HomeMy WebLinkAbout2013-05-29 13-178 ORDERCOUNCIL ACTION
Item No. 13-178
Date: May 29, 2013
Item/Subject: Order, Amending various Sections of the City's Personnel
Rules and Regulation
Responsible Department: Executive — Human Resources
Commentary: This Order will amend six sections of the City's Personnel Rules and
Regulations. From time to time, it is necessary to update the document to conform
with State and Federal law changes and to make housekeeping changes and needed
clarifications. These proposed changes will: add genetic information to the existing list
of non-discriminatory practices in two sections, clarify the City's layoff procedure, close
the City's most expensive group healthcare plan effective January 1, 2015, add a
section prohibiting retaliation for filing a sexual harassment or discrimination complaint,
and add a section concerning Whistleblower Protection. Where appropriate, these
amendments have been reviewed by and drafted with assistance from the City's
employment law counsel.
Department Head
Manager's Comments: Recommended for approval by Government Operations
Committee on 5/20/13
City Manager
Associated Information: Order
Budget Approval:
Finance Director
Legal Approval:
Solicitor
Introduced for
X Passage (Consent Agenda)
First Reading Page _ of
Referral
Assigned to Councilor Baldaccl
CITY OF BANGOR
13-178
MAY 29, 2013
(TITLE.) Order, Amending various Sections of the City's Personnel Rules and Regulations
Be it Ordered by the Bangor City Council that
the City's Personnel Rules and Regulations are hereby amended as follows :
2.3 Non -Discrimination
The City shall administer and implement these Rules and Regulations In a manner that
shall not discriminate unlawfully against any person because of race, color, religion, sex,
national origin, age, physical or mental disability, genetic information or sexual
orientation. Furthermore, the City shall take affirmative action to enhance the
opportunities for minority group members, where they may be underutilized.
4.1 Non Discrimination and Affirmative Action
In the recruitment, appointment, training, promotion, retention, compensation, or any
other personnel action, there shall be no discrimination against any person due to that
person's race, religion, color, deed, sex, age, marital status, disability, sexual
orientation, genetic information, or other discrimination in any manner prohibited by
applicable laws, or in violation of the City's Affirmative' Action Program.
6.7 Reductions In Force
6.7.1 Ordinarily, employees in a position which is to be reduced or eliminated shall
be reduced or laid off by length of service within their respec ve Department or
Division and within a classification, pay grade, and position title, with the least
senior employee being laid off first. Seniority is defined as continuous
permanent City service, including probationary time from the most recent date of
hire. Exceptions to this rule of seniority may be made in special circumstances
when it is determined by both the Department Head and the City Manager to be
in the best interests of the City to retain an employee who would otherwise be
scheduled for a layoff. In such circumstances, an employee with greater
seniority may be laid off before an employee with less seniority. Job
performance and ability to perform the remaining work shall be considered in
any such special circumstance.
IN CITY COUNCIL
May 29, 2013
P ss
CITY CLKRK
13-178
MAY 299 2013
7.7.2 Health and Major Medical Insurance
Effective January 1. 2015 the CIGNA Open Access Plus 100% plan shall be
closed. and any employee in that plan wishing to continue in the City's group
health insurance plan shall transition to another health plan offered during the
December 2014 open enrollment period. Prior to those dates. the City may
implement changes to in the orderly- transition to close the plan.
9.7 Sexual Harassment
No employee will be subject to any farm of retaliation or disciplinary action for
pursuing in good faith a harassment or discrimination complaint or for
participating in the investigation of any such complaint.
9.11 Whistleblower Protection
9.11.1 The City of Bangor will not take disciplinary action, threaten. retaliate or
treat an employee differently because the employee has:
a) reported a violation of the law
b) rerr grted something that risks someone's health or safety
c) refused to do something that will endanger the employee's life or
someone else's life and the employee has asked for it to be corrected
d) been involved in an investigation or hearing being held by the
government
9.11.2 An employee is protected by this law only if the employee has informed
his/her Division or Department Head. Assistant City Manager/Human
Resources Director, or City Manager and allowed a reasonable time
for the issue/concem to be corrected. or the employee has a good
reason to believe that the City will not correct the problem.
9.11.3 To report a violation. unsafe condition or practice. or an illegal act an
em Moyes should contact either his/her Division or Department Head,
Assistant City Manager/Human Resources. or City Manager
Note: Additions are underlined, deletions are STT