HomeMy WebLinkAboutResolution 61-24RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No. 61-24 Passed .
AMENDING CHAPTER 33 (HUMAN RESOURCES
POLICIES) OF THE DUBLIN CODIFIED ORDINANCES
WHEREAS, the Director of Human Resources has prepared, in consultation with the
City Manager, amendments to Chapter 33 (Human Resources Policies); and
WHEREAS, Council has determined that the amendments should be ratified by
Council; and,
WHEREAS, Council has determined, upon the recommendation of the City Manager,
that certain sections of Chapter 33 (Human Resources Policy) should be amended;
and,
WHEREAS, Council has determined, that these amendments are necessary for the
administrative and operational effectiveness of the City of Dublin; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, __ ‘7 of the elected members concurring that:
Section 1. That Section 33.04 (B) (3) Unclassified Service be amended with the
addition of the following positions:
Chief Communications and Public Relations Officer
Court Administrator
Section 2. This Resolution shall become effective on January 1, 2025.
te Passed this __/3 day of No mae a , 2024,
MY La 3s
Mayor - Presiding Officer
oe Coyhcil //
To: Members of Dublin City Council
From: Megan D. O’Callaghan, City Manager
Date: November 12, 2024
Initiated By: Jennifer Miglietti, Director of Human Resources
Re: Resolution 61-24 Amending Chapter 33 (Human Resources Policies) of the
Dublin Codified Ordinances
Summary
Attached for Council’s review are proposed amendments to Chapter 33 (Human Resources Policies)
of the Dublin Codified Ordinances. The procedure for amending this Chapter of the Codified
Ordinances is specified in Section 33.07 (Amendments) of the Code, which establishes that
amendments shall be reported to Council and, unless Council within 30 days amends or disapproves
such amendments, or such amendments are contrary to the Charter, they shall become effective.
This memorandum summarizes the various proposed changes and a complete redlined version of
the Chapter is attached.
The Director of Human Resources, in consultation with the City Manager, is recommending the
following updates to the specified section and as attached.
Section 33.04 CLASSIFIED AND UNCLASSIFIED SERVICE
Section 33.04 (B) (3) provides a listing of positions specifically identified as being in the “unclassified
service”. The following position titles are being added:
Chief Communications and Public Relations Officer
Court Administrator
Recommendation
Staff recommends that City Council approve Resolution 61-24 at the November 18, 2024 meeting.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
CHAPTER 33: HUMAN RESOURCES POLICIES
Section
General Provisions
33.01 Purpose
33.02 Definitions
33.03 Basis of Human Resources Management System
33.04 Classified and unclassified service
33.05 Scope
33.06 Copies; inquiries to department heads or Director of Human Resources
33.07 Amendments
33.08 Organization and responsibilities
33.09 Equal employment opportunity policy
33.10 Pay equity with city personnel
Position Classification and Compensation Plans
33.20 Purpose
33.21 Development of the classification plan
33.22 Composition of the classification plan
33.23 Use of classification plan
33.24 Job descriptions and classification titles
33.25 Maintenance of classification plan
33.26 Adoption of classification plan
33.27 Composition of compensation plan
33.28 Adoption of compensation plan; adjustments
33.29 Minimum rate; pay rates for transfer, promotion or demotion
33.30 Part-time pay; overtime
Conditions of Employment
33.40 Recruitment and employment
33.41 Examinations
33.42 Eligible lists
33.43 Appointment and probation
33.44 Hours of work
33.45 Holidays
33.46 Vacation leave and personal leave
33.47 Sick leave
33.48 Leave with pay
33.49 Leave without pay
33.50 Resignations
33.51 Outside employment
33.52 Absences
33.53 Employee service evaluations
33.54 Personnel changes and actions
Administration and Enforcement
33.65 Responsibilities of supervisors and department heads
33.66 Public contact
33.67 Political activity
33.68 Personnel records
33.69 Disciplinary actions
33.70 Grievance procedure
33.71 Investigative procedures
Cross-reference:
Merit system; Personnel Board of Review, see Charter Section 6.06
GENERAL PROVISIONS
§ 33.01 PURPOSE.
The purpose of this chapter shall be to comply with the provisions of Article VI, Section
6.06(b) of the Charter of Dublin, Ohio and to adopt a Code of Personnel Practices and
Procedures to define and govern the classified and unclassified service of the city. From
this point forward, this chapter shall use the term "human resources" in lieu of "personnel",
where appropriate, in order to conform to the current vernacular associated with the
human resources profession.
('80 Code, § 163.02(a))
§ 33.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ALLOCATION. The assignment of an individual position to an appropriate classification on
the basis of the kind, difficulty and responsibility of the work performed in the positions,
and allied positions when compared with that position.
CERTIFICATION. Endorsement by the Director of Human Resources as meeting the
minimum required standards for a vacant position.
CHARTER. The Charter of Dublin, Ohio as adopted by the special election on July 24, 1979,
and any subsequent amendments thereto.
CITY. The City of Dublin, Ohio.
CITY MANAGER. The chief executive, administrative and law enforcement officer of the
city who is appointed by City Council in accordance with Article V of the Dublin City
Charter.
CLASSIFICATION. One or more positions sufficiently alike in duties, authority and
responsibility to justify the same title, qualification and pay range.
CLASSIFIED SERVICE. All employees of the city unless the positions which they occupy
have been exempted from "classified service" pursuant to Section 7.01(A) of the Dublin
Charter and Section 163.02(c) of this code and who, after completion of the original
probationary period, or the probationary period following a promotion, may only be
disciplined, dismissed or reduced in pay or position for just cause in accordance with the
procedures contained within this code.
COUNCIL. The City Council of Dublin, Ohio.
DEMOTION. A change in employment status, usually for performance reasons, from a
position of one classification to a position in another classification having a lower pay grade
than the original classification.
DEPARTMENT HEAD. That employee of the city in charge of an established department
and its subordinate divisions. The departments and divisions are identified in the City
Council approved City Organization Chart.
DISCIPLINE. Positive corrective action taken by supervisory personnel to change or
control the behavior of subordinate employees to conform with prescribed policy.
DISMISSAL. The separation of an employee from employment for cause.
DIVISION HEAD. That employee of the city in charge of an established division, which is
subordinate to a department or the Office of the City Manager. The departments and
divisions are identified in the City Council approved City Organization Chart.
ELIGIBLE. A person whose name is on a list prepared by the Director of Human Resources
as a result of passing an open competitive examination or is listed on a re-employment list
as eligible.
ELIGIBLE LIST. A list of eligible in the order of their final grades in an open competitive
examination, or in an order determined by this chapter, as prepared by the Director of
Human Resources.
EMPLOYEE. An individual who performs work for the city and is duly authorized to
receive compensation as reported to the IRS and who has designated the city as employer
for tax purposes.
GRIEVANCE. Any dispute, regarding the meaning, interpretation, application, or alleged
violation of the provisions of this chapter.
IMMEDIATE FAMILY. The current spouse, parent, child, brother, sister, grandparents or
grandchildren. The relationships can be biological, adoptive, step, half, or foster and include
any other individual who stood in loco parentis to the employee when the employee was a
child.
INTERMITTENT EMPLOYEE. Those non-permanent employees whose schedules, hours
and/or positions may vary throughout the year such that they cannot be assigned to a full
time or part time position.
INFORMAL DISCIPLINE. An oral reprimand; action taken by supervisory personnel for
minor infractions that do not warrant formal actions.
JOB DESCRIPTION. The written description for a classification as approved by the City
Manager. It shall include a descriptive title; a section dealing with the essential functions of
the job, general responsibilities; a section of examples illustrative of the work; and a
section listing the knowledge, education, skills, abilities, experience, and attributes that are
required or desirable.
LAYOFF. The temporary or permanent separation of an employee as a result of the
abolishment of the position or the reduction of work due to a shortage of funds, materials,
and/or available work.
OVERTIME. Working time in excess of eight hours/day or 40 hours/week.
PERMANENT FULL-TIME EMPLOYEE. An employee who is scheduled to work a minimum
of 40 hours per week, who has satisfactorily completed the required probationary period
and whose employment is expected to be continuing in duration and is provided for within
the annual budget.
PERMANENT PART-TIME EMPLOYEE. An employee who is scheduled to routinely work
less than 30 hours per week, who has satisfactorily completed their probationary period
and whose employment is normally expected to be continued in the foreseeable future and
is provided for in the annual budget.
POSITION. A group of duties and responsibilities designed to be performed by an
individual. These duties and responsibilities are assigned or delegated by the City Manager
and require the services of full-time or part-time employment of one qualified person.
PROBATIONARY PERIOD. A working trial period during which the employee is required
to demonstrate fitness for the duties of the position they are appointed to and during which
may be terminated without just cause.
PROMOTION. The change of an employee, usually for performance reasons or selection
from a competitive process, from a position in one classification to a position in another
classification having a higher pay grade.
PROVISIONAL APPOINTMENT. An appointment made in the absence of an eligible list for
the classification, on the basis of a non- competitive test.
RECLASSIFICATION. The change of a job classification to a different class, category, or pay
grade based upon employment needs of the city.
REGULAR EMPLOYEE. A person who has been appointed to a position in the classified
service from the eligible list and who has satisfactorily completed their probationary
period.
REORGANIZATION. The change in the way the city or any subordinate department or
division is organized to include, operational structure, reporting hierarchy, supervisory
alignment, reclassification of certain job classifications, and the addition or deletion of
certain job classifications.
SEASONAL EMPLOYEE. An employee who is hired during a particular season of the year,
whose appointment lasts four to nine months in duration or up to 1,560 hours within a
rolling 12-month period.
TEMPORARY APPOINTMENT. An appointment to a position of nonpermanent character
with a defined appointment that is traditionally less than one year.
TRANSFER. A change of job assignment and/or classification created by an employment
need as determined by the City Manager.
UNCLASSIFIED SERVICE. All employees of the city who occupy positions which have been
exempted from the "classified service" and who serve at the pleasure of the city, do not
serve a probationary period, and may be dismissed, disciplined or reduced in pay or
position at any time without regard to the procedures contained within this code.
('80 Code, § 163.01) (Ord. 3-80, passed 1-7-80)
§ 33.03 BASIS OF HUMAN RESOURCES MANAGEMENT SYSTEM.
The basis of the Human Resource Management System established by this chapter shall
be the factors of "merit" and "fitness" in accord with the provisions of Article VI, Section
6.06(a) of the Charter. These factors shall be ascertained, as far as practicable, by
competitive examinations, and by reference to employee service evaluations where
applicable.
('80 Code, § 163.02(b)) (Ord. 3-80, passed 1-7-80)
§ 33.04 CLASSIFIED AND UNCLASSIFIED SERVICE.
Pursuant to Section 6.06(b) of the Dublin Charter, Council shall establish a classified and
unclassified service for employees of the city. Therefore, in accordance with the mandate of
Section 6.06(b), the classified and unclassified service is hereby established as follows.
(A) All employees of the city are presumed to be classified employees unless the
positions which they occupy have been exempted from the classified service pursuant to
Section 6.06(b) of the Dublin Charter. After completion of the original probationary period,
or the probationary period following a promotion, lateral transfer, demotion, or
reinstatement to any position in the classified service, classified employees may only be
disciplined for just cause and in accordance with the procedures contained within this
Code.
(B) Some employees of the city serve in the unclassified service, or occupy positions
which have been exempted from the classified service. Such employees serve at the
pleasure of the city, do not serve a probationary period, and may be dismissed, disciplined
or reduced in pay or position at any time without regard to the procedures contained
within this code. The following positions/personnel are hereby designated as unclassified:
(1) All interns, intermittent, seasonal, temporary, and/or personnel appointed under
an emergency.
(2) All previous City of Dublin employees rehired pursuant to § 33.54(D).
(3) Other positions/personnel identified as follows:
City Manager*
Clerk of Council/Director of Legislative Services*
Chief Financial Officer/Director of Finance*
Chief of Police
Chief Communications and Public Relations Officer
Deputy City Manager
Director of Asset Management and Quality Assurance
Director of Building Standards
Director of Capital Projects
Director of Communications and Marketing
Director of Community Planning and Development
Director of Community Events
Director of Court Services
Director of Economic Development
Director of Engineering
Director of Facilities and Fleet Management
Director of Finance Operations
Director of Human Resources
Director of Information Technology
Director of Innovation and Technology
Director of Outreach and Engagement
Director of Parks and Recreation
Director of Innovation and Analytics
Director of Planning
Director of Public Service
Director of Recreation Services
Director of Taxation
Director of Transportation and Mobility
Director of Utilities and Stormwater
Assistant to the City Manager
Court Administrator
Executive Assistant to the City Manager
Management Analyst
With the exception of the City Manager and Clerk of Council/Director of Legislative
Services who serve at the pleasure of City Council, and the Director of Finance who serves
at the pleasure of the City Manager and Council, all above referenced personnel shall serve
at the pleasure of the City Manager.
* Designated positions are appointed pursuant to 6.03 and 6.06(c) of the City Charter.
(Amended pursuant to §163.02(f))
('80 Code, § 163.02(c)) (Ord. 3-80, passed 1-7-80; Am. Res. 59-22, passed 11-14-22; Am.
Res. 81-23, passed 11-13-23) (Amendment effective 6-20-07; 5-21-08; 11-18-09; 1-1-19; 1-
2-20; 1-1-22)
§ 33.05 SCOPE.
This chapter shall be applicable to all employees of the city, with the exception of the “just
cause” provisions and disciplinary procedures contained in § 33.69 which are not
applicable to employees within the “unclassified service”. This chapter, however, shall not,
in any manner, be applicable to the following:
(A) Elected officials;
(B) Members of boards and commissions;
(C) Members of special ad hoc committees;
(D) Consultants or other independent contractors engaged on a contractual basis.
('80 Code, § 163.02(d)) (Ord. 3-80, passed 1-7-80)
§ 33.06 COPIES; INQUIRIES TO DEPARTMENT HEADS OR DIRECTOR OF HUMAN
RESOURCES.
Given that the purpose of this chapter is not to restrict the rights of any employee, but is
to define these rights, protect the rights of all and insure cooperation, it shall be the
responsibility of each employee to become familiar with the contents and meanings of the
provisions of this chapter. Therefore, a copy of this chapter shall be given to each employee
and a copy shall be available in each department for review and reference. If there are
questions as to the meaning of this chapter or any of its provisions, inquiry shall be made
orally to the employee's department head. If the question or inquiry remains unresolved,
the employee may then direct a written inquiry to the Director of Human Resources. The
Director of Human Resources shall issue a written reply to such an inquiry memo.
('80 Code, § 163.02(e)) (Ord. 3-80, passed 1-7-80)
§ 33.07 AMENDMENTS.
The Director of Human Resources shall prepare, in consultation with and with the
approval of the City Manager, such amendments to this chapter as may be deemed
desirable. Such amendments shall be reported to Council. Unless amended or disapproved
by resolution of Council within 30 days after such report or found to be contrary to the
Charter, they shall become effective. It shall be the responsibility of the
department/division heads to familiarize all employees within their department/division
of amendments to this chapter.
('80 Code, § 163.02(f)) (Ord. 3-80, passed 1-7-80)
§ 33.08 ORGANIZATION AND RESPONSIBILITIES.
(A) Council. Council adopts this chapter and policies relating to fringe benefits,
employment conditions and related human resource matters, including the Compensation
Ordinance.
(B) City Manager. The City Manager shall:
(1) Appoint, hire, promote, dismiss, suspend and otherwise discipline employees in the
classified and unclassified service, except as otherwise provided in the Charter.
(2) Prepare, install and maintain a Position Classification Plan based upon the duties,
authority and responsibility of all positions in the classified service.
(3) Prepare and maintain a compensation plan.
(4) Certify payrolls.
(5) Draft such additions and revisions to this chapter as may from time to time become
necessary and desirable as per § 33.07.
(6) Give, or cause to be given, any examinations or tests required under the provisions
of this chapter and the “merit system”.
(7) Maintain any necessary employee rosters and lists.
(8) Carry out such other duties in regard to the function of human resources
administration as are prescribed under the Charter, this chapter, or by Council action.
(C) Delegation of Duties. The City Manager has the discretion to delegate any and all
duties assigned by this chapter and the person(s) so delegated shall report to the City
Manager as to the performance of the duties so delegated.
(D) Director of Human Resources. The position of Director of Human Resources is
established to assist the City Manager in fulfilling the City Manager’s duties and
responsibilities relating to human resources administration as set forth in this chapter and
the Charter. The Director of Human Resources shall assist the City Manager with the
following activities: employment, classification, wage and salary administration, benefit
administration, service evaluation, administration of this chapter, and such other activities
as the City Manager may delegate. The Director of Human Resources is the administrative
head of the Division of Human Resources.
('80 Code, § 163.03) (Ord. 3-80, passed 1-7-80)
§ 33.09 EQUAL EMPLOYMENT OPPORTUNITY POLICY.
(A) Nondiscrimination. In compliance with all federal and state laws pertaining to non-
discrimination, it is the policy of the City:
(1) To provide equality of opportunity in employment with the city for all persons.
(2) To carry out all programs and activities in such manner that no person shall, on the
grounds of race, color, national origin, religion, sex, genetic information, pregnancy, age,
ancestry, military status, sexual orientation, gender identity, disability, marital status, or
veteran's status, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination with respect to such programs or activities.
(B) Employment, human resources and program practices.
(1) The city prohibits discrimination because of race, color, national origin, religion,
sex, genetic information, pregnancy, age, ancestry, military status, sexual orientation,
gender identity, disability, marital status, or veteran's status, in all aspects of its human
resources policies, working conditions and relationship with employees and applicants for
employment, as well as to provide equal access to all programs in order to promote a
continuing equal employment opportunity program by the city.
(2) The city shall put forth every effort to see that contractors and subcontractors who
perform work for the city shall comply with all federal, state and equal employment
opportunity policies when applicable.
(3) The Director of Human Resources shall serve as the Equal Employment
Opportunity (EEO) officer who will coordinate the city equal employment opportunity
efforts. It shall be the duty of the EEO officer to provide advice, conduct initial
investigations and to seek conciliation of employee discriminatory complaints.
(C) Report/investigatory procedure. The City Manager shall establish a reporting and
investigatory procedure, in the form of an Administrative Order, for city employees to
utilize in the event they encounter or believe they are the subject of discriminatory
practices in relation to their employment with the city. This procedure shall be made
available to all city employees. The City Manager shall ensure all substantiated complaints
of discrimination in violation are addressed appropriately.
(D) Program implementation.
(1) The City Manager shall direct the implementation of the Equal Employment
Opportunity Policy to promote equal opportunity in every aspect of employment policy and
practice, including but not limited to: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including workshops, seminars and schooling.
This implementation shall include, but not be limited to the following:
(a) A notice of the city's policy on nondiscrimination in employment shall be posted
on the city's intranet so as to come to the attention of all employees.
(b) Notification of employment opportunities, new positions, vacancies, promotion
possibilities and training opportunities shall be posted on the city's intranet so as to come
to the attention of all employees.
(c) Any public announcements of employment opportunities placed by or on behalf of
the city shall state that the city is an equal opportunity employer.
(d) The name of the Equal Employment Opportunity Officer shall be posted on the
city's intranet.
(e) As appropriate, place employment advertisements in newspapers.
(f) Systematic contacts will be made with minority and human relations organizations
to encourage referral of qualified minority applicants to the city, and maintain records of
such responses.
(g) The city shall make every effort to promote after-school and summer vacation
employment for minorities.
(h) The city shall inventory and evaluate minority personnel for promotion
opportunities and encourage minority employees to seek such opportunities.
(i) The city shall insure that seniority practices, job classification, and the like, do not
have a discriminatory effect.
(j) The city shall develop and maintain records as related to aspects of this equal
employment opportunity policy such as recruitment, employment, hiring, promotions, and
the like.
('80 Code, § 161.01 - 161.04) (Res. 28-76, passed 6-7-76; Am. Res. 86-15, passed 12-7-15)
§ 33.10 PAY EQUITY WITH CITY PERSONNEL.
(A) The city is committed to pay equity in the workforce.
(B) The city demonstrates a commitment to pay equity through processes that reflect
gender-neutral salary offers and wage increases.
(C) The city’s union workforce has collective bargaining agreements that are gender
neutral and wages that are bargained based on longevity of service.
(D) The city’s non-union workforce annual increases and salary offers are based on
algorithms and analysis that eliminate gender bias.
(Res. 13-20, passed 1-21-20)
POSITION CLASSIFICATION AND COMPENSATION PLANS
§ 33.20 PURPOSE.
An accurate position classification plan facilitates sound human resources management
and effective government operation by clarifying and describing the duties and
responsibilities of employees. Such a system or plan enables the City Manager and city staff
to more equitably administer human resource transactions. An equitable and clearly
defined compensation plan is an essential element of city administration. The
compensation plan is intended to establish wage and salary rates and ranges for all
classifications of employees. It is the goal of the compensation plan to establish wages and
salaries that will enable the city to attract, employ and retain well- qualified employees.
('80 Code, § 163.04(a)) (Ord. 3-80, passed 1-7-80)
§ 33.21 DEVELOPMENT OF THE CLASSIFICATION PLAN.
The City Manager shall prepare and maintain a position classification plan or
“Classification Plan” which shall provide a complete inventory of all positions in the
classified service. The position classification plan shall be based upon an analysis of the
duties and responsibilities of a position, to the end that all positions in the same
classification shall be sufficiently alike to permit the use of: a single descriptive title; the
same training; educational and experience qualifications; the same tests of competence and
the same pay range. A classification may contain one or more positions as determined by
the City Manager.
('80 Code, § 163.04(a)) (Ord. 3-80, passed 1-7-80)
§ 33.22 COMPOSITION OF THE CLASSIFICATION PLAN.
The classification plan shall consist of:
(A) Job descriptions for each classification consisting of the following:
(1) A descriptive title.
(2) A section dealing with the essential functions of the job, general responsibilities,
supervision exercised and received, methods by which work is assigned and reviewed,
hazards associated with the job, and other appropriate measures/descriptions of job
responsibility and difficulty.
(3) A section containing examples of work illustrative of the duties performed. This
listing shall not be all inclusive or limiting, and shall in every case end with the phrase
“performs related work as assigned”.
(4) A section giving the knowledge, abilities, skills, experience and physical attributes
of applicants for entrance into the position.
(B) A listing, by department, of authorized strength and the title of the class to which the
position is allocated.
(C) Job descriptions for unclassified positions may be added to the classification plan.
('80 Code, § 163.04(c)) (Ord. 3-80, passed 1-7-80)
§ 33.23 USE OF CLASSIFICATION PLAN.
The classification plan shall be used:
(A) In recruitment efforts;
(B) As a guide in the preparation of any examinations that may be given to measure
abilities and knowledge needed to perform the work of the classification;
(C) In determining lines of promotions;
(D) In developing employee in-service training programs;
(E) In determining salaries to be paid for various classes of work;
(F) In determining personnel service items in departmental and city budgets; and
2018 S-43
(G) In providing uniform terminology.
('80 Code, § 163.04(d)) (Ord. 3-80, passed 1-7-80)
§ 33.24 JOB DESCRIPTIONS AND CLASSIFICATION TITLES.
(A) Job descriptions are to be interpreted in their entirety and in relation to others in the
classification plan. Particular titles, phrases or examples of work are not to be isolated and
treated as the full definition of the classification. Job descriptions are deemed to be
descriptive and explanatory of the kind of work performed and neither inclusive of all
duties which may be performed nor restrictive of duties which may be assigned or
required. ('80 Code, § 163.04(e))
(B) Classification titles shall be used in all personnel, accounting, budget and financial
records. Where there is more than one classification in an occupational series, Roman
numerals are sometimes used to designate relative levels. The Roman number “I” always
indicates the lowest level of the series. No person shall be appointed to or employed in a
position in the classified service under a title not included in the classification plan. ('80
Code, § 163.04(f))
(Ord. 3-80, passed 1-7-80)
§ 33.25 MAINTENANCE OF CLASSIFICATION PLAN.
No classification plan is static. It is not intended to fix positions permanently in the classes
regardless of changes in organization and duties. Instead, the plan must be continually
administered so as to adapt it to changing conditions. Such changes may be due to any
number of conditions, including the assumption of new services, the extension of certain
activities, changes in organization and the increase of assignment of irregular tasks to some
employees. Therefore, positions shall be periodically reviewed with regard to allocations to
classes. The City Manager is charged with the responsibility for the proper and continued
maintenance of all parts of the classification plan so that it accurately reflects the duties
being performed by each employee in the classified service and the classification to which
each position is allocated. Revisions of job descriptions and reallocations of positions
within the classification plan shall be made as follows:
(A) The City Manager shall direct the Director of Human Resources to study the duties
and responsibilities and other classification factors of each newly created position and, on
the basis of such study, place the position in the appropriate classification.
(B) Department/Division Heads shall report changes in the duties and responsibilities of
a position to the City Manager. They shall then recommend and request any appropriate
changes in job descriptions. It is the responsibility of Department/Division Heads to
implement existing job descriptions and those changes in job descriptions approved by the
City Manager. If changes become permanent and of such a nature to require it, the position
may be reallocated to the appropriate classification.
(C) At the request of a department head, the Director of Human Resources, any
employee, or on the City Manager’s own initiative, the City Manager may review the duties
of any position, and, if warranted, may establish, combine or abolish classifications as
necessary, at the City Manager’
('80 Code, § 163.04(g)) (Ord. 3-80, passed 1-7-80)
§ 33.26 ADOPTION OF CLASSIFICATION PLAN.
The classification plan, and any amendments or additions thereto, shall be adopted by the
City Manager by administrative order, except that Council shall authorize new positions.
('80 Code, § 163.04(h)) (Ord. 3-80, passed 1-7-80)
§ 33.27 COMPOSITION OF COMPENSATION PLAN.
The compensation plan shall be in the form of and adopted by ordinance, and shall be
amended as appropriate. Such amendments shall be prepared and recommended by the
City Manager and approved by Council. The compensation plan shall consist of a listing of
the titles of all positions in the classified service and all regular positions that are
unclassified, together with an assigned pay range and/or rates of pay for each classification
or unclassified position, and a maximum per hour rate, the minimum being the prevailing
legal minimum hourly rate, for part-time and/or seasonal employees. The compensation
plan shall also include provisions dealing with, but not limited to:
(A) Hours of work;
(B) Overtime;
(C) Holidays;
(D) Vacation and sick leave;
(E) Fringe benefits;
(F) Starting rates and probationary period; and
(F) Payroll periods.
('80 Code, § 163.04(i)) (Ord. 3-80, passed 1-7-80)
2018 S-43
§ 33.28 ADOPTION OF COMPENSATION PLAN; ADJUSTMENTS.
(A) Adoption. The compensation plan shall be prepared by the City Manager for
recommendation to Council and shall make provision for merit adjustments in order to
provide incentive in the public service. The compensation plan may be amended by Council
on recommendation of the City Manager from time to time as circumstances require, either
through adjustment of pay rates and ranges or by reassignment of classifications to
different pay ranges. ('80 Code, § 163.04(m))
(B) Incentive merit adjustments. A range of pay shall be assigned to all classifications
and all regular, unclassified positions except that the City Manager may institute a special
pay arrangement or incentive compensation program under unusual circumstances which
will be beneficial to the city. In order to provide for incentive merit adjustments, deviations
may be made by the City Manager from the salary and wage schedule established. These
merit adjustments may be made by the City Manager for each individual employee based
upon an employee service evaluation. ('80 Code, § 163.04(j))
(C) Factors. Pay ranges shall be related directly to the classification plan and shall be
determined with due regard for the following factors:
(1) The pay ranges for other classifications.
(2) The relative difficulty and responsibility of the classification.
(3) The availability of employees in particular occupational categories.
(4) The financial policies of the city.
(5) Other economic considerations.
('80 Code, § 163.04(k))
(D) Development of plan. The City Manager may make comparative studies of factors
affecting the level of pay ranges as often as deemed necessary. Studies should be made
periodically and when possible immediately prior to the preparation of the budget, so that
study findings can be instituted into the plan in time for inclusion in the budget. ('80 Code,
§ 163.04(l))
(Ord. 3-80, passed 1-7-80)
§ 33.29 MINIMUM RATE; PAY RATES FOR TRANSFER, PROMOTION OR DEMOTION.
(A) The minimum rate established for a classification shall be paid upon appointment,
except that appointment rates above the minimum may be authorized if the department
head involved and the Director of Human Resources submit adequate reasons in writing
and such action is approved by the City Manager. Approval will be based upon the
exceptional qualification of the appointee or the inability to employ adequately qualified
personnel at the minimum rate. ('80 Code, § 163.04(n))
(B) If any employee is transferred, promoted or demoted, the rate of pay for the new
position shall be determined as follows:
(1) If the rate of pay in the former classification is less than the minimum rate
established for the classification of the new position, the rate of pay shall be advanced to
the minimum for the classification.
(2) If the rate of pay in the former classification is more than the maximum rate
established for the new classification, the pay range shall be reduced to the maximum rate
or an intermediate rate within the new range, as recommended by the department head
and approved by the City Manager.
(3) If the rate of pay of the former classification falls within the new range of pay, the
salary rate shall remain the same in the case of a transfer, increased in the case of
promotion, and shall remain the same or be lowered in the case of demotion as determined
by the City Manager.
('80 Code, § 163.04(o))
(Ord. 3-80, passed 1-7-80)
§ 33.30 PART-TIME PAY; OVERTIME.
(A) Whenever a non-exempt employee works for a period less than the regular,
established number of hours per day, days per week, weeks per month, or months per year,
the amount paid shall be in proportion to the time actually employed in the class. ('80 Code,
§ 163.04(p))
(B) As a general rule, the requirement of frequent and/or considerable overtime services
in a Department/Division shall be considered evidence of understaffing or improper
organization and shall be subject to investigation by the City Manager. Overtime pertains to
time worked outside of regular work schedules, usually as a result of emergencies or
seasonal activity. All overtime shall be divided into two categories: (1) Scheduled overtime:
that which is anticipated and planned for; and (2) Emergency overtime: that which is not
anticipated and planned for. Necessary overtime work must be authorized by the City
Manager or any department or division director. Compensation for authorized overtime
shall be in accord with the provisions of the compensation plan. ('80 Code, § 163.04(q))
(Ord. 3-80, passed 1-7-80)
CONDITIONS OF EMPLOYMENT
§ 33.40 RECRUITMENT AND EMPLOYMENT.
(A) Procedure for filling vacancies. The City Manager shall determine which, if any,
vacancies in authorized positions are to be filled, taking into account all relevant factors,
including budget constraints should they exist. The City Manager is empowered under the
Charter to appoint all employees in the classified and unclassified service. The City
Manager may delegate the responsibility for recruitment, testing, interviewing and all
similar activities associated with the selection process to the Director of Human Resources
and/or department head involved. All vacancies shall be filled by the appointment of
probationary or temporary employees.
(B) Public announcements. These announcements may specify the title and salary range
of the class for which an examination, if any, is to be held; the time, place and manner of
making application; the closing date for the applications and other information deemed
appropriate by the Director of Human Resources. Any entrance examination for a classified
position, determined to be appropriate by the City Manager, shall be publicly announced by
the Director of Human Resources.
(C) Application forms. Applications shall be made online using forms prescribed by the
Director of Human Resources. Accommodations shall be made to applicants as required by
law.
(D) Disqualification. The Director of Human Resources shall reject any applications
which indicates on its face that the applicant does not possess the minimum qualifications
required or which is not received within the time limit for filing for the position. Notice of
such rejection may be given to the applicant and such rejection shall be final.
(E) Verification. The Director of Human Resources shall make suitable inquiry of
employers, educational institutions, and character references given by the applicant to
verify statements made in the application. If facts so ascertained indicate the applicant's
unsuitability, the Director of Human Resources may reject the application and notify the
applicant to that effect, and such rejection shall be final.
(F) Factors determining appointment. All appointments shall be made according to merit
and fitness, to be ascertained, as far as practicable, by competitive examination. In
determining the successful candidate for any position, due consideration shall also be given
to such factors as education, training, experience, aptitude, knowledge, character, skills,
abilities, references or any other factor which may enter into the determination of the
relative fitness of the applicant.
(G) Probationary appointments. The probationary period shall begin immediately upon
original or promotional appointment, lateral transfer, demotion, or reinstatement and shall
continue for that time period specified in § 33.43(B). The purpose of the period is to
provide an opportunity for the employee to demonstrate that the employee has the
knowledge, skills, ability, work habits, and other attributes necessary to obtain regular
employment status. An employee shall be retained beyond the end of the probationary
period and granted regular status only if the performance of the employee has been found
to be satisfactory and approval of the City Manager is obtained authorizing regular status.
Under certain circumstances, the probationary period of an employee may be extended, but
only for valid reasons, only upon approval of the City Manager, and then for only a specified
period of time after which the procedures set forth above shall apply. The probationary
period shall not be extended indefinitely.
(H) Temporary positions and appointments thereto. A temporary position is one which
is established and approved by the City Manager and designated to be of a duration shorter
than six months, if full time, and no longer than one year, if part time not to exceed 1,560
hours in that year. Sufficient funds must be provided in the budget to establish such a
position. No employee may be retained in a temporary position longer than the times
specified above, after which the employee shall be transferred to a permanent position in a
probationary status or dismissed. Positions which are funded entirely or primarily by
supplemental sources, such as grants or specialized programs, may be of duration longer
than specified above, but shall still be regarded as temporary positions and cannot exceed
1,560 hours in a rolling 12-month period.
(I) Permanent positions. A permanent position shall be one which is established in the
existing budget, funded by the city, and designated and designed to be continuous in
nature. It may be seasonal or part-time, but permanent by it being established in the
budget, designated permanent by the City Manager and filled by a permanent or
probationary employee.
(J) Promotion procedure. All promotions shall be made by the City Manager in accord
with the Charter and this code. When an employee is promoted to a higher paying job
classification, that employee shall be on job probation in the new classification position for
the period prescribed in the compensation plan. During this job probation the employee
may be removed therefrom at any time that the employee demonstrates an inability to
perform satisfactorily the requirements of the job as determined by supervisory personnel.
If the employee is not performing at an acceptable level, the department head may
recommend removal to the City Manager, who shall make the final determination. If
removed from the higher paying job classification, the employee, at the City Manager's
discretion, may be returned to an open position in the classification the employee occupied
prior to promotion, if such a vacancy exists.
(K) Reclassification procedure. When a reclassification of a job classification occurs, as
approved by City Council, where an incumbent currently exists and the incumbent is
performing the duties and responsibilities of the reclassified position, that incumbent shall
remain in place and be given an increase in pay when the job is reclassified to a higher pay
band as defined in the compensation plan. In the event the job is approved for
reclassification to a lower pay band, the incumbent employee shall remain in place at their
current pay grade, but will not be eligible for pay increases until such time their current
pay rate is below the "target" maximum of the lower pay band. The City Manager has the
discretion to offer the incumbent employee the opportunity to transfer to another position
in the city for which they are qualified that is equal to their current pay grade.
(L) Reorganization procedure. All reorganizations of the city or any department of
division thereof shall be approved by City Council. These reorganizations shall generally be
planned to coincide with the submission of the Annual Operating Budget so that any
financial impacts may be addressed at that time. If the City Manager, however, deems the
need for reorganization to occur outside the annual budgeting process, the following
procedure shall apply:
(1) The City Manager shall, with the assistance of the Director of Finance and the
Director of Human Resources, prepare a memorandum to City Council recommending
approval of the reorganization which shall include:
(a) Justification for the reorganization;
(b) New job classifications being created;
(c) Current job classifications being reclassified due to the combination or separation
of current duties and/or responsibilities;
(d) Increases or decreases to current numbers of funded positions by job
classification as reflected in the current year's operating budget;
(e) Financial impact statement, articulating the effect on current and future operating
budgets;
(f) Current and proposed organization charts.
(2) All new positions, other than the reclassification of an incumbent's position/job
classification, resulting from a reorganization, be they current or newly created job
classifications, shall be subject to a competitive selection process described in this Code
and the City Charter except when an employee's current position is eliminated due to
reorganization, the employee meets minimum qualifications for the new position, and
there are no other qualified internal candidates for the new position. In such a case, the
employee whose position was eliminated may, in the City Manager's sole discretion, be
offered the new position. If other qualified internal candidates exist, the position will be
posted for closed competition to internal candidates. If not selected for the new position,
the displaced employee may be offered the position vacated by the employee who was
selected for the new position provided the displaced employee is qualified for the newly
vacant position.
(3) If an amendment to the Compensation Plan Ordinance or the current operating
budget is not required by the reorganization, then the reorganization shall become
effective 30 days after Council approval of the request for reorganization.
('80 Code, § 163.05) (Ord. 3-80, passed 1-7-80; Amendment effective 11-17-05)
§ 33.41 EXAMINATIONS.
(A) Nature. Any examination, when given by the city, shall be of such a type as will test
fairly the relative capacity and fitness of the applicants to discharge efficiently the duties of
classification for which the examination is given. Their content shall be determined by the
Director of Human Resources who shall be responsible for the evaluation of the results. The
examinations may be written and/or oral, physical and/or performance, and/or polygraph,
where deemed appropriate by the City Manager, and may be assembled, unassembled or
any combination of these. When several different tests are used in a single examination, the
Director of Human Resources shall determine and announce to the candidates the weight
to be assigned to each and the grade which must be attained to qualify for a place on the
eligible list, if one is to be established.
(B) Qualifications. The Director of Human Resources may require applicants to submit at
the time of examination:
(1) Proof of their age, but only in the instance where there is a valid reason to suspect
that the applicant is a minor,
(2) Proof of eligibility to work in the United States, and
(3) Evidence of military service.
(C) Notification of results. Each person who takes an examination shall be given written
notice as to whether a passing or failing score was achieved along with relative standing on
an appropriate the eligibility list, if used and if the applicant was successful. Each person
shall be entitled to inspect their own papers, but not those of other candidates, during
regular office hours under the supervision of the Director of Human Resources.
(D) Medical examinations. Before any person is appointed as a probationary or
provisional employee, the person may be required to submit to a medical examination
administered by a physician selected for that purpose by the Director of Human Resources.
Physical requirements shall be job related, consistent with job necessity, and in no instance
shall an applicant with a disability be denied a position if they are capable of performing
the essential functions of the job with or without a reasonable accommodation. The
expense of this post-offer pre-employment physical examination shall be paid for by the
city. All employees other than regular, full-time employees may be required to submit a
statement from a qualified physician that they are in good physical health to perform the
necessary duties in their employment with the city. This provision applies particularly to
seasonal, temporary and part-time employees.
(E) Reexamination. No person who has failed to pass an examination shall be
reexamined for the same classification within one year from the date of such failure, unless
the Director of Human Resources determines that such reexamination is in the best interest
of the city employees recruitment program.
(F) Noncompetitive examinations. In accord with the Charter, as a general rule, if an
exam is determined to be appropriate, it shall be open and competitive. However, all
nominees for provisional appointments shall submit applications therefor, await
verification and evaluation of education and work experience, take preemployment
physical examinations, and shall be approved by the Director of Human Resources as
meeting the minimum qualifications established by the classification plan. This procedure
shall be known as a noncompetitive examination.
(G) Promotional examination/selection process.
(1) Whenever it is the judgement of the City Manager and Director of Human Resources
that vacancies in classifications above the entrance level should be filled by promotion, a
promotional selection/examination process may be initiated. This selection/examination
process shall be closed and competitive unless the Director of Human Resources
determines that the number of internal candidates qualified to participate in the process is
insufficient to justify closed competition, in which case the promotional
selection/examination process shall be open and competitive in character.
(2) Eligibility to participate in a promotional selection/examination process shall be
determined according to normal lines of progression established in the classification plan
and the City Manager and Director of Human Resources shall determine the classifications
which qualify for eligibility.
(3) The promotional selection/examination process shall consist of one or a
combination of several components deemed by the Director of Human Resources to be
valid, useful and nondiscriminatory (e.g. written examinations, interviews, assessment
centers, physical fitness examinations, medical examinations, background or reference
checks, psychological examination, or other valid selection/examination components).
Candidates' past performance shall also be given due consideration, if applicable or
appropriate.
(4) Individuals shall not be eligible for participation in any promotional
selection/examination process until they have successfully completed a probation period
in their current classification, with the exception of the police classifications/ranks. In
order to be eligible to be promoted to the rank of Police Sergeant, individuals shall have at
least two years of experience as a full time Police Officer. Candidates holding the rank of
Sergeant for at least one year with the Dublin Police Department and who are out of their
probationary period, as of the appointment date, will be eligible for a competitive
promotional selection/examination process to the rank of Police Lieutenant. Police
Lieutenants shall serve at least three years in the classification/rank before becoming
eligible for participation in a promotional selection/examination process for the
classification/rank of Deputy Chief of Police.
('80 Code, § 163.06) (Ord. 3-80, passed 1-7-80; Amendment effective 1-1-22; Am. Res. 81-
23, passed 11-13-23)
§ 33.42 ELIGIBLE LISTS.
(A) Types. There shall be four types of eligible lists maintained by the Director of Human
Resources:
(1) Original appointment eligible lists;
(2) Reemployment eligible lists;
(3) Laborer eligible lists; and
(4) Promotional eligible lists.
Such lists shall be maintained for each classification, insofar as necessary or practicable.
(B) Requisitions. Whenever a vacancy in the classified service is to be filled, the City
Manager shall make a requisition upon a form prescribed by the Director of Human
Resources. Such requisition shall be sent to the Director of Human Resources who shall
certify the names of eligible to the City Manager. A separate requisition shall be filed for
each vacancy.
(C) Certifications. If a reemployment eligible list exists for the classification in which the
vacancy exists, the name which has been longest on the list shall be certified and the
eligible applicant appointed if the employee is willing. If there is no such reemployment
eligible list, certification shall be made from the appropriate original appointment eligible
list or promotional eligible list or laborer eligible list as applicable. In the case of original
and promotional appointments the Director of Human Resources shall certify all the names
of those having the three highest scores on the appropriate appointment eligible list.
(D) Additional certifications. When any certified eligible shall decline in writing to accept
the appointment, the City Manager shall file such declination with the Director of Human
Resources and shall receive one additional name from the list in substitution therefor.
(E) Reemployment eligible lists. Regular employees laid off due to lack of funds or work
shall be placed on a reemployment eligible list.
(F) Duration of eligible list. Original appointment eligible lists, promotional eligible and
labor eligible lists shall be valid for six months from the date of their original creation or
until the current hiring process is closed. The Director of Human Resources may extend a
list for an additional period of not more than six months, reciting the reasons therefor.
Reemployment eligible lists shall be valid until used or until all those whose names appear
thereon have declined appointment.
('80 Code, § 163.07) (Ord. 3-80, passed 1-7-80; Amendment effective 1-1-19; 1-1-22)
§ 33.43 APPOINTMENT AND PROBATION.
(A) Notice. Within two weeks after a certification has been made, the City Manager shall
appoint one of the persons so certified to fill the vacancy. The notice of appointment shall
be filed with the Finance Director, with a copy sent to the Director of Human Resources,
and those certified but not appointed shall be restored to their original places on the
eligible list.
(B) Probationary period.
(1) Upon original or promotional appointment, lateral transfer, demotion, or
reinstateemnt to any position within the classified service, each employee shall serve a six-
month probationary period with the exception of employees appointed to the following
classifications, which shall have a one-year probationary period*:
(a) Communication's Technician (Dispatcher)
(b) Police Officer*One year from the beginning of field officer training
(c) Police Sergeant
(d) Police Lieutenant
(e) Deputy Chief of Police
(2) The work performance and conduct of the probationary employee shall be
evaluated in writing by use of an established, formal performance appraisal instrument at
both the midpoint and conclusion of the probationary period. All evaluation reports shall
be submitted to the Director of Human Resources or designee who, after review, shall
transmit them to the employee's respective personnel file.
(C) Regular status. Probationers shall become regular employees at the end of their
probationary period provided the evaluation reports indicate satisfactory performance of
their duties. In addition, at least ten workdays before the conclusion of the probationary
period the department head shall file the evaluation report and a written recommendation
with the Director of Human Resources.
(D) Personnel actions during probation. Probationers may be removed or demoted any
time during the probationary period by a written notice to the employee by the City
Manager or designee indicating that the employee’s services and performance are not
satisfactory. Such removals and demotions are not subject to appeal. Copies of such notices
shall be filed with the Director of Human Resources.
(E) Emergency appointments. Whenever an emergency exists which jeopardizes the
city’s ability to maintain public services and requires that a vacancy be filled immediately,
the City Manager may appoint any qualified person temporarily to perform the duties of
the position. Such appointment shall be for a period no longer than 60 days and shall not be
extended or renewed.
(F) Provisional appointments. Whenever there is no eligible list from which a
certification can be made, the Director of Human Resources shall so inform the City
Manager, and if the City Manager determines that it is not expedient to await the
establishment of such a list before making an appointment, the City Manager shall direct
the Director of Human Resources to submit the applications on file of persons deemed to
be suitable for noncompetitive examination and provisional appointments. A provisional
appointment shall be for a period not longer than three months, during which a
competitive process shall be initiated. The provisional employee shall not be eligible for
appointment at probationary status until the employee has participated in a competitive
process. The probationary period of a provisional employee so appointed may be
shortened by time already served in a provisional status.
(G) Temporary Appointments. Temporary appointments for short term employment
shall be made from eligible lists. If no lists exist, or if no eligible is willing to accept
temporary appointment, the City Manager may authorize the appointment of any qualified
person, following a noncompetitive examination. Temporary appointments of the same
person to the same position shall be for not more than six months in any calendar year. If
the same individual is subsequently appointed to a permanent position, temporary service
time shall not be counted as part of the probationary period.
(H) Seasonal appointments. Seasonal appointments shall be made from applications on
file. The director for the department concerned may appoint, with the City Manager's
approval, qualified candidates to fill the positions. Seasonal appointments of the same
person to the same position shall not extend for more than nine months or 1,560 hours in
any rolling 12-month period unless written approval is obtained from the City Manager. If
the same individual is subsequently appointed to a permanent position, seasonal service
shall not be counted as completion of the probationary period.
(I) Maximum Age for Sworn Peace Officers. Notwithstanding any provision of the Ohio
Revised Code to the contrary, there shall be a maximum age restriction of 45 years of age
for an applicant seeking an original appointment as a Police Officer with the City of Dublin.
An original appointment occurs the first time any appointing authority places an employee
into a position as a sworn peace officer. If an applicant is over the age of 45 and has
received an original appointment with another appointing authority, the applicant would
be eligible for appointment as a Police Officer with the City of Dublin.
('80 Code, § 163.08) (Ord. 3-80, passed 1-7-80; Amendment effective 11-17-05; 1-1-19; 1-
2-20; 1-1-22; Am. Res. 59-22, passed 11-14-22; Am. Res. 81-23, passed 11-13-23)
§ 33.44 HOURS OF WORK.
The normal workweek consists of 40 hours based on five consecutive eight hour
workdays followed by two consecutive days off. The City Manager has the discretion to
establish hours of work for departments/divisions which differ from the normal
workweek, or for individual employees in order to meet operational needs, special
program needs, unusual, or emergency situations. Deviation from normal working hours
for individual employees is not allowed except as approved by the individual employee's
department head and the City Manager. The Police Division shall operate on a continuous
shift system and be open to the public 24 hours per day; the remainder of the city offices
shall be open to the public from 8:00 a.m. to 5:00 p.m. with the exception of weekends and
holidays.
('80 Code, § 163.09)
§ 33.45 HOLIDAYS.
(A) All employees serving in full-time or part-time permanent positions, with the
exception of those covered by a collective bargaining agreement between the city and the
Fraternal Order of Police (FOP), the Fraternal Order of Police - Ohio Labor Council (FOP-
OLC), or the United Steel Workers (USW), shall be entitled to paid time off on those
holidays observed by the city as specified in the "Compensation Plan" adopted by City
Council. Special provisions for those employees within a collective bargaining unit are
respectively contained within the various collective bargaining agreements mentioned
above. The holidays observed by the city are enumerated in the "Compensation Plan".
(B) In order to receive paid time off for an observed holiday, an employee must not have
been absent without approved leave on the day before or after the holiday. In the event an
employee is on sick leave the day before or after an observed holiday, said employee may
be required to present a doctor's certificate verifying the illness in order to become eligible
for paid time off. Other related provisions regarding eligibility for paid time off for
observed holidays are contained within the “Compensation Plan”.
(C) Any department/division head who finds it necessary to do so may direct some or all
employees of the department/division to report for work on any of the holidays in effect.
(The normal operations within the Division of Police dictate that any holiday which is
observed on a law enforcement officer's (i.e. sergeant, corporal, police officer) or
communication technician regular scheduled workday, shall automatically be worked by
such individual unless the individual is excused from work.) Provisions regarding
scheduling, time off, compensation for work on an observed holiday, and the like are
contained in the "Compensation Plan". These same provisions for those employees covered
by a Collective Bargaining Agreement are contained within those agreements.
§ 33.46 VACATION LEAVE AND PERSONAL LEAVE.
(A) All employees serving in full-time permanent positions shall be entitled to paid
vacation pursuant to the provisions of the “Compensation Plan” adopted by City Council.
(B) Vacation leave shall be scheduled by the department/division heads for their
employees, and is subject to the approval of the department/division heads. Requests for
vacation leave shall be submitted in conformance with the applicable administrative orders
of the City Manager.
(C) All employees serving in full-time permanent positions shall be entitled to paid
personal leave pursuant to the provisions of the "Compensation Plan" adopted by City
Council.
(D) Personal leave shall be scheduled by the department/division heads for their
employees, and is subject to the approval of the department/division heads. Requests for
personal leave shall be submitted in conformance with the applicable administrative
orders of the City Manager.
§ 33.47 SICK LEAVE.
(A) All employees serving in full-time and part-time permanent positions shall be
entitled to sick leave at the rate specified in the “Compensation Plan” adopted by Council.
(B) Sick leave shall be used for the following reasons:
(1) Physical or mental illness, injury, or disability of the employee;
(2) Physical or mental illness, injury or disability of one or more of the employee's
immediate family members, requiring the employee's personal care and attendance. (See
the definition of IMMEDIATE FAMILY in § 33.02.)
(3) Necessary appointments with healthcare providers.
(C) Sick leave may also be requested for other members of an employee's household and
may be approved at the discretion of the City Manager, or the City Manager’s designee, on a
case-by-case basis, based upon the circumstances of each particular case.
(D) In order to qualify for sick leave payments, the employee must notify the employee’s
supervisor not later than one-half hour before the employee’s normal starting time on the
first day of absence, unless the circumstances surrounding the absence make such
reporting impossible, in which case such report must be made as soon as possible. Sick
leave for appointments must be requested 48 hours in advance, except in emergency
situations.
(E) New employees shall be granted, at the date of their employment, an “advance” of
three days of sick leave. However, no additional sick leave will be allowed to accumulate
until the end of the third month of employment.
(F) In the event an employee requests sick leave for a period of longer than two
consecutive days, or for the day immediately preceding or following a holiday, the
supervisor may require the employee to submit a doctor's certificate verifying the illness
and justifying the necessity of the absence. If the supervisor determines that an employee's
use of sick leave is not justified, the supervisor shall have the authority to charge the absent
time to the employee's vacation or sick leave balance or to record the absent time as leave
without pay.
(G) The City Manager, assisted by all supervisory personnel, shall be responsible for
preventing abuses of sick leave. Sick leave shall not be considered leave time which an
employee may use for personal business. The employer may require medical proof of the
necessity of sick leave, in which event the involved employee shall be required to produce a
statement from a medical doctor certifying to the necessity of such absence. If an employee
is found to have abused this sick leave policy provision, they shall be subject to disciplinary
action, including possible suspension or dismissal.
(H) Vacation leave, personal leave or compensatory time may be used to supplement
sick leave when the latter is exhausted. All sick leave shall be requested according to the
procedures outlined in the administrative orders of the City Manager.
(Am. Ord. 01-04, passed 2-2-04; Am. Ord. 69-08, passed 9-15-08; Am. Ord. 99-13, passed
12-9-13; Amendment effective 1-1-22; Am. Res. 81- 23, passed 11-13-23)
§ 33.48 LEAVE WITH PAY.
Leave with pay may be granted, upon the approval of the City Manager, or the City
Manager’s designee, to an employee in the following instances:
(A) Court leave. The City of Dublin recognizes that it is the civic duty of its employees to
participate in court proceedings as a juror or witness, not including personal matters, each
permanent, full time employee shall be entitled to receive compensation at the regular rate
of pay for each working day spent in a court service, not to exceed four weeks. A copy of the
summons must be submitted to the employee's immediate supervisor as soon as the
employee receives the summons. If the employee is released or excused from court service,
and there are two hours or more left in the employee's scheduled work day, the employee
is required to return to work or contact their supervisor and request to take accrued time
to complete the normal work day. In the event the court provides an expense
reimbursement to an employee summoned for court service, the employee is permitted to
keep the stipend.
(B) Military reserve leave. Leave with pay may be granted to employees serving in full-
time permanent positions who are members of military reserve organization in order that
they might attend reserve duty. Such leave shall not be authorized as vacation, sick leave,
or personal leave, or compensatory time, and shall in no case exceed two calendar weeks in
a year. The city shall supplement military reserve compensation up to the employee's
normal scheduled compensation had they worked for the city during this period. This
provision shall be exercised only if the employee produces official evidence of
compensation earned from the reserve unit within one week of the employee’s return to
work for the city and upon approval of the City Manager or the City Manager’s designee.
(C) Injury leave. When a full-time permanent employee's absence from work is
necessitated because of an illness or injury incurred while on the job with the city and the
illness or injury is compensable under Ohio Worker's Compensation Law, injury leave may
be granted at the discretion of the City Manager, or the City Manager’s designee, for a
period of time not to exceed 180 calendar days. Such leave may be granted by the City
Manager, or the City Manager’s designee, based upon the recommendation of the
employee's department/ division head and upon submittal by the employee of a statement
from a licensed physician justifying that the employee is unable to return to full work
status due to the illness/injury. Such leave shall not be charged against the employee's sick
leave balance unless it is determined that the illness or injury is a non-work related illness
or injury and is not compensable under Ohio Worker's Compensation Law. In order to be
eligible for injury leave, the employee must report the illness/injury to the employee’s
supervisor within three workdays of the incident giving rise to the illness/injury.
Simultaneously with the request for injury leave, the employee shall make application and
actively prosecute a claim for lost wage benefits under Ohio Worker's Compensation Law.
If the application for benefits is favorably considered, the city's obligation under the
continued use of injury leave shall be the monetary difference between the employee's
regular rate of pay and the benefits received under Worker's Compensation. It is the intent
of the city to assure the employee of full pay while on injury leave, considering the lost
wage benefits received from Worker's Compensation and the city in the aggregate.
(D) Other. Leave with pay may be granted by the City Manager, or the City Manager’s
designee, for other good and sufficient reasons which are considered to be in the best
interest of the city, but only in the event of extraordinary circumstances.
(E) Bereavement leave. All employees serving in full-time permanent positions shall be
entitled to bereavement leave in the amount specified by the "Compensation Plan" adopted
by City Council. This leave may be used for the death of one or more of the employee's
immediate family members and extends to: mother-in-law, father-in- law, daughter-in-law,
son-in-law, brother-in-law, sister-in-law, grandmother-in-law, grandfather-in-law, aunt,
uncle, or any other relative living in the employee's home.
('80 Code, § 163.13) (Am. Ord. 12-95, passed 3-20-95; Am. Ord. 98-96, passed 11-4-96; Am.
Ord. 41-00, passed 3-20-00; Am. Ord. 69-08, passed 9-15-08; Amendment effective 1-1-22)
§ 33.49 LEAVE WITHOUT PAY.
Leave without pay may be granted, upon the approval of the City Manager, if requested in
writing by the employee. When paid leave balances are sufficient to cover an absence, paid
time must be used before taking leave without pay. In the case of medically related
absences for self or an immediate family member, paid sick leave must be exhausted as
well as all banks of vacation, personal leave, and compensatory time before taking leave
without pay. An employee on leave without pay shall not accrue sick leave or vacation
benefits, and the employee will be required to pay group health premiums in total if the
employee wishes such coverage continued. Failure of any employee to report promptly at
the expiration of such leave of absence shall be considered as a resignation. Leave without
pay may be granted subject to the regulations herein.
(A) Personal business leave of absence. A leave without pay granted at the discretion of
the City Manager for personal reasons not to exceed 30 days without loss of seniority, if the
employee can be spared. This may be extended only with the written approval of the City
Manager, and must be submitted in writing a minimum of two weeks prior to the requested
date of the extension.
(B) Extended illness or accident leave. A leave without pay granted to a permanent
employee for a period not to exceed one year without loss of seniority when such employee
is physically unable to report for work because of illness or accident. The employee must
promptly notify the employee’s supervisor of the necessity therefor and the supervisor
shall transmit the request to the City Manager for approval. The employee must also supply
certification from a qualified physician attesting to the necessity of such absence.
(C) Maternity leave. A maternity leave without pay may be granted to a permanent
employee without loss of seniority upon approval of the City Manager and
recommendation of the department head involved. Extension of the leave may be granted
for a period not to exceed one year, if the employee's physician states in writing that such
an extension is needed for recuperative health reasons.
(D) Probationary period. Leave without pay during the probationary period shall not be
counted as part of that period.
(E) Training.
(1) Temporary leaves of absence with or without pay for training purposes or for other
objectives related to the employee's work and performance may be granted by the City
Manager for such periods as considered justifiable, within the limitations of the budget.
(2) In regard to employment and on-going training, any employee who voluntarily
terminates employment with the city within one years after completing any training
sessions designed to produce a professional or trade certification or license, for which an
expenditure of city funds in excess of $200 was involved in the form of fees or tuition, shall
reimburse the city for the entire amount of that expenditure. In regards to the Tuition
Reimbursement Program, specific guidance pertaining repayment of tuition if an employee
voluntarily terminates employment for up to two years following the payment of
reimbursement for any course designed to produce a college degree, or as part of an
individual course of study, is found in the "Non-Union Compensation Plan Ordinance" or
the appropriate collective bargaining agreement for unionized personnel. Failure to
reimburse the city shall result in an indebtedness to the City of Dublin, a notation of same
on the employee's personnel record, and may be part of a reference to future prospective
employers.
(F) Rate of pay upon return from absence. Whenever an employee returns from a leave
of absence, the rate of pay shall be at the same rate as when the employee’s leave became
effective.
('80 Code, § 163.14) (Ord. 3-80, passed 1-7-80; Amendment effective 1-1-19; 1-1-22)
§ 33.50 RESIGNATIONS.
(A) An employee shall render at least ten business days prior written notice prior to
their last working day with the city.
(B) Department/division heads shall render at least one month's written notice to resign
unless waived by the City Manager.
(C) Failure to comply with the provision shall forfeit any unused vacation leave to the
employee’s credit, or pay in lieu thereof. Furthermore, absent special circumstances, it may
be a bar to future employment with the city and may be part of a reference by the city to
prospective employers of the resigning employee at the discretion of the City Manager.
('80 Code, § 163.15) (Ord. 3-80, passed 1-7-80; Am. Res. 81-23, passed 11-13-23)
§ 33.51 OUTSIDE EMPLOYMENT.
All outside employment of municipal employees shall be subject to review by the City
Manager. In the event an employee desires to work for another employer, the employee
must first notify the employee’s department head in writing, stating where the employee
will be working, the hours, the type of work the employee will be performing, and the
telephone number where the employee can be reached in case of the necessity for the
employee to report to work. In the event the job being performed conflicts in any way with
city work requirements or adversely affects the employee's attendance or capability to
perform assigned duties, the employee shall be notified by the department head to
immediately terminate employment with either the other employer or the city.
('80 Code, § 163.16) (Ord. 3-80, passed 1-7-80)
§ 33.52 ABSENCES.
The city provides essential public services to the residents of our community. It must be
ready to meet demands for service throughout each day, every day of the year. To fulfill this
obligation, the city needs everyone on duty every day on which the employee is scheduled
to work.
(A) Absence weakens the city’s ability to furnish essential public services. All employees,
therefore, should strive for good attendance by:
(1) Maintaining reasonable health standards and taking precautions against illness.
(2) Not allowing minor inconveniences to keep them away from the job.
(3) Making every effort to observe safety rules and practices on and off the job.
(4) Taking care of personal business outside of working hours.
(5) Every employee is expected to work regularly and punctually. Good attendance is a
most important job requirement. Failure to comply will result in disciplinary action.
(B) No employee may intentionally absent themselves from city work without giving
prior notification to their supervisor. Such unauthorized absences include, but are not
limited to: failure to start work at the designated time, nonreturn from lunch, quitting work
before the proper time, or leaving work during working hours without the permission of
the employee's supervisor. Any employee who is absent from duty without approval shall
receive no pay for the duration of the absence, and unless there is a legitimate reason for
such absence, shall be subject to disciplinary action and/or dismissal according to the
provisions of this chapter.
('80 Code, § 163.17) (Ord. 3-80, passed 1-7-80)
§ 33.53 EMPLOYEE SERVICE EVALUATIONS.
All employees shall meet existing basic standards of performance in their work.
(A) An employee will be evaluated in relation to the quantity and quality of work,
dependability, knowledge of work, competence, efficiency, judgment, cooperation,
responsibility, relationship with public, and other factors as may be determined by the City
Manager to be useful in measuring the value and performance of city employees.
(B) An employee shall be evaluated in writing by the employee’s supervisor at the
midpoint and conclusion of the probationary period. This is done to ascertain if the
employee has acquired or refined existing skills to a level which will permit the employee
to function satisfactorily as a permanent employee in the position. After these two
probationary evaluations, all employees shall be evaluated annually by use of written
performance evaluations by their supervisor.
(C) All evaluations shall be written and shall be on the form prescribed by the City
Manager.
(D) Upon completion of an evaluation, the supervisor shall review the same in a personal
interview with the employee. This personal interview should be used to expand upon the
written evaluation by providing feedback on the employee's performance and outlining
those areas in need of improvement. Because of the great importance of service evaluation,
all ratings must be supported with a written explanation by the evaluator, especially
ratings which are above average. If the evaluation was below average, written prescriptive
recommendations for improvement should be given to the employee during the interview.
These shall be incorporated into the “Employee Objectives for Next Reporting Period”
section of the evaluation instrument.
(E) Both the supervisor/rater and the employee shall sign the evaluation with the
original forwarded to the City Manager. If the employee wishes to have the evaluation
reviewed, such review shall be conducted by the department head jointly with the
immediate supervisor. In the case where the immediate supervisor is the department head,
this review may be conducted jointly by the City Manager.
(F) When all evaluation procedures and reviews are completed and the City Manager has
signed the evaluation form, the original form shall be forwarded to the Director of Human
Resources who shall place it in the employee's personnel file.
(G) Informal evaluation should involve an ongoing, continuous dialogue between the
employee and the employee’s supervisor. This is especially important during the
employee's probationary period. These informal evaluations will normally consist of
frequent talks so that the supervisor and employee may work cooperatively to understand,
evaluate and improve individual performance.
(H) Past employee service evaluations shall be given consideration in making
promotions, granting merit pay increases, determining layoff sequence and demotions, and
in taking disciplinary actions.
('80 Code, § 163.18) (Ord. 3-80, passed 1-7-80)
§ 33.54 PERSONNEL CHANGES AND ACTIONS.
(A) Forms. The Director of Human Resources shall prescribe the necessary forms for
reports of all personnel changes or actions in the city service which shall be used by all
supervisors and designated others.
(B) Layoff. Whenever there is lack of work or lack of funds requiring a reduction in the
number of employees of the city, the City Manager shall determine the classes of
employment in which such reduction shall be made and the number to be laid off.
Employees shall be laid off at the time and in the number specified by the City Manager in
the inverse order of their relative length and quality of service, the latter as established by
service evaluations. Within the affected class or classes, all temporary employees shall be
laid off before provisional, and all probationary employees before regular permanent.
(C) Call back. When the work or financial situation improves or permits, those who have
been laid off shall be called back to work and reinstated in the positions they held before
layoff with the same status and seniority as they had at the time of their layoff, in the
inverse order of their layoff, if they are still available. If not immediately available, their
names shall be placed on reemployment eligible lists.
(D) Rehire. Any employee who separates service in good standing may be rehired, under
unusual circumstances and without the normal competitive selection process, to any
position in the same job classification, if vacant, when the City Manager has determined
that there is a compelling need for the former employee’s services within two years after
the date of separation. All such rehires shall be subject to approval by the City Manager. In
the event such an employee is re-hired, the employee shall serve in the "unclassified
service" pursuant to § 33.04(B).
(E) Retirement. Retirement is subject to the provisions of the applicable retirement
system and applicable state and/or federal law.
('80 Code, § 163.19) (Ord. 3-80, passed 1-7-80; Amendment effective 11-17-05; 10-15-09)
ADMINISTRATION AND ENFORCEMENT
§ 33.65 RESPONSIBILITIES OF SUPERVISORS AND DEPARTMENT HEADS.
(A) It is the responsibility of all employee supervisors and department heads to see that
this chapter and all other personnel guidelines and administrative orders and policies are
enforced and administered fairly and equitably among all their employees.
(B) It shall be the responsibility of each department head to maintain control and
discipline in their respective department. This responsibility involves dealing promptly
with violations of this chapter, city ordinances, the Charter, administrative orders of the
City Manager, and federal and state laws. Each department head is also charged with
enforcing and monitoring such matters as punctuality, time worked, and the like. When a
violation occurs, the department head is responsible for initiating appropriate disciplinary
action in a timely manner.
(C) Department heads are authorized and encouraged to frame and promulgate written
departmental rules. Such rules should be organized and distributed to all affected
employees and a copy kept in the department head's office for reference. All such rules
shall be supplemental to this chapter, and shall not conflict with or supersede the
administrative orders of the City Manager, this chapter, the Charter, the U.S. and Ohio
Constitution, or Federal, State or local laws to the contrary. All departmental rules shall be
subject to approval, review, amendment and revocation by the City Manager.
('80 Code, § § 163.20, 163.21) (Ord. 3-80, passed 1-7-80)
§ 33.66 PUBLIC CONTACT.
All employees shall endeavor to make all forms of oral and written contact with residents
and the public as pleasant, courteous, and helpful as possible. All residents should be
treated with honesty, tact, courtesy, and parity. Procedures for complying with this
provision shall be defined in the administrative orders of the City Manager. Violations shall
be handled in accordance with the disciplinary provisions of this chapter.
('80 Code, § 163.22) (Ord. 3-80, passed 1-7-80)
§ 33.67 POLITICAL ACTIVITY.
(A) Candidacy. No officer or employee of the city shall continue therein after becoming a
candidate for nomination or election to any partisan public office.
(B) Political activities.
(1) No person employed by the city shall orally or in writing solicit or in any manner be
concerned with soliciting any assessment, subscription or contribution of any type for any
political party or political purpose whatsoever from any person holding a position in the
service of the city.
(2) No person holding a position in the service of the city shall make any contribution
to the campaign funds of any candidate for city elective office for the actual or apparent
purpose of influencing such persons or receiving favors of any nature from the persons.
(3) No person holding a position in the service of the city shall take any part in the
management of the affairs of a political party, other than in the exercise of their rights as a
citizen to express their opinion and cast a vote.
(4) Any violation of this section shall be reported immediately by the person having
knowledge of the facts thereof to the City Manager. The City Manager shall cause an
investigation to be made and if the facts are found to be substantiated, cause the offender
to be suspended from duty and commence actions necessary to cause the offender's
removal.
(5) City employees are prohibited from becoming actively involved in any campaigns
for any city elective office.
(C) Examples of permissible activities for employees include, but are not limited to the
following:
(1) Registration and voting;
(2) Expression of opinions, either oral or written, in the employee's individual, private
capacity;
(3) Voluntary financial contributions to political candidates or organizations not in
contradiction to the provisions in division (B) above;
(4) Circulation of non-municipal, nonpartisan petitions, petitions that do not identify
with any particular party, or petitions stating views on legislation;
(5) Attendance at political rallies;
(6) Signing nominating petitions in support of individuals;
(7) Display of political materials in the employee's home or on the employee's
property;
(8) Wearing political badges or buttons in the employee's private capacity, or the
display of political stickers on private vehicles; and
(9) Serving as a precinct election official under R.C. § 3501.22.
('80 Code, § 163.23) (Ord. 3-80, passed 1-7-80; Am. Ord. 37-14, passed 5-19-14)
§ 33.68 PERSONNEL RECORDS.
(A) Personnel file. One, and only one, personnel file shall be maintained for each
employee and shall be in the custody of the Director of Human Resources. The personnel
file shall contain all the official records of the city regarding an individual employee. Where
past disciplinary actions or allegations of misconduct are relevant to considerations of
future disciplinary action or promotion, only those disciplinary actions of record contained
in the personnel file shall be considered. An employee may review their personnel file at
reasonable times in the presence of the Director of Human Resources upon written request
to the Director of Human Resources. Copies of documents shall be made available to the
employee at a reasonable charge. All such copies shall be marked “employee's copy”. The
confidentiality of matters contained in the personnel files shall be the responsibility of the
Director of Human Resources who shall release only such information permitted or
required by law, subject to the provisions of the Ohio Privacy Act.
(B) Retention of records. All actions of records, including appointment, evaluations,
promotions, written reprimands, dismissals, suspensions, will be maintained in each
employee's personnel file throughout their period of employment with the exception that
records of written reprimands will be removed from the file upon the request of the
employee two years after such was given, provided no further disciplinary action has
occurred. Written reprimands so removed from the file shall be destroyed. In any case in
which a written suspension, demotion or dismissal is disaffirmed through the grievance
procedure, the personnel record shall clearly indicate such disaffirmance. Copies of
commendations, letters of appreciation, training certificates or records, and like matters
shall also be maintained in the personnel file.
(C) Inaccurate documents. If, upon examining their personnel file, an employee has
reason to believe that there are inaccuracies in documents contained therein, the employee
may write a memorandum to the Director of Human Resources explaining the alleged
inaccuracy. If the Director concurs with the employee's contentions, the Director shall
either correct or remove the faulty document or attach the employee's memorandum to the
document and note thereon his concurrence with the memorandum. The Director may also
attach the memorandum to the document and note his disagreement with memorandum's
contents. The decision of the Director of Human Resources with regard to inaccurate
documents shall be final.
('80 Code, § 163.24) (Ord. 3-80, passed 1-7-80)
§ 33.69 DISCIPLINARY ACTIONS.
(A) Just cause. No classified employee shall be reduced in pay or position, suspended,
removed or reprimanded except for just cause. In addition to violations of laws and
ordinances, this chapter, or departmental rules and regulations, examples of just cause
include, but are not necessarily limited to, the following:
(1) Falsification, misstatement, exaggeration, or concealment of any material fact in
connection with employment, promotion, and records, investigation or other proper
proceeding.
(2) Disrespectful conduct, use of insulting, abusive or obscene language to or about
other city personnel or the public while on the job.
(3) Gambling or unlawful betting on city property.
(4) Unlawfully manufacturing, distributing, dispensing, possession or using controlled
substances in the workplace; reporting for work under the influence of controlled drugs or
with any residual effect from illegal drug use (e.g., impaired judgement, sickness, impaired
reflexes, and the like).
(5) Consuming alcohol while on duty or during an employee's lunch break/meal
period; reporting for work while under the influence of alcohol, with any residual effects of
alcohol consumption (e.g., impaired judgement, sickness, impaired reflexes, and the like),
or where there is any evidence of alcohol consumption (e.g., odor on the breath);
consuming alcohol off duty anytime an employee is in city uniform or is wearing any
apparel which distinguishes that individual as an employee of the city.
(6) Off-duty, illegal conduct/behavior unbecoming a city employee emanating from the
consumption of alcohol, or the use of illegal drugs, which, in the judgement of the City
Manager, detracts from the image or reputation of the city as an organization, or which, in
the judgement of the City Manager, erodes the public confidence in the city as an
organization (e.g., disorderly conduct, assault, fighting, criminal trespassing, criminal
menacing, disturbing the peace, OMVI, and the like, or other criminal acts).
(7) Failure to submit to drug and/or alcohol testing when required by the city; failure
to adhere to conditions with regard to a drug or alcohol rehabilitation program, as offered
by the city and as agreed to by the city and the employee.
(8) Reporting for duty or being on duty while under the influence of medication legally
prescribed by a physician, or purchased or “over-the-counter”, which may impair the
employee's judgement, work performance, or physical/mental capabilities; operating city
vehicles or equipment under the influence of medication legally prescribed by a physician,
or purchased “over-the- counter”, which may impair the ability of the employee to safely
and effectively operate such vehicles or equipment.
(9) Failure to start work at the designated time, quitting work before the proper time,
or leaving work during working hours without the permission of the appropriate
supervisor.
(10) Failure to observe precautions for personal safety, posted rules, signs, safety
instructions, or to use protective clothing or equipment.
(11) Unexcused or unauthorized absences on one or more scheduled days of work or
failure to report for work without giving proper advance notice, unless such advance notice
was impossible to render.
(12) Deliberate discrimination against an employee or applicant because of race, color,
national origin, religion, sex, genetic information, pregnancy, age, ancestry, military status,
sexual orientation, gender identity, disability, marital status, or veteran’s status, or any
reprisal action against any employee or applicant based on such criteria.
(13) Insubordination, deliberate refusal to carry out any proper order from any
supervisor having responsibility for the work in which an employee is engaged.
(14) Creating or contributing to the poor condition of city equipment or property.
(15) Vending, soliciting or collecting contributions on the employer's time without
authorization of the City Manager.
(16) Posting, removing or defacing any matter on the employer's walls, doors or
bulletin boards without authorization of the City Manager.
(17) Permitting any unauthorized person to enter into or ride in a city vehicle without
express, written authorization from the employer unless such action is taken in the direct
interest of the health, safety and welfare of the public.
(18) Failure to report a personal injury accident in the performance of job duties. Such
report must be in writing and submitted to the department/division head.
(19) Failure or unnecessary delay in carrying out orders, work assignments or
instructions.
(20) Unauthorized possession of, use of, loss of, or damage to city property or
endangering same through carelessness.
(21) Disorderly conduct; fighting; threatening or attempting to inflict bodily injury to
another; engaging in horseplay; resisting competent authority; triggering false alarms of
fire or emergency preparedness systems.
(22) Conviction of a felony while an employee of the city.
(23) Abusive, threatening or coercive treatment of another employee or the public
while on the job.
(24) Inability to get along with fellow employees so that work is hindered or does not
meet required standards.
(25) Conduct unbecoming an employee; conduct, whether on or off duty, which, in the
judgement of the City Manager, detracts from the image or reputation of the city as an
organization, or which, in the judgement of the City Manager, erodes the public confidence
in the city as an organization (e.g., immoral or indecent conduct, disorderly conduct,
assault, fighting, criminal trespassing, criminal menacing, disturbing the peace, OMVI, and
the like or other criminal acts).
(26) Making irresponsible statements which are slanderous or misrepresent the
position of the city or city officials.
(27) Sleeping or lounging during working hours.
(28) Excessive, unexcused tardiness after verbal reprimands have failed to correct
employee's behavior.
(29) Disobedience to or noncompliance with any law, regulation, directive, policy or
administrative order of the City Manager.
(30) Any other offense of equal magnitude to those listed herein or for which
disciplinary action is warranted.
(B) Progressive discipline.
(1) The principles of progressive disciplinary action will be followed with respect to
minor offenses. For minor offenses, an oral reprimand, a written reprimand and a
suspension shall be given prior to demotion or dismissal. Offenses deemed major by the
city will not be subject to progressive discipline. The city reserves the right to impose
discipline based upon the severity of the offenses.
(2) The primary responsibility for the administration of discipline shall rest upon the
immediate supervisor of the employee to be disciplined, although if the immediate
supervisor fails to take action, which in the opinion of a superior is justified, such superior
may impose the discipline. Such disciplinary action may consist of any action which is
appropriate to the offense, including:
(a) Informal (oral) reprimand;
(b) Formal, written reprimand which becomes part of the employee's personnel file;
(c) Suspension from duty without pay;
(d) Demotion in rank or reduction in salary; or
(e) Dismissal.
(3) Disciplinary action taken against an employee, which is other than in the nature of a
minor first offense warning, shall be in writing and made a part of the employee's
permanent personnel file.
(4) A suspension from duty without pay for a period exceeding three days must be
reviewed and approved by the City Manager prior to becoming effective. Informal
reprimands, formal reprimands and suspensions from duty without pay for three days or
less shall not require prior approval by the City Manager. However, it is suggested that the
department head notify the City Manager whenever an employee is suspended for three
days or less. All demotions in rank, reductions in salary and dismissals must be reviewed
and approved by the City Manager prior to becoming effective. Nothing in this division shall
be deemed to preclude an employee from being relieved of duty if in the judgment of their
supervisor such action is necessary. In all cases of discipline, the grievance procedure set
forth in § 33.70 shall control. Disciplinary actions shall in all cases be dealt with in a
confidential manner. Specifically, employees who are or who may be the subject of any
disciplinary action and supervisors/superiors who take or are considering taking any
disciplinary action shall refrain from discussing or otherwise disclosing such action to any
persons except those who by this chapter or other law are entitled to such information.
This subsection does not apply to communications regarding a criminal investigation into
activities of any employee.
(C) Responsibility for discipline. The duty of maintaining discipline among employees
shall rest initially with the immediate supervisor and finally with the City Manager. The
City Manager has the power and duty, when deemed necessary for the good of the service,
to suspend, remove, or otherwise discipline all city employees and appointive
administrative officers.
(D) Copy of discipline record. Whenever a disciplinary action is taken which rests in a
disciplinary action of record as provided in division (B)(2)(b) through (e) herein, the
employee shall be given a copy of such record.
('80 Code, § 163.25(a) - (d)) (Am. Res. 81-23, passed 11-13-23)
§ 33.70 GRIEVANCE PROCEDURE.
A classified, regular employee of the city who feels aggrieved by the action of their
supervisor in the administration of discipline, may appeal such disciplinary action
according to the step(s) set forth in Table herein. For a particular disciplinary action, the
employee shall follow the procedural steps in the order established, and the last step listed
is the final point of appeal. Note that the level of discipline being appealed determines the
initial step of the appeal process. The intent of the Charter is clear as to the role of Council
in disciplinary matters. The City Manager shall discipline employees in the classified and
unclassified service and the Personnel Board of Review has the power to hear appeals from
administrative determinations made pursuant to this chapter and as may be authorized by
this chapter. Disciplinary actions and the associated appeal steps are as follows:
TABLE I
GRIEVANCE APPEAL PROCEDURE
Disciplinary Action
Appeal Steps/Highest Level of Appeal
Informal (oral) reprimand
None
Formal (written) reprimand
(1) Division and/or Department Head
Suspension from duty without pay for 3 or less working days
(1) Deputy City Manager and/or Assistant City Manager, then (2) Director of HR
Suspension from duty without pay for 4-5 working days
(3) City Manager or designee
Suspension from duty without pay for 6 or more working days, demotion in rank or
reduction in salary, or dismissal
(3) City Manager or designee, then (4) Personnel Board of Review
Appeal Steps
(1) Division and/or department head hearing. The aggrieved classified employee may
present a written statement of their grievance to the department/division head. If the
grievance is with the division head, it would be submitted to the department head. This
written statement shall be presented within five business days of the effective date of the
disciplinary action being appealed and shall ask for a review and modification or reversal
of the action. If such request is not made within five business days, the matter shall be
closed. The division or department head shall schedule a hearing within ten business days
of the request and then issue a written response within five business days of the hearing.
Prior to such hearing the division or department head shall notify the employee, in writing
and reasonably in advance, of the time and place of the hearing and the specific matters or
charges which will be considered. At the hearing, the employee may be represented by an
individual of the employee's choosing, and will be permitted to present witnesses. The
supervisor or division head imposing the discipline shall present the facts and
circumstances upon which the disciplinary action was taken. If the grievance arose from a
disciplinary action from a department head, then the grievant may progress directly to Step
(2), if allowed per Table I above. In cases where a department head does not exist in the
supervisory chain, the Director of Human Resources shall conduct the Step (1) hearing.
(2) Director of Human Resources hearing. If a grievance is not resolved to the
satisfaction of the employee by the department head addressed under Step (1) and the
disciplinary action being appealed is allowed to proceed to Step (2), per Table I, the
employee may, within five business days of receipt of the Step (1) response by the
department head, request in writing, a review hearing by the Director of Human Resources.
If such request is not made within five business days, the matter shall be closed. The
Director of Human Resources shall hold a hearing within ten business days of the receipt of
such written statement. Prior to such hearing the Director of Human Resources shall notify
the employee, in writing and reasonably in advance, of the time and place of the hearing
and the specific matters or charges which will be considered. At the hearing, the employee
may be represented by an individual of the employee's choosing, and will be permitted to
present witnesses. The supervisor and/or department/division head imposing the
disciplinary action shall present the facts and circumstances upon which the disciplinary
action was taken. The employee's personnel file shall be made available for review prior to
the hearing upon written request to the Director of Human Resources. The Director of
Human Resources, after the close of the hearing, shall issue a written decision which shall
be forwarded to the employee as soon as practical. The written decision shall be placed in
the employee's personnel file and the Director of Human Resources shall make a good faith
effort to notify the employee prior to making any public statement. The written decision of
the Director of Human Resources hearing a grievance at Step (2) shall be final.
(3) City Manager hearing. The appeal process shall only be allowed to proceed to the
City Manager if the disciplinary action(s) being appealed consist of a suspension of greater
than three days or more or a dismissal from employment with the city. The employee may
request a hearing with the City Manager in writing within five business days of the effective
date of the disciplinary action being appealed and shall ask for a review and modification
or reversal of the action by the City Manager. If such request is not made within five
business days, the matter shall be closed. Otherwise, the hearing shall occur within a
reasonable amount of time. Prior to the hearing, the City Manager shall notify the employee
in writing, and reasonably in advance, of the time and place of the hearing and the specific
matters or charges which will be considered. At the hearing, the employee may be
represented by an individual of the employee's choosing and will be permitted to present
witnesses. The department/division shall present the facts and circumstances upon which
the disciplinary action was taken. The employee's personnel file shall be made available for
review prior to the hearing upon written request to the Director of Human Resources. The
City Manager shall issue a written decision, after the close of the hearing, which shall be
forwarded to the employee as soon as practical. The City Manager shall make a good faith
effort to notify the employee prior to the making of any public statement. The written
decision of the City Manager shall be a prerequisite to a request for a hearing before the
Personnel Board of Review.
(4) Personnel Board of Review Hearing. The Charter provides for a three member
Personnel Board of Review. Such Board is to be appointed by Council for terms as specified
in Article VII, Section 7.01(B) of the Charter. The Personnel Board of Review shall conduct
its proceedings in accordance with the resolutions of Council enacted pursuant to the
Charter and the Board's rules and regulations adopted by it pursuant to authority granted
by Council resolution. An aggrieved classified employee may request in writing a hearing
before the Personnel Board of Review. Such request must be submitted within five
business days of receipt by the employee of the City Manager's decision under step (3).
Such request shall be submitted to the Chairman of the Personnel Board of Review. The
decision of the Personnel Board of Review is final.
('80 Code, § 163.25(e)) (Amendment effective 1-1-22; Am. Res. 81-23, passed 11-13-23)
§ 33.71 INVESTIGATIVE PROCEDURES.
Investigative procedures shall be undertaken any time an employee is suspected of or
charged with an act which could result in criminal charges being filed against such
employee. The investigative procedure hereinafter described shall not be used for
disciplinary matters; disciplinary matter shall be the subject of § 33.70.
(A) An employee shall be informed of the nature of an investigation prior to any
questioning.
(B) An employee who is to be questioned as a suspect in an investigation that may lead
to criminal charges against the employee shall be advised of their constitutional rights in
accordance with law and shall then and continually thereafter have a right to counsel or
other representative of the employee’s choosing.
(C) An employee who declines or refuses to answer questions or to otherwise participate
in an investigation may be charged with insubordination or a like offense except where
such refusal is based on an exercise of the employee’s constitutional rights as referenced in
division (B) herein.
(D) The interrogation of an employee in connection with an investigation shall be
conducted at reasonable times and for reasonable periods of time which shall include rest
periods and time to attend to physical necessities.
(E) Commencing at the time during an investigation when an employee is advised of
their constitutional rights as provided in division (B), any interrogation shall be recorded
at the request of either party.
(F) The use of administrative pressures, threats, coercion or promises shall not be
employed for any purpose during the course of an investigation regarding any employee.
(G) In the course of an investigation, an employee may be given a polygraph
examination. The admissibility of the results of such an examination in any subsequent
criminal proceeding shall be determined by the court. If disciplinary action is taken in lieu
of the filing of criminal charges the results of the polygraph examination shall not be
considered at any review of such disciplinary action.
(H) During the course of an investigation, interviews of employees not the subject of
such investigation may be conducted. Where appropriate, the procedures set forth herein
shall be followed with respect to such other employees.
(I) When any anonymous complaint is made against an employee and there is no
corroborative evidence of any kind, then the complaint shall be classified as unfounded and
the accused employee shall not be required to submit a written report.
(J) Upon request, an employee shall be afforded reasonable access to written documents
and to taped interviews made in accordance with division (E) herein during which time the
employee may listen to and make personal notes. If a written transcription of a recorded
interview is made, the employee will be provided a copy of such transcript upon written
request to the City Manager.
(K) If in lieu of the filing of criminal charges an investigation results in the necessity of
disciplinary action in accordance with § 33.69, it shall be done. An employee whose
conduct is the subject of such disciplinary action shall be afforded access to evidentiary
matters expected to be presented in course of any grievance hearing associated with the
disciplinary action.
(L) If any of these procedures are alleged to have been violated, such allegations shall be
subject to the grievance procedure provided in § 33.70 beginning at the level of the
Director of Human Resources.
('80 Code, § 163.26) (Ord. 3-80, passed 1-7-80; Amendment effective 1-1-23)