 1980) Section 3-503. Pay Rates in Transfer, Promotion or Demotions. If an employee is transferred, promoted or demoted, his rate of pay for the new class shall be determined according to_the_principles established in the Salary Administration and Performance Review Program adopted'by the City Council. (Sec. 3-503 amended by Ord. 1458, January 2Z, 1980) January 1980 47 1 Section 3-504. Overtime Payment. Authorized overtime work by employees who are covered by the state fair labor standards act shall be compensated on the basis of one and one-half times the regular rate of pay, either by cash payment or by compensatory time off, at the discretion of the depart- ment head to the extent permitted by the law, Department and division heads and other employees designated as supervisory personnel shall not be eligible for nor shall they receive compensation for overtime work. Overtime for permanent and probationary employees shall be computed on the basis of the number of hours actually worked in a work day or work week in excess of the number of working hours in the normal work day or work week for the position involved. Temporary, seasonal, and casual employees shall be compensated at time and one-half only for time worked in excess of 48 hours per week. Compensatory time off shall be taken as designated by the department/division head and approved by the City Manager. (Sec. 3-504 amended by Ord. 1458, January 2Z, 1980) January 1980 48 1 PART 6 - Leaves of Absence Holiday Section 3-601. Vacation Leave. January, 1980 (1) Amount Earned. (a) Each nonsupervisory employee shall earn vacation leave at the following rates: (1) From the beginning of the first to the end of the fifth consecutive year of full-time service at the rate of 10 working days per year (6.67 hours per month). (ii) From the beginning of the sixth to the end of the fifteenth consecutive year of full- time service at the rate of 15 working days per year (10 hours per month). (iii) From the beginning of the sixteenth consecutive year of full-time service and thereafter at the rate of 20 working days per year (13.33 hours per month). (b) Department and division heads and other employees designated as supervisory personnel (except police staff officers) shall earn vacation leave at the following rates: (i) From the beginning of the first to the end of the fifth consecutive year of full-time service at the rate of 10 working days per year (6.67 hours per month). (ii) From the beginning of the sixth to the end of the fifteenth consecutive year of full- time service at the rate of 15 working days per year (10 hours per month). (iii) From the beginning of the sixteenth consecutive year of full-time service and thereafter at the rate of 20 working days per year (13.33 hours per month). (c) Police staff officers shall earn vacation leave at the following rates: (i) From the beginning of the first to the end of the fifth consecutive year of full-time service at the rate of 10 working days per year (6:67 hours per month). (ii) From the beginning of the sixth to the end of the tenth consecutive year of full-time service at the rate of 15 working days per year (10 hours per month). (iii) From the beginning of the eleventh consecutive year of full-time service and thereafter at the. rate of one additional day per year not to exceed 20 working days per year. -49 (Sec. 3-60Z (Z) (a) (b) (c) amended by Ord. 1458, January 2Z, 1980) (d) During vacation leave, each employee shall receive compensation at his regular rate of pay. (2) Use. Vacation leave may be used as earned proyided that the division or department head shall approve the time at which vacation leave may be taken, No employee shall be allowed vacation leave until after completion of the initial (not promotional) probationary period. (3) Accrual. Non -supervisory employees may accrue vacation leave to a maximum of one and one-half times the amount earned in a year. The maximum accrual for division and department heads and other supervisory staff shall not exceed twice the amount earned in a year. However, no employee may use more than fif- teen (15) consecutive working days' vacation time without the approval of the City Manager. January, 1980 49.1 1 (4) Terminal Leave Pay. Any employee leaving the municipal service in good standing after giving proper notice of at least 10 working days of such termination of employment shall be compen- sated for vacation leave accrued and unused to the date of separation. (Sec. 3-60Z (4) amended by Ord. 2458, January 21, 1980- (5) Waiving Vacation Prohibited. As vacation leavt is granted,to employees for a period of recreation, no employee shall be. permitted to waive such leave for the purpose of receiving double pay. Section 3-602. Sick Leave, Injury on Duty Leave and Severance Pay. (1) Sick Leave. - (a) Accrual and Eligibility. Sick leave With pay shall accrue at the rate of 12 working days per year (8 hours per month). During sick leave, each employee shall receive compensation at his regular rate of pay. Sick leave shall be granted only for absence from duty for illness, injury, medical or dental treatment for the employee, childbirth, legal quarantine, or serious illness of an immediate family member within the household where no other responsible adult is available to care for the ill family member. Immediate Family includes mother, father, siblings, spouse, children, and spoyse's mother, father and siblings. Sick leave may be accumulated to a total of not more than 120 working days (960 hours). The City Manager is authorized to extend benefits under exceptional circumstances beyond accymulated sick leave. Worker's Compensation benefits received by an employee shall be credited against the compensation due an employee during sick leave with a corresponding credit to earned sick leave computed to the nearest one-tenth of an hour. January 1980 (Sec. 3-602 (1)(a) amended by Ord. 1458, January 21, 1980) - 50 . (b) Use of Sick Leave. In order to by eligible for paid sick leave, an employee must: (i) Report promptly to his/her supervisor the reason for the absence. (ii) Give his/her supervisor an anticipated return date and notify him/her as soon as possible if that should change. (iii) Submit a medical certificate for any absence exceeding three working days if required by the City Manager. (c) Penalty. Claiming sick leave when physically and mentally fit except as permitted in this section may be cause for disciplinary action including suspension, demotion or dismissal. (d) Injury on Duty Leave,. Leave of absence with pay shall be granted to police and fire staff officers, should they become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any volun- tary off-duty services for which payment is made by a contracting party other than the City. (Sec. 3-602 (1)(a) (b) (c) (d) amended by Ord. Z458, January 2Z, Z980) (i) Extent of Leave. Such injury leave shall extend for a maximum of ninety (90) calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the employee can return to any duties for which he may be capable and qualified. At the discretion of the City Manager, the injured employee may be required to submit to a medical examination at any time by a physician selected by the City. (ii) Method -of Payment. During such injury leave, the City shall pay such employee his full pay, either as direct payment from salary funds or as Workmen's Compensation insurance benefits, or both, but the total -amount -so -paid -for -loss -of -time -from -work -shall - not exceed the full pay which such employee would have received for period at his regular rate of -pay.- -Such injury leave shall not be charged against the employee's sick leave or vacation leave. aanuary 1980 51 1 1 January 1980 (iii) Notice of Injury - Failure to Report. An employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor to his supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. (c) Severance Pay. Severance pay shall be granted to sworn police officers and firemen in accordance with the following provisions effective January 1, 1973. (1) Qualifications Required. To qualify for severance pay, an employee shall have: retired from service; had at least twenty (20) years' continuous service with the department; and, must leave the City in good standing after submitting proper notice. (ii) Method of Payment. After termination of employments with the City, a qualified employee will be reimbursed for one-third (1/3) of accrued sick leave as earned, in Section 3-602 (a), computed at his base rate.of pay at time of termination of employment to a maxim of forty (40) days for police officers and twenty (20) days for firemen. (d) Proof Required. In order to be eligible for sick leave pay, an employee must: (i) Report promptly to his department head the reason for his absence. (ii) Keep his department head informed of his condition if the absence is of more than three working days' duration. (iii) Submit a medical certificate for any absence exceeding , three working days if required by the City Manager.. 52 1 1 (e) Penalty. Claiming sick leave when physically and mentally fit except as permitted in this section may be cause for disciplinary action including transfer, suspension, demotion or dismissal. No Terminal Sick Leave. No sick leave benefits of any kind shall be granted upon termination of employment except as provided for in Section 3-602 (c). (f) Section 3-603. Accrual During Leave. Employees using eerned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave or sick leave. Section 3-604. Military Leave. All officers and employees who: (1) Are members of the National Guard, the naval militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or (2) Are members of the Officers Reserve Corps of the United States of America or of the Enlisted Reserve Corps, or the Naval Reserve, the Marine Corps Reserve, or any other component of the military or naval forces of the United States now or hereafter organized or constituted under federal law shall be entitled to leave of absence with full regular pay in addition to military pay for the period of such active service for which he is ordered by proper authority to report not to exceed fifteen (15) calendar days in any calendar year. This shall be provided that such required military or naval service is satisfactorily performed and the officer or employee returns to his position immediately on being relieved from such service and not later than the time herein limited for such leave except when prevented from so returning by physical or mental disability or other cause not due to his own fault and except when required by proper authority to continue in such service beyond the time herein limited for such leave. During this period, the employee shall retain the status, vacation, sick leave and other benefits to which he was initially entitled. January 1980 53 In case any such officer or employee shall be required by proper authority to continue in such military or naval service beyond the time for which leave with pay is allowed, he shall be entitled to leave of absence without pay for all such additional service with right of reinstatement thereafter upon the conditions provided by law. (Sec. 3-604 (1)(2) amended by Ord. 2458, January 21, 1980) Section 3-605. Leave for Jury Duty. An employee serving on a grand or petit jury shall be granted leave for that purpose and during the period of jury duty shall receive compensation which will equal the difference between the employee's regular pay and compensation paid for jury duty. While on jury leave, an employee shall continue to accrue the benefits to which he is regularly entitled. (Sec. 3-605 amended by Ord. Z458, January 21, Z980) Section 3-606. Rest Period and Holidays. (1) Rest Periods. All regular employees when working under conditions where the use of a break period is practicable as determined by the division or department head, shall be entitled to a fifteen (15) minute break period in the forenoon and a fifteen (15) minute break period in the afternoon of each work day. (2) Holidays. The following legal holiday shall be observed as holidays for city employees: New Year's Day - January 1 Washington and Lincoln's Birthday - the third Monday in February Memorial Day - the last Monday in May Independence Day - July 4 Labor Day - the first Monday in September Christopher Columbus Day - the second Monday in October Veteran's Day - November 11 Thanksgiving Day - the fourth Thursday in November Christmas Day - December 25 and provided when New Year's Day, January 1; Independence Day, July 4; Veteran's Day, November 11; or Christmas Day, December 25 falls on Sunday, the following day shall be observed as a holiday; and further provided, when New Year's Day, January 1; Independence Day, July 4; Veteran's Day, November 11; or Christ- mas Day, December 25 falls on Saturday the preceding day shall be observed as a holiday. No public business shall be trans- acted on any holiday, except in cases of necessity and except in cases of public business transacted by the legislature, nor shall any civil process by served thereon. January 19$0 54 1 Each calendar year, an additional paid holiday to be designated by the City Manager, shall be granted to all permanent and probationary employees. Employees who are required to be on duty on any legal holiday shall be compensated for time worked at one and one-half times the regular rate of pay, either by cash payment or by compensatory time off, in addition to the eight (8) hours'pay given for the holiday. In addition, upon completion of the initial six (6) months' probationary period, each employee shall be eligible annually for one floating holiday to be taken within the calendar year in which it is earned. (Sec. 3-606 (2) amended by Ord. 2458, January 2Z, 1980) Section 3-607. Leave of Absence Without Pay. Upon request of an employee, leave of absence without pay may be granted by the City Manager taking into consideration, length of service and job performance of the employee and the general good of the municipal service. Such leave of absence shall not exceed a period of ninety (90) days, unless it is extended for continued disability or other sufficient reasons. In no case shall it exceed one year except when the employee is detailed for military service or is disabled for disability incurred while in the service of the City. No benefits shall accrue during leave of absence without pay. (Sec. 3-607 amended by Ord. Z458, January 2Z, 4980) 4 January 1980 55 1 Section 3-608. Maternity Leave. Maternity leaves are treated in the same manner as any other medical leave of absence. (1) Leave of Absence Without Pay. Upon request of a pregnant employee, leave of absence without pay will be granted by the City Manager for a period of up to ninety (90) calendar days. The City Manager may extend this leave of absence up to a maximum of one year for continued disability directly related to pregnancy. (2) Requests for Leave. Employee requests for a maternity leave of absence without pay must be made prior to the anticipated birth date. Written requests for sick leave and/or leave of absence without pay will be made on Request for Leave forms available from department heads. Use of Sick Leave. A pregnant employee may use all of her accumulated sick leave during the requested leave of absence. A medical statement showing inability to work may be requested. (4) Return to Work. At the end of the leave of absence period, the employee shall be reinstated to her original job or another position of like status and pay. The City Manager may require medical certification stating the employee is able to return to work. Pregnancy Related Disabilities. For disabilities directly related to pregnancy, the City Manager may grant 4n extended leave of absence, but in no case shall the leave of absence exceed one year. (3) (5) (6) Benefits. No benefits shall accrue to any employee when on: leave of absence without pay. Insurance coverage may be maintained by employee contribution of full group coverage premium. (7) Eligibility. Only pregnant female employees are eligible to request sick leave and/or leave of absence without pay under these guidelines. (Sec. 3-608 added by Ord. Z458, January 2Z, Z980) Section 3-609. Funeral Leave. An additional leave of absence with pay not to exceed three working days luring each twelve (12) months of employment after the first twelve (12) months of employment may be granted on account of a death in the immediate family of the employee. Immediate family is defined as mother, father, siblings, spouse, children and grandparents, and spouse's mother, father, siblings and grandparents. Such leave shall not be cumulative in the event it is not s (Sec. 3-609 renumbered and � !�% `:,, Ord. 2458, January, 1980 January 2Z, 1980) 56 1 PART 7 - Retirement Section 3-701. Retirement Age. All persons holding positions covered by the Position Classification Plan of the City shall be eligible for retirement as provided in the Age Discrimination and Employment Act of 1967, P.L. 90.202 as amended by P.L. 95-256, 92 stat. 189 (1978) and shall be retired upon reaching the age of 70 except as otherwise provided in Sections 3-702 and 3-703. (Sec. 3-70Z amended by Ord. 2458, January 2Z, 1980) Section 3-702. Retention of Certain Employees. (1) If the City Manager finds that the interests of the City will best be served by allowing a person to remain in the employ of the City after reaching 70 years of age, he shall so recommend to the City Council no later than 60 days before the employee's retirement date. Unless the Council shall disapprove such retention within three weeks after receipt of the recommendation of the City Manager, the Manager shall be authorized to continue the employment of such person. (2) Professional or technical personnel whose services are especially needed or whose replacement would be especially difficult, as determined by the City Manager, may be retained for successive one-year periods until reaching the age of 75 upon the annual recommendation of the City Manager and approval of the City Council. (Sec. 3-702 (Z) (2) amended by Ord. Z458, January 21, 1980) Section 3-703. Police and Fire Employees Not Affected. The provisions of Section 3-701 and 3-702 shall not bq deemed to amend or modify any age retirement provisions relating to the retirement of members of the Police Department or Fire Department which is contained in any statute of this state or in any rule of the Police Civil Service Commission or the Fire Civil Service Commission of the City. (Sec. 3-705 renumbered 3-703 by Ord. 2458, January 2Z, 1980) (Sec. 3-703, 3-704, 3-706 deleted by Ord. Z458, January 2Z, 1980) January 1980 56.1 1 1 Sec. 2. This ordinance shall take effect January 1, 1980. Adopted by the City Council January 21, 1980. Atte.st: ;City Clerk ReviewedJfp,q admi ration: Appx� ed as to form and legality: City M7 nager Cit Attorne