TC Ord. No. 1983-38•
TOWN OF AVON
ORDINANCE NO. #83-38
SERIES OF 1983
AN ORDINANCE AMENDING ORDINANCE NO. 81-28
RELATING TO THE PERSONNEL MERIT COMMISSION
AND THE PERSONNEL MERIT SYSTEM OF THE TOWN
OF AVON.
WHEREAS, the Town Council of the Town of Avon has
previously adopted Ordinance No. 81-28, establishing a
Personnel Merit Commission and a Personnel Merit System; and
WHEREAS, the Council desires to conform the Personnel
Merit System and the Personnel Merit Commission to other
personnel policies of the town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, AS FOLLOWS:
Section 1. That Section 2.24.010 of the Municipal Code
of the Town of Avon shall be and hereby is amended to read
as follows:
2.23.010 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 entitled to such
appeal by the provisions of the Town Charter. 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 original two members. The
jurisdiction of the Personnel Merit Commission shall extend
or be limited to the extent set forth in the Home Rule
Charter.
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2.24.020 Disciplinary Action - Authorized.
Disciplinary guidelines shall be established by
Personnel Policies and Procedures adopted by the Town
Council or, in the absence thereof, by policies established
by the Town Manager. Disciplinary actions may take the form
of official reprimand (for example, a verbal or written
warning) suspension or dismissal depending on the severity
of the infraction, the employee's past performance record,
and personnel policies applicable to the employee. For
purposes of this Chapter, the term "employee" shall not
include any person employed by the Town on a probationary or
temporary basis, nor any person excluded from the
jurisdiction of the Personnel Merit Commission by the Town
Charter, 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 and
the Town Manager shall have responsibility for administering
all disciplinary actions. 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:
A. Violation of any rule or regulation of the
Town and/or any Departmental Rules and Regulations;
B. Neglect of duties, or the inability to
perform assigned job duties in an efficient and satis-
factory manner;
C. Misconduct or negligence;
D. Failure to comply with reasonable directives
and assignments made by supervisors;
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E. Theft or intentional destruction or willful
abuse of the Town's property or another employee's
property;
F. 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.
Section 3. Section 2.24.030 of the Municipal Code of
the Town of Avon shall be and hereby is amended to read as
follows:
2.24.030 Disciplinary Action - Designated.
Disciplinary action shall be taken in accordance with the
Personnel Policies and Procedures or in the absence thereof,
with policies established by the Town Manager.
The following are examples of disciplinary actions
and situations in which such disciplinary actions should be
imposed and shall not be considered all-inclusive:
A. Official Reprimand - An official reprimand
(which shall include a verbal or written warning) shall
be made by the department head and communicated to the
employee and documented to the Town Manager and the
employee's file. It shall list the specific charge or
charges and a memorandum thereof shall be a part of the
employee's personnel record. Such reprimands shall be
considered in preparing any performance evaluation,
recommendation for pay increase or promotion;
B. 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 days.
Compensation, except insurance, shall be suspended
during any period of suspension. 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.
C. 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 termina-
tion 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
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regarding dismissals shall be made by the Town Manager-.
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.
Section 4. Section 2.24.040 of the Municipal Code of,
the Town of Avon shall be and hereby is amended to read as
follows:
2.24.040 Administrative-Hearing.
A. General. In the event an employee is.the
object of disciplinary action of any kind, that
employee has the right to request an administrative
hearing before the Personnel Merit Commission. Written
notice of an appeal shall be filed with the Town
Manager within five days-of the date the employee is
notified, in person or by mail, of the disciplinary
action. The purpose of the hearing shall be to allow
the department head, supervisor, and/or Town Manager 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,
supervisor, and/or Town Manager.
B. 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 disciplinary action.
Section 4. 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
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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.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED THIS 8th day of November, 1983, and a
public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 22nd day of November, 1983, at 7:30 P.M.
in the Municipal Building of the Town of Avon, Colorado.
Allan R. ottingha , Mayor
AT
Patricia J. Do e;
Town Clerk
f
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED THIS,:;,q_ 2~DAY OF , 1983.
Allan R. Nottingham,Mayor
Town Clerk
M111183
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 22ND DAY OF
NOVEMBER, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF
ORDINANCE N0.#83-38, SERIES OF 1983:
AN ORDINANCE AMENDING ORDINANCE NO.#81-28 RELATING TO THE PERSONNEL
MERIT COMMISSION AND THE PERSONNEL MERIT SYSTEM OF THE TOWN OF
AVON
A copy of said Ordinance is attached hereto and is also on file
at the office of the Town Clerk and may be inspected during regular
business hours.
Following this hearing, the Council may consider final passage
of this Ordinance.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 9th day of November, 1983.
AVON, CO
3
_j 4p- «LG/ - J
atricia J. D le,
own Clerk V
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
NOVEMBER 14, 1983:
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING