Loading...
HomeMy WebLinkAboutORD 72-32KEWJr/gh/5/4/72 =; ORDINANCE NO . '72.2 2. ENTITLED AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY REPEALING ARTICLE I OF SAID CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMCNT AND ENACTING A NEW ARTICLE I IN LIEU THEREOF; AUTHORIZING THE CITY MANAGER TO ESTABLISH RULES AND REGULATIONS RELATING TO PERSONNEL POLICY AND PRACTICES; ESTABLISHING RESIDENCY REQUIRE- MENTS FOR CITY EMPLOYEES; PROHIBITING NEPOTISM; PROVIDING FOR METHOD OF PAYMENT OF EMPLOYEES; EXCEPTING SEASONAL EMPLOYEES FROM CERTAIN EMPLOYEE BENEFITS; PROVIDING FOR THE PAYMENT OF TUITION EXPENSE AND COSTS OF ATTENDING COLLEGE, CONFERENCES, SHORT COURSES, AND SEMINARS, PUR- SUANT TO GUIDELINES ESTABLISHED BY THE CITY MANAGER; ESTABLISHING THE NORMAL WORK WEEK AND HOURS OF WORK OF CITY EMPLOYEES AND REQUIRING THEIR ATTENDANCE; ESTABLISHING CITY HOLIDAYS, - PROVIDING FOR VACATION LEAVE; PROVIDING FOR SICK LEAVE; PROVIDING FOR OCCUPATIONAL INJURY LEAVE; PROVIDING FOR EMERGENCY LEAVE; PROHIB- ITING MATERNITY LEAVE; PROVIDING FOR LEAVES OF ABSENCE WITHOUT PAY; AND PROVIDING A RETIREMENT PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Article I of Chapter 12 of the Code of Ordinances of the City of Beaumont is hereby repealed, and a new Article I of Chapter 12 is enacted in lieu thereof, which said new Article I shall read as follows: "Sec. 12-1. Authorization of City Manager to pro- r mulgate personnel rules and regulations. "In order to promote and increase efficiency and economy in the service of the city, to provide fair and equal.opportunity to all qualified applicants for city employment, and to develop a program of .recruitment, advancement and tenure which will make the service of the city attractive as a career, to establish and maintain a uniform plan of evaluation and compensation for city employees, and to establish and promote high morale among city employees, the city manager is hereby authorized to promulgate rules and regulations, not inconsistent with the Code of Ordinances, for the administration of personnel policy and procedure for the City of Beaumont." • "Sec. 12-2. Residency requirements. "Qualifications being equal, citizens of Beaumont shall be given preference in employment by the city. Applicants for employment who reside outside the city may be employed pursuant to guidelines estab- lished by the City Manager.1° "Sec. 12-3. Nepotism. '.'No person related within the second degree of affinity or within the third degree of consan- guinity to the Mayor, a member of the City Council, or the City Manager shall be appointed to any office, position or service in the city. This section shall not apply,to officers or employees who are already employed by the city at the time when an officer who may be related within the named degree takes office." "Sec. 12-4. Method of payment. "Salaries and wages shall be paid bi-weekly by check." "Sec. 12-5. Overtime pay, compensatory time, standby pay, and call out pay. "Except as otherwise provided by law for fireman and policemen, all employees required to work overtime, except those classified above foreman and supervisor, shall be paid for all additional time worked to the nearest half hour, or be given compensatory time off. All overtime pay shall be computed at one and one-half times the regular rate. Compensatory time shall be accumulated on the basis of a one and one-half hour to one hour ratio, except in departments where other types of compensation are provided. Standby pay shall be paid as provided by regulations promulgated by the City Manager. In the event an hourly employee is called to work outside his normal work shift after he has left the job, he will be paid at least two hours time at one and one-half pay." "Sec. .12-6. Seasonal and part-time employees. "Seasonal employees and part-time employees, in- cluding school crossing guards, shall be temporary employees only, and shall not be entitled to become members of the retirement fund or to accumulate vacation time, sick leave or other benefits that are allowed to regular employees." -2- "Sec. 12-7. College tuition and expenses for attendance at conferences, seminars and short courses. P 44r:� - ) -41 "The City may reimburse its employees for tuition and related expenses of attending college and for expenses incurred in attending short courses, con- ferences, and seminars, pursuant to rules and regulations which may,,from time to time, be pro- mulgated by the City Manager." "Sec. 12-8. Holidays. 11The following holidays shall be declared official holidays for city employees, to be observed in accordance with regulations established by the City Manager: (1) New Years Day (2) Good Friday (3) Memorial Day (4) Independence Day (5) Labor Day (6) Thanksgiving Day (7) Day after Thanksgiving Day (8) Christmas Day." "Sec. 12-9. Vacation leave. "All permanent full time employees of the City, except classified employees under the Firemen's and Policemen's Civil Service Act, shall be allowed vacation leave with full pay in accordance with the following rules and policies: (a) An employee shall earn one (1) working day vacation for each calendar month of service, so as to total twelve (12) working days vacation for each twelve (12) calendar months of service. Employees who earn` fifteen.(15) days of sick leave in a cal- endar year, and who do not use more than five (5) days of sick leave during the year in which it can be used, will have two (2) extra working days added to their vacation the following year. Employees shall receive one (1) additional working day of vacation after the first five (5) years of consecutive service. Thereafter, one (1) additional day shall be granted for every three (3) years of service to a maximum of thirty (30) days. (b) An employee who enters the service before the 16th of the month or leaves after the 15th of the month shall earn a day of vacation for that month. -3- (c) Employees may accumulate vacation leave of not more than thirty (30) working days. (d) No vacation leave shall be taken in any calendar year unless such vacation leave was accumulated as of the first day of January of that calendar year. No vaca- tion leave can be taken by an employee until said employee has completed one (1) year of service with the city, and then only such vacation leave as was accumulated as of the first day of January in the year in which the vacation is to be taken. (e) Employees who have completed twelve (12) months service with the City shall be paid for any earned but unused vacation leave upon termination of their service with the city, not to exceed thirty (30) days. Employees who leave the employment of the city before completing twelve (12) months service shall not be entitled to any vaca- tion pay." "Sec. 12-10. Sick leave. 11All permanent full time employees of the city, except classified employees under the Firemen's and Policemen's Civil Service Act, shall be allowed sick leave with full pay in accordance with.the following rules: (a.) An employee shall earn one (1) working day of sick leave for each calendar month of service, with an extra working day of sick leave for every four (4) calendar months of service, so as to total fifteen (15) working days to an employee's credit for each twelve (12) calendar months.. (b) An employee who enters the service before the 16th day of the month or leaves after the 15th day of the month shall earn a day of sick leave for that month. (c) Employees may accumulate sick leave not to exceed one hundred twenty (120) working days. (d) Sick leave begins to accrue upon employment, but may not be used by an employee until that employee has completed six (6) months of ser- vice with.the city. Only those days which have been earned may be used. (e) Sick leave may be used only for absence from duty because of personal illness, legal quar- antine, or illness in the immediate family. -4- r ° ,Onj 7 . Immediate family shall include father, mother, husband, wife, child or any relative living in the same household with the employee; how- ever, sick leave shall not be used for illness due to pregnancy or complication thereof. (f) Absence because of illness in an employee's immediate family must be verified by a certificate issued by a private physican. (g) City employees who are absent from work because of illness are responsible for having their absence reported to their department head as may be required by the City Manager. (h) City employees with five (5) or more years of continuous uninterrupted service shall, upon retirement, be paid for unused sick leave,not to exceed ninety (90) days." "Sec. 12-11. Occupational disability or injury leave. "An employee injured in the course of his employment shall be granted occupational disability or injury leave, not charged against his sick leave or vacation. During temporary or partial disability the city shall pay such employee.his.full pay for the first twelve (12) months of disability. If at the end of one,(1) year -from the date of'injury it appears that occupa- tional disability will extend for a longer period, the personnel director shall make the necessary arrangements to have the employee retired under the "On the Job Disability" clause provided for by the Texas Municipal Retirement System. If total dis- ability is considered from the date of injury or soon thereafter, the personnel director shall make the same effort to retire the employee under the above clause. (a) All employees while on occupational disability or injury leave shall continue to earn vaca- tion and sick leave at the regular rate but shall be required to return to work upon release by the city physican. (b) An employee who is able, but fails to report immediately any injury incurred in the line of duty, however minor, to his foreman or supervisor and take such first aid treatment - as may be necessary shall not be eligible for occupational disability or injury leave." "Sec. 12-12. Emergency leave, military leave, and _' u� ry duty. "(a) All employees, except part-time, seasonal and temporary employees, may be granted emergency -5- leave with pay for a period not to exceed three (3) days in case of death in their immediate family, and this leave shall not be charged against an employee's sick leave. Part-time, seasonal and temporary employees may be granted leaves of absence without pay in such cases. Permanent employees who wish to attend the funeral of a person other than the immediate family of the employee may be given time off at the discretion of the depart- ment or division head without pay or the time off may be charged to sick leave. ''(b) Employees in permanent positions who are ordered by competent military authorities to short tours of military duty, not to exceed fifteen (15) cal- endar days annually, shall be paid their regular pay. "(c) Employees who are required by due process of law to render jury service or serve as a. witness in any case shall receive their regular pay dur- ing such period." "Sec. 12-13. Leave of absence without pay; prohib- iting maternity leave. "Leaves of absence without pay may be granted pursuant to rules and regulations promulgated by the City Man- ager. A leave of absence may not be granted for maternity reasons." "Sec. 12-14. Retirement on pension, at what ages; notice. "The following rules shall govern the retirement on pension of all employees: (1) Any employee, except members of the fire department, shall be eligible for retirement who (a) Shall have attained the age of sixty (60) years and shall have completed at least fifteen (15) years of creditable service, or (b) Shall have completed twenty-eight (28) years of creditable service. Any member of the fire department who has attained the age of fifty-five (55) years and who has served actively for a period of twenty (20) years, shall be entitled to.be retired from such service or department. (2) Any permanent employee shall be retired from employment on the last day of the calendar year in which the age of sixty-five (65) is IM attained, or at any time thereafter; provided, however, that no such employee shall be retired until notice in writing shall have been given by the City Manager to such employee six (6) months prior to the effective date of his retirement; provided further, that in excep- tional cases and for substantial cause, such retirement may be deferred by mutual consent of the member and upon his passing of an appropriate physical examination, and with the written justification of the department head concerned, and with the written approval of the City Manager, such deferment to be from year to year for a. period not to exceed one year at any time, but in no case shall re- tirement be deferred after an employee reaches seventy (70) years of age. (3) All employees of the city shall be retired from service with the city on the last day of the calendar year in which the age of seventy (70) is attained. This provision is mandatory and no exceptions shall be made." "Sec. 12-14.1. Retirement system—Election to come within. "The city and all of the employees of all departments, except the fire department, shall participate in the Texas Municipal Retirement System as provided in House Bill 29, Chapter 75, page 108, Acts of the 50th Legislature in 1947, being Article 6243h of Vernon's Annotated Civil Statutes; and all of the benefits and obligations of such system are hereby accepted." "Sec. 12-14.2. Same—Effective date of participation. "The effective date of participation in such system was January 1, 1951, and each person who became or becomes an employee of any department in the city, other than the fire department, on and after the first day of January, 1951; shall not be entitled to be included within such system until he has been an employee of the city for three (3) months, but after such employee has been employed for a continuous period of three (3) months then such employee shall be included within and subject to the provisions of the Texas Municipal Retirement System as an employee, as defined in subsection 14, section 2 of such system." "Sec. 12-14.3. Same—Adding new departments, dis- continuance. "The city may, in the future, refuse to add new departments or new employees to the Texas Municipal Retirement System but shall never discontinue as to any participants." SO 9 "Sec. 12-14.4. Same—Contributions,, deductions, records, and reports. "The City Manager of the city is hereby directed to remit to the board of trustees of the Texas Municipal Retirement System, at its office in Austin, Texas, the city's proper contributions to the system and the amounts which shall be deducted from the compen- sation or payroll of employees, all as required by such board under the provisions of Chapter 75, Act of the 50th Legislature of the State of Texas, 1947, and the City Manager is hereby authorized and directed to ascertain and certify officially on behalf of the city, the prior service rendered to the municipality by each of the employees of the participating depart- ments, and the average prior service compensation received by each, and to make and execute all other reports and certificates, which may be required of the city under the provisions of Chapter 24, Acts Regular Session 50th Legislature, or the rules and regulations of the board of trustees of the Texas Municipal Retirement System." "Sec. 12-14.5. Same—Limitation upon calculation of contributions from employees' earnings. "The total earnings, which may be paid by the city to any of its employees who are members of the Texas Municipal Retirement System, shall be considered in calculating the amount to be withheld and the deposits and contributions to be made to the Texas Municipal Retirement System by reason of current service ren- dered by such employee to this city." "Sec. 12-14.6. Supplemental Benefits Fund --Par- ticipation. "The City of Beaumont, Texas, by its City Council, hereby elects to have the employees of all partici- pating departments of said city participate in and be covered by the Supplemental Benefits Fund of the Texas Municipal Retirement System, as provided by Chapter 312, Acts Regular Session, 56th Legislature; and all the benefits and obligations of participa- tion in said Fund are hereby accepted by the city as to such employees." "Sec. 12-14.7. Same—Notice. "The City Manager is hereby directed to board of trustees of the Texas Municipal System that the City of Beaumont, Texas, to participate and have the employees of mentioned departments participate in the Benefits Fund of said system." notify the Retirement has elected the above• Supplemental "Sec. 12-14.8. Same—Eligibility; tenure. "Each person who becomes an employee of any par- ticipating department on or after the effective date of participation of such department in said fund shall as a condition of his employment be covered into the Supplemental Benefits Fund of said system. The City of Beaumont, Texas, may in the future refuse to add new departments or new -employees to said fund, but shall never discontinue as to any members who are covered into the fund." "Sec. 12-14.9. Same --Contribution. "The City Manager is hereby directed to remit monthly to the board of trustees of the Texas Municipal Re- tirement System at its office in Austin, Texas, as the city's contributions to the Supplemental Benefit Fund of the Texas Municipal Retirement System, such percentage of earnings of the above-mentioned employees of said city as may be fixed by the board of trustees of the Texas Municipal Retirement System, provided that the rate of contribution to said fund shall not exceed one-half of one percentum (1/2%) of the earnings of the employees of said city who are covered under said fund; and such.official shall make for the city such reports as the board of trustees of the Texas Municipal Retirement System may prescribe." "Sec. 12-14.10. Antecedent service and special prior service credit. "(1) Each person who is an employee of the City of Beaumont, Texas, on the 31st day of December 1969, and who is at that date a member of the Texas Municipal Retirement System shall be allowed and upon the terms and conditions prescribed by Section 26, Article 6243H of Vernon's Texas Civil Statutes as amended by Chapter 371, Acts Regular Session, 61st Legislature, is hereby granted, effective on the date last above mentioned antecedent service credit as that term is defined in said Act, calculated on the basis of one hundred and fifty per cent (150%) of each current ser- vice deposit actually made by such person with the Texas Municipal Retirement System during each month of current service performed for this city prior to the 31st day of December, 1969. "(2) Each person who is an employee of the City of Beaumont, Texas on the 31st day of December, 1969, and who at said date is a member of the Texas Municipal Retirement System and who holds �'g in such system an effective prior service certificate granted by reason of service performed for this city prior to its par- ticipation in said system shall be allowed and is hereby granted a special prior service credit in an amount equivalent to'the accumu- lation that interest has provided in said act in a series of monthly payments of one hundred fifty per cent (150%) of the member's average prior service compensation for the number of months of prior service certified to in such member's prior service certificate. The special prior service credit herein provided for shall be in addition to the prior service credit heretofore allowed such member. "(3) Any person who was- employed by the City of Beaumont, Texas prior to December 31st, 1969 whose membership in Texas Municipal Retirement System by reason of such service has not terminated and who on said date is absent from service in the employment of the city shall be entitled to the antecedent service credit and to special prior -service credit in the amount he would have been allowed under subsections (1) and (2) hereof had he been in active ser- vice on said date, provided such person again becomes an employee of said city before termi- nation of his said membership in Texas Municipal Retirement System and within five (5) years from the 31st day of December, 1969, and pro- vided such person thereupon continues as an employee of a participating department of the City of Beaumont, Texas for a period of five (5) consecutive years." "Sec. 12-14.11. Police department employee con- tributions. "Effective January 1, 1970, all employees of the police department of the City of Beaumont, Texas, who are members of the Texas Municipal Retirement System, shall increase their deposits to the system from the rate of five per cent (5%) to the rate of seven per cent (7%) of their individual earnings." "Sec. 12-14.12. Increased municipal contributions to the current service annuity reserve. "Effective January 1, 1970, for each month of current service thereafter rendered by each of its employees who are members of the Texas Municipal Retirement System, the city will contribute to the current ser - vice annuity reserve of each such member at the time of his retirement, a sum that is one hundred and fifty per cent (150%) of such member's accu- mulated deposits for such month of employment; and said sum shall be contributed from the city's account in the municipality current service accu- mulation fund." "Sec. 12-15. Social Security—Execution of instruments. "The Mayor is hereby authorized, acting for and on behalf of the city, to enter into all necessary agreements and to execute all necessary instruments with the State Department of Public Welfare for the purpose of carrying out the provisions of House Bill 603, Acts 52nd Legislature, Revised Statutes 1951, contained in Article 69.5(g), Vernon's Texas Civil Statutes, 1954 Supplement; and Public Law 734, 81st Congress, Ch. 809, 2d, H.R. 600." "Sec. 12-15.1. Same—Assessments, collections, payments and reports. "The city clerk is hereby directed to be the person responsible for making assessments, collections, payments, and reports, as required by the State Department of Public Welfare." "Sec. 12-15.2. Same --Allocation of funds. "A sufficient sum of money shall be allocated and set aside from available funds for the purpose of carrying out the provisions of the above-mentioned Acts, such money so allocated and set aside to be known as 'The City of Beaumont Social Security Fund', which fund shall be set aside and maintained in the regular city depository." Section 2. If a portion or provision of this ordinance shall be held invalid or unconstitutional, the validity of the remaining provision shall not be affected thereby and for this purpose, the City Council of the City of Beaumont declares this ordinance severable. -11- r Section 3. That all ordinances, or parts of ordinances, in con- flict herewith are hereby repealed to the extent of the conflict only. PASSED by the City Council this the � %•4 day of 19 7 2 . Mayor - -12-