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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