Bossier City Firefighters Association
City Personnel Policies
Posted On: Sep 05, 2007

Chapter 78 PERSONNEL*


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*Charter references:  Personnel, § 12.01 et seq. 
Cross references:  Administration, ch. 2; human relations, ch. 62; law enforcement, ch. 66. 
State law references:  Municipal Employees Retirement System of Louisiana, R.S. 11:1731 et seq.; workers' compensation, R.S. 23:1021 et seq.; compensation of officers and employees, R.S. 33:533; discrimination against handicapped persons, R.S. 46:2254. 

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Sec. 78-1. Purpose.
(a)   The purpose of this chapter is to provide the enabling legal authority to those persons charged with the responsibility to provide a modern and comprehensive system of personnel administration for the city as mandated by the city Charter.
(b)   It is further the purpose of this chapter to define certain elements, policies and responsibilities necessary for the establishment and maintenance of such a system.
(Code 1980, § 20-1)


Sec. 78-2. Definitions.
As used in this chapter the following terms shall have the meanings respectively ascribed to them in this section:
Anniversary date-pay raise purposes  means one year from the date of the last pay raise (except for across the board or cost of living raises granted to all employees). 
Bridging  means the linking of past service time with current service time. 
Classified employee  means any person, other than temporary/seasonal, filling a position listed in subsection 78-7(a). 
Continuity of service requirement  means continuous service of employment in the city service without break or interruption. Authorized vacation, sick leave, disability leave or leaves without pay of 30 days or less or as a break resulting from a reduction in force shall not be considered as interrupting continuous service. 
Employee  means any person appointed to any position of employment (classified or unclassified), by the city, whether such employment be full or part time, provided such persons receive financial compensation from the city (regardless of original source of funds) and such compensation is subject to withholding taxes by the state or federal government. 
Employment probationary period  means a trial period of up to six months following initial hiring or rehire of an employee. Prior to the conclusion of the probationary period, the services of an employee may be terminated by the appointing authority if in the opinion of the appointing authority, the employee has shown he does not possess the qualification required by the position or has otherwise demonstrated marginal or unsatisfactory conduct or service. Such termination is not subject to appeal. 
Full-time employee  means any person hired or appointed to any position (classified or unclassified) by the city when position is recognized as on going/permanent in nature and requiring 40 hours of work per week. 
Part-time employee  means those persons hired or appointed to positions recognized as on going/permanent in nature and requiring less than 40 hours of work per week. 
Probationary pay raise  means a pay raise granted on successful completion of the employment probationary period only to newly hired or rehired employees hired at the starting step in their pay grade. New employees appointed above the starting step due to experience or other reasons shall undergo a probationary period, but shall not be eligible for a step raise until one year from date of hiring unless certified under the rule of exceptional performance. 
Promotion  means a change from one position to a position in a higher pay grade and must include a distinct change in duties and a clearly defined increase in responsibilities. 
Promotion probationary period  means a trial period of up to six months following the promotion of an employee to a position in the same or a different class and in a higher pay grade. Prior to the conclusion of the promotion probationary period such an employee may be reverted to his previously held class and pay grade if in the opinion of the appointing authority the employee has shown he does not possess qualifications necessary for the position to which he was promoted. If no vacancy exists in the class/pay grade previously held, then every attempt will be made to place the employee in some other position of equal grade in the city service for which he is qualified. Absent all these possibilities, the employee may be terminated. 
Reclassification  means a change from one class to another or from one class grouping to another (e.g., clerical to auto mechanic). Reclassification does not necessarily constitute a promotion nor include an increase in pay. 
Temporary/seasonal employee  means any person hired or appointed to a position (regardless of hours per week requirements), such position being by its nature either seasonal or short term. Example: Lifeguards, summer youth program workers, Cooperative Office Education (COE), etc. 
Unclassified employee  means any person hired or appointed to a position by the city under the provisions of subsection 78-7(b). 
(Code 1980, § 20-2)
Cross references:  Definitions generally, § 1-2. 


Sec. 78-3. Department of personnel.
(a)   There shall be within the city government a department of personnel under the supervision of the mayor.
(b)   The department shall consist of the director of personnel and such other employees as may be necessary to perform its duties and responsibilities.
(Code 1980, § 20-3)


Sec. 78-4. General functions of director of personnel.
The director of personnel shall:
(1)   Determine, publish and maintain current procedures to ensure the proper administration of this chapter and of all personnel actions and related matters.
(2)   Continually review all policies, rules, regulations and procedures to ensure that an up-to-date, comprehensive system of personnel administration for the city exists.
(3)   Provide technical assistance, as requested, and administrative support to the personnel board.
(Code 1980, § 20-4)


Sec. 78-5. Personnel board.
(a)   There is hereby continued a personnel board for the purposes, and with the organization, as outlined in the city Charter and enabling ordinances.
(b)   It shall be the duty of the personnel board to hear appeals from employees, to receive evidence and hear witnesses and to determine facts involving personnel actions and to ensure that such actions are made consistent with the provisions of the city Charter, this chapter and any ordinances, rules, regulations or policies adopted pursuant thereto. Upon hearing and making determination of appeals, the personnel board may affirm, modify or reverse the actions of the city with respect to any personnel actions.Further, the personnel board may, upon its own motions or upon request by the city council or any member thereof investigate matters relating to personnel and advise the city council of its findings and recommendations. Such appeal hearings and other actions shall be in accordance with procedures established and adopted by the personnel board.
(c)   Request for hearings before the personnel board may, if desired by an aggrieved employee, be made only after the grievance procedures outlined in city management regulations have been completed without resolution to the satisfaction of the employee.
(Code 1980, § 20-5)
Charter references:  Personnel board, § 12.03 et seq. 
Cross references:  Boards, commissions and committees, § 2-91 et seq. 


Sec. 78-6. Classification plan.
(a)   All positions in municipal service, except those specifically excluded in this chapter shall be grouped into classes. Each class shall include those positions of similar requirements as to training, knowledge, skills and personal qualities as to make the same rate of compensation range appropriate thereto.
(b)   The classification plan shall include, wherever possible, grouping of related classes to ensure the possibility of progression for qualified employees.
(c)   The classes of positions set forth in subsection 78-7(a) are hereby adopted and shall be the basis of the classification plan. The personnel department is charged with the responsibility of maintaining the classification plan and ensuring that all class specifications are developed and kept current, and reflect the duties, responsibilities and qualification requirements of the respective classes and groups of classes of positions in the city service.
(d)   The approval of the city council is required for the establishment of a new class and/or the changing of any existing class from one pay grade to another.
(e)   The mayor, or if he so chooses, the heads of the departments and subdepartments of the city may recommend the reallocation of any employee under his supervision from one class to another whenever a change in duties or responsibilities of such employee makes the class to which he was previously assigned inappropriate. Such actions shall be made with the knowledge of the employee concerned and are subject to review by the director of personnel, prior to promulgation, to ensure compliance with this chapter andexisting rules, regulations and procedures.
(f)   Any classified employee may request that his position be considered for reclassification. Such requests will be made through the appropriate department head to the director of personnel. If in his initial review the director of personnel finds sufficient variance between the work being performed and the class specifications, he may either recommend the reclassification of the employee concerned into another existing class or initiate action to establish a new and more appropriate class title and specification.
(g)   Class specifications outline the principal characteristics and requirements of positions in that class. Class specifications are not to be considered all inclusive and do not preclude the assignment of other tasks and duties of a reasonably related nature or of less skills.
(Code 1980, § 20-7)


Sec. 78-7. Classified and unclassified service generally.
(a)   The classified service shall consist of the following classes of positions. The grade refers to the compensation schedule grade by which all positions of the class and level will be paid:
CLASSIFICATION PLAN ASSIGNMENT OF JOB CLASSES TO GRADE LEVELS
TABLE INSET:

    Grade 1     
Accounts Clerk I   Recreation Aide   
Clerk I   Caretaker   
  Grade 2     
Clerk II   Recreation Maintenance Worker I   
Clerk Typist I   Recreation Specialist I   
Data Typist I   Warehouse Worker I   
Laborer I      
  Grade 3     
Accounts Clerk II   Laborer II   
Animal Control Helper I   Recreation Center Manager   
Clerk Steno I   Civic Center Technician   
Clerk Typist II   
  Grade 4     
Truck Driver I   Recreation Maintenance Worker II   
Permits Clerk   Utility Worker I   
  Grade 5     
Animal Control Helper II   Electrician I   
Auto Mechanic I   Data Typist II   
Draftsman I   Records Clerk   
Engineering Aide I   Electronic Data Processing Operator I   
Maintenance Mechanic I   Recreation Specialist II   
  Grade 6     
Clerk Steno II   Office Manager I   
Dispatcher/Control Clerk   Utility Worker II   
Equipment Operator I   Warehouse Worker II   
Police Clerk I   
  Grade 7     
Accounts Clerk III   Truck Driver II   
Auto Mechanic II   Electronic Data Processing Operator II   
Draftsman II   Maintenance Mechanic II   
Personnel Specialist I   Police Clerk II   
Civic Center Event Coordinator I   Engineering Aide II   
  Grade 8     
Accountant I   Recreation Specialist III   
Foreman I   Equipment Operator II   
Animal Control Supervisor   Warehouse Worker III   
Assistant Utilities Billing Supervisor   Water Treatment Plant Operator   
Waste Water Treatment Plant Operator   
  Grade 9     
Electrician II   Clerk Steno III   
Welder   Police Clerk III   
Office Manager II      
  Grade 10     
Accountant II   Foreman II   
Information Specialist   Buyer I   
Planner   Lab Technician I   
Maintenance Foreman   Civic Center Booking Manager   
Inspector, Industrial Waste   Civic Center Event Coordinator II   
Instrument Technician   Traffic Control Technician   
Senior Operator Water Treatment Plant      
Senior Operator Waste Water Treatment Plant      
  Grade 11     
Auto Mechanic III   Personnel Specialist II   
Buyer II   Tax Auditor   
Geographic Information Systems Technician   Police Clerk IV   
  Grade 12     
Assistant Superintendent   Utilities Billing/Collections Supervisor   
Assistant Comptroller   Water Services Supervisor   
Computer Programmer   Lab Technician II   
Recreation Supervisor   Traffic Analyst   
Vegetation and Pest Control Supervisor   Traffic Control Lead Technician   
Electrician III   
  Grade 13     
Chief Draftsman   Engineering Aide III   
Civic Center Operations Manager   Federal Aid Coordinator   
Geographic Information Systems Coordinator      
  Grade 14     
Inspector, Code Enforcement   Tax Audit Supervisor   
Chief Engineering Inspector   Coordinator, Industrial Pretreatment   
  Grade 15     
Warehouse Supervisor   Auto Maintenance Shop Supervisor   
Assistant Purchasing Agent   Recreation Maintenance Supervisor   
Safety and Claims Officer      
Assistant Civic Center Director      
  Grade 16     
Data Manager   Treasurer/Comptroller   
Engineering Aide IV   Tax Collector/Administrator   
Superintendent   Purchasing Agent   
Buildings Supervisor   Community Development/Planning Coordinator   
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(b)   The unclassified service shall consist of the following elective and appointive positions:
(1)   All elected officers of the city government;
(2)   Positions which, by Charter, require nomination by the mayor and confirmation by the council and all appointments made by the council;
(3)   City department and subdepartment heads;
(4)   Executive assistant to the mayor;
(5)   Chief administrative officer;
(6)   Secretary to the mayor and his assistants;
(7)   Members of the staff of the city judge;
(8)   Members of the staff of the city marshal;
(9)   Members of the staff of the city attorney;
(10)   Civic center executive director;
(11)   Information systems manager;
(12)   Recycling and environmental enhancement coordinator;
(13)   Inspectors and their assistants in permits and inspections division.
(c)   For those positions falling under the unclassified service for which there is no appropriate title in the list of classified positions, the pay grade or pay schedule and title shall be determined at the time of appointment.
(d)   A classified employee who is temporarily appointed to an unclassified position shall have the right to be reappointed to the classified service upon completion of service in the unclassified position provided a vacancy exists and unless such termination is for disciplinary reasons. Such reappointment shall be in the same class grouping and pay grade as occupied prior to the unclassified appointment whenever possible. Also, such temporary unclassified appointments shall be recognized as continuous service.
(Code 1980, § 20-8)


Sec. 78-8. Compensation plan.
(a)   The pay of city employees occupying positions in the classified service shall be paid on the basis of annual, monthly or equivalent hourly rates as prescribed for their positions in the current pay schedule. Changes to any schedules shall be developed by the director of personnel as necessary and adopted by resolution by the city council.
(b)   The pay of city employees occupying positions in the unclassified service designated in subsection 78-7(b) shall correspond as closely as possible to the pay scale of a classified employee occupying a comparable position. Exceptions to this are authorized under subsection 78-7(c) and will be allowed only with the approval of the mayor.
(c)   Part-time, seasonal and temporary, classified or unclassified employees shall be paid at the prescribed hourly rate for their position for the number of hours worked.
(d)   The following special salary provisions shall apply:
(1)   Any employee qualified for and temporarily required to serve in and accept the responsibility for work covered by a class title listed in a higher pay grade shall while so assigned be paid at the appropriate starting step or one step above his current rate, whichever is higher, provided:
a.   Such temporary assignment is continuous for 30 working days or more.
b.   Such payment will not exceed the budgetary limitations of the employees' department.
(2)   When an employee returns to the city service after a break in continuous service, except breaks from a reduction in force, he shall be treated as a new employee for purposes of pay, classification and leave. Bridging may take place after five years of continuous service. At that time, any previous service will be added to current service. Employee will then be allowed any privileges, etc., given to one with the total service time, i.e. vacations, etc.
Note.  Buy back of retirement would still be regulated by the rules and regulations of the Louisiana Municipal Employees Retirement System. 
(3)   Any employee who leaves or has left the city service to enter the active service of the armed forces of the United States in time of emergency and who subsequently is reinstated to a position previously held by him shall be entitled to receive compensation no less than the current equivalent of that received when he left the city service.
(e)   The following rules for pay raises/increases shall apply equally to all full-time employees:
(1)   A new employee, hired at the starting step of a pay grade, is eligible for a raise to step A upon satisfactory completion of his hire probationary period.
(2)   New employees hired at a pay level above starting become eligible for consideration for an increase to the next step one year from date of hire.
(3)   Incumbent employees become eligible for consideration to the next higher step in the pay grade covering their job classification, one year after their latest pay raise (except for across the board or cost of living raises).
(4)   The following procedure shall be followed regarding establishment of rate of pay on promotion:
a.   In a case where a person is promoted one to five pay grades from a nonsupervisory position to another nonsupervisory position, the raise shall be to step A of the new pay grade or the equivalent of one step above the rate of pay prior to the promotion, whichever is greater.
b.   In the case of an employee promoted six or more pay grades from a nonsupervisory position to another nonsupervisory position the raise shall be to step A of the new pay grade or the equivalent of two steps above the rate of pay prior to the promotion, whichever is greater.
c.   Regardless of the number of grades, a person promoted from a nonsupervisory to a supervisory position and job title shall receive a raise to step A of the new pay grade or the equivalent of two steps higher than the pay received prior to promotion, whichever is higher.
d.   In the case of a person promoted from a supervisory position to another supervisory position the one to five one-step, and six or more two-step rule shall apply.
e.   Promotion and/or reclassification resulting in pay raises establishes a new anniversary date for pay purposes effective with the date of the raise.
(5)   Where an employee has shown exceptional performance on the job, and the supervisor and department head feel that reward is highly deserved and appropriate, employee may be granted a one-step pay increase. Such an increase then establishes a new anniversary date for annual step raises. Such an exceptional increase may be given to an employee only once in any job classification, and no sooner than six months after their last previous pay increase.
(f)   Starting pay on initial appointment to a position in the classified service should be made at the starting rate and advancement to the maximum rate within a salary range shall be in successive steps. However, recognizing the need to make public service with the city an attractive career, and to make it possible to attract the most qualified and experienced applicants, special qualifications and experience may be taken into consideration in establishing the starting pay level of some new employees. Conditions which must exist to allow exceptions to the starting pay rate level are as follows:
(1)   A high degree of skill must be required for the position.
(2)   There must be an acute need to fill the position.
(3)   Recruiting to fill the position with a qualified candidate must be difficult. When the above conditions exist, the director of personnel may authorize the hiring at above the minimum step with the conditions that the need is justified and the applicant's experience documented and verified. When all conditions exist, one-step above minimum may be allowed for each 1 1/2 years' experience. Such experience must be directly related to the work requirements of the position for which being hired.
(g)   Overtime is defined as hours worked in excess of 40 hours per week. A department head may prescribe reasonable periods of overtime work to meet the operational needs of the department. All such overtime must be approved in advance of the period worked and the cost of such overtime must not exceed funds available in the operating budget of the department concerned. At such times when budgetary or other restrictions make it necessary, the mayor shall have the authority to restrict such overtime approval to himself or a person he shall designate in writing. The mayor is also authorized to approve overtime costs as may be in excess of departmental budget, when in his opinion, an emergency of sufficient magnitude exists to make such action necessary. The following provisions shall apply:
(1)   Employees in positions below pay grade eight shall be compensated for authorized overtime on the basis of 1 1/2 times the regular hourly rate.
(2)   Employees in pay grade eight and above unless authorized in this chapter are not eligible for overtime compensation but may be granted compensatory time off when conditions permit.
(h)   Holiday compensation.
(1)   Compensation for absence on holidays.  All full-time employees shall receive their regular pay for the legal holidays listed in subsection 78-10(g) or on any other day declared a city holiday by the city council. 
(2)   Compensation for work performed on holidays.  Any full-time employee in the city classified service who meets the eligibility requirements for overtime pay outlined in subsection 78-8(g), and who is required to work any of the holidays listed in subsection 78-10(g) shall be paid at the rate of 1 1/2 times their normal rate for hours actually worked in addition to the holiday pay as authorized in subsection 78-8(h)(1). 
(i)   Responsibilities of the director of personnel. The director of personnel shall be responsible for administration of the compensation plan, including, but not limited to, the determination of proper compensation rates within the existing pay schedule for persons appointed, and the initiation of recommendations for revisions to the existing pay schedule on the basis of changes in the cost of living and prevailing rates of pay for comparable positions outside the city service.
(Code 1980, § 20-9)


Sec. 78-9. Annual operating budget restrictions.
(a)   No provision of this chapter shall be construed as authorizing any increase in salary or manning level or any other action which would result in exceeding the appropriations of the individual departments or the overall appropriations made for such purpose.
(b)   The city's annual operating budget shall contain data describing the proposed staffing levels of the city's departments, and the estimated total compensation required for wages and salaries including benefits.
(c)   The director of finance and the director of personnel shall jointly maintain records and exercise controls to ensure compliance with this section.
(Code 1980, § 20-10)


Sec. 78-10. Leaves of absence and holidays.
(a)   Vacation leave shall be governed by the following provisions:
(1)   Full-time employees shall be eligible for vacation leave with pay after six months of service with the city. Employees shall earn vacation leave credits as of their date of hire. Full-time employees shall earn vacation leaving according to the following schedule:
TABLE INSET:

  Completed Service   Vacation Leave
Entitlement
Per Month
   
Maximum Allowance Per Year   Accumu-
lation
   
Up to 10 years   5/6 days   10 days   20 days   
10 through 14 years   1 1/4 days   15 days   30 days   
15 years
or over
   
1 2/3 days   20 days   40 days   
(2)   Vacation leave must be taken within the calendar year in which it is earned or the next calendar year and may be taken in either whole days (8-hour) or half-day (4-hour) increments only.
(3)   Part-time and seasonal/temporary employees are not eligible for vacation leave.
(4)   Applications for vacation leave must be submitted to the department head at least five working days in advance and forwarded to the personnel department at least two working days in advance of the first day of leave.
(5)   If a holiday occurs during the workweek in which vacation is taken by an employee, the holiday shall not be charged as vacation leave.
(6)   If an employee becomes ill during his vacation and reports such illness to his supervisor, and can document the illness with a doctor's certificate, then the period of illness will be charged to sick leave and not vacation leave. Such action is subject to the availability of sick leave credited to the employee.
(7)   Department heads may, in emergency situations, grant up to five days unearned vacation leave with pay to employees who have worked for more than a year and have demonstrated a high retention probability. Should an employee terminate employment with the city prior to earning credit for such leave granted in advance of eligibility, the appropriate amount of salary or hourly wages shall be deducted from the employee's final pay.
(8)   Such vacation leave as is accumulated by an employee at time of termination shall be paid in a lump sum with the employee's final pay subject to any monies owed by the employee to the city. Employees terminated voluntarily or involuntarily prior to the completion of six months service from initial hire/rehire shall not receive such leave payment.
(9)   Vacation leave is not earned under the following circumstances:
a.   For the month in which an employee is absent without leave in excess of two consecutive days.
b.   For the month in which an employee is on disability leave as defined in subsection 78-10(c) in excess of seven working days.
c.   For the month in which an employee is in a nonpay status in excess of ten working days.
(b)   Sick leave shall be governed by the following provisions:
(1)   Each full-time employee of the city, after completing one month of service, shall be eligible for sick leave at the rate of 1 1/2 days (12 hours) with pay, for each month of completed service. Employees who render permanent part-time work shall be entitled to sick leave for the time actually worked at the rate of 1 1/2 days of sick leave for each 22 days of work (176 hours). Seasonal or temporary employees are not eligible for sick leave.
(2)   Unused sick leave shall be cumulative up to a maximum of 800 hours. Employees with less than ten years' completed service who have accumulated at least 760 hours as of December 31 may, prior to January 15 of the following year, request their sick leave balance be reduced by 120 hours and that they be credited with an additional 24 hours' vacation leave. Employees with over ten years' completed service who have accumulated at least 760 hours as of December 31 may, prior to January 15 of the following year, request their sick leave balance be reduced by 80 hours and that they be credited with an additional 16 hours' vacation leave. Such additional vacation leave will be in addition to the maximum allowable accumulation, will not be eligible for lump sum payment, and must be taken in the year credited. Any employee who requests retirement from the Municipal Employees Retirement System of Louisiana to commence on the day after their last date of active employment and who has at least 760 hours cumulative sick leave shall be allowed to exchange that sick leave for 160 hours of paid vacation leave, such vacation leave to be taken immediately prior to the effective date of retirement, or in the case of those employees participating in the delayed retirement option plan (DROP) immediately prior to the last day of active service. An exchange cannot be made for the purpose of increasing accumulated vacation time for the objective of receiving lump sum payment. In lieu of the exchange an employee can elect to convert hisaccumulated sick leave of at least 760 to 800 hours to retirement credit of 40 percent of one year in the Municipal Employees Retirement System of Louisiana. The conversion must be made at time of either retirement or entry into the deferred retirement option plan (DROP) and all sick leave will be converted. The cost of this conversion shall be paid by the city at time of conversion. Only one election may be made during an employee's service with the city.
(3)   Employees absent from work on legal holidays, during sick leave, vacation, or on other leave with pay shall continue to accumulate sick leave at the regularly prescribed rate during such absence subject, however, to the maximum limitation and to subsection 78-10(b)(11).
(4)   An employee eligible for sick leave with pay may use such sick leave upon approval of his supervisor for absence due to illness, injury, exposure to contagious disease, and to illness or death in the employee's immediate family. Where sickness in the immediate family requires the employee's absence from work, employees may use not more than five days of such sick leave entitlement in each calendar year for that purpose. Immediate family is defined as husband, wife, child or parent of the employee or other dependents residing in the employee's household. The supervisor may require proof of such family sickness.
(5)   A doctor's certificate is required for an absence from work due to sickness for three or more consecutive days. For absences of less than three days, a doctor's certificate may be required where the supervisor feels the employee is abusing his sick leave privileges.
(6)   Employees may use up to five days of sick leave for the death of a spouse, parent, child and up to three days of sick leave may be used for the death of a brother, sister, grandparent, grandchild, son-in-law or daughter-in-law, or other relative residing in the employee's household.
(7)   Absence for a fraction or part of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionately in any amount not less than one hour.
(8)   All sick leave authorized and extended by a department head shall be reported to the personnel department within 24 hours so that a proper record of leave time accumulated and used may be maintained.
(9)   Normally, sick leave with pay may not be taken until earned. However, at the judgment of the department head, up to three days unearned sick leave may be granted with pay when an emergency situation is documented by a doctor's certificate. Should an employee terminate employment with the city prior to earning such leave granted in advance of eligibility, the appropriate amount of salary or hourly wage shall be deducted from the employee's final pay.
(10)   Approval of sick leave with pay is authorized only when the employee or someone speaking on his behalf has notified the department or subdivision concerned within 30 minutes of the beginning of the employee's scheduled work day.
(11)   Sick leave is not earned under the following circumstances:
a.   For the month in which an employee is absent without leave in excess of two consecutive days.
b.   For the month in which an employee is on disability leave as defined in subsection 78-10(c) in excess of seven working days.
c.   For the month in which an employee is in a nonpay status in excess of ten working days.
(c)   Disability leave. Upon proper investigation and with full and acceptable documentation by a doctor, any employee of the city who suffers an injury or illness covered under the Louisiana Workers' Compensation Law (R.S. 23:1021 et seq.) may be granted leave and paid such compensation as may be due under the city's workmen's compensation insurance program, for a period not to exceed two months. If the disability extends beyond this initial two-month period, the employee, with the approval of the appropriate department head, the director of finance and the director of personnel may be placed in a leave without pay status for a period not to exceed an additional two months. Acceptable documentation by a doctor shall be interpreted to mean medically certified information substantiating the employees' absolute inability to perform his normal duties.
(d)   The following provisions shall govern other leaves:
(1)   The respective department head may authorize leaves of absence without pay for any period or periods not to exceed 30 days in any calendar year for training in subjects related to the work of the employee and which will benefit the employee and the city service. Prior approval of the director of personnel is required.
(2)   Full-time employees of the city shall also be granted leave with pay for days absent because of jury duty or court ordered appearance as a witness. The provisions of this subsection shall not apply to employees ordered to appear in court because of any violation they may be accused of having committed.
(3)   A department head may authorize an employee to be absent with pay for a period not to exceed one day in each instance due to the death of a member of the employee's immediate family, as defined in subsection (b)(4) of this section. (This day is not chargeable as vacation or sick leave.)
(4)   During the second and each successive year of continuous service, an employee may be granted, when work conditions permit, one day of personal leave with pay during each six months period of the calendar year provided such employee has no record of absence without leave during the previous six calendar months. Personal leave is intended to allow an employee to conduct necessary business during normal working hours that could not otherwise be done. It must be taken in full day (8-hour) or half-day (4-hour) increments. Personal leave days may not be accumulated nor are they subject to termination pay reimbursement. Personal leave is allowable only with prior request and approval by the employee's department head.
(5)   Leave with pay not to exceed ten working days per calendar year and not charged as vacation leave shall be allowed for military training during any official training period as a member of a military or naval reserve component.
(6)   At the discretion of the department head up to five days absence without pay may be granted during each calendar year without charging an employee with absence without leave, when in the opinion of the department head such action is justified and when such request is made in writing by the employee.
(e)   An employee who is absent from duty shall report the reason therefor to his superior prior to the date of absence or within 30 minutes of beginning of the scheduled workday. All unauthorized and unreported absences shall be considered absence without leave and deduction of pay shall be made for the period of absence. In addition should such absences be for three consecutive workdays, or more than seven workdays in any 30-day period, this shall be considered just cause for termination without recourse to appeal. Repetitive absence without leave on the part of an employee over an extended period of time may, if documented, be cause for disciplinary action without recourse to appeal.
(f)   All employee's absences, with or without approval, and with or without pay, shall be promptly reported to the personnel office. The personnel office and the employees' department shall maintain accurate records of all leave time accrued and taken.
(g)   Holidays. The following days are declared as holidays.
(1)   New Year's Day;
(2)   Dr. Martin Luther King, Jr.'s Birthday;
(3)   Good Friday;
(4)   National Memorial Day;
(5)   Independence Day;
(6)   Labor Day;
(7)   Thanksgiving Day;
(8)   The Friday following Thanksgiving;
(9)   Christmas Eve;
(10)   Christmas Day.
If any of the above holidays fall on a Saturday, the preceding Friday shall be given as time off. If any fall on Sunday, the following Monday shall be given as time off.
(Code 1980, § 20-11; Ord. No. 86-2001, 9-18-2001)


Sec. 78-11. Standards of service for employees.
The tenure of persons employed by the city shall be during good behavior and satisfactory service. The mayor, or subordinate department, may remove any employee from the service or take such administrative or disciplinary action as the circumstances warrant in compliance with management regulations. Reasons for which such administrative or disciplinary action may be taken will include, but are not necessarily limited to, the following:
(1)   Inability, unwillingness or failure to perform the duties of his position in a satisfactory manner.
(2)   The deliberate omission of any act that it was his duty to perform.
(3)   The commission or omission of any act to the prejudice of the departmental service or contrary to the public interest or policy.
(4)   Insubordination.
(5)   Conduct of a discourteous or wantonly offensive nature toward the public or toward any municipal officer or other employee, and any dishonest, disgraceful or immoral conduct.
(6)   Drinking alcoholic beverages while on duty or reporting for duty while under the influence of alcoholic beverages.
(7)   The use of alcoholic beverages or habit forming drugs, liquids or preparations to an extent which precludes the employee from performing the duties of his position in a safe or satisfactory manner.
(8)   Falsely making a statement of any fact in an application for or record of employment or attempting to practice fraud or deception in any such application or record.
(9)   Conviction for committing a felony.
(10)   The careless or intentional destruction, damage, loss, misuse, or unauthorized use of city property and/or equipment.
(11)   The acceptance of any gratuity for services performed during working hours or at any time for services normally provided by the city or directly or indirectly associated thereto.
(Code 1980, § 20-12)


Sec. 78-12. Grievances and appeal procedures.
(a)   Any employee in the classified service who feels that he has been discharged or subjected to any administrative or disciplinary action or otherwise aggrieved without just cause may request review of such grievance.
(b)   Procedures for such reviews are provided in city management regulations and these procedures shall be afforded all employees so requesting.
(Code 1980, § 20-13)


Sec. 78-13. Demotions, layoffs and abolition of positions in the classified service.
(a)   Demotions of regular employees in the classified service shall be made by a department head when necessary to reduce the number of employees in the service or in any class therein. Demotions from any class, except for disciplinary action or because of the abolition of an entire class in the classified service, shall be made by demoting employees in the inverse order of seniority in the departmental service. The names of the regular employees demoted for any reason, except for disciplinary action, shall be recorded upon the reinstatement list for the class from which they are demoted in the order of earned seniority. This action may be taken only on direction of the mayor and with the concurrence of the city council.
(b)   Whenever a position in the classified service is abolished because of stoppage of work, or lack of funds, or for other causes, the employee in the department involved, of the class affected, who has the least service in that position and class shall be laid off first. The names of such employees so laid off shall be put on a reemployment list with those with the least seniority at the bottom of the list.
(c)   Notwithstanding any of the provisions of subsection (a) or (b) of this section to the contrary and in keeping with the principles of a true merit personnel system, if a situation arises requiring demotions and/or layoffs, a department head may request, and the mayor approve, abridgement of the seniority system and the retention of an employee with less seniority than another employee; provided such an abridgement is made for cause and is in the best interest of the public and the departmental service. Employees who feel aggrieved because of such action may avail themselves of the grievance review procedure outlined in this chapter.
(Code 1980, § 20-14)


Sec. 78-14. Promotional policy.
(a)   It shall be the policy to fill vacancies above the entry level in the city service through promotion from within.
(b)   Procedures for advertising such vacancies within the city employment shall be established by the director of personnel and utilized except where impracticality can be definitely established.
(c)   Promotions shall be made on the basis of merit and fitness. When in the judgment of the department head involved and the director of personnel, no city employee possesses the requisite qualifications to properly discharge the duties of the promotional vacancy or no qualified employee applies, persons other than city employees may be selected for appointment to fill such vacancies.
(Code 1980, § 20-15)


Sec. 78-15. Political activity restrictions.
(a)   Political activities by and extending to employees of the city service are hereby prohibited as follows:
(1)   No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the city service.
(2)   No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person in the city service an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration.
(3)   No employee in the city service shall be a member of any national, state or local committee of a political party, or an officer of a committee of any fractional or political club or organization, or a candidate for nomination or election to any city elective office; or take part in the management of affairs of any political party or management or public support of activities of any candidate for public office.
(4)   No employee in the city service shall solicit contributions for any political organization or purpose, or take part in soliciting any such assessment, subscription or contribution except that such may be done to raise funds for one's own campaign for an elective office outside the jurisdiction of the city and that his solicitation shall not be done during working hours or on any city property or worksite.
(5)   No person elected to a city public office, shall while seeking or serving in such elective office, be appointed to or hold any position in the classified service.
(6)   A city employee seeking nomination or election to any elective office outside the city jurisdiction or after having been elected, thereto, may retain his position with the city only so long as the duties and activities of seeking election or of the elected position do not interfere with his work or normal working schedule with the city. Further, the city position may be retained only while no conflict of interest exists.
(7)   No elected official or department head or agent or deputy thereof, shall directly or indirectly demote, suspend, discharge or otherwise discipline or discriminate against any person in the city service for the purpose of influencing his vote, support or other political activity in any election or primary election; and no elected official or agent or deputy thereof shall use his official authority, or influence, by threats, promises or other means, directly or indirectly, to coerce the political action of any employee in the city service.
(8)   Nothing contained in this section shall affect the right of the employee to hold membership in, and support, a political party, to vote as he chooses, to express privately his opinions on all political subjects and candidates, to maintain political neutrality, or to attend political meetings.
(b)   It shall be the duty of the mayor to discipline any employee under his supervision whom he finds guilty of violating any one or more of the provisions of this section. The council may upon its own initiative, request an investigation of any officer or employee in the city service whom it reasonably believes guilty of violating any one or more of such provisions. It is further provided that any citizen, taxpayer, municipal officer or employee may file with the mayor detailed charges in writing against an employee in the city service for violating any one or more of the provisions of this section; and the mayor will effect an investigation to determine whether or not such charges are true and correct. If it should be found that any employee has violated any one or more of the foregoing provisions, the mayor shall discipline such employee as the facts may warrant.
(Code 1980, § 20-16)


Sec. 78-16. Unlawful acts prohibited.
(a)   No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter or the rules and regulations made and promulgated hereunder.
(b)   No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointments, proposed appointment, promotion or proposed promotion to, or gain any advantage in, a position in the city service.
(c)   No employee, examiner or other person shall defeat, deceive or obstruct any person in this right to examination, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the right or prospects of any person with respect to employment in the city service.
(Code 1980, § 20-17)


Sec. 78-17. Penalties.
(a)   Any person who willfully violates any provision of this chapter or of the rules established pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall be subject to such penalties as are provided in section 1-9.
(b)   Any person who is convicted of a misdemeanor under this chapter shall, for a period of six years, be ineligible for appointment to or employment in any position of the city service; and if he is an officer or employee of the city service created by this chapter, he shall forfeit his office or position.
(Code 1980, § 20-18)

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