City of Jackson Govermment 0 * 4 - - E * * - FOUNOED 1322 SSISSI - Department of Personnel Management EMPLOYEE HANDBOOK TABLE OF CONTENTS Table of Contents - Page 1 Revision Date: 1/5/96 TABLE OF CONTENTS Section 1 GENERAL PROVISIONS (Revised 1/5/96) 1.1 Purpose . Section 1 - Page 1 1.2 Authority Section 1 - Page 1 1.3 Adoption of Rules . Section 1 - Page 1 1.4 Applicability Section 1 - Page 1 1.5 Responsibilities . Section 1 - Page 2 1.6 Scope Section 1 - Page 3 Section 2 FAIR EMPLOYMENT (Revised 1/5/96) 2.1 Equal Employment Opportunity Section 2 - Page 1 2.2 Affirmative Action Section 2 - Page 1 2.3 Policy Against Harassment Section 2 - Page 1 Section 3 GENERAL RULES FOR CITY EMPLOYEES (Revised 1/5/96) 3.1 Political Activities . Section 3 - Page 1 3.2 Gifts and Gratuities Section 3 - Page 2 3.3 Immigration Reform and Control Act Compliance Section 3 - Page 2 3.4 Other Employment Section 3 - Page 3 3.5 Nepotism . Section 3 - Page 3 3.6 Alcohol/Drug Policy Section 3 - Page 4 3.7 Smoking Policy . Section 3 - Page 5 3.8 Safety . Section 3 - Page 5 Section 4 PERSONNEL ACTIONS (Revised 1/5/96) 4.1 Procedures and Methods Section 4 - Page 1 4.2 Applications for Openings Section 4 - Page 1 4.3 Referral Lists . Section 4 - Page 2 4.4 Classification Plan Section 4 - Page 2 4.5 Probationary Status Section 4 - Page 3 4.6 Permanent Status Under Civil Service Section 4 - Page 4 4.7 Temporary Appointment Section 4 - Page 4 4.8 Promotions Section 4 - Page 5 4.9 Demotions Section 4 - Page 6 4.10 Transfers between Departments Section 4 - Page 7 4.11 Separation From Employment Section 4 - Page 8 TABLE OF CONTENTS Table of Contents - Page 2 Revision Date: 1/5/96 Section 5 WORK SCHEDULES (Revised 1/5/96) 5.1 Work Week and Working Hours . Section 5 - Page 1 5.2 Rest Periods . Section 5 - Page 1 5.3 Meal Periods Section 5 - Page 2 5.4 Overtime . Section 5 - Page 2 5.5. Attendance and Punctuality . Section 5 - Page 2 Section 6 EMPLOYEE DEVELOPMENT (Revised 1/5/96) 6.1 Orientation Section 6 - Page 1 6.2 Training . Section 6 - Page 1 6.3 Payment of Training Expenses Section 6 - Page 1 6.4 Educational Reimbursement . Section 6 - Page 2 Section 7 PERSONNEL RECORDS (Revised 1/5/96) 7.1 Maintenance of Personnel Records . Section 7 - Page 1 7.2 Privacy of Personnel Records Section 7 - Page 1 Section 8 COMPENSATION (Revised 1/5/96) 8.1 Compensation Plan . Section 8 - Page 1 8.2 Determination of Salary . Section 8 - Page 1 8.3 Working Out of Classification (Acting Appointments) . Section 8 - Page 1 8.4 Salary on Reduction in Classification . Section 8 - Page 2 8.5 Payroll Deductions Section 8 - Page 3 Section 9 BENEFITS (Revised 1/5/96) 9.1 Holidays Section 9 - Page 1 9.2 Vacation Section 9 - Page 2 9.3 Sick Leave . Section 9 - Page 5 9.4 Bereavement Leave . Section 9 - Page 6 9.5 Jury Duty Section 9 - Page 7 9.6 Witness Duty . Section 9 - Page 7 9.7 Health Insurance Plan Section 9 - Page 8 9.8 Retirement Section 9 - Page 8 Section 10 ABSENCE FROM WORK (Revised 1/5/96) 10.1 Leave of Absence Section 10 - Page 1 10.2 Returning from Leave of Absence Section 10 - Page 1 10.3 Family & Medical Leave Section 10 - Page 2 TABLE OF CONTENTS Table of Contents - Page 3 Revision Date: 1/5/96 Section 10 ABSENCE FROM WORK (continued) 10.4 Medical Leaves of Absence for Work-Related Disabilities (Workers' Compensation) Section 10 - Page 3 10.5 Military Leave Section 10 - Page 4 Section 11 CONDUCT AND DISCIPLINE (Revised 1/5/96) 11.1 Standards of Conduct Section 11 - Page 1 11.2 Improper Employee Conduct Section 11 - Page 1 11.3 Disciplinary Action Section 11 - Page 3 11.4 Disciplinary Action Review Committee . Section 11 - Page 4 11.5 Civil Service Disciplinary Procedures . Section 11 - Page 5 11.6 Disciplinary Action During Probation . - Section 11 - Page 5 Section 12 HEARINGS, APPEALS AND GRIEVANCES (Revised 1/5/96) 12.1 Open Door Policy . Section 12 - Page 1 12.2 Grievance Procedures for All Employees . Section 12 - Page 1 12.3 Civil Service Hearings and Appeals Procedures for Certified Employees Section 12 - Page 3 APPENDIX Definitions Appendix - Page 1 GENERAL PROVISIONS Section 1 - Page 1 Revision Date: 1/5/96 1.1 Purpose The purpose of these policies is to establish the basis for a system of personnel management based on merit principles and to facilitate effective and economical services to the public. Both the employee and the employer are privileged to terminate employment based upon the provisions stated herein. The language in this handbook is not intended to create a contract between the City of Jackson and its employees. 1.2 Authority The City of Jackson retains the right to exercise customary managerial functions including the right to dismiss, assign, supervise and discipline. employees; to determine and change starting time, quitting time, work days and work shifts; to transfer employees within their work unit or into other work units and other classifications; to determine and change the size of and qualifications of the work-force; to establish, change and abolish its policies, practices, rules and regulations; to determine and change operating methods; to contract and subcontract; to assign duties to employees in accordance with the needs and requirements determined by the City of Jackson; and to carry out all ordinary administrative functions. 1.3 Adoption of Rules These rules shall supercede all existing personnel rules. from the date of adoption and will be enforced prospectively. 1.4 Applicability 1.4.1 These policies govern personnel administration for all regular full-time and part-time employees of the City of Jackson, unless specified other- wise. Exceptions are: 1.4.1.1 Members of appointive boards, commissions, and committees. 1.4.1.2 Persons engaged under contract to supply expert, professional, or technical services. Volunteer and temporary personnel. Words in italics are defined in the Appendir. GENERAL PROVISIONS Section 1 - Page 2 Revision Date: 1/5/96 1.4.2 Classified employees are governed by Civil Service Commission regulations. The Civil Service Rules handbook is available from the Department of Personnel Management. 1.4.3 Policies and procedures regarding Civil Service Commission and status do not apply to the following employees of the City of Jackson: 1.4.3.1 Unclassified personnel [including all Department Directors, Mayor's Office staff, City Clerk and staff of the Clerk, City Prosecutors (Attorneys), and JRA (Jackson Redevelopment Authority) Director and JRA staff] and other personnel and positions outside the jurisdiction of the Civil Service Commission. 1.5 Responsibilities 1.5.1 Employees shall be fully informed of their duties and responsibilities. 1.5.2 They shall be provided with adequate administrative and supervisory direction. 1.5.3 They shall be encouraged and helped to improve their level of performance. 1.5.4 They shall be provided training, as needed, to ensure high quality of performance. 1.5.5 Their eligibllity for promotion shall be dependent upon demonstrated merit and ability. 1.5.6 Their treatment in all aspects of personnel administration shall be impartial and without regard to race, religious creed, color, ancestry, gender, age, marital status, pregnancy, childbirth or related medical condition, national origin, or disability, and with proper regard for their privacy and constitutional rights as citizens. 1.5.7 Mediocrity and incompetence shall not be tolerated. Words in italics are defined in the. Appendiz. GENERAL PROVISIONS Section 1 - Page 3 Revision Date: 1/5/96 1.5.8 The City of Jackson may expect that its employees shall: 1.5.8.1 Provide faithful and effective performance, 1.5.8.2 Respect proper protocol and the normal chain of command, 1.5.8.3 Display proper personal conduct and continuing fitness for the position, 1.5.8.4 Not abuse the rights, privileges, and benefits provided by employment with the City, and 1.5.8.5 Display courtesy and respect to the public. 1.6 Scope The policies, procedures, and rules incorporated herein shall not preclude the development of operating policies, procedures, and rules within specific departments of the City nor the development of personnel or administrative policies and procedures governing the implementation of these rules, policies, and procedures. All public safety personnel are expressly advised to refer to departmental general orders and/or their standard operating procedures as applicable, which shall not conflict with these rules. In the event of a conflict these rules shall prevail. The City of Jackson retains the right to modify, supplement, revise, or rescind any provision of this manual as it deems appropriate in its sole discretion, followed by notification of employees. Words in italics are defined in the. Appendix. FAIR EMPLOYMENT Section 2 - Page 1 Revision Date: 1/5/96 2.1 : Equal Employment Opportunity It is the policy of the City of Jackson to employ, retain, promote, terminate, and otherwise treat all employees and job applicants based on merit, qualifications, and competence. This policy shall be applied without regard to any individual's gender, race, color, ancestry, religious creed, national origin, pregnancy, childbirth or related medical condition, age, marital status, or disability, SO long as bona- fide occupational qualifications are met. 2.2 Affirmative Action The City of Jackson recognizes that its commitment to equal employment opportunity entails the responsibility to ensure that every reasonable effort is made to obtain a representation of diverse groups, women and persons with disabilities among City employees by taking affirmative action to increase the representation of diverse groups, women, and persons with disabilities in the City work force as appropriate. 2.3 Policy Against Harassment 2.3.1 The City of Jackson is committed to providing a work environment that is free from discrimination in any form. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy applies to all City employees, including supervisors and non-supervisory employees. Furthermore, it prohibits harassment in any form, including verbal, physical, and visual harassment. 2.3.2 Sexual harassment includes, but is not limited to, making unwanted sexual advances and requests for sexual favors where either: (1) submission to such conduct is made an explicit or implicit term or condition of employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Employees who violate this policy shall be subject to discipline. Words in italics are defined in the Appendix. FAIR EMPLOYMENT Section 2 - Page 2 Revision Date: 1/5/96 2.3.3 Employees who believe they have been harassed by a co-worker, supervisor, or other employee of the City should report the facts of the incident promptly to their Department Director, or in the alternative, to the Equal Employment Opportunity (EEO) Officer of the Department of Personnel Management or a designee. Supervisors should immediately report any incidents of harassment reported by their employees to the EEO Officer. The EEO Officer shall ensure that all such claims are promptly investigated and that appropriate disciplinary action is taken, up to and including dismissal of employees who have violated this policy. 2.3.4 If employees believe they have been sexually harassed by a co-worker, supervisor or other employee of the City and if they believe they could talk to the offender without jeopardizing personal safety, job or status, then they may communicate clearly to the offender that the behavior should cease immediately. 2.3.5 The employee should keep a record of the incident and when it took place. 2.3.6 The employee should seek support and/or advice from the EEO Officer of the Department of Personnel Management. 2.3.7 Any retaliatory action taken by employees of the City against any other employee because of a harassment complaint is prohibited and shall be regarded as a separate and distinct cause for complaint under the appropriate procedures. Words in italics are defined in the. Appendix. GENERAL RULES FOR CITY EMPLOYEES Section 3 - Page 1 Revision Date: 1/5/96 3.1 Political Activities 3.1.1 Employees are specifically prohibited from engaging in political activities, including, but not limited to, campaigning, handing out campaign literature, posting signs, and soliciting support or donations, at any time while on duty, while wearing a City uniform, or while on City premises; provided, however, employees may participate in public political meetings on City property. City employees may not use City funds or equipment for the purpose of providing support or opposition to a candidate or a ballot measure. City employees may not solicit political contributions from other City employees nor from persons on eligibility lists for City jobs. Employees may make appeals to the public generally, even though such appeals may include City employees. 3.1.2 The political activities of City. employees are restricted by certain State and Federal laws. Employees of the City shall obey all such applicable laws. 3.1.3 Nothing stated herein shall be construed as limiting any employee's right to vote, or freedom of reasonable expression or right of association, nor the exercise of any rights protected by the Constitution of the United States of America and the State of Mississippi. 3.1.4 Employee Involvement in Political Campaign Activity 3.1.4.1 Public employees should work in an atmosphere free from political influence or coercion. 3.1.4.2 No employee shall be pressured to contribute to a political fund or render any political service. 3.1.4.3 While City employees are encouraged to participate in community service programs of a charitable, educational, religious, fraternal, civic or political nature, employees are prohibited from engaging in any of these activities during working hours or using property or equipment of the City in the pursuit of such activities, unless specifically authorized in writing by the Mayor's Office. 3.1.4.4 Employees of the City who are involved in community affairs that require extended periods of time away from their jobs Words in italics are defined in the. Appendix. GENERAL RULES FOR CITY EMPLOYEES Section 3 - Page 2 Revision Date: 1/5/96 should handle such participation according to vacation leave and/or leave of absence provisions. 3.1.4.5 Political assistance rendered on behalf of a candidate or party, whether actual work or endorsements, must be in the name of the individual employee; the City's name shall not be associated with any employee's political activities. 3.1.5 Employees Running for Political Office 3.1.5.1 Employees planning to seek public office must give notice in writing of their intention to the Mayor's Office. 3.1.5.2 Pursuant to Section 21-31-27, Miss. Code Ann. (1972) as amended, a certified employee is subject to dismissal for cause if that employee participates as a candidate for an elective office in a municipality where the employee is employed. 3.1.5.3 Certified employees cannot claim exemption from the restrictions of the aforementioned statutes by taking a leave of absence without pay; such employees must sever the employment relationship with the municipality. 3.1.5.4 Certified employees may seek a county or statewide office but must use vacation or leave of absence to do so. 3.2 Gifts and Gratuities Employees of the City of Jackson are expected to provide the public with efficient and courteous service. Since such service is given impartially to all, the acceptance of gifts, money, or gratuities for such services from any person or organization is strictly prohibited. 3.3 Immigration Reform and Control Act Compliance The City of Jackson is committed to full compliance with the federal immigration laws. These laws require that all individuals pass an employment verification proçedure after being hired. These procedures have been established by law. The law requires that within three (3) business days after commencing work, employees must produce Words in italics are defined in the. Appendix. GENERAL RULES FOR CITY EMPLOYEES Section 3 - Page 3 . Revision Date: 1/5/96 documents providing satisfactory evidence of identity and authority to work in the United States or receipts showing application for acceptable documents. Employees who present receipts showing application for acceptable documents must present within an additional eighteen (18) days (twenty-one (21) days after hire), documents establishing satisfactory proof of identity and legal authority to work in the United States. Employees who cannot present such documents shall be terminated. All new hires must satisfy this requirement. 3.4 Other Employment 3.4.1 City employees shall not engage in any other employment that is detrimental to, or in conflict with their duties or service with the City. Employees shall be subject to appropriate departmental policies and procedures affecting other employment. All public safety personnel are advised to refer to departmental general orders and/or their standard operating procedures, as applicable. 3.4.2 Employees of the City must report other employment in writing to their Department Director. The Department Director, in coordination with the Department of Personnel Management, shall have the authority to determine if an employment conflict exists. 3.4.3 City employees are prohibited from holding other City jobs in addition to their regular jobs. 3.5 Nepotism 3.5.1 Employment of relatives in City positions is restricted where (1) employees would exercise a supervisory or evaluative role in relation to a relative; or (2) employees are in a position to exert direct influence on the hiring, promotion, transfer, or performance evaluation of a relative; or (3) potential problems of safety, security or morale exist, or (4) other relationship that exists is determined by the Department Director or the Mayor's Office to be detrimental to the performance of the employee or to the operations of the division or of the City. Additionally, it shall be the policy of the City to prohibit the employment of relatives within the same division. Words in italics are defined in the. Appendix. GENERAL RULES FOR CITY EMPLOYEES Section 3 - Page 4 Revision Date: 1/5/96 3.5.2 For purposes of this policy, divisions shall include designated functional areas, as recommended by the Department Director and approved by the Mayor's Office, in the following Departments or Offices: Action Line, Administration, City Attorney, City Clerk, Fire, Human and Cultural Services, Internal Audit, Personnel Management, Planning and Development, Police and Public Works. A list of such divisions shall be maintained by the EEO Officer in the Department of Personnel Management. 3.5.3 For purposes of this policy, relatives include employees" or City Council members' parent, child, spouse, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or first cousin, whether such relationship is by blood or by marriage. 3.5.4 If two employees marry, the Çity shall work with the employees to explore reasonable accommodations that can be made to eliminate the potential problems. The City shall allow six months to provide reasonable accommodation, but the conflict must be resolved by the end of that time. 3.5.5 If relatives become members of the same division as a result of a reorganization, the resolution shall be determined by the Department Director. However, neither employee shall experience any loss of benefits as a result of reorganization. 3.5.6 Employees who are in compliance with the nepotism policy as of the date of approval of these rules shall not be considered in violation of this policy while they remain in their current positions of employment. 3.6 Alcohol/Drug Policy The City of Jackson strives to provide a safe and productive work environment for all employees. It is the policy of the City that employees shall not be involved with the unlawful use, possession, sale or transfer of drugs or narcotics in any manner. Further, employees shall not possess alcoholic beverages in the workplace or consume alcoholic beverages during working time, and shall not consume alcoholic beverages during non-working time when such consumption affects performance of duties or is apparent to others. A copy of the City's Alcohol/Drug Policy may be obtained from the Department of Personnel Management or the employee's Department Director. The City has a drug testing policy which is described in "Policy on Words in italics are defined in the. Appendiz. GENERAL RULES FOR CITY EMPLOYEES Section 3 - Page 5 Reviston Date: 1/5/96 Drug/Alcohol Abuse" available from the Department of Personnel Management. 3.7 Smoking Policy The City of Jackson is committed to providing a healthy and safe working environment for employees. Smoking is not only unhealthy for the smoker, but for everyone who breathes the smoke. Therefore, smoking inside any building or vehicle owned, leased, used or operated by the City is strictly prohibited by city ordinance. 3.8 Safety For their own protection and in the interest of fellow workers and the public served, employees must learn and follow all established safety practices as fully set out in the most recent edition of the Employees' Safety Manual. The Employees Safety Manual is provided to each new employee and copies are also available from the Risk Management Division of the Department of Personnel Management. Words in italics are defined in the Appendix. PERSONNEL ACTIONS Section 4 - Page 1 Revision Date: 1/5/96 4.1 Procedures and Methods 4.1.1 In compliance with Civil Service and other applicable laws and in accordance with good personnel management practices and the principles of merit, the Department of Personnel Management shall recommend uniform procedures and methods for the selection of persons for employment, assignment, promotion, demotion, dismissal, and other personnel actions with approval by the Civil Service Commission, as applicable. 4.1.2 Vacancies in all non-appointed positions throughout the City's workforce shall be announced and posted by the Department of Personnel Management. 4.1.3 The Department of Personnel Management shall prepare and keep available an Eligibility List for each Competitive Class position and a Referral List for all other positions. 4.1.4 Persons with permanent status in classified service who have been laid off (not to include dismissal or resignation) through no fault of their own shall be placed on the Referral or Eligibility list for their classification with a statement setting forth the special status. The lists shall remain valid for one year or until depleted, whichever occurs first. 4.2 Applications for Openings 4.2.1 Pre-employment Applications and Promotion Requests may be obtained from the Department of Personnel Management, City of Jackson, Mississippi. 4.2.2 Employees must complete a minimum of twelve (12) months of active service in their present job to be eligible to apply for positions outside of their Department. Special permission may be granted in some instances by the Mayor's Office. 4.2.3 All employees new to a position, whether by initial appointment or promotion, must complete twelve (12) months of satisfactory service before becoming eligible for promotion. 4.2.4 Each applicant shall certify that all answers to all questions and all information furnished and requested/required in the form or forms of Words in italics are defined in the Appendix. PERSONNEL ACTIONS Section 4 - Page 2 Revision Date: 1/5/96 application prescribed are true and complete. Falsification shall result in disqualification for the position. 4.2.5 In addition to the information required on the forms of application, each applicant shall submit to such other examinations, interviews, and tests (e.g. written, practical, physical or medical), including drug tests, as the City may require. 4.2.6 : Other requirements such as fingerprints, photographs, and background investigations shall be accomplished during the processing phase for employment. 4.3 Referral Lists 4.3.1 For openings other than sworm/uniformed Police and Fire or Appointive, the Department of Personnel Management shall prepare and forward a Referral List to the department in which the opening exists. 4.3.2 The Referral List shall show a minimum of three qualified candidates, if available, to be further evaluated and possibly selected by the department in which the opening exists. 4.3.3 Names of new employees shall be dropped from all Referral/Eligibility Lists upon acceptance of a position. 4.4 Classification Plan 4.4.1 The purpose of the classification plan is to ensure each position is allocated to the appropriate classification. 4.4.2 All positions in the City are grouped into classifications. Each classification includes those positions sufficiently similar in duties and responsibilities to require similar education, experience, knowledge, skills, abilities, and personal characteristics; and are sufficiently alike to permit use of a single descriptive title, the same qualification requirements and the same test for competence. 4.4.3 In compliance with Civil Service and other applicable laws and in accordance with good persomel management practices, the Department of Personnel Management shall ensure the preparation and maintenance of class specifications covering all positions, the allocation of positions Words in izalics are defined in the Appendix. PERSONNEL ACTIONS Section 4 - Page 3 Revision Date: 1/5/96 to the appropriate classification, and the revision of the classification plan when appropriate. 4.4.4 When the City has assigned duties to a position that has caused material changes to duties and responsibilities of that position, the Department of Personnel Management shall recommend the allocation of the position to a more appropriate classification or range. 4.4.5 . Duties voluntarily assumed by employees shall not mandate reallocation. 4.4.6 Incumbents may or may not be reclassified with their positions, based upon the recommendation of the appropriate Department Director, in coordination with the Department of Personnel Management, and the approval of the Mayor's Office. 4.4.7 Employees holding a regular position may request a classification review for the purposes of determination of allocation of position and appropriate classification of employees. Such requests shall be submitted to the Department Director who shall then make a recommendation to the Department of Personnel Management. The Director of Personnel Management shall give due consideration to the requests, and in cases deemed warranted, shall recommend action to the Mayor's Office as appropriate. 4.5 Probationary Status 4.5.1 All initial appointments made to a vacant regular position shall be con- sidered probationary for twelve (12) months from the date of appointment. 4.5.2 A probationary employee must demonstrate satisfactory performance in a classified position and be accepted by the Civil Service Commission in order to achieve permanent appointment to Civil Service status. 4.5.3 Former employees who were certified by Civil Service previously who are rehired and appointed to classified positions shall serve a six (6) month probationary period following rehire. 4.5.4 If employees are granted leaves of absence during a probationary period, the time on leave shall not be considered in determining the fulfillment of required probationary service. Words in italics are defined in the Appendiz. PERSONNEL ACTIONS Section 4 - Page 4 Revision Date: 1/5/96 4.5.5 If employees are transferred to another department to perform a different job during the probationary period, the probation will be extended for another twelve (12) months. 4.5.6 Employees on probationary status may be suspended without pay, demoted or dismissed by the City at any time, with or without cause, and without right of appeal. 4.5.7 Probation may be extended for cause, with the approval of the Mayor's Office. 4.6 Permanent Status Under Civil Service 4.6.1 Permanent Status is achieved after satisfactorly serving the required probationary period in a classified position upon approval by the Civil Service Commission. 4.6.2 The Department of Personnel Management shall be responsible for making a written recommendation to the Civil Service Commission regarding permanent appointment for employees. Upon notification by the Department of Personnel Management, the Commission shall certify and induct the employees as a permanent appointment and the employees shall then be entitled to all Civil Service benefits. 4.6.3 Permanent status may not be granted to any employee whose services have not been rated as meeting City standards, and who have not received Department Director's approval. 4.6.4 When employees under Civil Service are promoted to positions in the Classified Service, they shall be required to complete satisfactorily a period of six (6) months probation in the promoted position. (Sworn police officers shall be required to complete a one (1) year probationary period; please refer to Police Department Procedures and Civil Service Rules.) During this probationary period, the promotion may be reverted to the previous position held or its equivalent. Ifthis occurs the reason shall be documented. 4.7 Temporary Appointment 4.7.1 A temporary appointment is one established to meet staffing require- ments of short-term duration such as emergency, extra workloads, Words in italics are defined in the. Appendix. PERSONNEL ACTIONS Section 4 - Page 5 Revision Date: 1/5/96 vacation relief, paid sick leave or other situations requiring short-term fluctuating staff needs. 4.7.2 Temporary employees shall not be entitled to the benefits granted regular full-time employees. 4.7.3 Time spent in temporary status shall not be considered as service toward fulfillment of any. probationary appointment. 4.7.4 Persons in temporary status shall be paid an hourly rate established by the Department of Personnel Management, which shall not exceed the rate established for comparable full-time positions, and pay shall be exclusively for hours worked. 4.7.5 Temporary positions may be established by the Department of Personnel Management when deemed essential to the work program. 4.8 Promotions 4.8.1 Promotions involve elevation from one classification to a higher classification, as a result of a position announcement, testing and the selection process. Duties in the new classification shall include supervision or oversight of those in the former or similar ciassifications. 4.8.2 A mere change of classification to a higher classification shall not be sufficient grounds for an automatic pay increase. 4.8.3 Positions may be filled by promotion from within or on an open competitive basis. Determination of the method of selection shall be recommended by the Department of Personnel Management with approval by the Civil Service Commission, as applicable. 4.8.4 Employees with one (1) year of satisfactory service in their present position are encouraged to apply for promotional vacancies. The Police and Fire Departments have specific time-in-grade eligibility requirements, and employees of those departments should consult their department handbooks and/or Department Director for further information. 4.8.5 Final selection of an applicant for any position shall be made by the Department Director and approved by the Department of Personnel Management and the Mayor's Office in accordance with established procedures. Words in iralics are defined in the. Appendix. PERSONNEL ACTIONS Section 4 - Page 6 Revision Date: 1/5/96 4.9 Demotions 4.9.1 Demotions occur when employees are reclassified to a position having a lower pay range. 4.9.2 No employees shall be demoted to positions for which they do not possess the minimum qualifications. 4.9.3 Voluntary Demotions 4.9.3.1 Voluntary demotions may occur following requests by employees, and, upon the approval of the appropriate Department Director, the Department of Personnel Management, and the Mayor's Office. Such reduction from current classification to lower classification shall cause the pay rate to be adjusted to that which a person with the same experience and education would receive upon being hired for the position. 4.9.3.2 Voluntary demotions due to lack of work or lack of funds may be offered to employees in lieu of layoff for lack of work or lack of funds, provided a position is available. 4.9.4 Demotions for Reasons Other than Lack of Work or Lack of Funds 4.9.4.1 The City may demote employees for reasons other than lack of work or lack of funds. 4.9.4.2 Employées may be demoted if their position titles and responsibilities change and they are not able to perform duties described for the position. 4.9.4.3 Probationary employees may be demoted at any time. 4.9.4.4 Employees with Civil Service status may be demoted in accordance with established procedures that would include the right of appeal. 4.9.4.5 Demoted employees shall be placed within the pay range of the position assigned. Words in italics are defined in the Appendix. PERSONNEL ACTIONS Section 4 - Page 7 Revision Date: 1/5/96 4.10 Transfers between Departments 4.10.1 Transfers are available to enhance employees' career advancement and growth possibilities. Transfers may be voluntary (employee-initiated) or involuntary (City-initiated) and shall be approved when considered to be in the best mterest of the City. 4.10.2 A lateral transfer shall enable employees to retain their rate of pay and anniversary date for purposes of salary review, unless employee volunteers to transfer to a position in a lower classification or is involuntarily demoted to a position in a lower classification. 4.10.3 Employees shall not be transferred to positions when they do not meet the minimum qualifications. 4.10.4 All transfer requests shall be reviewed by the Department of Personnel Management and all transfers are subject to the approval of the Department Director and the Mayor's Office. 4.10.5 A transfer request must be approved by the Department Director of the employee's current department. If the transfer involves a change from one department to another, both Department Directors must agree to the transfer unless the Mayor's Office directs the transfer for purposes of economy or efficiency. 4.10.6 Employees transferred to a job different from the one currently held shall be required to satisfactorily complete a new probationary period in the new position. Failure to satisfactorily complete the new probationary period shall be grounds for dismissal from the new position. 4.10.7 Employees who have successfully completed the probationary period may be transferred to the same or similar position in another department without being subject to a probationary period. 4.10.8 Voluntary Transfers 4.10.8.1 Employees must possess the minimum qualifications required for the position to which a transfer is sought. If the minimum qualifications are substantially different from an employee's current or previous classification, the employee requesting the transfer shall be required to demonstrate eligibility for employment in the position under consideration. Words in italics are defined in the Appendix. PERSONNEL ACTIONS Section 4 - Page 8 Revision Date: 1/5/96 4.10.8.2 Employees must be in good standing. A written warning received in the six (6) month period preceding the transfer request shall constitute unsatisfactory job performance for purposes of this policy. 4.10.8.3 Employees must have completed a minimum of twelve (12) months of active service in their present job to be eligible to apply for other positions outside of their department. Special permission may be granted in some instances by the Mayor's Office. 4.11 Separation From Employment 4.11.1 Employee-initiated Separations 4.11.1.1 Employees in good standing wishing to leave the City shall submit written resignations to their supervisors at least two (2) weeks prior to the effective date of such resignations. 4.11.1.2 Absence without prior approval for three (3) consecutive work days shall be grounds for automatic resignation from employment, effective as of the last date the employee worked. 4.11.2 City-initiated Separations 4.11.2.1 City-initiated separations from employment of Classified employees shall be subject to Civil Service regulations. 4.11.2.2 Employees other than Civil Service status assigned to regular positions may be terminated with or without cause. 4.11.2.3 The Mayor's Office may terminate the employment of any employee, whether probationary, permanent, temporary, or otherwise, for lack of funds or lack of work, or because of termination of the position or termination of the program in which the position is assigned. Should layoffs occur, temporary employees or employees serving their probationary periods shall be laid off first, and thereafter, the reductions shall be determined by, but not limited to, such issues as criticality of position, performance, and seniority. Words in italics are defined in the Appendix. PERSONNEL ACTIONS Section 4 - Page 9 Revision Date: 1/5/96 4.11.2.4 Employees who were certified as Civil Service prior to being laid off shall return as Civil Service employees if reinstated within one (1) year to the same classification in the same department. 4.11.2.5 Employees who were probationary at the time of lay off who are re-employed shall be required to serve a new probationary period. 4.11.3 Exit Interviews 4.11.3.1 It is the policy of the City of Jackson to conduct exit interviews with departing employees. The purpose of these interviews shall be to allow employees to communicate their views on their work with the City and the job requirements, operations, and training needs. It also provides the employee an opportunity to discuss issues concerning benefits and insurance. 4.11.3.2 All employees are required to give two (2) weeks notice prior to their termination date and submit a written notice to their supervisor/manager. In order to provide appropriate steps in computing all earnings and conducting exit interviews, the supervisor/manager must forward all documents to the Department of Personnel Management (letter of notice, PER- 3's, and time sheets). 4.11.3.3 A Department of Personnel Management representative shall schedule and conduct exit interviews with the terminating employees. The exit interview shall consist of a patterned exit interview questionnaire with responses made in writing by the employee. The final check shall be issued to the employee on the termination date, based upon satisfying all requirements of the City of Jackson, including the return of all City property issued to the employee, and reimbursement of any tuition payments made for courses completed by employee within six (6) months of termination. Supervisors and managers are responsible for assuring all items issued to employees are returned (keys, tools, equipment, computers, etc.) and for informing payroll that all issued property has been returned. The Department of Personnel Management is responsible for advising if any tuition reimbursement will be deducted from final check. Words in italics are defined in the, Appendix. PERSONNEL ACTIONS Section 4 - Page 10 Revision Date: 1/5/96 4.11.3.4 Time sheets for employees paid weekly and monthly shall be processed based upon time worked and accrual of benefits (earned balance). 4.11.3.5 Based upon Federal Laws (COBRA), all health insured employees are given the option of continuation of their health insurance through the City of Jackson and are asked to complete the appropriate continuation form. 4.11.4 Return of City Property Employees are required to return all City property in their possession or control on/before the final day of employment. This includes City- furnished uniforms, tools, gas cards, keys and equipment. Final pay checks shall be withheld pending return of all City property. Words in italics are defined in the. Appendix. WORK SCHEDULES Section 5 - Page 1 Revision Date: 1/5/96 5.1 Work Week and Working Hours 5.1.1 Employees shall be notified of their specific work hours at the time of initial appointment or appointment to a new position within the City service. 5.1.2 Changes in work days, working hours, reporting times, or shifts may be made by the appropriate Department Director, the Mayor's Office or a designee whenever it is appropriate and in the best interest of the City. Schedule changes shall be communicated to affected employees as soon as practical and prior to the change in schedule. 5.2 Rest Periods 5.2.1 When operational conditions allow, non-exempt employees are provided a fifteen (15) minute paid rest period during each four (4) hours of work. 5.2.2 Rest periods are scheduled by each employee's supervisor to ensure that the employee's position and duties shall be covered during periods of rest. 5.2.3 Rest periods may not be combined or added to an employee's lunch break. 5.2.4 Rest periods are to be scheduled approximately in the middle of each four (4) hour shift and may not be taken within one (1) hour of the beginning or ending of the four (4) hour shift. 5.2.5 To be eligible for one (1) rest period, an employee must be scheduled for at least four (4) hours of work. To be eligible for two (2) rest periods, an employee must be scheduled for eight (8) hours of work. To be eligible for three (3) rest periods, an employee must be scheduled for at least twelve (12) hours of work. 5.2.6 Employees may not leave work premises during a paid rest period without special permission from the appropriate supervisor. 5.2.7 Since rest periods are intended to provide employees with an opportunity for rest and relaxation, it is recommended the break period Words in italics are defined in the. Appendix. WORK SCHEDULES Section 5 - Page 2 Revision Date: 1/5/96 should be taken away from the employee's work area, when operational conditions allow. 5.3 Meal Periods 5.3.1 Unpaid meal periods are scheduled by each employee's supervisor to ensure that operational needs are met. 5.3.2 Employees are free to leave work premises during an unpaid meal period. 5.3.3 All public safety personnel are advised to refer to departmental general orders. 5.4 Overtime 5.4.1 Overtime may be required of employees when deemed to be in the best interest of the City. If in the judgment of the Department Director overtime hours are required for the accomplishment of City business, the Department Director may authorize and require the performance of said overtime hours. Department Directors may authorize overtime hours only within approved budgetary limits. 5.4.2 Overtime may be required of exempt employees when deemed to be in the best interest of the City. 5.5 Attendance and Punctuality 5.5.1 Punctual and consistent attendance is a condition of employment. It is the employees' responsibility to be at work as scheduled, to arrange personal schedules to meet established working hours, and to notify their supervisor as early as possible if they expect to be absent or tardy within the standards of the operating procedures of the department. 5.5.2 Employees are expected to be at their work stations, ready to begin work, at the beginning of the assigned shift. 5.5.3 Employees who are absent for three (3) consecutive work days without permission and without notification to their supervisor shall be Words in italics are defined in the. Appendix. WORK SCHEDULES Section 5 - Page 3 Revision Date: 1/5/96 considered to have abandoned the job and to have voluntarily resigned employment with the City. 5.5.4 If it becomes necessary for employees to leave the work location or work premises during working hours, permission to leave must be obtained from their supervisor prior to leaving. Leaving the work location or premises without permission may be cause for disciplinary action. Words in ialics are defined in the. Appendix. EMPLOYEE DEVELOPMENT Section 6 - Page 1 Revision Date: 1/5/96 6.1 Orientation New employees shall be scheduled for an orientation program in order to receive an introduction to City employment, including its history, its operations, its personnel policies, and a review of employee benefits. 6.2 Training 6.2.1 It is the policy of the City to encourage and promote training and education opportunities for all City employees. The Department of Personnel Management and Department Directors shall establish such procedures as they deem appropriate to assist in the implementation of this policy. 6.2.2 Probationary employees shall receive instruction in the policies, procedures, and use of equipment necessary to perform their jobs effectively. 6.2.3 Training periods may be conducted either during or after normal working hours. Training sessions conducted during normal working hours shall be arranged to minimize interference with scheduled work. 6.2.4 Non-exempt employees who are required by the City to attend in-service or out-service training programs that are scheduied outside the normal working hours shall be compensated for the hours of attendance at the program at the appropriate hourly rate. Employees shall not be compensated for attendance at elective out-service training programs that are scheduled outside normal working hours. 6.3 Payment of Training Expenses 6.3.1 No job-related out-service training may be taken, nor shall any expenses be paid for out-service training, without the prior approval of the Department Director. 6.3.2 The employee shall receive regular salary when attending job related out-service training during a regular work shift and may be reimbursed for tuition, travel, meals, and lodging at established rates set by the City, when such training is required by the City. Words in italics are defined in the Appendiz. EMPLOYEE DEVELOPMENT Section 6 - Page 2 Revision Date: 1/5/96 6.3.3 When an employee desires to participate in elective; career-oriented, out-service training, the Department Director may, within budgetary limits and in accordance with City policies, authorize the payment of regular salary and reimbursement for tuition, travel, meals, and lodging. 6.3.4 An employee who does not satisfactorily complete an out-service training assignment according to standards determined by the Department Director is not eligible for reimbursement of tuition and other necessary expenses and shall return any advance payment received. 6.3.5 An employee who does not complete approved job-related training may also be subject to disciplinary action as provided in these policies. 6.4 Educational Reimbursement 6.4.1 The City encourages its employees to continue job-related training and education. Regular full-time employees with one year or more continuous service are eligible for reimbursement for tuition (not fully covered by other scholarships, veteran's benefits, grants, etc.) for completion of approved post-high school education provided that: 6.4.1.1 The course is given by a State of Mississippi accredited college or vocational school, unless it is a unique course of study unavailable in Mississippi and approval is received from the Department Director, Department of Personnel Management, and the Mayor's Office; 6.4.1.2 The employee has received advance written approval for reimbursement from the Department Director and the Department of Personnel Management; 6.4.1.3 The employee passes the course with a grade of "C" or better for undergraduate courses and a "B" or better for graduate courses; 6.4.1.4 The employee, after successful completion of the course(s), submits an official copy of grade(s) earned and verification that payments for the course(s) have been made and the method of payment; Words in italics are defined in the. Appendix. EMPLOYEE DEVELOPMENT Section 6 - Page 3 Revision Date: 1/5/96 6.4.1.5 They are still employed by the City at completion of the course(s). 6.4.2 Reimbursement for tuition expenses may not exceed the amount allowed per employee as established from time-to-time by the Mayor's Office and the City Council. Allowances shall not accumulate. 6.4.3 Employees who receive tuition reimbursement are obligated to work for the City for a minimum of six (6) months following course completion or to repay to the City the amount of tuition reimbursement received. Words in italics are defined in the Appendiz. PERSONNEL RECORDS Section 7 - Page 1 Revision Date: 1/5/96. 7.1 Maintenance of Personnel Records 7.1.1 The Department of Personnel Management is the custodian of all official personnel records necessary to complete personnel transactions and to serve as reference for City officials. The Department of Personnel Management shall maintain records showing administrative actions including records of employment history of each employee, performance evaluation records, and related files and correspondence. 7.1.2 In accordance with the provisions of the Fair Labor Standards Act, the Department of Personnel Management shall prepare, maintain, and preserve records on the wages, hours, and other conditions and practices of employment of all City employees. 7.1.3 The Department of Administration Director and each Department Director shall be jointly responsible for maintaining all other records related to City payroll and City employees required by the various Federal and State regulations. 7.1.4 All records maintained pursuant to this policy shall be preserved for the appropriate regulated time frame. 7.2 Privacy of Personnel Records 7.2.1 The Department of Personnel Management shall maintain a file that shall contain all official records and documents pertinent to the employment status and history of each employee. 7.2.2 The confidential information contained in an employee's personnel file shall not be revealed to outside sources except as required by law, or with the consent of the employee. 7.2.3 By law, certain information regarding current and former City employees, as listed below, is classifiéd as "public record. I To ensure individuals' rights of privacy and compliance with applicable laws, responses to such requests must be approved by the Department of Personnel Management. Upon receipt of a properly executed Open Records Request, the following information is available: Words in italics are defined in the Appendix. PERSONNEL RECORDS Section 7 - Page 2 Revision Date: 1/5/96 7.2.3.1 Employee Name 7.2.3.2 Classification title 7.2.3.3 Department 7.2.3.4 Status, e.g., regular, temporary, full-time, or part-time 7.2.3.5 Salary range and actual rate 7.2.3.6 Hire date and/or termination date. 7.2.4 Letters of recommendation or reference generally shall not be given to employees upon separation of service. The City shall respond to written requests for information concerning an individual's work performance with the written consent of the employee or former employee. 7.2.5 Employees, their immediate supervisor and/or Department Director or designee, or a representative with written consent, may inspect the employee's personnel file in the Department of Personnel Management at any time during the normal working hours of the Department of Personnel Management. Upon request, employees shall receive a copy of any materials in their personnel file provided that the cost for such copies is paid by the employee. 7.2.6 Employees may request a review of their personnel records no more than once annually unless they are in the process of appealing a personnel action taken by the City. 7.2.7 Requests for review of personnel records must be made in writing by the employee at least one (1) working day in advance of the requested review date. An employee requesting a review of personnel records must schedule an appointment with the Department of Personnel Management to review the file. 7.2.8 An employee shall be furnished a copy of any statement written for inclusion in the employee's personnel file concerning the employee's conduct or performance. An employee shall have a right to have a response or rebuttal to any statement or evaluation inserted in said personnel file. Words in italics are defined in the. Appendix. PERSONNEL RECORDS Section 7 - Page 3 Revision Date: 1/5/96 7.2.9 An employee's personnel file shall be removed from the Department of Personnel Management only with authorization.: from the Department of Personnel Management. Words in italics are defined in the Appendix. COMPENSATION Section 8 - Page 1 Revision Date: 1/5/96 8.1 Compensation Plan 8.1.1 The purpose of the compensation plan is to provide equitable and adequate compensation for all employees. The compensation plan includes a Pay Plan, as well as supplemental retirement, insurance, and related fringe benefit provisions. 8.1.2 The Pay Plan establishes for each classification a minimum and maximum salary rate and such intermediate rates as are considered necessary. Flat rates may be used instead of salary ranges where appropriate. The flat rate or pay range assigned to each classification shall reflect fairly the differences in the duties and responsibilities among classifications, and shall take into account rates paid by other public and private employers for comparable work, the City's compensation policies and financial condition, unusual problems of recruitment and turnover, and other relevant factors. Each job classification shall be assigned a salary range or flat rate by the Mayor's Office and the City Council upon recommendation of the Department of Personnel Management. 8.2 Determination of Salary Upon hire or promotion, salary shall be set within the appropriate pay range for the position, according to Department of Personnel Management procedural guidelines. Upon reallocation of positions, employees' salaries shall be determined within new pay ranges in accordance with Department of Personnel Management procedural guidelines. 8.3 Working Out of Classification (Acting Appointments) 8.3.1 The City may, at its discretion, appoint an employee to an acting capacity in a job classification different from that currently held by the employee. 8.3.2 Any employee who is temporarily assigned to a position in a higher classification for a period of more than ten (10) consecutive working days shall be paid at the lowest rate within the range for the higher level classification or at the rate which would be determined for a promotion, Words in ialics are defined in the. Appendix. COMPENSATION Section 8 - Page 2 Revision Date: 1/5/96 as outlined in the Department of Personnel management procedural guidelines, whichever is greater. The employee shall not receive pay that exceeds the maximum of the range for the classification temporarily assigned. 8.3.3 Any employee who is temporarily assigned to serve and actually serves in a higher level position must be qualified to perform the work of the higher level classification and must perform the range of duties of the higher level classification in order to be eligible for additional compensation. 8.3.4 Employees temporarly assigned to higher level positions for purposes of learning the job (on-the-job training) are not eligible for additional compensation. Training may not be used, however, for the purpose of avoiding pay for working out of classification. 8.3.5 No employee shall be assigned to a higher level position entitling the employee to out-of-classification pay for a period exceeding forty-five (45) working days without approval of the Mayor's Office. 8.3.6 When no longer in the acting classification, the employee shall return to the employee's prior rate of pay, plus any adjustments to which the employee would have been entitled had he not served in the acting classification. 8.4 Salary on Reduction in Classification 8.4.1 Involuntary demotion shall constitute a reduction from current classification to a lower classification, as the result of employer action that is not voluntary on the part of the employee. 8.4.2 The pay rate shall be adjusted to that which the employee would have attained had they remained in the former classification, or in the case of a demotion to a classification not previously held, to the pay rate that a person with the same experience and education would receive upon being hired for the position. Words in italics are defined in the. Appendix. COMPENSATION Section 8 - Page 3 Revision Date: 1/5/96 8.5 Payroll Deductions 8.5.1 The City shall deduct from an employee's pay the applicable state and federal income taxes and other deductions required by law. 8.5.2 The City may provide opportunities for voluntary payroll deductions that may be made from an employee's paycheck with the employee's written permission. No employee will have more than seven (7) payroll deductions made in excess of those mandated by law. No payroll deduction will be made unless a written request for deduction relating to the same organization or company is received from a minimum of fifty (50) employees. No organization or company will be permitted to solicit employees on City premises during working hours. 8.5.3 Each employee is required to complete a withholding exemption certificate at the time of hire. Any material change in the information reported on this certificate, such as change in marital status, must be reported to the City immediately. Words in italics are defined in the Appendix. BENEFITS Section 9 - Page 1 Revision Date: 1/5/96 9.1 Holidays 9.1.1 City offices shall be closed in recognition of eight (8) holidays each year. Specific holidays to be observed are: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day. 9.1.2 The list of recognized holidays may be amended at any time by the City of Jackson. 9.1.3 The City shall recognize as a holiday any day appointed by the City Council as a public holiday. 9.1.4 When a holiday falls on Sunday, the following Monday shall be observed, and when a holiday falls on Saturday, the preceding Friday shall be observed. 9.1.5 All regular full-time employees shall be paid for holidays according to the number of1 hours each is normally scheduled to work on the day on which a holiday falls. 9.1.6 All regular part-time employees shall be paid for holidays according to the mumber of hours each is scheduled to work on the holidays. 9.1.7 Employees who are required to work on a holiday shall be granted a compensatory day at the straight time rate for each holiday they are required to work, or if non-exempt, may be paid for the holiday at the straight time rate. The compensatory day must be taken within sixty (60) calendar days following the holiday worked. 9.1.8 Police and Fire department employees should consult their department handbooks for guidelines regarding holidays and compensatory time for holidays worked. 9.1.9 Holiday pay does not count as hours worked for calculation of overtime. Words in italics are defined in the. Appendix. BENEFITS Section 9 - Page 2 Revision Date: 1/5/96 9.1.10 In order to receive pay for an observed holiday, employees must not have been absent without authorized leave either on the work day before or after the holiday. 9,1.11 Any legal or declared holiday falling within a vacation period shall not be counted as a day of vacation leave, but shall count as a holiday used. 9.2 Vacation 9.2.1 All full-time employees shall accrue anmual vacation leave (including 8 hours of birthday vacation leave) semi-monthly according to the length of service as shown below. Police and Fire Departments have specific procedures regarding accrual and use of vacation leave; employees of these departments should consult their department handbooks. For other departments, vacation will accrue as indicated below: Semi-Monthly Maximum Maximum Length Accrual Accrual Payment on of Service Rate Per Year Termination % month through 3.67 hours 88 hours 240 hours 5 years 5 years, 1 day through 5.33 hours 128 hours 240 hours 15 years Over 15 years 7.00 hours 168 hours 240 hours Words in italics are defined in the. Appendix. BENEFITS Section 9 - Page 3 Revision Date: 1/5/96 9.2.2 All regular part-time employees who work an average of 10-20 hours per week shall accrue annual vacation leave on a semi-monthly basis as indicated below: Length Semi-Monthly Maximum Maximum of Accrual Accrual Payment on Service Rate Per Year Termination 1 month through 0.83 hours 20 hours 60 hours 5 years 5 years, 1 day through 1.25 hours 30 hours 60 hours 15 years Over 15 years 1.67 hours 40 hours 60 hours 9.2.3 All regular part-time employees who work an average of 21-39 hours per week shall accrue annual vacation leave on a semi-monthly basis as indicated below: Length Semi-Monthly Maximum Maximum of Accrual Accrual Payment on Service Rate Per Year Termination % month through 1.67 hours 40 hours 120 hours 5 years 5 years, 1 day through 2.50 hours 60 hours 120 hours 15 years Over 15 years 3.33 hours 80 hours 120 hours Words in italics are defined in the Appendix. BENEFITS Section 9 - Page 4 Revision Date: 1/5/96 9.2.4 Eligibility under the above paragraphs is based on hours scheduled to be worked at time of appointment or reclassification. 9.2.5 The earned vacation leave of all employees shall be credited semi- monthly after the completion of one-half (K) month of service beginning January 1, 1996. 9.2.6 For the purpose of accruing vacation one-half (K) month is defined as seven (7) or more calendar days of service. 9.2.7 Vacation benefits are not earned during any period of an unpaid leave of absence, or for any time worked beyond the employee's regular shift assignment in a pay period. 9.2.8 Earned vacation benefits can be used at any time with advance written approval of employees' supervisor. The approval of vacation schedules shall be arranged considering both the desire of the employees and the department workload. The City shall try to accommodate employees' choices, but the City reserves the right to schedule vacations to meet operational needs. 9.2.9 Employees are encouraged to use all earned vacation each year. 9.2.10 Employees who terminate employment with the City, either voluntarily or involuntarily, shall be paid for all accrued but unused vacation leave, not to exceed the amount shown in paragraphs above. 9.2.11 No cash payment for unused vacation leave shall be made except upon separation from employment. Cash payments in lieu of vacation to persons currently employed with the City shall not be permitted. 9.2.12 The beneficiaries of employees who have died with unused vacation leave shall receive payment of all accumulated vacation leave, not to exceed the amount shown in paragraphs above. (Refer, Section 25-3- 97, Mississippi Code of 1972, as amended.) 9.2.13 There shall be no maximum limit to vacation accrual accumulation, although there are maximum limits to cash payments on termination. All unused vacation shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5 of the Mississippi Code, 1972 as amended (except for those employees of the Fire and Police Departments who are covered by the Disability and Relief Retirement System). Words in italics are. defined in the Appendix. BENEFITS Section 9 - Page 5 Revision Date: 1/5/96 9.3 Sick Leave 9.3.1 Sick leave is defined as leave from duty that may be granted by the City to employees because of illness, injury, exposure to contagious disease, illness or injury of a member of employees' Most Immediate Family that requires the employees' attendance, and medical, dental and optical appointments. Most Immediate Family members include: parent, step- parent, spouse, siblings, child, step-child, grandchild or grandparênt. Sick leave shall also be granted for death in employees' Immediate Family, as specified in the provisions for Bereavement Leave. Immediate Family includes son- or daughter-in-law, mother- OI father- in-law, or brother- or sister-in-law. 9.3.2 Employees shall earn paid sick leave from date of appointment into a regular position. Full-time employees shall earn sick leave credits at the rate of four (4) hours per semi-monthly pay period. Regular part- time employees working less than forty (40) hours per week shall earn sick leave based on their work schedule as shown below: 10-20 hours worked per week: 1 hour sick leave per one-half (16) month 21-39 hours worked per week: 2 hours sick leave per one-half (6) month 9.3.3 For the purpose of accruing sick leave one-half (%) month is defined as seven (7) or more calendar days of service. 9.3.4 Sick leave accrual is unlimited. There shall be no maximum limit to sick leave accumulation. 9.3.5 Upon separation from employment, employees shall not be paid for accumulated sick leave. All accrued and unused sick leave at separation shall be counted as creditable service for the purposes of the retirement system, as provided in Sections 25-11-103 and 25-13-5 of the Mississippi Code, 1972 as amendéd (except for those employees of the Fire and Police Departments who are covered by the Disability and Relief Retirement System). 9.3.6 Sick leave benefits shall not be earned or granted during any City- authorized unpaid leaves of absence; during an absence from duty not authorized by the City; or after separation from City service. Words in italics are defined in the. Appendi. BENEFITS Section 9 - Page 6 Revision Date: 1/5/96 9.3.7 If employees retire because of a disability, they shall be allowed to use all accumulated sick leave and/or vacation leave before the effective date of their disability retirement. 9.3.8 Sick leave may not be used to extend employees' vacation. 9.3.9 Employees who are absent from work must report their absence to their immediate supervisor based upon department policies and procedures, except in no case shall it be later than one hour prior to the start of the work day. In extreme emergencies, notification should be given as soon as practicable. 9.3.10 The City reserves the right to require a satisfactory statement from a licensed physician whenever employees miss work due to an illness, injury or disability. Employees may be asked to provide a physician's statement that verifies the nature of an illiness, injury or disability, its beginning and ending dates, and/or their ability to return to work without endangering their safety or the safety of others. Normally, a statement shall not be requested for absences of three days or less, but the City may request such a statement in situations where it deems it is warranted. Such verifications and releases, when requested, may be a condition of receiving sick leave benefits or returning to work. 9.3.11 Ifall accumulated vacation, sick leave or compensatory time has been used, employees are subject to a prorata deduction from their salaries for the length of time or mumber of days taken in excess of accumulated leave. Employees shall not be paid for leave not earned. 9.4 Bereavement Leave 9.4.1 Three days of paid bereavement leave shall be granted for a death in employees' Most Immediate Family. Most Immediate Family members include: parent, step-parent, spouse, siblings, child, step-child, grandchild or grandparent. Paid bereavement leave for death in employees' Most Immediate Family may be supplemented by the usage of two additional days of sick leave. 9.4.2 Three days of sick leave may be utilized for a death in the employees' Immediate Family. Immediate Family includes son- or daughter-in- law, mother- or father-in-law, or brother- or sister-in-law. Words in italics are defined in the. Appendix. BENEFITS Section 9 - Page 7 Revision Date: 1/5/96 9.4.3 Vacation may be used to supplement the leave allowances for bereavement. 9.5 Jury Duty 9.5.1 It is the policy of the City of Jackson to enable employees to fulfill their civic obligations. If employees are called to jury duty, they must notify their supervisor immediately. 9.5.2 The City shall grant administrative leave with pay to employees serving as jurors, as verified by the clerk of the Court. This compensation shall be in addition to any fees paid to employees for such services. Such services shall not be counted as vacation leave. 9.5.3 Employees released from jury duty by the Court any time prior to the end of the work day must report to work immediately after being released by the Court. 9.6 Witness Duty 9.6.1 Employees who are required by law, as a result of performing their duties as employees of the City, to appear in court to testify as witnesses or who have been subpoenaed to appear in court cases shall receive regular pay for the hours absent for such purpose. 9.6.2 The City shall grant administrative leave with pay to all such employees serving as witnesses, as verified by the clerk of the Court. Any fees paid to employees for such services shall be. paid to the City. Such services shall not be counted as vacation leave. 9.6.3 Employees released from witness duty by the Court any time prior to the end of the work day must report to work immediately after being released by the Court. 9.6.4 Employees who are required by law to appear as a witness in court for purposes unrelated to their duties as a City employee will not be compensated. Words in ialics are defined in the. Appendix. BENEFITS Section 9 - Page 8 Revision Date: 1/5/96 9.7 Health Insurance Plan 9.7.1 The City shall maintain group health insurance plans for all eligible employees. 9.7.2 Eligible employees include all regular full-time employees, all regular part-time employees who work an average of 20 or more hours per week, and all school crossing guards employed prior. to July 1, 1993, regardless of hours worked. 9.7.3 Employees will be asked to share in the cost of such plans. 9.7.4 The City reserves the right to change carriers, modify covered benefits, or make any other changes to group insurance plans as necessary to serve the best interest of the City. 9.7.5 COBRA Rights 9.7.5.1 Employees shall be notified of their rights to retain coverage in the City's plans at their own cost, plus a two-percent (2%) administrative fee, when eligibility for participation in City plans ceases. 9.8 Retirement Member handbooks are available from the Department of Personnel Management to assist in understanding the various retirement systems; including benefits provided, protection afforded members, beneficiaries and application procedures for benefits. Words in italics are defined in the. Appendix. ABSENCE FROM WORK Section 10 - Page 1 Revision Date: 1/5/96 10.1 Leave of Absence 10.1.1 It is the City's policy to grant leaves of absence to all eligible employees on a non-discriminatory basis. Leaves of absence shall be considered in cases of medical disabilities, for cases of personal emergency, for educational purposes, or for military duty, jury duty, or witness duty. Any such leave is subject to the approval of the Department Director, Department of Personnel Management and the Mayor's Office. Unless specifically provided otherwise, all leavés of absence are available only on an unpaid basis, and are limited to two consecutive months. 10.1.2 All regular, full-time and part-time employees may request a leave of absence once they have completed their probationary period. In addition, such employees are eligible for a leave of absence before completing their probationary period where required by state or federal law. For example, unpaid leaves of absence may be granted to probationary employees for work-related disabilities, pregnancy-related disability, or jury, witness or military duty. If employees are away from work for an extended period during their probationary period, the probationary period shall be extended by the exact number of calendar days that they are away from work. 10.1.3 Subject to any applicable legal restrictions, requests for leaves of absence shall be considered based on the employees' length of service, performance, responsibility level, the reasons for the requests, and the City's ability to obtain satisfactory replacements during the time they would be away from work. If employees accept other employment or fail to return to work on the next regularly scheduled work day following the expiration of their leave, it shall be considered that they have voluntarily terminated their employment. 10.1.4 Leaves of absence over thirty (30) days shall be deducted from length of service, but shall not affect continuity of service. 10.1.5 Leaves of absence may not be taken for the purpose of pursuing or engaging in other employment (except military leave). 10.2 Returning from Leave of Absence 10.2.1 When employees are placed on leaves of absence, an effort shall be made to hold their positions open during the approved leave. However, Words in italics are defined in the. Appendix. ABSENCE FROM WORK Section 10 - Page 2 Revision Date: 1/5/96 due to business needs, there shall be times when positions camnot be held open and it is not possible to guarantee reinstatement. 10.2.2 If employees' former positions are unavailable when they are ready to return from an approved leave, every effort shall be made to place them in comparable positions for which they are qualified. If such positions are not available, they shall be offered the next suitable position for which they are qualified that becomes available within one year. 10.2.3 Employees who do not accept the positions offered shall be considered to have voluntarily terminated their employment, effective the day such refusal is made. 10.3 Family & Medical Leave 10.3.1 In compliance with Public Law 103-3, the Family and Medical Leave Act of 1993, effective August 5, 1993, leave is available in accordance with the Act to all City of Jackson employees except employees who work less than 1250 hours during a twelve (12) month period. This policy is issued to ensure that City employees receive, as a minimum, the leave time provided them by the provisions of the Family and Medical Leave Act. 10.3.2 Eligible employees shall be entitled to a total of twelve (12) work weeks of leave during a twelve (12) month period for one or more of the following: a. because of the birth of a child of the employee and in order to care for the child, b. because of the placement of the child with the employee for adoption or for foster care, C. in order to care for the spouse, child, or parent of the employee, if such spouse, child, or parent has a serious health condition, d. because of a serious health condition that makes the employee unable to perform the functions or the position of such employee. Words ini italics are defined in the Appendix. ABSENCE FROM WORK Section 10 - Page 3 Revision Date: 1/5/96 10.3.3 The entitlement to leave for a birth or placement of a child shall expire at the end of the twelve (12) month period beginning on the date of such birth or placement. For family and medical leave for care of a covered relative or due to the employees' serious health condition the twelve (12) month period in which twelve (12) weeks of leave entitlement occur is a fixed twelve (12) month period, from January 1st thru December 31st. 10.3.4 A serious health condition is defined by the law as an illness, injury, impairment, or physical or mental condition that involves (1) inpatient care in a hospital, hospice, or residential medical care facility or (2) continuing treatment by a health care provider. (Specific documentation is required.) 10.3.5 The City requires that the employee use all available accrued paid vacation leave and sick leave as part of the tweive (12) week period. 10.3.6 Once authorized paid leave has been exhausted, the remainder of the twelve (12) weeks of leave shall be unpaid. 10.3.7 Leave taken under the Act can be taken intermittently or on a reduced leave schedule in certain cases. 10.3.8 The City shall maintain employees' group health coverage during the period of family leave on the same conditions as coverage would have been provided if they have been continuously employed during the entire leave period. 10.3.9 Upon return from leave, employees are entitled to be restored to the same positions they held when the leave began, or to equivalent positions, under most circumstances. 10.4 Medical Leaves of Absence for Work-Related Disabilities (Workers' Compensation) 10.4.1 City of Jackson employees are covered under the Workers' Compensation Act. The following is provided as a matter of information regarding Workers' Compensation. Employees are encouraged to contact the Risk Management Division, Department of Personnel Management, with any questions. Words in italics are defined in the. Appendix. ABSENCE FROM WORK Section 10 - Page 4 Revision Date: 1/5/96 10.4.2 Employees injured on the job to the extent that absence from work is unavoidable may elect to supplement their workers' compensation benefits with accumulated sick or vacation leave. Such supplement is subject to the following provisions: 10.4.2.1 Workers' compensation supplement chargeable to sick or vacation leave shall begin on the eleventh working day after the accident. 10.4.2.2 If employees have no accumulated sick or vacation leave or elect not to supplement workers' compensation benefits, only statutory worker's compensation benefits shall be paid. 10.4.2.3 Such supplement may be elected once during any twelve (12) month period. 10.4.3 Employees must immediately report all injuries to their immediate supervisor in accordance with the rules and regulations outlined in the Employees' Safety Manual. Forms must be typed and fully describe the circumstances surrounding the accident. 10.5 Military Leave 10.5.1 City employees who are members of a branch of the United States armed services are entitied to leave with full pay for their annual training for up to fifteen (15) working days in a calendar year. 10.5.2 Accrued personal leave benefits can be used for periods exceeding the fifteen (15) working days. 10.5.3 Employees shall notify. their supervisor as soon as the military duty is scheduled. 10.5.4 To receive payment of salary, employees must, prior to the leave, file with the Department of Personnel Management a copy of the official orders, and immediately upon return a certification from the commanding officer of performance of duty in accordance with the terms of such orders. 10.5.5 All employees who shall be members of any of the reserve components of the armed forces of the United States, or former members of the service of the United States discharged or released therefrom under Words in italics are defined in the Appendix. ABSENCE FROM WORK Section 10 - Page 5 Revision Date: 1/5/96 conditions other than dishonorable, shall be entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they shall be ordered to duty to participate in training at encampments, field exercises, maneuvers, outdoor target practice, or for other exercises, for periods not to exceed fifteen (15) days, and all such officers and employees shall for such periods in excess of fifteen (15) days be entitled to a leave of absence from their respective duties without loss of time, annual leave, or efficiency rating until relieved from duty, and shall when relieved from such duty, be restored to the positions held by them when ordered to duty, or a position' of like seniority, status and pay; provided that such person: (1) when discharged or released from the armed forces shall have received a certificate of satisfactory completion of service, (2) shall be still qualified to perform the duties of such position, (3) shall make application for re-employment within ninety (90) days after such person is relieved from such training and service or released from hospitalization for a period of not more than one (1) year for causes attributable to such services. Any person restored to a position under the above provisions shall not be dismissed from such position without cause within (1) year after restoration. Words in italics are defined in the. Appendix. CONDUCT AND DISCIPLINE Section 11 - Page 1 Revision Date: 1/5/96 11.1 Standards of Conduct It is expected that all City employees shall render the best possible service to the public, and therefore high standards of conduct are essential. 11.2 Improper Employee Conduct Improper conduct may be cause for disciplinary action. The term "improper conduct" means not only any improper action by employees in their official capacity, but also conduct by employees not connected with their official duties that affect their ability to perform official duties, and any improper use of the position as employees for personal advantage. In addition, improper conduct includes, but is not limited to, the following: 11.2.1 Guilt or conviction of criminal offense, felony or misdemeanor, directly or indirectly affecting employees' fitness for employment. 11.2.2 Willful violation of any lawful and reasonable regulations, orders, or directives made or given by authorized supervisors or City management officials where such violation has amounted to a breach of proper discipline or has resulted in loss or injury to the public. 11.2.3 Attempting to induce any employee of the City to violate any lawful and reasonable regulations, order or directive made or given by an authorized supervisor or City management official. 11.2.4 Using, possessing, dealing, distributing, manufacturing or being under the influence of intoxicating beverages or unlawful drugs, or abusing any other substance while attending to City business, or reporting to work or operating City vehicles or equipment under the influence of alcohol or any unlawful drug or substance of abuse. 11.2.5 Sexual harassment or other unlawful harassment of another employee. 11.2.6 Inefficiency, incompetence, carelessness, or negligence in performance of duties. 11.2.7 Rude, discourteous or offensive behavior or treatment of other employees or the public. Words in italics are defined in the Appendix. CONDUCT AND DISCIPLINE Section 11 - Page 2 Revision Date: 1/5/96 11.2.8 Careless or negligent use of the property of the City, or unauthorized use or appropriation of City property to one's own use, including but not limited to funds, vehicles, equipment or supplies. 11.2.9 Furnishing false information to secure appointment, or falsification of work hours or other official records and reports. 11.2.10 Aiding in assessment or collection from any employee in the service of the City for the purpose of securing the nomination or election of any person to municipal, county, state or federal office or for the purpose of making a gift to any elective officer or superior officer in the City's employ while on City time or by using City property. 11.2.11 Engaging in any form of political activity calculated to favor or improve the chances of any political party of any candidate seeking or attempting to hold public or party office while on City time or by using City property. 11.2.12 Chronic or excessive absenteeism or tardiness. 11.2.13 Misuse or abuse of sick leave, including using sick leave under false pretenses. 11.2.14 Absence from duty without authorized leave, failure to report after leave of absence has expired or after such leave of absence has been revoked or canceled. 11.2.15 Violation of written internal rules, regulations, or procedures established and promuigated by the City, not enumerated herein, and, where applicable, not in conflict with Civil Service Law or these Rules. 11.2.16 Acceptance by employees of any fee, bribe, gratuity, kickback, or other item of value when such is given in the hope or expectation of receiving preferential treatment than that accorded to others, or having the appearance of such. 11.2.17. Violation of prescribed Safety Rules and Regulations. 11.2.18 Possession of an unsafe driving record for those employees required to operate City vehicles. 11.2.19 Failure to wear seat belts while operating City vehicles. Words in italics are defined in the. Appendix. CONDUCT AND DISCIPLINE Section 11 - Page 3 Revision Date: 1/5/96 11.2.20 Failure to obtain or maintain necessary qualifications, certificate, or license, which is required as a condition of employment. 11.2.21 Conduct unbecoming to employees of the City, either while on or off duty. 11.2.22 Wilful and wanton brutality or cruelty to a prisoner or one detained or under arrest or sentence, provided the act committed was not necessarily lawfully done in self-defense or to protect the lives of others or to prevent escape of a person lawfully in custody. 11.2.23 Outside work that creates a conflict of interest with City work, or detracts from the efficiency of the employee in the effective performance of official City functions. 11.2.24 The acceptance of employment by any full time sworn police personnel as a security guard or security related employment including but not limited to watch persons, traffic persons and detectives unless such person has first received written consent from the Chief of Police or his designee approving such employment, and the employer of such person shall have filed with the Chief of Police a certificate of insurance naming either the City or the employee as an additional insured by reason of such employment. Such insurance policy shall have limits of not less than $500,000.00 and provide that the insurer shall at its own expense defend any suits filed against the City or àny of its employees because of or growing in any way out of such employment. 11.2.25 Failure to become a resident of the City of Jackson or Hinds County within six (6) months of employment. 11.3 Disciplinary Action 11.3.1 The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees. 11.3.2 Discipline may be initiated for various reasons, including, but not limited to, violations of City and/or department rules, insubordination or poor job performance. The severity of the action depends on the Words in italics are defined in the. Appendix. CONDUCT AND DISCIPLINE Section 11 - Page 4 Revision Date: 1/5/96 nature of the offense and the employee's record, and may range from verbal counseling to immediate dismissal. 11.3.3 While no formal order or system is required, normal progressive discipline procedure consists of: 11.3.3.1 Verbal warning: An opportunity to communicate in a non-disciplinary fashion that a problem is perceived and that the supervisor is available to help. solve it. 11.3.3.2 Written warning: A written communication to the employee that the same or related offense has been committed. A copy of this warning is given to the employee and one (1) copy is filed in the employee's City personnel file. 11.3.3.3 Suspension without pay: For the same or a related offense. Prepared in writing reflecting prior disciplinary actions; a copy is given to employee and a copy is kept in the, employee's City personnel file. 11.3.3.4 Demotion: This step involves a reduction in pay range. 11.3.3.5 Dismissal: The final step in the disciplinary process. The Department Director may choose to enforce an alternative measure of discipline, such as demotion, in an effort to solve the problem short of dismissing an employee. 11.3.4 Although one or more progressive discipline steps may be taken in connection with a particular employee, no formal order or system is necessary. The City reserves the right to deviate from this policy when it feels that circumstances warrant such a deviation. 11.4 Disciplinary Action Review Committee 11.4.1 The Disciplinary Action Review Committee shall consider disciplinary actions proposed by Department Directors, and shall specifically Words ini italics are defined in the. Appendix. CONDUCT AND DISCIPLINE Section 11 - Page 5 Revision Date: 1/5/96 consider all proposed demotions, suspensions and dismissals for regular employees. 11.4.2 The Disciplinary Action Review Committee shall consist of the following members: the Director of the Department that intends to administer the disciplinary action; the Deputy City Attorney who represents the employee's Department, the Deputy City Attorney who represents the Department of Personnel Management, the Equal Employment Opportunity Officer, and the Director of the Department of Personnel Management. 11.5 Civil Service Disciplinary Procedures Civil Service employees who have completed an initial probationary period shall be dismissed in the disciplinary process only after appropriate disciplinary proceedings outlined in Civil Service Rules and Regulations. 11.6 Disciplinary Action During Probation Employees serving the initial probationary period may be dismissed or demoted without application of the disciplinary process and with no rights of appeal. Words ini italics are defined in the. Appendix. HEARINGS, APPEALS AND GRIEVANCES Section 12 - Page 1 Revision Date: 1/5/96 12.1 Open Door Policy 12.1.1 In an effort to maintain communications between management and employees, and to provide an opportunity to clarify matters outside the scope ofthe grievance or appeais process; the City maintains an open door policy. 12.1.2 Employees who have any questions or concerns are encouraged to bring them to the attention of their immediate supervisor. If employees are unable to resolve these questions or problems after this discussion, they shall contact the Department Director; if employees are unable to resolve their questions or problems after this discussion, they can contact the City Administrator or the Director of the Department of Personnel Management to discuss the questions or. problems further. The EEO Officer shall attempt to investigate their concerns and provide them with a response as soon as is reasonably possible. 12.1.3 An effort shall be made to provide employees an opportunity to raise their questions or problems in confidence and without fear of reprisal or discrimination. The City shall make every effort to investigate and settie employees' problems on a fair and equitable basis. 12.2 Grievance Procedures for All Employees 12.2.1 The City wishes to provide each employee fair and impartial treatment. Accordingly, it has established a grievance procedure to allow employees the opportunity to resolve differences and grievances. The grievance procedure is as follows: 12.2.2 Aggrieved employees shall provide grievances in writing to the immediate supervisors within five (5) working days after occurrence of the grievance and attempt to resolve the matter. Immediate supervisors shall provide employees with written responses within five (5) working days. If immediate supervisors are absent from work due to City business, illness, vacation or other authorized leave, the five (5) working days shall run from the date of supervisors' return to work. 12.2.3 Ifaggrieved employees are not satisfied with supervisors' responses or if supervisors do not respond within five (5) working days, or ifissues are not resolved, aggrieved employees shall complete grievance forms furnished by the City, or if employees desire, the Department ofPersonnel Management shall have grievances written as dictated by employees. Words in italics are defined in the Appendix. HEARINGS, APPEALS AND GRIEVANCES Section 12 - Page 2 Revision Date: 1/5/96 12.2.4 Aggrieved employees shall submit grievance forms for review and discussion with the Department Director within five (5) working days after Immediate Supervisors' responses are received or are due. Copies of grievances shall also be filed with the Department of Personnel Management. 12.2.5 The Department Director or his designee shall investigate the grievance and attempt to resolve the matter and shall, within ten (IO) working days, provide the employee with a written answer. The Department Director's response shall also be filed with the Department of Personnel Management. 12.2.6 If aggrieved employees are not satisfied with the Department Director's response or the Department Director does not respond within ten (10) working days, employees shall file a written request for a hearing with the Director of the Department of Personnel Management within five (5) working days after the Department Director's response is received or due. If the Department Director is not at work for reasons of City business, illness, vacation, or other authorized leave, the five (5) working days shall run from date of the Department Director's official retum to work. 12.2.7 The Director of the Department ofPersonnel Management shall, within thirty (30) working days, review documented grievances, respond, make recommendations for hearing requests and shall notify aggrieved employees, employees' supervisors and Department Directors. Both employees and supervisors shall have the right to have witnesses present. Employees, supervisors and witnesses shall present information to the Director of the Department ofPersonnel Management. 12.2.8 After completion of the hearing, the Director of the Department of Personnel Management shall submit findings and render a recommendation within ten (10) working days. The Mayor shall review the findings ofthe Director of the Department of Personnel Management, and the Mayor shall either affirm, modify or reverse the recommendation within ten (10) working days from the date ofthe recommendation from the Director of the Department of Personnel Management. The decision of the Mayor shall be final and binding for all parties concerned. Copies of decisions shall be provided to employees, their Department Director and the City Administrator. 12.2.9 When grievances are decided in favor of employees at any of the administrative levels set above, decisions and effects thereof shall become Words ini italics are defined. int the. Appendix. HEARINGS, APPEALS AND GRIEVANCES Section 12 - Page 3 Revision Date: 1/5/96 effective on agreed upon or specifically stated dates, but shall not be retroactive more than six (6) months. 12.2.10 Discrimination or different treatment against employees who file grievances shall not be tolerated and such action shall be in violation oft the personnel rules of the City of Jackson. Any persons responsible for discriminatory actions shall be subjected to disciplinary action. 12.2.11 * Supervisory personnel shall apply previous decisions in favor of employees to all similar situations. 12.2.12 All correspondence required by the grievance procedure shall be placed in aggrieved employees' personnel files in the Department of Personnel Management. 12.2.13 Subjects involving the amendment or change of Council resolutions, ordinances, or minute orders are specifically excluded from the grievance procedure. 12.3 Civil Service Hearings and Appeals Procedures for Certified Employees 12.3.1 The Civil Service Commission may: investigate complaints in accordance with Civil Service regulations. Words in italics are defned in the. Appendix. APPENDIX: DEFINITION OF TERMS Appendix - Page 1 Revision Date: 1/5/96 APPENDIX: DEFINITION OF TERMS NOTE: Defined terms are identified by italics in text. allocation The assignment of an individual position to an appropriate classification based on the type, difficulty, and responsibility of the work performed in the position. As used in these personnel rules, employees are appointed to positions; positions are allocated to classifications. appointive Regular non-elected postonsemployees not covered by Civil Service. certified employee A City employee who has been inducted into a permanent employee under Civil Service. City The City of Jackson. City Council/Council The City Council of Jackson. Civil Service Commission Commission appointed by the Mayor, pursuant to Mississippi Code. See Civil Service Rules for City of Jackson, Mississippi, for full description of purpose and effect. classification A group of positions sufficiently similar in duties, responsibilities, authority, and qualifications for employment to permit combining them under a single title and equitable application of common standards of selection and compensation. classification plan The set of principles and practices prepared and maintained by the Department of Personnel Management to determine class specifications, classification titles and position allocations. classified Uniformed/sworn fire and police and full-time monthly salaried positions and employees covered by Civil Service. Words in italics are defined in the Appendix. APPENDIX: DEFINITION OF TERMS Appendix - Page 2 Revision Date: 1/5/96 demotion The voluntary or involuntary reduction of a regular employee from a position in one class to a position in another class having a lower maximum salary rate. Department Director The administrative head of a City operating department. dismissal The involuntary separation of an employee from the service of the City, normally due to misconduct or poor performance. eligibility list An official list of eligibles for a Civil Service Competitive Class classification or position in the order of final rating according to the promotional procedures approved by the Civil Service Commission. exempt employee An employee who is not eligible for payment of overtime under the provisions of the Fair Labor Standards Act. flat rate A pay range in which the minimum and maximum rates of pay are the same. full-time employee An employee who is employed to work on a full-time basis, generally 40 hours per week, 52 weeks per year. grievance A formal complaint regarding an alleged wrong which has been properly submitted by the affected employee to the City for review and resolution. lateral transfer A change of an employee from one position to another position in the same class or a comparable class at the same pay range. leave Authorized or unauthorized absence from employees' place of work. non-exempt emplovee Employees who are eligible for payment of overtime under the provisions of the Fair Labor Standards Act. Words in italics are defined in the Appendix. APPENDIX: DEFINITION OF TERMS Appendix - Page 3 Revision Date: 1/5/96 part-time employee An employee who is employed to work less than eight hours per day, 40 hours per week. pay range The minimum and maximum rates of pay, along with such intermediate rates as are considered necessary, for each classification, as recommended by the Department of Personnel Management and authorized by the Mayor's Office and City Council. personnel action Any action taken with reference to appointment, compensation, promotion, transfer, lay-off, dismissal, discipline, commendations, or any other action affecting the status of employment. position A combination of current duties and responsibilities requiring the full-time or part-time services of an employee. probationary employee An employee who is serving a probationary period for the position and/or classification in which the person is currently employed. probationary period A working test period during which an employee is required to demonstrate fitness for the actual performance of the assigned duties of the position. Initial" probationary period is the first probationary period completed by an employee following the original date of hire. promotion The reclassification of an employee from a position in one classification to a position in another classification having a higher maximum rate of pay. reallocation A change in the classification and/or range of an individual position by raising it to a higher classification, reducing it to a lower classification, or by moving it to another classification in the same range due to significant changes in kind, difficulty, or responsibility of the work performed in the position. reclassification A change of an employee to a different classification, range, department or employment status. Types of Reclassification include promotion, demotion, lateral transfer, suspension, separation. Words in italics are defined in the. Appendix. APPENDIX: DEFINITION OF TERMS Appendix - Page 4 Revision Date: 1/5/96 referral list A roster of qualified candidates submitted by the Department of Personnel Management to the operating departments for the purpose of further evaluation and possible selection. regular employee An employee who has successfully completed an initial probationary period in a budgeted position which is not temporary. regular part-time An employee or position scheduled to work less than eight (8) hours per day, forty (40) hours per week in a budgeted position which is not temporary. regular position A budgeted position which is not temporary. resignation Voluntary separation from employment. retirement Separation from employment after becoming eligible for and applying to the Public Employees Retirement System for retirement benefits or after having reached the maximum age limit. salary range The Minimum and Maximum salary rates and such intermediate rates as are specified for a classification in the current salary table approved by the City Council. separation The termination of an employee's employment with the City because of retirement, resignation, death, lay-off, or dismissal. supervisor An employee assigned responsibility for organizing, assigning, and reviewing the performance of another employee. suspension Disciplinary action in which an employee is temporarily, involuntarily separated from employment for a specified period of time. temporary emplovee An employee appointed to meet staffing requirements of short-term duration. Words in italics are defined in the Appendix. APPENDIX: DEFINITION OF TERMS Appendix - Page 5 Revision Date: 1/5/96 termination date The last day an individual is employed by the City. transfer The change of an employee from one position to another position. Words in ialics are defined in the Appendix.