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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. • • 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; -2- • • 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 -3- • 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 -4- i 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 -5- 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