ALP

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Anniversary date means the date used to determine eligibility for step advancement.

Appointive officer means those employees and classifications appointed by and subject to the direction and supervision of the mayor and those employees and classifications appointed by and subject to the direction and supervision of the city council and may require the advice and consent of the council to be effective.

Classified employee means an employee providing support services to a director, elected official, human resources, or the city attorney as determined by executive order of the mayor. Classified employees are nonexempt under FLSA.

Collective bargaining unit means an organization selected by secret ballot by a majority vote of the employees of a unit chosen for the purpose of collective bargaining and shall be the exclusive representative of all employees in such unit.

Disability means a physical or mental impairment that substantially limits one or more of the major life activities of an employee and/or applicant for employment. A qualified individual with a disability means the disabled individual who, with or without reasonable accommodation, can perform the essential functions of the employment position he holds or desires.

Employment anniversary date means the date used for determining vacations, sick leave, and other benefits. This date shall be the date the officer or employee entered service with the city continuously as a regular full-time or regular part-time employee.

Exempt employee means an employee exempted from the minimum wage and overtime provisions of FLSA. An exempt employee is classified as a salaried employee.

Immediate family, for purposes of sick leave usage, means parent, child, spouse, parents of the spouse, dependant residing in the employee's home, or an employee's grandparent, grandchild, or sibling afflicted with a serious medical condition.

Management employee means an employee and classification in the salary system not represented by a collective bargaining unit. Midmanagement employees are classified as exempt under FLSA.

Nonexempt employee means an employee covered by the Fair Labor Standards Act. A nonexempt employee is classified as an hourly employee.

Occasional employee means a non-civil service employee whose employment is infrequent and of short duration.

Officers mean those employees exempt from civil service and designated appointive officers.

Pay grade means a portion of the pay plan into which positions are assigned, consisting of a minimum, maximum, and intermediate steps.

Promotion applies to an actual vacancy resulting in the movement of an employee from his present job classification to another job classification having a higher maximum biweekly or hourly rate of pay.

Reassignment applies to personnel action where no actual vacancy exists but an employee's job classification and/or salary grade has changed.

Regular full-time employee means an employee in the civil service of the city who is legally an incumbent of a position in the classified service. Appointive officials, for purposes of this chapter, are considered regular full-time employees.

Regular part-time employee, RPT, means an employee in the civil service of the city who is regularly scheduled to work less than 40 hours a week but more than 19 hours a week.

Seasonal recreation employee means noncivil service employees employed in a seasonal recreational establishment and/or program that does not operate for more than seven months in any calendar year.

Separation means resignation from civil service in good standing, discharge, retirement or death.

Sick leave means the absence of the mayor and any appointive officer and employee, midmanagement, and classified employee because of illness or attendance upon a member of immediate family due to illness; provided that no officer or employee, unless officially assigned to special duty, shall be granted sick leave for any injuries or illness resulting from any employment other than that required in the course of his assigned duties. Such officer or employee shall receive full compensation during sick leave.

Temporary employee means an employee who works 1,440 hours or less during any one fiscal year and who is not under civil service nor eligible to receive employee benefits.

Temporary term employee means noncivil service employees whose employment is intended to last more than 1,440 hours in a calendar year but not more than 36 months.

(1) From one department to another department without a change in job classification; or

(2) From one job classification to another job classification having an equal or lower maximum biweekly or hourly rate of pay.

Workweek means 40 hours in each seven-day fixed and reoccurring period. Pertains to nonexempt employees only.

(1957 Rev. Ords., § 2.209; Ord. No. 2669, 3-3-70; Ord. No. 82-73, § 1, 10-1-73; Ord. No. 39-80, 5-19-80; Ord. No. 45-82, § 1, 4-26-82; Ord. No. 99-84, § 1, 6-25-84; Ord. No. 8-89, § 1, 1-23-89; Ord. No. 59-89, § 1, 6-19-89; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 1, 4-11-94; Ord. No. 66-95, §§ 1, 2, 5-1-95; Ord. No. 87-97, §§ 1, 2, 12-2-97; Ord. No. 28-00, §§ 1, 2, 4-10-00; Ord. No. 4-01, § 1, 1-8-01; Ord. No. 50-05, § 2, 5-9-05; Ord. No. 94-06, § 1, 8-7-06)

Sec. 30-2. Human resources department--Created.

There is hereby created the human resources department for the city, which shall function and operate under the direct supervision and direction of the mayor.

(1957 Rev. Ords., § 3.301; Ord. No. 1958, 6-23-58; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 1, 3-6-95; Ord. No. 87-97, § 3, 12-2-97; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-3. Same--Functions.

The human resources department shall recruit, examine, and qualify applicants for the various city jobs. It shall administer the following programs: employee benefits, equal opportunity and affirmative action, civil service including position classification and compensation plans and system, labor contract administration and negotiations, employee development and communication; maintain employee personnel records and payroll administration for all temporary and regular full-time and part-time employees; assure conformance with established personnel rules and ordinances; administer the employees' and firefighters' pension funds, and unemployment compensation fund; receive and investigate complaints of violations of civil rights as protected under federal, state, and local laws; and provide administrative support to the human relations commission.

(1957 Rev. Ords., § 3.303; Ord. No. 1958, 6-23-58; Ord. No. 44-80, § 1, 5-27-80; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 4, 12-2-97; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-4. Director of human resources.

The director of human resources, in this chapter hereinafter referred to as director, shall not be a member of the civil service board. The director is responsible for the overall operation, planning, development, and administration of the human resources department, citywide benefits, the civil service system, personnel policies and procedures, labor relations activities, and human relations.

(1957 Rev. Ords., § 3.302; Ord. No. 1958, 6-23-58; Ord. No. 44-80, § 2, 5-27-80; Ord. No. 99-84, § 2, 6-25-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 2, 3-6-95; Ord. No. 87-97, § 5, 12-2-97; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-05, § 1, 1-10-05)

Sec. 30-5. Salary grades.

The various salary grades and schedules for the several officers and employees of the city shall be as provided by executive order of the mayor or as separately provided by a negotiated agreement for members of that collective bargaining unit only. All salary grades shall be on file in the office of the city clerk.

(1957 Rev. Ords., § 2.205; Ord. No. 2669, 3-3-70; Ord. No. 2682, 5-18-70; Ord. No. 2724, 12-7-70; Ord. No. 2735, 2-8-71; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 3, 3-6-95)

Sec. 30-6. Bonds for officers, employees.

When required by the mayor or by state law, the various officers and employees of the city other than those appointed officers described in sections 30-84 and 30-85 of this Code shall furnish an under taking to be approved by the mayor in an amount as designated by the mayor from time to time conditioned for the faithful performance of the duties of their positions and to account, pay over, and deliver all money or property coming into their hands by virtue of their position according to law.

(1957 Rev. Ords., § 2.204; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 4, 3-6-95)

Sec. 30-7. Employees' worker's compensation fund.

(b) Funding shall be made through appropriations and/or transfer of unencumbered funds to maintain current liability reserves and a balance to provide sufficient monies to meet future liabilities.

(c) None of the monies appropriated or paid into said fund shall be drawn out of said fund except: a) for the purpose of paying claims received by employees of the city, resulting from injuries received while in the discharge of their employment as employees of the city as provided in section 30-160 and arising out of and during the course of their employment, and b) for special purposes related to worker's compensation as identified and authorized by mayor action.

(1957 Rev. Ords., § 2.401; Ord. No. 77-86, 8-25-86; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 5, 3-6-95; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-8. Workers' compensation coverage for city council members.

(a) Members of the city council shall be treated as employees for the purpose of extending South Dakota workers' compensation coverage.

(b) A council member shall provide written notice of a work-related injury claim to the director of central services not later than three business days after the actual occurrence of an injury. The notice shall include the date, location, and relationship of the injury to the job. Failure to provide the required notice shall result in a denial of the claim. The city shall not be liable if notice is not provided pursuant to this section.

Secs. 30-9--30-17. Reserved.

ARTICLE II. CIVIL SERVICE*

*State law references: Civil service regulations authorized, SDCL 9-14-14, 9-14-15.

DIVISION 1. GENERALLY

Sec. 30-18. Scope.

Except as otherwise provided in this section, this article shall apply to all employees, except that it shall not apply to temporary, temporary term, seasonal recreation, or occasional employees not under civil service. If an employee is represented by a collective bargaining unit which has entered into an agreement with the city, the terms of such agreement will be controlling if in conflict with the provisions of this chapter.

(1957 Rev. Ords., § 3.102; Ord. No. 1999, 9-21-59; Ord. No. 2454, 10-31-66; Ord. No. 8-89, § 2, 1-23-89; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-19. Application to appointive officers.

(a) This article shall not apply to elective or appointive officers unless otherwise specifically stated. The term "appointive officers" as used in this section shall include all appointive officers specifically provided for by statutes of the state and all other officers appointed to fill appointive offices created by ordinance, executive order or resolution as authorized by the statutes of the state or city charter.

(b) Anyone holding an appointive office, who at the time of his appointment thereto, was in the civil service of the city shall, upon his removal from such appointive office, be returned to his former position and pay as an employee of the city and the period of his tenure as an appointive officer shall be included in his civil service rights.

(1957 Rev. Ords., §§ 3.102--3.104; Ord. No. 1999, 9-21-59; Ord. No. 2153, 9-17-62; Ord. No. 55-80, § 1, 6-23-80; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 6, 3-6-95)

Sec. 30-20. Reserved.

Editor's note: Ord. No. 04-04, § 1, adopted Jan. 12, 2004, repealed § 30-20, which pertained to resident requirements. See also the Code Comparative Table.

Sec. 30-21. Reserved.

Editor's note: Section 30-21, pertaining to age limits for applicants, was taken from the Rev. Ords of 1957, § 3.118 and amended by Ord. No. 87-91, § 1, adopted November 25, 1991. Ord. No. 34-94, § 1, adopted April 11, 1994, repealed this section in its entirety.

Sec. 30-22. Acts prohibited.

No person or officer shall willfully and corruptly obstruct any employee or applicant in respect to his right of examination. No person or officer shall falsely grade or report upon the examination or proper standing of any employee or applicant examined under the civil service rules. No person or officer shall willfully make any false representations concerning either the employee or applicant or the results of his examination. No person or officer shall furnish to any employee or applicant any special or confidential information for the purpose of improving or injuring the chances of that employee or applicant on the promotional or employment examination.

Sec. 30-23. Political activity.

No officer or employee under the civil service or appointive officers shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any city office. The expression in private of personal views concerning candidates for political office is not prohibited hereby. Violation of this section shall be grounds for discharge or other disciplinary action.

(1957 Rev. Ords., § 3.124; Ord. No. 98-89, § 1, 9-18-89; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-24. Political interference.

No officer or employee of the city shall discharge, degrade or promote or in any manner change the official rank of any other officer or employee or promise or threaten to do so for giving or withholding any contribution of money or other valuable thing for any party or political purpose or for refusal or neglect to render any party political service.

Sec. 30-25. Unlawful payments.

(a) No applicant for appointment in the civil service, either directly or indirectly, shall pay or promise to pay any money or other valuable thing to any person for or on account of his appointment or proposed appointment.

(b) No officer or employee shall pay or promise to pay, either directly or indirectly, any money or other valuable thing to any person on account of his promotion.

Sec. 30-26. Unlawful influence.

No person while holding any office in the government of the city or any nomination for or while seeking a nomination for appointment to any such office shall corruptly use or promise to use, either directly or indirectly, any official authority or influence in the way of conferring upon any person, or in order to secure or aid any person in securing any office or public employment or any nomination, confirmation, promotion, or increase in salary, upon the consideration or condition that the vote or political influence or action of the last named person or any other person shall be given or used in behalf of any candidate, officer, or party, or upon any other corrupt condition or consideration.

Sec. 30-27. Discrimination.

No person in the civil service or seeking admission thereto shall be appointed, reduced, or removed, or in any way favored or discriminated against because of his race, color, creed, sex, ancestry, national origin, disability, political or religious opinions or affiliations.

Sec. 30-28. Reserved.

Editor's note: Ord. No. 28-00, § 3, adopted April 10, 2000, repealed § 30-28, which pertained to circular of information. See the Code Comparative Table.

Sec. 30-29. Examinations generally.

All applicants for employment in the civil service shall be subject to examination under the rules made by the civil service board.

(1957 Rev. Ords., § 3.113; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-30. Application required.

(a) In order to entitle the applicant for a position in the civil service to appear for examination or to be examined, he must sign a verified written application stating:

(b) Such other information shall be furnished by the applicant as may reasonably be required by the civil service board concerning the applicant's qualifications for the public service.

(1957 Rev. Ords., § 3.114; Ord. No. 99-84, § 4, 6-25-84; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-31. Reserved.

Editor's note: Ord. No. 28-00, § 3, adopted April 10, 2000, repealed § 30-31, which pertained to filing applications. See the Code Comparative Table.

Sec. 30-32. False statements in application.

Any false statement knowingly made by any applicant in his application for a position in the civil service for admission to any examination or made at his request or with his knowledge in any certificate which may accompany his application, or other fraudulent conduct, shall be regarded as good cause for excluding him from such examination or for removing his name from any register or eligible list.

Sec. 30-33. Examiners.

The director or designee may act as or appoint examiners who may either be in or out of the official service of the city whose duty it shall be to superintend civil service examinations and who shall perform such other duties as the board may prescribe.

(1957 Rev. Ords., §§ 3.110, 3.119; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 3, 4-11-94; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-34. Preference for former military personnel.

Veterans, as defined in state law, who are citizens and residents of the state shall, where all qualifications are equal, be given preference for appointment to civil service.

(1957 Rev. Ords., § 3.108; Ord. No. 82-73, § 3, 10-1-73; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

State law references: Veterans' preference in employment, SDCL 3-3-1 et seq.

Sec. 30-35. Medical examinations and/or alcohol and drug screening.

A preemployment medical examination and/or alcohol and drug screening shall be administered following a conditional offer of employment to all entering employees in a particular classification of the civil service. Temporary, temporary term, and seasonal recreation employees shall be subject to the drug screen examination following an offer of temporary employment. The results of all examinations shall be used in accordance with regulations issued under the Americans with Disabilities Act.

(1957 Rev. Ords., § 3.137; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 4, 4-11-94; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-36. Disqualifications.

The civil service board and/or designee may refuse to examine an applicant or after examination to certify an eligible person and may remove his name from the eligible list for any of the following reasons:

(1) He is found to lack any of the established preliminary requirements for the position and grade for which he applies; or where bona fide, physical job requirements exist in a position that cannot be reasonably accommodated;

(2) He poses a significant risk to the health and safety of others or to property that cannot be eliminated by reasonable accommodations;

(3) He has been guilty of a crime or of infamous or disgraceful or immoral conduct;

(4) He tests positive for drugs or alcohol as a result of an alcohol and drug screening;

(7) He has used or attempted to use any personal or political influence to further his eligibility or appointment;

(8) He is found by the board to have committed any act, either while in the service of the city or otherwise, or to have any deficiency or disqualification which in the judgment of the board would be sufficiently serious to constitute a just cause for discharge from the city service; or

(9) He has been found to be deficient in personal qualifications requisite for the position for which he applies.

(1957 Rev. Ords., § 3.132; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-37a. Names certified--New hires.

The civil service board or its designee, shall, as soon as possible after such examinations, certify to the hiring authority the names of the eligible candidates for each class of position in alphabetical order and absent test scores. The hiring authority may select any one of the candidates certified by the civil service board or its designee subject to review by the human resources department. All vacancies and positions under civil service which shall occur before the holding of the next examination shall be filled from said list, except when there exists a reinstatement eligible list.

(1957 Rev. Ords., § 3.120; Ord. No. 45-82, 4-26-82; Ord. No. 39-89, § 2, 5-8-89; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 9, 3-6-95; Ord. No. 87-97, § 6, 12-2-97; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-37b. Same--Promotion/transfer.

The civil service board or its designee shall, as soon as possible after such examinations required in this article, certify to the hiring authority the names of the eligible candidates for each class of position. The eligible list for uniformed police and fire department vacancies shall be certified by name in order of highest score. All other eligibility lists shall be certified by name in alphabetical order and absent test scores. All vacancies in the positions under civil service which shall occur before the holding of the next examination shall be filled from such list.

(1957 Rev. Ords., § 3.120; Ord. No. 45-82, 4-26-82; Ord. No. 39-89, § 2, 5-8-89; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-38. Temporary assignments and appointments.

(a) To prevent the delay of public business or to meet extraordinary exigencies, a department head may make temporary assignments or appointments within a department or to another department.

(b) If such temporary assignment or appointment is of an employee from one department to another department, it shall be with the consent of the head of the receiving department and at the discretion of the head of the transferring department, from those employees in the transferring department who are qualified to perform the assigned duties with the receiving department.

(c) When employees from other departments are temporarily assigned or appointed to another department under subsection (a) herein they shall be subject to the direction and supervision of the receiving department personnel only for the purposes of accomplishing the immediate required tasks and hours of work. otherwise and for all other purposes, such temporarily assigned or appointed employees remain subject to the rules, regulations, and rights of the department from which they were temporarily assigned. Such temporarily assigned or appointed employees shall receive wages at their normal scale of pay with their normal employing department, when temporarily assigned to another department, which wages will be paid from the budget of the receiving department. Any overtime wages accrued, as defined by section 30-105 of this Code, will be computed on the employee's normal scale of pay with their normal employing department, and will be paid from the budget of the receiving department.

(d) In the specific implementation of this section, when a "snow removal alert" as defined in section 38-78(b) of this Code is declared, the department head of any department may temporarily assign or appoint to the street department as many of the employees of that department as are available, or are required by the street department for the purpose of efficient snow removal.

(e) Nothing in subsection (d) of this section shall prevent persons not presently employed by the city from being so temporarily assigned or appointed to a department under the provisions of subsection (a) of this section.

(1957 Rev. Ords., § 3.128; Ord. No. 87-83, 11-14-83; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 10, 3-6-95)

Sec. 30-39. Promotions generally.

The civil service board shall provide by rule for promotions to all positions in the classified service, based on merit, efficiency, character, conduct, and seniority.

Sec. 30-40. Promotional examination.

Promotion to any position in the classified service shall be by means of examination, except as otherwise provided by the ordinances and civil service rules of the city. Examinations for promotion shall be held when there are one or more persons eligible to take such examinations and it is considered for the good of the city to hold such examination. An original entrance examination may also be held when:

(1) There are not more than two persons eligible for promotion to a class of position covered by a collective bargaining agreement, unless otherwise specifically set forth in that agreement; or

(2) There are not more than six persons eligible for promotion to a class of position under civil service not covered by a collective bargaining agreement.

(1957 Rev. Ords., § 3.133; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 84-92, § 1, 9-28-92)

Sec. 30-41. Eligibility for promotion.

(a) The length of city service necessary to qualify a person for promotion shall be prescribed by the board at the time of examination, provided that such time shall not be less than six months. This six-month minimum service requirement may be waived by the mayor upon recommendation of the director based on individual circumstances to meet organizational needs.

(b) Service as used in this section means service as a result of regular appointment. Persons on leave of absence or on the reinstatement list, if otherwise qualified, shall be eligible to take a promotional examination only with the approval of the board.

(c) If the employee is represented by a bargaining unit which has entered into an agreement with the city concerning eligibility for promotion, the terms of that agreement will govern that employee's eligibility for promotion within that bargaining unit.

(1957 Rev. Ords., § 3.134; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 11, 3-6-95; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-42. Probation period.

(a) An appointment is not complete until a 12-month probation has elapsed. An interdepartmental promotion/transfer is not complete until a six-month probation has elapsed unless otherwise specified in a collective bargaining agreement. Completion of a probation period may be waived by the sending and receiving departments for an interdepartmental promotion/transfer. A probationer may be discharged or demoted at any time within a probationary period upon the recommendation of the head of the department. The department head shall notify the board at the end of the probation period as to acceptance or rejection of the probationer.

(b) A reclassification shall not require the completion of a probation period. The employee will progress in the normal prescribed intervals based on the effective date of his last increase unless the anniversary date is adjusted as the result of a change in the hourly or biweekly rate of pay.

(c) Should a probationer be absent from the job for more than 30 days during the probationary period, the probationary period will be extended for a period of time equal to the absence in order to enable the probationer to complete the full probationary period.

(d) Should a promoted probationary employee decide within 30 calendar days of promotion to return to his former position, the employee shall make the request to the current department head and shall be returned to the former position within ten calendar days of the request. Should a transferred probationary employee decide within 30 calendar days of transfer to return to his former position, the employee shall make the request to his current department head and may be returned to the former position within ten calendar days if that former position has not yet been filled or eliminated.

(1957 Rev. Ords., § 3.130; Ord. No. 2129, 2-5-62; Ord. No. 84-75, § 1, 12-15-75; Ord. No. 24-91, § 1, 3-25-91; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 5, 4-11-94; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-43. Reserved.

Editor's note: Ord. No. 4-01, § 2, adopted Jan. 8, 2001, repealed § 30-43, which pertained to seniority and efficiency. See the Code Comparative Table.

Sec. 30-44. Demotion allowed.

An employee may be demoted from a higher rated position to a lower rated position for cause. Such request may be made by the department head, but the demotion shall become effective only upon recommendation of the supervising department director and concurrence by the human resources department.

(1957 Rev. Ords., § 3.138; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 7, 12-2-97; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-05, § 2, 1-10-05)

Sec. 30-45. Demotion, discharge, suspension--Generally.

No employee shall be suspended, discharged, or demoted from his position except for just cause, which shall not be race, creed, color, sex, ancestry, national origin, political or religious affiliation, or disability.

(1957 Rev. Ords., § 3.122; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-46. Same--Causes.

The following will be considered as causes for discharge, suspension, or demotion of an officer or an employee in the classified civil service, although discharges, suspensions, or demotions may be made for other causes.

(1) Has been convicted of a criminal offense or of a misdemeanor involving moral turpitude;

(2) Has willfully, wantonly, or through culpable negligence been guilty of brutality or cruelty to a prisoner or to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense, or to protect the lives of others, or to prevent the escape of a person lawfully in custody;

(3) Has willfully violated any of the provisions of the civil service or of the rules of the board;

(4) Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or reasonable direction made and given by his superior officer, where such violation or failure to obey amounts to an act of insubordination or a serious breach of proper discipline, or resulted or reasonably might be expected to result in loss or injury to the city, or to the public, or to the prisoners or wards of the city;

(5) Has been guilty of acts constituting insubordination or of any conduct unbecoming an officer or employee of the city;

(6) a. Has unlawfully used, possessed, manufactured, distributed, dispensed, or been under the influence of any controlled substance, on or off the job.

b. Has unlawfully used, possessed, manufactured, distributed, or dispensed drug paraphernalia, on or off the job.

c. Has at any time used, possessed, or been under the influence of alcohol while working, while performing job duties, while on the city's premises, or while operating city vehicles, machinery, or equipment.

d. Has violated any provision of the city's drug and alcohol-free workplace policies.

e. The provisions of this subsection do not apply to legally authorized possession of a controlled substance, drug paraphernalia, or alcohol, or the specifically authorized consumption of alcohol by public safety officers while acting in the line of duty.

(7) Is wantonly offensive in his conduct or language toward the public or toward city officers or employees;

(8) Is incompetent or inefficient in the performance of the duties of his position;

(10) Has disclosed privileged or confidential city information to unauthorized person(s) without the specific authorization of a director or manager to do so;

(11) Has used or threatened to use, or attempted to use political influence in securing promotion, leave of absence, transfer, change of grade, pay, or character of work;

(12) Has induced or has attempted to induce an officer or employee in the service of the city to commit an unlawful act or to act in violation of any lawful and reasonable department or official regulation or order; or has taken any fee, gift, or other valuable thing in the course of his work or in connection with it for his personal use from any citizen, when such fee, gift, or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other citizens;

(13) Has induced or attempted to induce any person doing business with the city to give employment to any relative of such city officer or employee, or has induced or attempted to induce any such person to show any material favor or consideration of any kind to any relative of such city officer or employee, when such officer or employee holds a position in a department or office having direct contact with such person;

(15) Has been guilty of any other act or omission deemed sufficient cause by the board.

(1957 Rev. Ords., § 3.139; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 8, 12-2-97; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-47. Same--Notice.

(a) Notice of disciplinary action to include warning, suspension, reduction, or discharge from a position in the civil service shall be documented on an incident report form and immediately forwarded to the human resources department. A copy of this incident report shall be provided to the disciplined employee.

(b) If an employee is being discharged, he shall be given a copy of the reasons for his discharge in writing and shall be afforded a predetermination opportunity to respond to disciplinary action.

(1957 Rev. Ords., § 3.122; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 6, 4-11-94; Ord. No. 87-97, § 9, 12-2-97; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-48. Same--Appeal allowed.

Within ten calendar days after the issuance of the employee incident report identifying the removal, discharge, suspension, or reduction of a person holding a position in the classified civil service of the city, such person may appeal the action to the civil service board by filing a written notice of such appeal with the human resources department.

(1957 Rev. Ords., § 3.122; Ord. No. 82-73, § 4, 10-1-73; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 10, 12-2-97; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 04-04, § 2, 1-12-04)

Sec. 30-49. Same--Hearing.

(a) Within 30 days after receiving notice of appeal from a person holding a position in the classified civil service of the city, the civil service board shall set a date for hearing on or investigation of the reasons for the removal, discharge, suspension or reduction. Notice of the time and place of such hearing or investigation shall be delivered to the employee appealing either personally or by certified mail. Notice by regular mail shall also be given the officer taking the action appealed from.

(b) If the conduct which is the subject of the action is pending before a grand jury or court, the board may, upon request by the person subject to the action, postpone consideration of the matter. Upon making the request, the person shall, in writing, waive all right to pay during the postponement. The person may terminate the postponement upon ten days' written notice to the board.

(c) A hearing panel composed of three board members shall conduct the hearing or investigation. The employee appealing shall have full opportunity to be heard and may be represented by counsel or a union representative. The city attorney or unit director taking the action shall be represented by the office of the city attorney. However, a unit director retains additional counsel, the expense so incurred shall not be paid by the city.

(d) In the course of the hearing or investigation any member of the board shall have the power to administer oaths and shall have power to secure by subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such hearing or investigation. The board may order all evidence to be taken by a competent reporter. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion, or discharge was or was not made for race, color, creed, sex, ancestry, national origin, disability or political or religious reasons and was or was not made in good faith for cause.

(e) Failure of the appealing employee to appear before the civil service board at the time, date, and place as indicated upon the notice of hearing delivered to the employee will cause the board to find in favor of the city. In addition, the appealing employee will be charged with all expenses connected with arranging a civil service board appeals hearing. The city shall collect those expenses from the appealing employee as the city deems appropriate.

(1957 Rev. Ords., § 3.122; Ord. No. 50-83, § 1, 7-11-83; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 99-96, § 3, 9-3-96; Ord. No. 87-97, § 11, 12-2-97; Ord. No. 4-05, § 3, 1-10-05)

Sec. 30-50. Same--Determination by board.

After an investigation into the discharge, removal, suspension or reduction of a person in the civil service, the civil service board may, if in its estimation the evidence is conclusive, affirm the removal, or if it shall find that the removal, suspension, or demotion was made for race, color, creed, sex, ancestry, national origin, disability or political or religious reasons or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position, or employment from which such person was removed, suspended, demoted, or discharged. Such reinstatement may be retroactive with pay from the time of such removal, suspension, demotion, or discharge. The board upon such investigation, in lieu of affirming the removal, suspension, demotion, or discharge, may modify the order of removal, suspension, demotion, or discharge by directing a suspension without pay for a given period and subsequent restoration of duty or demotion in classification, grade, or pay. The findings of the board shall be certified in writing to the director, and shall be forthwith enforced by such officer.

(1957 Rev. Ords., § 3.122; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 4-05, § 4, 1-10-05)

Sec. 30-51. Reinstatement.

Any officer or employee suspended or under suspension shall be entitled to reinstatement only in the discretion of the department head, unless otherwise ordered by the board following a hearing on appeal.

Sec. 30-52. Matters to be reported.

(1) A complete list of civil service employees prepared by listing the rank and position of each employee.

(2) Every resignation, discharge, reduction, or suspension from service of employees certified to him and the cause for such resignation, discharge, reduction, or suspension.

(4) The name of each new employee or appointee and the position of employment or appointment.

(1957 Rev. Ords., § 3.141; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 12, 12-2-97)

Sec. 30-53. Staff reduction.

(a) Whenever it becomes necessary to reduce the civil service exempt management and/or classified employee work force in any classification, the appointing officer shall designate the classification in the department from which layoffs shall take place. The person serving in such classification shall be laid off in inverse order of their appointment to such classification, the last one so appointed to be the first one laid off. The temporary appointees in such classification and grade of position shall in all cases be first laid off. The names of the civil service employees laid off shall be placed upon a reinstatement eligible list under the classifications applicable to such employees for two years.

(b) Any officer or employee who has been laid off shall be eligible for reinstatement to the position of the same classification and grade and as to the position from which layoff took place. Whenever it is desired to increase the force or fill a vacancy in any department, the names on the reinstatement eligible list under the appropriate classification shall be certified for reemployment in the same order as originally appointed. They shall be reemployed according to seniority of service, provided that when eligibles upon such reinstatement eligible list have been exhausted, the general eligible lists may be used.

(Ord. No. 37-95, § 7, 3-6-95; Ord. No. 87-97, § 13, 12-2-97; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-54. Benefits for laid off employees.

(a) Civil service exempt management and confidential employees who are laid off will retain their accrued hours of sick leave for 24 months following their layoff. After 24 months of being laid off from city service, all accrued sick leave will not be recognized by the city and eliminated from official records.

Any employee who is laid off from the city civil service may not earn or accrue additional sick leave nor be paid for any personal sickness after their layoff. Employees who retire from the city's service before or during their layoff will be paid for their accrued sick leave according to the provisions of this chapter.

Any employee who is reemployed by the city before 24 months have elapsed since their layoff will have their sick leave accrual reinstated, and the employee will earn sick leave at the existing accrual rate.

(b) When civil service exempt management and classified employees are laid off from the city's service, they will be paid for vacation hours earned to date in accordance with section 30-140 of this Code. If the employee is reemployed with the city before 24 months have elapsed since their layoff, the employee will begin to accrue vacation leave at the same rate as when that employee was laid off. If the employee is rehired after being laid off for 24 months, that employee will accrue vacation benefits at the same rate as a new employee.

(c) Under the provisions of the city's health plan, any civil service exempt management and classified employee that is laid off and later reemployed by the city must apply for and qualify for coverage as a new employee unless reemployed within 18 months of layoff, provided the employee retains and pays for said coverage during the 18-month period of layoff.

(d) If the employee is rehired in the same classification and department that the employee held before the layoff took place, there is no requirement for a probationary period if the employee has passed the original probationary period for that classification.

(e) Employees called back to their former positions will receive their former regular base salary or hourly rate of pay and all increases in pay which were applied during the period of layoff.

(Ord. No. 37-95, § 8, 3-6-95; Ord. No. 87-97, § 14, 12-2-97; Ord. No. 131-98, § 1, 12-7-98; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-55. Reemployment of separated employee.

A civil service employee who has resigned or otherwise separated from a position with the city in good standing, may upon recommendation of the director and approval of the mayor, be reemployed without examination in a former position or similar position with an equal or lessor pay grade for which the employee is qualified within one year from the date of separation from service. No probationary period shall be required for a civil service employee so reemployed.

Secs. 30-56--30-57. Reserved.

DIVISION 2. CIVIL SERVICE BOARD*

Sec. 30-58. Created; composition.

(1957 Rev. Ords., § 3.101; Ord. No. 37-73, § 1, 4-30-73; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 99-96, § 1, 9-3-96)

Sec. 30-59. Qualifications.

(1957 Rev. Ords., § 3.101; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 26-99, § 10, 3-1-99)

Sec. 30-60. Appointment.

(1957 Rev. Ords., § 3.101; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 12, 3-6-95)

Sec. 30-61. Terms.

The members of the civil service board shall be appointed for staggered terms of five years.

Sec. 30-62. Compensation.

The civil service board shall establish the compensation of board members for attendance at meetings. Compensation shall not exceed $5.00 per meeting or $25.00 per hearing.

(1957 Rev. Ords., § 3.111; Ord. No. 2016, 12-28-59; Code 1972, § 30-63; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-63. Temporary member.

If a member of the civil service board is unable to act as such member, by reason of illness, or disqualification to act at a hearing on appeal, and in the opinion of the board the business at hand requires immediate attention, the mayor may appoint a person, meeting the qualifications set forth in this division, to act instead of such ill or disqualified member until the particular business requiring immediate action has been transacted. The compensation for the services of such acting member of the board shall be the same as provided for the regular members of the board.

(1957 Rev. Ords., § 3.101; Code 1972, § 30-64; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-64. Chairman.

The civil service board, at its first meeting each year, shall appoint from its members a chairman.

(1957 Rev. Ords., § 3.101; Code 1972, § 30-65; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-65. Quorum.

Three members of the civil service board shall constitute a quorum for the transaction of business.

(1957 Rev. Ords., § 3.101; Code 1972, § 30-66; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 99-96, § 2, 9-3-96)

Sec. 30-66. Affirmative vote for action.

No rule shall be adopted, nor shall any decision on an appeal be made except by the affirmative vote of a majority of the civil service board.

(1957 Rev. Ords., § 3.101; Code 1972, § 30-67; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-67. Rules to be adopted.

(a) The civil service board shall adopt, amend, and enforce a code of rules and regulations providing for appointment and employment in all positions in the position classification plan based on merit, efficiency, character, and industry, and shall make investigations concerning the enforcement and effect of the rules so adopted.

(b) All rules so made shall be subject to the approval of the mayor, and they may with like approval be from time to time altered or rescinded by the civil service board.

(1957 Rev. Ords., § 3.105; Code 1972, § 30-68; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 13, 3-6-95)

Sec. 30-68. Scope of rules.

The civil service rules adopted by the civil service board shall provide among other things for the following:

(1) Open, competitive examinations and other examinations by which to test applicants for office or for employment as to their practical fitness to discharge the duties of the positions which they desire to fill, which examinations shall be public and free to all persons.

(2) The filling of vacancies in offices and places of employment in accordance with the results of such examinations and the selection of persons for public employment in accordance with such results, or otherwise, as may seem most desirable to carry out in the provisions of this chapter.

(3) The promotions in offices or positions on the basis of ascertained merit, efficiency, character, conduct, and seniority in service, or by examination, or by both, as may be deemed desirable.

(1957 Rev. Ords., § 3.109; Ord. No. 82-73, § 5, 10-1-73; Ord. No. 13-77, § 1, 2-22-77; Code 1972, § 30-69; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-69. Annual report.

The civil service board shall on or before the first day in May in each year report to the mayor all actions relating to the appointment and employment in all positions in the city's position classification system.

(1957 Rev. Ords., § 3.109; Code 1972, § 30-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 14, 3-6-95)

Sec. 30-70. Court review of action.

The action of the civil service board or any officer taken pursuant to this article shall be subject to judicial review in the manner provided by statute and rules of court.

(1957 Rev. Ords., § 3.142; Code 1972, § 30-71; Ord. No. 87-91, § 1, 11-25-91)

Secs. 30-71--30-81. Reserved.

ARTICLE III. APPOINTIVE OFFICERS

Sec. 30-82. Reserved.

Editor's note--Ord. No. 131-98, § 2, adopted Dec. 7, 1998, repealed § 30-82, which pertained to appointive officers designated. See the Code Comparative Table.

Sec. 30-83. Job descriptions.

The duties and functions of each appointive officer shall be contained in a job description. The job description shall be deemed to be a part of this article as if fully set forth in this section and shall be filed with Ordinance No. 27-76 in the office of the city clerk of records.

Sec. 30-84. Method and term of appointment.

All appointive officers of the city shall be appointed as provided by City Charter, Section 4.02(a). The term of each employee or officer classified as appointive shall expire when the term of the mayor making such appointment expires or a majority of the members of the city council terminates the appointment of the employees appointed by and subject to the direction and supervision of the city council. However, all appointive officers requiring advice and consent of the city council shall remain in an acting appointive office status for a period not to exceed 60 days following the expiration of the mayor's term. All appointive officers not requiring advice and consent of the city council shall enter upon the discharge of their duties as soon as they shall have duly qualified and following expiration of their appointment as provided herein, shall remain in an acting appointive office status until either their reappointment, removal, or the appointment and qualification of a successor.

(Ord. No. 27-76, § 3, 4-19-76; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 16, 3-6-95; Ord. No. 51-03, § 1, 6-9-03; Ord. No. 50-05, § 3, 5-9-05; Ord. No. 94-06, § 3, 8-7-06)

Sec. 30-85. Qualification.

(a) All appointive officers shall, before entering upon the discharge of their duties, take and subscribe on oath or affirmation of office in the form required by the constitution.

(b) Each such officer except the city finance officer shall furnish an undertaking to be approved by the mayor payable to the city in the sum of $10,000.00 conditioned for the faithful performance of the duties of their respective offices and to account, pay over, and deliver all money or property coming into their hands by virtue of their office according to law.

(c) The amount of the bond of the city finance officer shall be annually established by the mayor in an amount equal to the maximum amount estimated to be on hand at any one time but the amount of such bond required of the finance director shall not exceed the sum set out in SDCL 9-14-6.1, as amended.

(d) All undertakings after approval by the mayor shall be filed with the city clerk.

(Ord. No. 27-76, § 4, 4-19-76; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 17, 3-6-95; Ord. No. 87-97, § 16, 12-2-97)

Sec. 30-86. Commissions and certificates of appointment.

All appointive officers shall receive a certificate of appointment signed by the mayor and city clerk.

(Ord. No. 27-76, § 5, 4-19-76; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 139-95, § 2, 11-6-95)

Sec. 30-87. Notice of adoption.

The job descriptions made a part of this article are on file in the office of the city clerk and the human resources department and are there available for examination and inspection.

(Ord. No. 27-76, § 6, 4-19-76; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 17, 12-2-97; Ord. No. 28-00, § 4, 4-10-00)

Secs. 30-88--30-95. Reserved.

ARTICLE IV. CLASSIFICATION AND PAY PLAN*

*State law references: Salaries and compensation of municipal officers, SDCL 9-14-28.

Sec. 30-96. Application of plan; employees covered.

This article applies only to those employees in the civil service of the city as provided in article II of this chapter, except as specifically provided in this section. A position classification plan, prepared by the director and approved by the civil service board and the mayor, as amended, shall constitute a description of the duties and responsibilities of civil service positions. The plan shall serve as a guide for the development and implementation of a systematic salary plan for such employees and development of examination, transfer, promotion, reassignment, and training procedures. Notwithstanding any provisions of this article as they existed prior to the adoption of the ordinance from which this section is derived, as amended, the operation and application of any previous classification and pay plans including the step placement and step advancement of all city employees, including appointive officers, prior to the effective date of the ordinance from which this section is derived, as amended, are ratified.

(1957 Rev. Ords., § 2.208; Ord. No. 2669, 3-3-70; Ord. No. 24-91, § 2, 3-25-91; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 7, 4-11-94; Ord. No. 37-95, § 18, 3-6-95)

Sec. 30-97. Operation of plan; step advancement.

(a) Except as otherwise provided in this section, an employee's eligibility for step advancements within the city's position classification and pay plan is pursuant to the completion of the waiting period within each step as shown in the following table.

(b) New employees under the city's classification and pay plan will start at step 1 except as specifically provided in section 30-100 of this chapter. Upon completing the waiting period in each step as shown in subsection (a) of this section, the employee will advance to the next step unless cause for denial is shown by the employer. If cause is shown by the employer and an employee is denied step advancement at the time of eligibility, the employer may grant the employee that step advancement at any time thereafter.

(c) The employee's anniversary date for purposes of step advancement eligibility will be the month and day of the actual hire date unless cause for denial is shown by the employer. When a step is denied, the anniversary date for future step advancement eligibility will be the effective date of the next step increase that is granted.

(d) Should an employee be absent from the job on unpaid leave for more than 30 days during the waiting period for step advancement eligibility, the waiting period for that step will be extended for a period of time equal to the absence, and the employee's anniversary date for future step advancement eligibility will be adjusted to the effective date of the next step increase that is granted.

(e) If step advancement is granted, it shall be granted on the first day of the biweekly pay period which is nearest to the anniversary date of the employee.

(f) All increases or decreases into a new step shall be recorded on an employee status change form and a new service rating shall accompany this form. The department head and director or designee shall approve all budgeted salary changes.

(g) A midmanagement employee may be eligible for an annual accelerated step advancement under the city's position classification and pay plan. Accelerated step placement will be based upon documented excellence in employee performance. Any acceleration of step advancement for excellence in performance must be recommended by the director and approved by the director of human resources and the mayor.

(1957 Rev. Ords., § 2.210; Ord. No. 2669, 3-3-70; Ord. No. 84-75, § 2, 12-15-75; Ord. No. 100-76, § 1, 11-29-76; Ord. No. 130-81, §§ 1, 2, 12-28-81; Ord. No. 41-83, § 1, 6-27-83; Ord. No. 97-83, § 1, 11-21-83; Ord. No. 24-91, § 3, 3-25-91; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 19, 3-6-95; Ord. No. 4-01, § 3, 1-8-01; Ord. No. 73-01, § 1, 8-6-01)

Sec. 30-98. Promotion/transfer; salary changes.

(a) The word "promotion" as used in this section applies to an actual permanent vacancy resulting in the movement of an employee from his present job classification to another job classification having a higher maximum biweekly or hourly rate of pay. The word "transfer" as used in this section applies to an actual permanent vacancy resulting in the movement of an employee from his present job classification or position to another job classification or position having an equivalent or lower maximum biweekly or hourly rate of pay.

(b) An employee promoted to fill a vacant position shall be placed into the salary step of the pay grade which is at least, and is closest to, five percent higher than the salary received prior to the promotion. Based upon qualifications and the needs of the city, and upon the recommendation of the director of human resources, the mayor may approve placements above five percent. However, if salary Step 9 of the new position is less than five percent higher than the salary amount received prior to promotion, the employee will be placed at Step 9 and receive the lower percentage increase in pay. A promoted employee is not eligible for a step increase upon completion of probation. Upon recommendation of the director of human resources, the mayor may adjust salary steps.

(c) When an employee transfers from a position in one department to a position in another department without a change in job classification, the employee's salary step and rate of pay shall remain the same.

(d) When an employee transfers to a job classification with the same or lower maximum biweekly or hourly rate of pay, the employee must have completed a minimum of one year of experience in the same field at the same level of difficulty for each step granted above step 1 in the new pay scale. The salary step placement will be made at the discretion of the department head, subject to approval by the director of human resources/risk management.

(e) After successful completion of a six-month probationary period, a transferred employee may be eligible to advance to the next step in the salary grade. An employee shall only be eligible for such a probationary step advancement if the employee's biweekly or hourly rate of pay was reduced at the time of transfer. The anniversary date for future step advancement eligibility shall be the effective date of the probationary step advancement if one is granted.

(f) The anniversary date for future step advancement eligibility will not be adjusted at the time of promotion or transfer unless there is a change in the biweekly or hourly rate of pay. If the biweekly or hourly rate of pay is changed, the anniversary date for future step advancement eligibility shall become the effective date of promotion or transfer.

(Ord. No. 24-91, § 4(30-98), 3-25-91; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 20, 3-6-95; Ord. No. 87-97, § 18, 12-2-97; Ord. No. 129-99, § 1, 12-13-99; Ord. No. 30-02, § 1, 4-8-02)

Sec. 30-99. Reassignment--Salary changes.

Those employees not represented by a collective bargaining unit are subject to the following provisions.

(1) Reassignment for employees applies to a personnel action where no actual vacancy exists but an employee's job classification and/or pay grade is changed. This personnel action will result from a management-initiated job audit or reorganization.

(2) When the pay grade for a classification is upgraded or if an employee is reassigned to a classification having a higher maximum or hourly rate of pay, the employee's salary shall:

a. Go to the step with the salary amount in the new pay grade which is next over the salary amount received in the prior pay grade if the employee has not been performing the duties commensurate with their higher pay grade prior to their reassignment; or

b. Go to the same step in the new pay grade as it was in the prior pay grade if the employee is, through a management-initiated audit, determined to have been performing duties commensurate with the higher pay grade prior to the reassignment.

(3) When an employee is reassigned to a job classification due to a management-initiated job audit or reorganization having the same maximum biweekly or hourly rate of pay, the employee's salary step and rate of pay shall remain the same.

(4) When the pay grade for a classification is downgraded or when an employee is reassigned to a job classification due to a management-initiated job audit or reorganization having a lower maximum biweekly or hourly rate of pay, the employee shall be placed into the salary step of the new pay grade which is next lower than and closest to the salary amount received prior to the reassignment. When the employee's salary level, prior to reassignment, is greater than step 9 of the newly assigned pay grade, the employee's biweekly or hourly rate of pay shall be frozen as of the date of the reassignment. The employee's salary rate shall remain frozen until such time as step 9 of the pay grade assigned to the employee's classification is equal to or greater than the employee's frozen salary rate of pay. When that occurs, the employee shall be placed into step 9 of the new pay grade assigned to the employee's classification.

(5) If reassignment occurs, the anniversary date for future step advancement eligibility will not be adjusted, unless the employee is reassigned to a higher pay grade and has not been performing the duties commensurate with the higher pay grade prior to the reassignment as defined in subsection (b)(1) of this section, in which case the employee's anniversary date for future step advancement eligibility will be the effective date of the reassignment.

(1957 Rev. Ord., § 2.211; Ord. No. 2669, 3-3-70; Ord. No. 80-77, § 1, 11-28-77; Ord. No. 58-83, § 1, 8-29-83; Ord. No. 24-91, § 5, 3-25-91; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 97-92, § 1, 11-9-92; Ord. No. 44-93, § 1, 5-24-93; Ord. No. 32-94, § 8, 4-11-94)

Sec. 30-100. Starting above minimum step.

New employees under the city's classification and pay plan may be placed in a step above step 1. Any placement above step 1 must be approved by the director of human resources. Any placement above step 5 must also be approved by the mayor. Upon recommendation of the director of human resources and approval of the mayor, salary step adjustments may be made for incumbents affected by entrance salary placements.

(1957 Rev. Ords., § 2.212; Ord. No. 2669, 3-3-70; Ord. No. 99-84, § 7, 6-25-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 21, 3-6-95; Ord. No. 87-97, § 19, 12-2-97; Ord. No. 9-99, § 1, 1-4-99; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-101. Acting pay.

(a) A nonexempt employee not represented by a collective bargaining unit who is assigned duties by the city to a position with a higher maximum rate of pay than that of the nonexempt employee's regular assigned salary scale shall receive an acting pay differential of $1.00 per hour in addition to their regular base hourly rate of pay, for all hours actually worked in an acting capacity. The acting pay differential will not be applied to the use of paid time off benefits, or any other type of leave during the acting period. This temporary assignment period and associated salary increase shall not exceed six months when the position is vacant.

(b) Any increase under this section shall be approved by the department head and director of human resources.

(1957 Rev. Ords., § 2.214; Ord. No. 2669, 3-3-70; Ord. No. 16-84, 1-30-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 9, 4-11-94; Ord. No. 37-95, § 22, 3-6-95; Ord. No. 87-97, § 20, 12-2-97; Ord. No. 131-98, § 3, 12-7-98; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 67-00, § 1, 8-14-00; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-102. Pay upon re-employment of a separated employee.

An employee who voluntarily resigns from city employment and is reemployed under the provisions of section 30-55 of this chapter shall be placed into the same pay grade and step for the position held as of the date of resignation. If the reemployed employee is placed into a similar position with an equal or lesser pay grade for which he is qualified, he shall be placed into the pay grade and step for the position which is closest to but not more than the rate of pay received as of the date of his resignation. The employee's employment anniversary date for purposes of vacation accrual, sick leave, and other benefit eligibility shall be the date of his reemployment. The employee shall be credited with seniority accumulated in his position prior to the separation for purposes of eligibility for future promotional opportunities.

(1957 Rev. Ords., § 2.215; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-103. Exempt/nonexempt classification.

(a) Any employee employed in a bona fide executive, administrative, or professional capacity is exempt from the wage and hour provisions of the Fair Labor Standards Act. An employee employed in a bona fide executive, administrative, or professional capacity shall be paid on a salary basis within the meaning of the FLSA regulations. Such employees employed in a bona fide executive, administrative, or professional capacity shall be defined as "exempt" employees.

(b) Employees who are within the general coverage of the FLSA and are not specifically exempt from the overtime pay requirements shall be defined as "nonexempt" employees. The regular hourly rate of pay of a nonexempt employee is determined by dividing his total renumeration for employment (except statutory exclusions) in any work week by the total number of hours actually worked by him in that work week for which such compensation was paid.

(1957 Rev. Ords., § 2.213; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 10, 4-11-94)

Sec. 30-104. Hours of work.

(a) Each department shall establish the scheduled hours of work for exempt employees within that department. The workweek shall begin at 12:01 a.m. Monday and end at 12:00 midnight Sunday.

(b) The regular workweek of 40 hours in each seven-day period shall remain in effect for purposes of overtime computation for all nonexempt employees.

(c) The exempt employee shall regularly receive each pay period a predetermined amount constituting all of his compensation without regard to the number of days or hours worked, subject to the exceptions listed below:

(1) Deductions from accrual banks may be made when the exempt employee absents himself from work for full days of absence for personal reasons, holidays, sickness, or disability.

(2) Deductions of less than one week from the exempt employee's salary may be made for disciplinary actions.

(3) The exempt employee shall not be paid for any workweek in which he performs no work or is not on paid time-off benefit leave.

(4) Exempt employees working under regular part-time agreements shall be paid one-half or prorated equivalent of the established pay grade for the identified classification.

(5) No deductions in hours for exempt employees will be made for absences occasioned by the city or by the operating requirements of the city, absences caused by jury duty, attendance as a witness, and for military leave less than a full week in duration.

(6) Flex-time scheduling may be implemented where feasible upon approval of the department head.

(d) No improper pay deductions shall be made from an exempt employee's salary. Any exempt employee may file a complaint with the human resources department within 30 days of learning of an alleged improper deduction. The human resources department will investigate the complaint to determine if any pay deductions were improper. Exempt employees will be reimbursed for any improper deductions. The human resources department shall communicate the provisions of this section to employees by appropriate means.

(1957 Rev. Ords., § 2.216; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 11, 4-11-94; Ord. No. 87-97, § 21, 12-2-97; Ord. No. 131-98, § 4, 12-7-98; Ord. No. 04-04, § 3, 1-12-04; Ord. No. 4-05, § 5, 1-10-05)

Sec. 30-105. Exempt and nonexempt employees--Overtime and compensatory time.

(a) Overtime compensation for nonexempt employees who are eligible for representation by a collective bargaining unit shall be accumulated and paid as overtime or compensatory time according to the language of the respective collective bargaining agreements.

(b) Overtime compensation for nonexempt employees not represented by a collective bargaining unit who work a 40-hour workweek shall be paid at the rate of time and one-half for hours actually worked in excess of their regularly scheduled workweek. To earn overtime either as pay or compensatory time, an employee must be on duty for the overtime hours. Employees may not use paid leave benefits to accumulate hours worked in excess of 40 hours in a work week, or in excess of the regularly scheduled number of hours in a work day.

(c) For purposes of computing overtime pay for nonexempt employees not represented by a collective bargaining unit, hours actually worked shall include holiday, vacation, personal leave, and sick leave.

(d) Nonexempt employees not represented by a collective bargaining unit shall have the option of accruing compensatory time off or receiving monetary compensation for all authorized overtime hours worked in excess of 40 hours per seven-day workweek. Compensatory time shall be awarded at one and one-half times the overtime hours actually worked.

(e) Nonexempt employees not represented by a collective bargaining unit are not required to accrue and maintain a minimum level of compensatory time off before being eligible for overtime pay. Accrued compensatory time may be carried forward from year to year. Nonexempt employees may accrue no more than 160 hours of compensatory time. The 160 hours represents not more than 106.50 hours of actual overtime worked. In case of discharge, resignation in good standing, or retirement or death, the date of employment may not extend beyond the actual working day by designating compensatory paid hours. Compensatory hours unused and remaining in the nonexempt employee's bank at the time of separation from employment shall be compensated for in cash to the nonexempt employee or to the surviving spouse or, if no spouse survives, to the nonexempt employee's estate up to a maximum of 160 hours.

(f) Appointive officials and exempt employees not eligible for additional monetary compensation or compensatory time who carry a balance of accrued compensatory time as of May 9, 1994, may carry that balance forward from year to year or may use the compensatory time off in increments of not less than eight hours. Compensatory hours not exceeding 160 hours which are unused and remaining in the mayor, appointed official and exempt employee's bank at the time of separation from employment with the city shall be compensated for in cash to the exempt employee or to the surviving spouse or, if no spouse survives, the exempt employee's estate. In case of discharge, resignation in good standing, or retirement or death, the date of employment may not extend beyond the last actual working day by designating compensatory paid hours.

(g) The mayor and appointive officials and all exempt employees must report absences of full days that require the use of a paid time off benefit for record keeping and payroll purposes.

(h) All nonexempt employees must complete a weekly time sheet for reporting, recordkeeping, and payroll purposes.

(1957 Rev. Ords., § 2.217; Ord. No. 2669, 3-3-70; Ord. No. 108-73, § 2, 12-3-73; Ord. No. 64-74, § 1, 12-2-74; Ord. No. 12-82, § 1, 2-1-82; Ord. No. 15-84, 1-30-84; Ord. No. 32-84, § 1, 2-21-84; Ord. No. 95-84, § 1, 6-4-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 12, 4-11-94; Ord. No. 37-95, § 23, 3-6-95; Ord. No. 131-98, § 5, 12-7-98)

Sec. 30-106. Right to set hours and pay.

The mayor shall at all times have the final right to set hours and wages in accordance with FLSA requirements and amend such rules and regulations as deemed necessary in the best interest of the public and for the efficient operation of any city department.

(1957 Rev. Ords., § 2.226; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 24, 3-6-95)

Sec. 30-107. Temporary employees.

In those departments where the nature of the work requires the use of temporary employees, the employee shall be scheduled a workweek and a workday at the discretion of management. Employment as a temporary employee is at-will, and can be terminated at any time with or without notice, for any reason. Hours in excess of 40 hours in a workweek shall be paid in accordance with the Fair Labor Standards Act. In no case shall a temporary employee work more than 1,440 total in any one calendar year. At the time the employee has reached 1,440 hours in any one calendar year, such employee shall be laid off and shall not be eligible for further temporary employment with the city until the calendar year following the year they last worked as a temporary employee.

(1957 Rev. Ords., § 2.218; Ord. No. 2669, 3-3-70; Ord. No. 8-89, § 3, 1-23-89; Ord. No. 59-89, § 2, 6-19-89; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 66-95, § 7, 5-1-95)

Sec. 30-108. Standby pay and emergency call-in pay.

(a) When an exempt midmanagement employee not represented by a collective bargaining agreement is designated to be on call or standby, the employee shall be eligible for standby pay.

(b) If an employee is represented by a collective bargaining unit which has entered into an agreement with the city concerning standby pay and emergency call in pay, the terms of that agreement will govern the method and amount of compensation.

(1957 Rev. Ords., § 2.219; Ord. No. 2747, 4-12-71; Ord. No. 108-73, § 3, 12-3-73; Ord. No. 80-77, § 2, 11-28-77; Ord. No. 128-81, § 1, 12-28-81; Ord. No. 110-83, 12-19-83; Ord. No. 14-84, 1-30-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 13, 4-11-94; Ord. No. 37-95, § 25, 3-6-95; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-109. Regular part-time employees.

(a) Employees hired for regular part-time work shall be paid the hourly equivalent of the assigned scale. A regular part-time employee must serve hours equal to a regular full-time position in order to advance through the pay steps.

(b) Persons hired as regular part-time employees must meet the minimum qualifications for the position as established in the classification plan; and qualify for employment through examination.

(1958 Rev. Ords., § 2.220; Ord. No. 2669, 3-3-70; Ord. No. 41-83, § 2, 6-27-83; Ord. No. 8-89, § 4, 1-23-89; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-110. Pay of temporary employees.

Employees employed as temporary employees shall be paid at the hourly rate of pay established by the appointing authority. A temporary employee shall be paid an hourly rate and shall not be paid for holidays, sick leave, personal leave, or vacation and shall not be allowed to accumulate and use compensatory leave time. A temporary employee is not eligible to receive or accrue benefits.

(1957 Rev. Ords., § 2.221; Ord. No. 2669, 3-3-70; Ord. No. 8-89, § 5, 1-23-89; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-111. Certification of payrolls.

(a) The director of human resources shall compare the payroll with the official roster or other record to determine the accuracy of employee job information.

(b) It shall be unlawful for any auditing, disbursing, or other officer of the city to pay or cause to be paid, directly or indirectly, any salary, wage or other compensation to any person whose name appears on the payroll whose appointment and employment has not been in accordance with the rules established by the civil service board or appropriate state statutes.

(c) No payroll proposing the payment of wages or salary to any person in the city service whose name does not appear on the office roster or whose name has been ordered removed therefrom shall be certified or approved for payment for the period between the end of the last payroll period and date when the employee's name is removed or ordered removed from the official roster.

(1957 Rev. Ords., § 2.228; Ord. No. 2669, 3-3-70; Code 1972, § 30-112; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 22, 12-2-97; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-112. Incentive plan.

(a) A lump sum payment may be made in addition to the midmanagement employee's normal salary for a fiscal calendar year in order to recognize the extraordinary demands of the business and/or completion of a key project that requires extraordinary effort.

(b) The incentive payment is determined at the sole discretion of the mayor and not pursuant to any prior contract agreement or promise causing the employee to expect such payment regularly.

(c) The midmanagement employee shall have no contract right expressed or implied to any amount. In no case shall the incentive payment exceed five percent of the midmanagement employee's annual salary as of January 1 of a calendar year.

(d) Any recommendation for incentive pay shall be prepared by the department head, reviewed by the director, and approved by the mayor. The recommendation shall contain statements and facts supporting the extraordinary demands and/or key project requiring extraordinary effort.

Sec. 30-113. Temporary term employee.

Temporary term employees are employed with the definite understanding that their employment is to terminate upon completion of a specific project and that they will remain in the same occupation and pay rate during their term of employment. Employment as a temporary term employee is at-will, and can be terminated at any time with or without notice, for any reason. Temporary term employees are not under civil service nor eligible to receive employee benefits. A temporary term employee may be classified exempt or nonexempt dependent upon the nature of the project and the knowledge, skills, and abilities required. The director shall oversee and approve all temporary term hiring procedures and selection. No employment term shall exceed 36 months nor shall an individual be employed as a temporary term employee for consecutive terms or for the same project more than once.

Sec. 30-114. Pay of temporary term employee.

Temporary term employees shall be paid at an hourly rate of pay if classified as a nonexempt employee and at a biweekly of pay is classified as an exempt employee. The rate of pay shall be established by the hiring authority and approved by the director. A temporary term employee shall not be paid holidays, sick leave, personal leave, or vacation and shall not be allowed to accumulate and use compensatory time. A temporary term employee is not eligible to receive or accrue benefits.

Sec. 30-115. Seasonal recreation employee.

Where the nature of the work involves employment in a recreational establishment and/or program that does not operate for more than seven months in an calendar year, the hire employee shall be designated a seasonal recreation employee. Employment as a seasonal recreation employee is at-will, and can be terminated at any time with or without notice, for any reason. The seasonal recreation employee is exempt from the overtime and minimum wage provisions of the FLSA. Seasonal recreation establishments include ice skating rinks, swimming pools, tennis courts, golf courses, summer camps, or similar activities. Seasonal recreation employees are not civil service or eligible to receive employee benefits.

Sec. 30-116. Pay of seasonal recreation employees.

Employees employed as seasonal recreation employees are exempt from the FLSA and shall be paid at a rate determined by the appointive official or his/her designee. Seasonal recreation employees shall not be paid holidays, sick leave, personal leave, or vacation and shall not be allowed to accumulate and use compensatory leave time. A seasonal recreation employee is not eligible to receive or accrue benefits.

Sec. 30-117. Occasional employee.

Employment as an occasional employee is at-will and may be terminated at any time with or without notice, for any reason. An occasional employee is primarily used for fill-in for absences of regular full-time/part-time employees and/or specific short-term seasonal projects.

Sec. 30-118. Pay of occasional employee.

Occasional employees shall be paid an hourly rate of pay established by the hiring authority and shall not be paid for holiday, sick leave, personal leave, or vacation. They shall not be allowed to accumulate and use compensatory leave time. An occasional employee may not receive or accrue benefits.

Secs. 30-119--30-122. Reserved.

ARTICLE V. LEAVE PROGRAM

DIVISION 1. GENERALLY

Sec. 30-123. Absence without leave.

Absence from duty without leave or failure to report after leave has expired or has been disapproved, revoked or cancelled shall be grounds for suspension, reduction or discharge as provided by the civil service rules.

Sec. 30-124. Holidays enumerated.

(a) Holidays shall mean days in which the mayor, appointive officers, and regular employees not represented by a collective bargaining unit, excluding uniformed nonmanagement fire department employees, of the city, whose services are not essential on holidays, are permitted to absent themselves from work with pay. The following are official holidays of the city:

When an official holiday falls on Sunday, the following Monday shall be designated as a substitute holiday and observed as an official holiday. When an official holiday falls on Saturday, the preceding Friday shall be designated as a substitute holiday and observed as an official holiday.

(b) Employees are eligible for holiday pay from their first day of employment. Unless otherwise provided, employees shall receive eight hours pay for the day on which a designated holiday is observed.

(c) Shift fire management employees and shift police lieutenant employees shall be granted annually an equal number of additional shifts off as there are legal holidays recognized by the city. Holiday leave for terminating employees and employees on an approved unpaid leave of absence shall be prorated according to the number of official holidays having occurred as of the employees' separation date.

(d) Classified employees shall be paid at guaranteed overtime rate of two times the employee's regular base hourly rate for all hours worked on Thanksgiving and Christmas.

(e) Upon discharge, resignation in good standing, retirement, or death, holiday leave not used shall not be compensated for in cash nor shall the date of separation be extended through the use of unused holiday leave.

(1957 Rev. Ords., § 2.222; Ord. No. 2669, 3-3-70; Ord. No. 108-73, § 5, 12-3-73; Ord. No. 64-74, § 2, 12-2-74; Ord. No. 100-76, § 3, 11-29-76; Ord. No. 117-78, § 1, 11-27-78; Ord. No. 126-81, §§ 1, 2, 12-28-81; Ord. No. 42-82, §§ 1, 2, 4-19-82; Ord. No. 4-83, § 1, 1-31-83; Ord. No. 96-83, 11-21-83; Ord. No. 13-84, 1-30-84; Ord. No. 24-85, § 1, 4-1-85; Ord. No. 124-90, § 1, 12-24-90; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 27, 3-6-95; Ord. No. 87-97, § 23, 12-2-97; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-125. Employees eligible for holiday leave.

(a) The mayor and every officer and civil service employee is eligible for holiday leave. An employee shall not be paid holiday pay for holidays which occur during an approved, unpaid leave of absence. If a holiday immediately precedes or follows the approved unpaid leave of absence, the employee must work or be on authorized paid leave the regularly scheduled work day preceding or following the holiday to be paid for that holiday.

(b) Regular part-time employees shall earn holiday pay prorated according to paid regular hours in the preceding year in comparison to holidays granted to regular full-time employees. In the first year of part-time status, an employee's holiday pay will be prorated based on their regular work schedule.

(1957 Rev. Ords., § 2.223; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 28, 3-6-95)

Sec. 30-126. Jury duty and witness fees.

(a) Any nonexempt employee who performs jury duty shall, upon the termination of jury duty, report all jury duty earnings. That amount shall be deducted from the employee's next paycheck.

(b) Any witness fees, allowances, or other remuneration received by an exempt or nonexempt employee for acting as a witness on behalf of and in the course of city duties, must be remitted to the city. Failure to submit such funds to the city will result in the deduction of the amount from the employee's regular compensation.

(1957 Rev. Ords., § 2.224; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 14, 4-11-94; Ord. No. 87-97, § 24, 12-2-97; Ord. No. 131-98, § 6, 12-7-98)

Sec. 30-127. Military service leave.

(a) Request for military leave of absence. An employee who wishes to be granted military leave of absence must submit the request and a copy of his official orders or other records from the military service to the immediate supervisor or department head prior to the dates of attendance. If the reservist or national guard member submits a copy of his official annual training schedule prior to the beginning of the year's military activities, the employee need only submit a separate request and orders for those training duties not included on the annual schedule or when the annual schedule is modified.

(b) Active duty. An employee who enlists or is called into active duty for the military service of the United States or who in time of national emergency voluntarily enlists for active duty shall be granted military leave for the time necessary to permit completion of the military service. In order to have reemployment rights, a person leaving active duty in the military service of the United States must apply to the city for reemployment within the applicable timeframes established under federal law. This applies to inductees and enlistees as well as to reservists and national guard members performing full active duty as opposed to initial active duty for training or active or inactive duty training or other active duty where different reemployment rights are defined by federal statute.

Employees activated to service by the President of the United States because of war or reasons attributed to the war on terrorism may be eligible to receive pay augmentation in such cases where their base military rate of pay is less than the base rate of pay received from the city at the time they went on active duty. When an employee's base military pay is less than the employee's base city pay at the time of activation, the employee may be eligible for payment for the difference under the following provisions and/or guidelines:

(1) Pay augmentation will be based upon the employee's base hourly/biweekly rate and monthly military base rate as of the date of activation;

(3) Activated employees who use paid time-off benefits in any given month are not eligible for the pay augmentation for that month as described in this subsection;

(4) Hours actually worked in any full month while activated shall be deducted from any pay augmentation;

(5) Any cost of living adjustments shall be included when determining eligibility for any monthly pay augmentation;

(6) Those employees eligible to receive pay augmentation must submit the actual monthly military pay stub to the city. Once the calculations have been computed, the city will provide such payment in the next available scheduled pay period;

(7) Employees who are eligible and receive pay augmentation, as set forth in this subsection, will have the employee pension contribution temporarily suspended only for purposes of pay augmentation as described in this subsection;

(8) Employees activated to service pursuant to this section shall be entitled to accrue sick and vacation leave benefits, subject to the limitations in this agreement, as if they had remained in continuous service to the city.

(c) Reserve or National Guard; initial active duty for training, annual encampment, weekend drill, and other training duty. Appointive officers, midmanagement, or classified employees who enlist as a reservist or a member of the National Guard shall be granted time off for two-week annual encampment, weekend drill duty and training, initial active duty for training, and other active and inactive training duty. Such a period of military leave shall be taken without pay. The reservist or National Guard member must report back to his civilian job at the beginning of his first regularly scheduled shift on the first day after the completion of initial active duty for training or other training duty plus the necessary travel time to return from the training site to the place of employment. He is also entitled to a reasonable rest time and a reasonable time thereafter if return is delayed by factors beyond his control. If an employee fails to report to his job within the specified time period, he may be subject to the penalties which would be imposed on any employee who is tardy or absent without permission. If an employee separates employment with the city in order to enlist in the Reserves or National Guard, he must reapply to the city within 31 days after his separation from initial active duty for training in the Reserves or National Guard in order to retain employment rights.

(d) Holidays. An employee shall not be paid holiday pay for holidays which occur during an approved unpaid leave of absence for military service. If a holiday immediately precedes or follows the approved unpaid leave of absence for military service, the employee must work the regularly scheduled workday preceding or following the holiday to be paid for that holiday.

(e) Applicability of federal law. Any employee who participates in any branch of the military service of the United States is covered by and subject to federal statute, 38 USC 43, and all other applicable statutes.

(1957 Rev. Ords., § 2.225; Ord. No. 2669, 3-3-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 15, 4-11-94; Ord. No. 87-97, § 25, 12-2-97; Ord. No. 131-98, § 7, 12-7-98; Ord. No. 4-01, § 3, 1-8-01; Ord. No. 04-04, § 4, 1-12-04)

Sec. 30-128. Seniority rights for military service leave.

During an unpaid military leave of absence, the seniority rights of an employee shall continue and accumulate in the same manner and to the same extent as if the leave of absence had not been granted and the employee had been continuously in the employ of the city. An employee on military leave of absence shall be entitled to all rights and benefits as are defined by applicable federal statutes. The employee shall not be entitled to payment of salary or wages by the city during the military leave of absence except as provided in section 30-127 of this Code.

(1957 Rev. Ords., § 3.202; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 04-04, § 5, 1-12-04)

Sec. 30-129. Probationer entitled to leave for military service or for U.S. government work.

An employee or officer who is serving on probation may likewise be granted a leave of absence under the provisions of sections 30-128 and 30-131 of this article.

Sec. 30-130. Leave of absence.

(a) Department heads may approve a maximum of 14 consecutive calendar days for an unpaid leave of absence. Requests for unpaid leaves of absence for a duration longer than 14 consecutive calendar days shall require the approval of the mayor or his designee. No leave of absence, whether granted, extended, or continued shall exceed one year except as otherwise provided in this article. Requests for unpaid leave will only be considered if the employee has used all available pay time including but not limited to vacation, personal leave, and compensatory leave. Time off without pay, without requiring the employee to first use all available paid leave time, will be permitted only where specifically noted in this article.

(b) Leave of absence without pay from duties shall in no case be granted to an employee who has been in the service of the city for less than 12 months, including time on probation, immediately preceding his time of leave, except in the case of absence on the grounds of sickness, disability, military leave, or family/medical leave as set forth in this chapter, or urgent necessity.

(1957 Rev. Ords., § 3.201; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 16, 4-11-94; Ord. No. 37-95, § 29, 3-6-95; Ord. No. 131-98, § 8, 12-7-98; Ord. No. 28-00, § 4, 4-10-00)

Sec. 30-131. Leave in national emergency.

In time of national emergency an employee or officer of the city may be granted leave of absence in the discretion of the department head to permit him to engage in work for the United States which may reasonably and fairly be defined as aiding in the national defense of the United States. Such leave of absence, if granted by the department head, shall be for such period of time as may be necessary to permit the employee or officer to complete such service for the United States government, together with any additional time, not exceeding 90 days, as may be reasonably necessary to enable such employee or officer to resume his duties with the city; but such leave of absence may only be granted upon written request of the government of the United States or any of its authorized agencies.

(1957 Rev. Ords., § 3.203; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 30, 3-6-95)

Sec. 30-132. Personal leave days.

The mayor, appointive officers and employees, midmanagement, and classified employees not represented by a collective bargaining unit shall receive personal leave days as follows:

(1) An employee (excluding fire shift) who is on the payroll as of January 1st, or hired between January 1st and June 30th, shall be granted 16 hours of personal leave for that year.

(2) An employee (excluding fire shift) who is hired or takes office between July 1st and November 30th shall receive eight hours of personal leave for the year in which he was hired.

(3) The mayor and any appointed, general midmanagement and classified employee hired after December 21, 1981, and before January 1, 2001, may receive an additional eight hours of personal leave for the year. An employee who is to receive the additional eight hours of personal leave may select pay for the day. Payment shall be made on the first payday of December based on the employee's base hourly or biweekly rate compensated for in that pay period. To receive the personal leave pay, the employee must indicate a preference to receive the pay upon notification from human resources. If the employee does not indicate personal leave pay, the day will be a personal leave day off.

(4) The police chief, fire chief, and any police midmanagement and 40-hour fire midmanagement employee hired after December 31, 1983, and before January 1, 2001, may receive an additional eight hours of personal leave for the year. An employee who is to receive the additional eight hours of personal leave may select pay for the day. Payment shall be made on the first payday of December based on the employee's base hourly or biweekly rate compensated for in that pay period. To receive the personal leave pay, the employee must indicate a preference to receive the pay upon notification from human resources. If the employee does not indicate personal leave pay, the day will be a personal leave day off.

(5) Fire shift midmanagement employees shall receive one personal leave shift day per calendar year. Fire shift midmanagement employees hired after December 31, 1983, and before January 1, 2001, are eligible for an additional 12 hours of bonus pay for the year.

An employee who is eligible to receive the additional 12 hours of pay shall be paid on the first payday of December based on the employee's biweekly rate of pay compensated for in that pay period.

(6) An employee who is hired or takes office on or after December 1st shall not be eligible for personal leave in the year in which he was hired.

(7) A regular part-time employee shall receive prorated personal leave based on the ratio of hours scheduled weekly to 40 hours. In the first year of part-time status, an employee's personal leave will be prorated based on the number of paid hours in their regular work schedule.

(8) Upon discharge, resignation in good standing, retirement, or death, personal leave not used shall not be compensated for in cash nor shall the date of separation be extended through the use of unused personal leave.

(Ord. No. 87-91, § 1(30-132), 11-25-91; Ord. No. 32-94, § 17, 4-11-94; Ord. No. 37-95, § 31, 3-6-95; Ord. No. 87-97, § 26, 12-2-97; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-133. Family leave.

(a) In accordance with the requirements of the Family Medical Leave Act of 1993 (FMLA), the mayor and appointive officers and employees, midmanagement, and classified employees not covered by a collective bargaining unit who have been employed by the city for at least 12 months and worked at least 1,250 hours during the 12 months immediately preceding the proposed beginning date of FMLA leave may receive up to 12 weeks of FMLA leave with or without pay within a 12-month period calculated back from the beginning date of the FMLA leave, only for the purpose of caring for their newborn, newly adopted, or newly placed foster child, to care for a seriously ill child, spouse, or parent, or for a serious personal medical condition rendering the employee temporarily unable to work. If an employee has available paid leave benefits at the time FMLA leave is required, the FMLA leave will run concurrently with the use of those paid leave benefits until they are exhausted or until the available 12-week FMLA leave period ends, whichever comes first. If an employee's available paid leave benefits are exhausted prior to the end of the 12-week FMLA period, the remainder of the period shall be granted as unpaid leave.

(b) Health and dental insurance benefits will be maintained for the employee/dependents during the FMLA leave period provided that the employee continues to pay the employee portion of the premium for that insurance at least one month in advance of the coverage. If the employee chooses not to return to work from an unpaid FMLA leave for reasons other than a continued serious health condition or other circumstances beyond the employee's control, the employee will be required to reimburse to the city the amount paid by the city for the employee's health insurance premium during the leave.

(c) Employees returning from FMLA leave shall be returned to their previous or a similar position with the same rate of pay as they received prior to the commencement of the FMLA.

(d) Except as otherwise provided in this section, all FMLA leave will be administered according to the requirements of the Family and Medical Leave Act of 1993.

(Ord. No. 87-91, § 1(30-133), 11-25-91; Ord. No. 32-94, § 18, 4-11-94; Ord. No. 37-95, § 32, 3-6-95; Ord. No. 87-97, § 27, 12-2-97; Ord. No. 131-98, § 9, 12-7-98; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-133.1. Legislative leave.

The city shall grant a leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the South Dakota Legislature in order that the employee may perform any official duty as a member of the South Dakota Legislature. This leave of absence may be taken without pay or the employee may use available paid time off benefits. Seniority and benefit accruals while on unpaid legislative leave of absence shall be as described in section 30-130 of this Code.

Sec. 30-134. Health/life/dental.

(a) The city shall make available a health/dental program to eligible employees. Employees desiring coverage under the program must apply to the city's human resources department. The conditions of eligibility for coverage of employees and their dependents for health benefits, dental benefits, and life insurance are outlined in the most recent edition of the booklet entitled, "Employee Benefit Plan," published and updated by the human resources department. The city and the employee will pay the following percentage of health/dental insurance premium cost:

The city shall provide employees with life insurance coverage equal to one times the employee's base annual salary rounded to the next higher $1,000.00, if not already a multiple thereof. The city may provide this life insurance through a self-insured plan or under a group insurance policy or policies issued by an insurance company selected by the city. In addition, the city agrees to provide additional group term life/AD&D insurance coverage and agrees each month to pay the additional group life insurance premium on each employee with payment not to exceed $5.00 per month per employee.

(b) The city shall make available a health promotion program aimed to improve employee health and well-being. The program shall be published, administered, and updated by the human resources department.

(Ord. No. 37-95, § 33, 3-6-95; Ord. No. 11-96, § 1, 1-16-96; Ord. No. 87-97, § 28, 12-2-97; Ord. No. 131-98, § 10, 12-7-98; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 80-05, § 1, 8-8-05)

Sec. 30-135. Deferred compensation program.

The mayor and appointive officials and employees, exempt midmanagement, and nonexempt confidential employees may participate in the deferred compensation plan administered by the International City Management Association Retirement Corporation.

(1) For the nonexempt confidential employees, the city will contribute an amount equal to the employee's contribution up to a maximum of four percent of his or her base hourly rate equal to 80 hours in a pay period.

(2) For the mayor and appointive officials and employees and exempt midmanagement employees, the city will contribute an amount equal to the employee's contribution up to a maximum of four percent of his or her biweekly rate of pay.

Sec. 30-136. Uniform/miscellaneous allowance.

Police and fire appointive and midmanagement exempt employees shall receive an annual allowance for the purchase and maintenance of uniforms.

(Ord. No. 37-95, § 35, 3-6-95; Ord. No. 131-98, § 11, 12-7-98; Ord. No. 3-00, § 1, 1-18-00)

DIVISION 2. VACATION LEAVE

Sec. 30-137. Eligibility and accumulation--Full-time non-collective bargaining unit employees.

(a) Except as otherwise provided in this section, the mayor, any appointive officer and employee, or any regular full-time midmanagement, or classified employee of the city not represented by a collective bargaining unit shall be granted vacation with pay based on the employee's years of service with the city. Such vacation leave shall accrue on a monthly basis.

(b) This vacation leave accrual shall begin with the employee's first day of regular employment with the city, but may not be used until the employee has completed one month of service for accrual purposes.

(c) Such officers and employees shall receive a full or prorated vacation benefit with full pay based on the following schedule. Each level in the schedule shall become effective in the month in which the employee's employment anniversary date occurs. Vacation may be taken beginning the first day of the following month.

(d) Newly hired midmanagement employees may begin accruing vacation at the monthly accrual level of ten hours per month based upon qualifications as recommended by the director of human resources and approved by the mayor.

(e) Fire midmanagement employees assigned to a 24-hour shift schedule not represented by a collective bargaining unit shall receive a full or prorated vacation benefit with full pay based on the following schedule. Each new level in the schedule shall become effective in the month in which the employee's employment anniversary date occurs. Vacation may be taken beginning the first day of the following month.

(f) A bank of vacation hours may be established for a newly hired appointive officer upon recommendation of the director of human resources and approval of the mayor. Upon the appointive officer's one-year employment anniversary date, regular monthly accrual of vacation will commence in accordance with the established vacation level. Future advancement to the next level of vacation accrual shall be based upon the employee's employment anniversary date.

(1957 Rev. Ords., § 3.205; Ord. No. 2465, 12-12-66; Ord. No. 2467, 2-6-67; Ord. No. 2721, 11-30-70; Ord. No. 31-73, § 1, 4-23-73; Ord. No. 24-75, § 1, 4-28-75; Ord. No. 86-75, § 1, 12-22-75; Ord. No. 127-81, § 1, 12-28-81; Ord. No. 3-83, § 1, 1-31-83; Ord. No. 16-86, § 1, 2-24-86; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 19, 4-11-94; Ord. No. 37-95, § 36, 3-6-95; Ord. No. 87-97, § 30, 12-2-97; Ord. No. 11-00, § 1, 2-14-00; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-01, § 3, 1-8-01; Ord. No. 4-01, § 3, 1-8-01; Ord. No. 30-02, §§ 2, 3, 4-8-02)

Sec. 30-138. Same--Other employees.

A regular part-time employee of the city not represented by a bargaining unit shall be entitled to that vacation provided for by this division prorated according to the number of regular paid hours in the calendar month preceding the most recently completed calendar month not including any overtime hours.

(1957 Rev. Ords., § 3.205; Ord. No. 2465, 12-12-66; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 31, 12-2-97)

Sec. 30-139. Use.

(a) Vacation shall be taken at the time the director or designee shall designate. In designating vacation time, the seniority and preferences of officers or employees shall be followed unless absence of the employee or officer will impede the operation of the department.

(b) Employees may schedule vacation prior to its anticipated accrual, but may not use vacation until after it has been accrued as specified in this division.

(c) Vacation time shall not be scheduled or used in any manner for purposes of extending an employee's official date of separation from the city.

(1957 Rev. Ords., § 3.205; Ord. No. 2465, 12-12-66; Ord. No. 129-81, § 1, 12-28-81; Ord. No. 43-82, § 1, 4-19-82; Ord. No. 3-83, § 1, 1-31-83; Ord. No. 150-84, § 1, 12-24-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 20, 4-11-94; Ord. No. 37-95, § 37, 3-6-95; Ord. No. 87-97, § 32, 12-2-97)

Sec. 30-140. Maximum balance and payment.

(1) Regular full-time employees may accumulate vacation as set forth in section 30-137 of this Code without limitation, provided that as of December 31 of each calendar year the employee's maximum balance of unused vacation shall not exceed 280 hours, or 336 for fire management employees assigned to a shift schedule. Any unused vacation hours remaining in an employee's accumulated balance in excess of 280 hours, or 336 for fire management employees assigned to a shift schedule, as of 12 midnight on December 31 of each year shall be forfeited, except as specifically set forth in this Code.

(2) In the event of discharge, resignation in good standing, or death, any vacation time the employee has accumulated and not used before the date of separation from his employment, up to a maximum of 280 hours, or up to a maximum of 336 hours for Fire midmanagement employees assigned to a 24-hour schedule, shall be paid at the employee's regular base rate as of the date of separation to the employee or to the surviving spouse or if no spouse survives, to his estate. Under no circumstances shall payment be made for accumulated vacation in excess of 280 hours, or 336 hours for fire midmanagement employees assigned to a 24-hour schedule, except as specifically provided in this division.

(3) Except as specifically set forth in this division, no payment may be made in lieu of vacation.

(4) Midmanagement employees may be compensated for up to 40 hours of a scheduled and approved vacation if the vacation is cancelled after October 1 of a calendar year due to the needs of the city and the employee risks forfeiture of unused vacation. A copy of the employee's time-off request form and a statement of the reason for cancellation of the vacation shall be filed with the director of human resources. Fire shift management employees may be compensated for up to 48 hours of scheduled vacation pursuant to this subsection.

(1957 Rev. Ords., § 3.205; Ord. No. 2465, 12-12-66; Ord. No. 99-84, § 9, 6-25-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 87-97, § 33, 12-2-97; Ord. No. 131-98, § 12, 12-7-98; Ord. No. 128-99, § 1, 12-13-99)

Sec. 30-141. Reserved.

Editor's note: Ord. No. 4-01, § 2, adopted Jan. 8, 2001, repealed § 30-141, which pertained to implementation. See the Code Comparative Table.

Secs. 30-142--30-145. Reserved.

DIVISION 3. SICK LEAVE

Sec. 30-146. Reserved.

Editor's note: Ord. No. 28-00, § 3, adopted April 10, 2000, repealed § 30-146, which pertained to definitions. See the Code Comparative Table.

Sec. 30-147. Nature of leave.

Sick leave shall be granted as a privilege and not a right, and the claim of such leave shall be subject to such investigation as the department head deems necessary. Abuse of sick leave privileges constitutes grounds for disciplinary action.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-148. Accumulation and annual payout--Generally.

There is hereby established a sick leave schedule which shall apply to the mayor, appointive officers and employees, midmanagement, and classified employees. It shall not apply to temporary or contractual employees or employees represented by a collective bargaining unit.

(1) Eligibility for sick leave shall begin at the time of appointment. Any officer or employee of the city covered by this section shall accrue sick leave at the rate of 3.70 hours biweekly. However, subject to the recommendation of the director of human resources and approval of the mayor, newly hired appointive officers may be given a bank of 96.2 hours of sick leave. Upon the appointive officer's one-year employment anniversary date, sick leave will accrue at the rate of 3.70 hours biweekly.

(2) The mayor, and any appointive officer and employees (except police chief and fire chief), general midmanagement, and classified employee originally hired or elected prior to December 21, 1981, who does not take the full amount of sick leave granted in any one calendar year, may accumulate the unused amounts from year to year.

The police chief, fire chief, sworn police department midmanagement employees, and 40-hour fire midmanagement employees hired prior to December 31, 1983, who do not take the full amount of sick leave granted in any one calendar year, may accumulate the unused amounts from year to year.

When such employee has accumulated a sick leave balance of 1,104 hours, such employee shall be paid for up to 48 hours of accumulated sick leave for that year and each year thereafter in which the minimum sick leave balance of 1,104 hours is maintained. To be eligible for the annual sick leave payout, the employee must be employed by the city for the entire calendar year in which the eligibility occurs. In the year in which an employee is eligible for and will receive payment for sick leave payout at retirement as provided in section 30-159, the employee will not be eligible for the annual sick leave payout as provided in this section. This payment of accumulated sick leave will be paid at the employee's regular base hourly rate as of December 31 of the same calendar year in which the payout was earned. This payout will be made to the employee by no later than the third paycheck paid in the year following the year the payout was earned. Each nonexempt employee covered by this section shall have deducted from his accumulated sick leave one hour for each hour of absence while on sick leave. Each elected and appointive officer and midmanagement employee covered by this subsection shall have deducted from his accumulated sick leave eight hours for each full day of absence while on sick leave.

(3) The mayor, and any appointive officer and employee (except police chief and fire chief), general midmangement, and classified employee originally hired after December 21, 1981, will not be eligible for an annualized sick leave payout, but may accrue sick leave without limitation.

The police chief, fire chief, sworn police department midmanagement employees and 40-hour fire midmanagement employees originally hired after December 31, 1983, will not be eligible for annualized sick leave payout, but may accrue sick leave without limitation.

Each classified employee under this subsection will have deducted one hour of sick leave from his sick leave accrual for every hour he is absent from work on sick leave. The mayor and each appointive officer and employee and midmanagement employee covered by this subsection shall have deducted from his accumulated sick leave eight hours for each full day of absence while on sick leave.

(4) This section does not apply to fire shift midmanagement department employees.

(1957 Rev. Ords., § 3.206; Ord. No. 2586, 12-30-68; Ord. No. 2722, 11-30-70; Ord. No. 18-74, § 1, 5-6-74; Ord. No. 123-81, § 1, 12-28-81; Ord. No. 77-84, § 1, 4-30-84; Ord. No. 97-85, § 1, 11-25-85; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 22, 4-11-94; Ord. No. 37-95, § 39, 3-6-95; Ord. No. 87-97, § 36, 12-2-97; Ord. No. 131-98, § 13, 12-7-98; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-01, § 3, 1-8-01; Ord. No. 30-02, § 4, 4-8-02)

Sec. 30-149. Same--Midmanagement fire shift department employees.

(a) Eligibility for sick leave for fire shift midmanagement employees covered by this section shall begin after the completion of six months actual service following appointment, but accumulation shall be retroactive to the time of appointment. Any midmanagement member of the fire department continuously employed for a period of six months or longer shall be granted sick leave at the rate of 5.54 hours biweekly.

(b) If any fire shift midmanagement employee, except those mentioned in subsection (c) of this section, does not take the full amount of sick leave granted in any calendar year, the amount not taken may be accumulated from year to year. When such fire employee has accumulated a sick leave balance of 1,512 hours, such employee shall be paid for up to 72 hours of his accumulated sick leave for that year and each year thereafter in which he continues to maintain the minimum sick leave balance of 1,512 hours. To be eligible for the annual sick leave payout, the employee must be employed by the city for the entire calendar year in which the eligibility occurs. In the year in which an employee is eligible for and will receive payment for sick leave payout at retirement as provided in section 30-159, the employee will not be eligible for the annual sick leave payout as provided in this section. This payment of accumulated sick leave will be paid at the employee's regular base hourly rate as of December 31 of the same calendar year in which the payout was earned. This payout will be made to the employee by no later than the third pay check paid in the year following the year the payout was earned. Each fire shift midmanagement employee covered by this section shall have deducted from his accumulated sick leave not less than 24 hours of absence while on sick leave.

(c) Fire shift midmanagement employees originally hired after December 31st, 1983, will not be eligible for an annualized sick leave payout, but may accrue sick leave hours without limitation. Each such employee under this subsection will have deducted not less than 24 hours of sick leave from his sick leave accrual for each shift he is absent from work on sick leave.

(d) Fire midmanagement employees for purposes of this section shall be defined as the fire battalion chiefs.

(1957 Rev. Ords., § 3.206; Ord. No. 2586, 12-30-68; Ord. No. 2722, 11-30-70; Ord. No. 18-74, § 2, 5-6-74; Ord. No. 5-82, § 1, 1-14-82; Ord. No. 76-84, § 1, 4-30-84; Ord. No. 97-85, § 2, 11-25-85; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 23, 4-11-94; Ord. No. 131-98, § 14, 12-7-98; Ord. No. 28-00, § 4, 4-10-00; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-150. Accrual by regular part-time employees.

A regular part-time employee shall accrue sick leave prorated and based on the regular paid hours in the current pay period.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-151. Temporary employees.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-152. Reporting off duty.

Any employee or officer of the city taking sick leave shall immediately report or cause to be reported his absence from work to the department head or officer in charge of the department prior to the beginning of the employee's scheduled workday, and upon return to work shall immediately report such fact.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-153. Reserved.

Editor's note: Ord. No. 4-01, § 2, adopted Jan. 8, 2001, repealed § 30-153, which pertained to effect of pregnancy. See the Code Comparative Table.

Sec. 30-154. Medical certification.

The department director may require that sick leave be granted only by a certificate evidencing the sickness, signed by the employee's attending medical doctor, or the authority may require the employee to report to the city-designated medical doctor for a physical examination.

In any event, no sick leave with pay, for personal illness or for attendance upon a member of the immediate family requiring the employee's care or attendance, shall be granted for a period longer than three consecutive work days unless a certificate from a duly licensed medical doctor is presented to the department director.

This certificate must be from the attending medical doctor and must include a written statement indicating medical necessity for the employee's absence on the specific date(s) due to personal illness or attendance upon a member of his/her immediate family.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 37-95, § 40, 3-6-95; Ord. No. 131-98, § 15, 12-7-98)

Sec. 30-155. Reserved.

Editor's note: Ord. No. 131-98, § 16, adopted Dec. 7, 1998, repealed § 30-155, which pertained to illness in family. See the Code Comparative Table.

Sec. 30-156. Use for funerals.

Any employee or officer who has to make arrangements for or attend a funeral or has to attend to estate business following the funeral during his regularly scheduled work hours shall be permitted to use up to five days' sick leave for that funeral. This five-day limit for a single funeral may be extended at the discretion of the department head. An employee will be allowed to use up to a maximum of ten days of sick leave as funeral leave in one calendar year. Any additional time required to make arrangements for or to attend a funeral or to attend to estate business following the funeral may be taken as vacation, compensatory leave, personal leave, or time off without pay.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-157. Use on vacation.

When an employee becomes ill or is injured or quarantined while on vacation, the period of such illness, injury, or quarantine may be charged to sick leave if the employee submits a written certification from a medical doctor or other recognized practitioner confirming his illness, injury or quarantine.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91)

Sec. 30-158. Other uses.

A classified employee may use sick leave pay while actually attending either physician or dental appointments; provided the appointment has been scheduled during the employee's regularly scheduled work hours.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 24, 4-11-94; Ord. No. 87-97, § 37, 12-2-97; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-159. Payout at retirement or resignation in good standing.

(a) If the employee is represented by a bargaining unit which has entered into an agreement with the city concerning sick leave payout at retirement or resignation in good standing, the terms of the agreement will govern.

(b) Payout for all employees except fire shift midmanagement employees shall be as follows:

(1) The mayor, and any appointive officer and employee, general midmanagement, classified, 40-hour fire midmanagement and police midmanagement employee originally hired prior to December 31, 1983, with an accumulated sick leave balance of 528 hours or more upon retirement from the city service shall be paid sick leave as follows: The first 528 earned sick leave hours shall be paid at the rate of one-half the earned value of the employee's accrued sick leave. Earned sick leave in excess of the first 528 hours will be paid at the full earned value up to a maximum of the sum equal to two months current pay. Any additional sick leave balance remaining shall be paid at the rate of one-half the earned value of the employee's accrued sick leave. However, for purposes of this article, the earned value of sick leave accrued on or before December 31, 1983, shall be equal to the employee's highest 1983 wages; and the earned value of sick leave accrued after December 31, 1983, shall be equal to the rate of pay at which the sick leave was accrued. These amounts shall be paid in a lump sum included with the employee's final check for active service. This benefit may not be used to increase length of service for retirement purposes. In case of death while in the service of the city, the employee's beneficiary shall be paid in a valued lump sum for sick leave accumulated, up to the date of death, under the provisions prescribed for retirement.

(2) Any employee class named in this section hired after December 31, 1983, who has accumulated a base amount of sick leave equal to or greater than 48 hours times the number of years employed by the city shall upon retirement or resignation in good standing from the city or death while in the service of the city be entitled to receive one-fourth of his accrued sick leave bank hours paid at the date of retirement or separation at current pay. In case of death while in service of the city, the employee's beneficiary, if the employee has qualified as set out in the preceding sentence, shall be entitled to receive one-fourth of the employee's accrued sick leave bank hours paid at the employee's rate of pay at the date of death.

(1) Any fire shift midmanagement employee originally hired prior to December 31, 1983, with an accumulated sick leave balance of 720 hours or more, upon retirement from city service, shall be paid sick leave as follows: The first 720 earned sick leave hours shall be paid at the rate of one-half of the earned value of the employee's accrued sick leave. Earned sick leave in excess of the first 720 hours will be paid at the full earned value, up to a maximum of a sum equal to two months' current pay. Any additional sick leave balance remaining shall be paid at the rate of one-half of the earned value of the employee's accrued sick leave. However, for purposes of this article, the earned value of sick leave accrued on or before December 31, 1983, shall be equal to the employee's highest 1983 wages; and the earned value of such sick leave accrued after December 31, 1983, shall be equal to the rate of pay at which the sick leave accrued. These amounts shall be paid in a lump sum and included with the employee's final check for active service. This benefit may not be used to increase length of service for retirement purposes. In case of death while in service of the city, the employee's beneficiary shall be paid in a valued lump sum for sick leave accumulated, up to the date of death, under the provisions prescribed for retirement.

(2) Any fire shift midmanagement employee originally hired after December 31, 1983, who has accumulated a base amount of sick leave equal to or greater than 72 hours times the number of years employed by the city shall upon retirement from the city, resignation in good standing, or death while in the service of the city be entitled to receive one-fourth of his accrued sick leave bank hours paid at the date of retirement or separation at current pay. In case of death while in the service of the city, the employee's beneficiary, if the employee has qualified as set out in the preceding sentence, shall be entitled to receive one-fourth of the employee's accrued sick leave bank hours paid at the employee's rate of pay at the date of death.

(d) If the employee's employment with the city is separated prior to eligibility to receive retirement benefits payments, and the employee elects to defer retirement benefits, the payment of sick leave benefits as defined above shall be made as part of the employee's final pay at the time of separation. If, after receiving the sick leave payment at time of deferral, the employee withdraws his contributions to the pension plan, the amount paid for sick leave at the time of deferral shall be deducted from the amount contributed to the pension plan, prior to the payment of these contributions.

If an employee defers retirement benefits, any reference made to the employee's rate of pay at date of retirement in this article means the employee's rate of pay as of the last day of active employment with the city prior to deferral of retirement benefits.

(1957 Rev. Ords., § 3.206; Ord. No. 2686, 6-15-70; Ord. No. 18-74, § 3, 5-6-74; Ord. No. 122-81, § 1, 12-28-81; Ord. No. 6-82, § 1, 1-14-82; Ord. No. 79-84, § 1, 5-3-84; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 25, 4-11-94; Ord. No. 37-95, § 42, 3-6-95; Ord. No. 87-97, § 38, 12-2-97; Ord. No. 131-98, § 17, 12-7-98; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-160. Duty-incurred injury.

(a) The mayor, and any appointive officer, midmanagement employee, or classified employee who sustains a disabling injury by accident arising out of and in the course of employment for the city, and the disabling injury was not caused by willful neglect on the part of such officer or employee, shall in lieu of sick leave be reimbursed at the rate of 80 percent of their regular base salary as of the date of injury for a period of six months. Thereafter, said disability weekly amount will be as specified from time to time by state worker's compensation law. While receiving worker's compensation payments at the state rate, the employee may use accrued sick leave, vacation, personal leave, compensatory time, or other available paid time off benefits to maintain regular base weekly earnings as of the employee's last day worked immediately preceding the most recent absence from work due to a duty-incurred injury or illness. If, in the opinion of the city's designated physician, the employee is physically able to perform duties of another nature, the employee may be assigned to those duties for the duration of the disability.

(b) If a city-designated holiday occurs while an employee in this subsection is absent from work due to a duty-incurred injury or illness, the employee shall be paid regular holiday pay for that day at the employee's regular holiday pay for that day at the employee's regular base hourly rate of pay as of the employee's last day worked immediately preceding the absence from work. This regular holiday pay shall be taxable, and shall be paid in lieu of the worker's compensation payment at the rates specified in this section for that day. This substitution of holiday pay is only administrative, and will not otherwise affect the employee's worker's compensation status.

(1957 Rev. Ords., § 3.206; Ord. No. 2174, 12-10-62; Ord. No. 13-79, § 1, 2-12-79; Ord. No. 2-83, § 1, 1-31-83; Ord. No. 95-83, 11-21-83; Ord. No. 87-91, § 1, 11-25-91; Ord. No. 32-94, § 26, 4-11-94; Ord. No. 37-95, § 43, 3-6-95; Ord. No. 87-97, § 39, 12-2-97; Ord. No. 131-98, § 18, 12-7-98; Ord. No. 4-01, § 3, 1-8-01)

Sec. 30-161. Mayor may grant additional sick leave.

In the case of an employee or officer under the civil service who has been employed by the city for a period of 20 years or more, the mayor in its discretion when found necessary for the care and maintenance of such employee or officer, may grant to such employee or officer additional sick leave for such period as determined by the commission with pay not exceeding 50 percent of the average compensation of such employee or officer.

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Chapter 30 PERSONNEL REGULATIONS AND BENEFITS*

ARTICLE I. IN GENERAL

Sec. 30-1. Definitions.

Sec. 30-2. Human resources department--Created.

Sec. 30-3. Same--Functions.

Sec. 30-4. Director of human resources.

Sec. 30-5. Salary grades.

Sec. 30-6. Bonds for officers, employees.

Sec. 30-7. Employees' worker's compensation fund.

Sec. 30-8. Workers' compensation coverage for city council members.

Secs. 30-9--30-17. Reserved.

ARTICLE II. CIVIL SERVICE*

DIVISION 1. GENERALLY

Sec. 30-18. Scope.

Sec. 30-19. Application to appointive officers.

Sec. 30-20. Reserved.

Sec. 30-21. Reserved.

Sec. 30-22. Acts prohibited.

Sec. 30-23. Political activity.

Sec. 30-24. Political interference.

Sec. 30-25. Unlawful payments.

Sec. 30-26. Unlawful influence.

Sec. 30-27. Discrimination.

Sec. 30-28. Reserved.

Sec. 30-29. Examinations generally.

Sec. 30-30. Application required.

Sec. 30-31. Reserved.

Sec. 30-32. False statements in application.

Sec. 30-33. Examiners.

Sec. 30-34. Preference for former military personnel.

Sec. 30-35. Medical examinations and/or alcohol and drug screening.

Sec. 30-36. Disqualifications.

Sec. 30-37a. Names certified--New hires.

Sec. 30-37b. Same--Promotion/transfer.

Sec. 30-38. Temporary assignments and appointments.

Sec. 30-39. Promotions generally.

Sec. 30-40. Promotional examination.

Sec. 30-41. Eligibility for promotion.

Sec. 30-42. Probation period.

Sec. 30-43. Reserved.

Sec. 30-44. Demotion allowed.

Sec. 30-45. Demotion, discharge, suspension--Generally.

Sec. 30-46. Same--Causes.

Sec. 30-47. Same--Notice.

Sec. 30-48. Same--Appeal allowed.

Sec. 30-49. Same--Hearing.

Sec. 30-50. Same--Determination by board.

Sec. 30-51. Reinstatement.

Sec. 30-52. Matters to be reported.

Sec. 30-53. Staff reduction.

Sec. 30-54. Benefits for laid off employees.

Sec. 30-55. Reemployment of separated employee.

Secs. 30-56--30-57. Reserved.

DIVISION 2. CIVIL SERVICE BOARD*

Sec. 30-58. Created; composition.

Sec. 30-59. Qualifications.

Sec. 30-60. Appointment.

Sec. 30-61. Terms.

Sec. 30-62. Compensation.

Sec. 30-63. Temporary member.

Sec. 30-64. Chairman.

Sec. 30-65. Quorum.

Sec. 30-66. Affirmative vote for action.

Sec. 30-67. Rules to be adopted.

Sec. 30-68. Scope of rules.

Sec. 30-69. Annual report.

Sec. 30-70. Court review of action.

Secs. 30-71--30-81. Reserved.

ARTICLE III. APPOINTIVE OFFICERS

Sec. 30-82. Reserved.

Sec. 30-83. Job descriptions.

Sec. 30-84. Method and term of appointment.

Sec. 30-85. Qualification.

Sec. 30-86. Commissions and certificates of appointment.

Sec. 30-87. Notice of adoption.

Secs. 30-88--30-95. Reserved.

ARTICLE IV. CLASSIFICATION AND PAY PLAN*

Sec. 30-96. Application of plan; employees covered.

Sec. 30-97. Operation of plan; step advancement.

Sec. 30-98. Promotion/transfer; salary changes.