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TC Ord. No. 1981-28TOWN OF AVON ORDINANCE NO. 81-28 SERIES OF 1981 AN ORDINANCE CONCERNED WITH ESTABLISHING A PERSONNEL MERIT COMMISSION AND A PERSONNEL MERIT SYSTEM WHEREAS, the Town Council of the Town of Avon is required by the•Home Rule Charter,of the Town to establish a Personnel Merit Commission and to establish a Personnel Merit Procedure, and WHEREAS, the Town, Council of the Town of Avon desires to establish a Personnel Merit Commission and a Personnel Merit Procedure, to provide for the review of certain disciplinary actions more fully described herein, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, AS FOLLOWS: 1. ESTABLISHMENT OF PERSONNEL MERIT COMMISSION. There is hereby established a Personnel Merit Commission for the Town of Avon,for the purpose of reviewing and hearing appeals from specified disciplinary action affecting any employee of the Town. The Personnel Merit Commission shall be composed of three members, appointed by Resolution of the Town Council, who shall be qualified electors of the Town of Avon and shall serve for terms of two years, subject to removal in accordance with the provisions of the Charter of the Town of Avon, two of whose terms shall expire on the date of organization of the new town council next following those members' date of appointment, and one of whose terms shall expire on the date of organization of the new town council next following the expiration of the terms of the of the original two members. The jurisdiction of the Personnel Merit.Commission shall extend or be limited to the extent pet forth in the Home Rule Charter. 2. ESTABLISHMENT OF PERSONNEL MERIT SYSTEM. A. General Discipline. Disciplinary actions may take the form of official repremand, suspension or dismissal depending on the severity of the infraction and the employee's past performance record. For purposes of this ordinance, the term "employee" shall not include any person employed by the Town on a probationary or temporary basis, and nothing herein contained shall be construed as limiting the authority of the Town to discharge such persons with or without cause, an authority and right which is hereby established and recognized. Each department head shall have responsibility for administering repremands, suspensions, and dismissals. As a management tool disciplinary actions may result from any conduct, incident or condition which may be detrimental to the interests of the Town, its personnel, or its property, and may include, by way of example and not by way of limitation, the following situations: i. Violation of any provision of the Town and/or any Departmental Rules and Regulations; ii. Neglect of duties, or the inability to perform assigned job duties in an efficient and satisfactory manner; iii. Misconduct or negligence; iv. Failure to comply with reasonable directives and assignments made by supervisors; v. Theft or intentional destruction or willful abuse of the Town's property or another employee's property; vi. Consuming or being under the influence of intoxicants or non-prescribed narcotic or dangerous drugs while on duty. It is the responsibility of the employee to inform his or her supervisor when the employee has taken medication prescribed by an authorized physician. B. Types of Disciplinary Action. The following are examples of disciplinary actions and should not be considered all-inclusive: i. official Repremand- An official repremands shall be made in writing by the department head and submitted to the employee and the Town Manager, It shall list the specific charge or charges and shall be a part of the employee's personnel record. Such repremands shall be considered in preparing any performance evaluation, recommendation for pay increase or promotion; ii. Suspension- Suspensions may be made by the department head for serious or repetitive infractions made by the employee. Written copies of the reasons for suspension, charges, and effective date will be submitted to the Town manager and the employee. The length of the suspension shall be determined by the department head but shall not exceed ten working 6 0 days. Compensation, except insurance, shall be suspended during any period of suspension. Suspended employees may appeal the action within five working days of the suspension, pursuant to the hearing procedures provided hereunder. Employees suspended for reasons or charges not validated upon appeal by the hearing procedures shall be restored all compensation and benefits lost by the suspension. iii. Dismissal- Dismissals may be recommended to the Town Manager by the employee's department head for infractions of a severe or extreme nature, or repeti- tive infractions by the employee. Nothing herein contained shall be construed as preventing the termination of any employee for non-disciplinary reasons, including, by way of example and not of limitation, job reclassification or transfer of job duties. Dismissals shall be made in writing, stating the specific charges and reasons for the action, with copies provided to the employee and to the Town Manager. Final decisions regarding dismissals shall be made by the Town Manager. Employees shall have the right to appeal a dismissal action pursuant to the hearing procedures provided hereunder. Written notice of appeal must be submitted to the Town Manager within five working days of the dismissal action. Employees- dismissed for reasons or charges not validated upon appeal by the hearing procedures shall be reinstated in their former positions and all compensation and benefits lost shall be restored. C. Administrative Hearing. i. General. In the event an employee is terminated by disciplinary dismissal, that employee has the right to request an administrative hearing before the Personnel Merit Commission. The purpose of the hearing shall be to allow the department head and/or supervisor to present the reasons for dismissal and to allow the employee the opportunity to refute the evidence presented or to present mitigating evidence concerning the reasons brought by the department head and/or supervisor. ii. Rules of the Personnel Merit Commission. The Personnel Merit Commission (the "Commission") shall elect its own chairperson, and the Commission shall at its first meeting after its original organization or reorganization shall adopt rules governing the conduct of its affairs. Such rules shall provide, at the minimum, for a recording of any hearing, the opportunity for either side to be represented by counsel at the expense of the party desiring counsel, and for the requirement that witnesses whose testimony is received shall be placed under oath prior to the receipt of their testimony. The Rules shall further provide that the Town shall have the first opportunity to present evidence in support of its actions. Each party shall have the right of reasonable cross- examination. The Rules shall further provide the employee with the opportunity to present evidence with the employee desires, in order to refute or mitigate the evidence presented by the Town. The Rules shall make such further provision as the Commission deems necessary to provide it with all information necessary to determine the correctness of the dismissal action. 3. SEVERABILITY. If any provision, clause, phrase or section of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions, clauses, phrases or sections of applications of this Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this Ordinance are declared to be severable. Section 4. EMERGENCY CLAUSE. The Town Council hereby finds that an emergency exists due to the requirement of the Home Rule Charter for the establishment of a Personnel Merit Commission and guidelines for the Rules for such Commission, and therefore declares that this Ordinance is immediately necessary for the preservation of the public peace, health safety and welfare, and shall be effective eight days subsequent to the adoption hereof. INTRODUCED, PASSED ON FIRST READING, BY THE FOLLOWING VOTE: Larry Kumpost 4 voted Yes Sheila Davis voted Yes Bill Doyle voted Yes A.J. Wells voted Yes Allan Nottingham voted Yes Steve Erick -M voted Absent AND ORDERED PUBLISHED once in full, this 2-)4day of September, 1981. 1981. This Ordinance s TOWN 0 VON By: 11 s An V. Alpi, r 1 become effective on p, TOWN OF AVON By: &tA.C1 L J)e Ang V Alpi, a 0 0 RULES OF THE PERSONNEL MERIT COMMISSION of the TOWN OF AVON General - In the event an employee has the right to request an administrative hearing, the purpose of the hearing will be to allow the employee's supervisor or the Town Manager to present the reasons for disciplinary action and to allow the employee the opportunity to refute such evidence or present mitigating evidence concerning the reasons for disciplinary action. Rules of the Hearing - The Chairman of the Personnel Merit Commission shall preside during consideration of the appeal. The Town shall arrange for minutes and a tape recording of the proceedings to be taken. All witnesses giving testimony shall be under oath. The hearing shall be private. The Town and the employee may ne represented by counsel, at the option of each. The Town shall be given first opportunity to present the reasons for disciplinary action and to produce witnesses and any other evidence to support the action. The affected employee has the right of cross examination. Following the Town's presentation, the employee may present any evidence and/or witnesses which will refute or mitigate the reasons for disciplinary action as presented by the Town. The Town also has the right to cross examine the witnesses called by the employee, and to present evidence to rebut evidence presented by the employee. Standard of Review - Recognizing the fact that the Administration of the Town is most familiar with the personnel matters of the Town, and the necessity that the Administration of the Town be permitted to determine the most appropriate disciplinary action, when acts or omissions warranting discipline occur, the Personnel Merit Commission shall not reverse any disciplinary action directed or approved by the Town Manager unless the Commission determines (1) that the acts or omissions of the employee which resulted in the disciplinary action did not, in fact, occur, or (2) that the effect of the acts or omissions of the employee which resulted in the disciplinary action were wholely cured by the employee's conduct in mitigation of the acts or omissions of the employee.