Charter Ordinance No. 18a

A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NOS. 5, 7, 8, 10 AND 15 OF THE CITY OF CANEY, KANSAS; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT MATTER, RELATING TO THE APPOINTMENT OF CITY OFFICERS AND THE TERMS OF OFFICE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:

ARTICLE 1. Charter Ordinance Nos. 5, 7, 8, 10 and 15 of the City of Caney, Kansas, relating to the Appointment of City Officers and the terms of office shall be, and on the effective date of this Ordinance, are hereby repealed.

ARTICLE 2. Section 3 of Charter Ordinance No. 2 of the City of Caney, Kansas, shall remain repealed.

ARTICLE 3. The following substitute and additional provisions the appointment of City Officers and the tenures of hereby adopted as of the effective date of this of this Ordinance:

SECTION 1. Definitions of Terms. As used in this Charter Ordinance:

(A) “City Administrator” shall mean the City Administrator of Caney, Kansas;

(B) “Department Head” shall mean, in the case of the police and ambulance departments, the Chief of Police of Caney, Kansas; in the case of the city clerk’s office, the City Clerk of Caney, Kansas; and in the case of the water, street, sewer and solid waste departments, the City Superintendent of Caney, Kansas;

(D) “Employee” shall mean any non-elected officer or employee of the City of Caney, Kansas;

(1) “Regular, full-time employee” shall mean a person who is employed to work a normal work week of at least forty (40) hours on a regular and continuing basis and who has successfully completed the initial training period;

(2) “Regular, part-time employee” shall mean a person who is employed to work less than a normal work week of forty (40) hours on a regular and continuing basis and who has successfully completed the initial training period;

(E) “Trainee” shall mean a regular employee in their initial six months of employment or any extension thereof;

(F) “Temporary Employee” shall mean a person employed to work on a regular and/or recurring basis during a specific season or portion of the year;

SECTION 2. Recruitment of Employees. The following procedure is hereby adopted by the City of Caney, Kansas, for the recruitment of new employees:

(A) It shall be the po1icy of the City to provide fair and equal opportunity to all qualified persons to enter City employment on the basis of demonstrated merit and fitness determined by fair and practical methods of selection, without regard to race, color, sex, disability, religion, age, veteran status, national origin or ancestry.

(B) All new applicants for any position with the City shall meet the minimum qualifications established for that position. Each applicant shall complete a job application form. Any misrepresentation or omission of material facts shall be grounds for immediate disqualification or termination of employment. A medical examination or other testing, including drug testing, may be required only after a conditional offer of employment has been made, provided that, such exams or testing are required of all such applicants who are offered employment in the position or position classification. The offer of employment is contingent upon the applicant passing required tests. If he/she is recalled from separation after having been off work for more than ninety (90) days, he/she shall be required to be reexamined. The Employer shall pay for all examinations under this Article. Every employee shall, within 30 days of employment, obtain and maintain in their place of residence a working telephone with a local telephone number at which they can be reached.

(C) Each regular employee, following employment, shall undergo an initial training period of six (6) months in order to achieve a minimum level of competency. The City Administrator, at his/her discretion, may extend any employee’s initial training period for an additional six (6) months if he/she considers it to be in the best interest of the City. This time period is designed to enable the City to observe and evaluate the new employee’s performance and potential. Subject to the other provisions of this Ordinance, successful completion of the initial training period or any extension thereof does not imply a guarantee of continued employment. Employees in their initial training period may be terminated with or without cause.

SECTION 3. Procedures for Recruiting New Employees. The following procedure is hereby adopted by the City of Caney, Kansas for the recruitment of new employees:

(A) The City Administrator and/or Department Head shall advertise for job applications in four (4) area newspapers: Caney, Coffeyville, Independence, Kansas, and Bartlesville, Oklahoma. Newspaper advertisements for job applications shall include the following:

(1) Description of the job available;

(2) List of required qualifications for any employment position; and

(3) The deadline for applications, which shall be at least two (2) weeks from the date the advertisement is first published in one of the four (4) aforementioned newspapers.

(B) The City Administrator and/or the Department Head shall contact the unemployment offices servicing the Caney, Coffeyville, Independence, Kansas, and Bartlesville, Oklahoma areas.

SECTION 4. Hiring and Employment of New Employees. The following procedure is hereby adopted by the City of Caney, Kansas, for the hiring and employment of new employees.

(A) In hiring new employees, the following general factors, together with any other appropriate factors not listed, should be considered:

(1) Whether applicant is of majority age;

(2) Work experience of applicant;

(3) Education and training of applicant;

(4) Physical ability of applicant to perform job functions; and

(5) Residence of applicant (preference given to city residents of qualifications).

(B) The prospective employee shal1 be interviewed by the city Administrator and/or Department Head and shall meet the minimum qualifications established for the position by the City Administrator and/or Department Head.

(C) After the initial interviews have been conducted by the City Administrator and/or Department Head, and the deadline for applications has expired, the City Administrator shall submit and furnish to the Governing Body of the city of Caney the names, employment applications and personnel files of the three (3) applicants whom the City Administrator and/or Department Head consider best qualified for the position to be filled, along with their hiring recommendations.

In the event of the proposed promotion of a current City employee, the procedure set forth in this section need not be followed, unless the Governing Body does not approve the promotion.

SECTION 5. Action by the Governing Body. The Governing Body of the City of Caney may, at any meeting, request the presence of:

(A) The applicants who have been recommended by the city Administrator and/or Department Head for employment (or promotion); and

(B) The City Administrator or Department Head, as appropriate.

During the course of its meetings, the Governing Body may solicit any comments or recommendations of the City Administrator or Department Head, as appropriate, and may give each prospective job applicant an opportunity to speak on his or her behalf with respect to the position to be filled. The Governing Body may make such further inquiries of the prospective employee, City Administrator or Department Head as they deem necessary. At the conclusion of its meeting, the Governing Body shall either accept or reject the first recommendation of the City Administrator and/or Department Head for employment. In the event the first recommended applicant for employment or promotion is not accepted, the Council shall either accept or reject the second recommendation for employment. If that recommendation is not accepted, then the council shall either accept or reject the third recommendation for employment. In the event all recommended applicants are rejected for employment by the City Council, or in the event the City Council does not accept the recommendation of promotion of a current employee, the City Administrator and/or Department Head may submit the names of other applicants for employment for approval by the Governing Body, or direct the City Administrator to begin the hiring process anew.

SECTION 6. Employer’s Rights. All management rights, inherent management rights, functions, responsibilities and authority not specifically limited by the express terms of this Ordinance are retained by the Employer and remain exclusively within the discretion and jurisdiction of the Employer.

These rights, powers and authorities of the Employer include, but are not limited to the following:

1. The right to direct the work of its employees;

2. The right to hire, promote, transfer, assign and retain employees in positions within the city;

3. The right to suspend, demote or discharge employees for proper cause;

4. The right to maintain the efficiency of governmental operations;

5. The right to relieve employees from duties because of lack of work or for legitimate reasons;

6. The right to take action as may be necessary to carry out the mission of the City in emergencies and;

7. The right to determine the methods, means and personnel needed to carry on operations.

The listing of the foregoing rights, powers and authority are not in any way intended to be exclusive, but are merely intended to illustrate the rights of the Employer. However, the rights described herein may be limited by other terms and conditions of this Ordinance.

SECTION 7. Discipline and Termination.

The provisions of this Ordinance hereafter set forth concerning discipline and termination of employment of employees shall not apply to part-time employees, who shall be considered employees at will and whose employment may be terminated by the City Administrator, Mayor or Department Head, without notice, cause, or hearing.

SECTION 8. Term of Employment--Regular, Full-time Employees. The term of employment of regular, full-time employees of the City of Caney, Kansas, shall be so long as the employee continues in the faithful performance of his or her job duties; subject, however, to each and every provision of this ordinance and the need or desire to reduce the workforce.

SECTION 9. Disciplinary Actions--General Policy. The purpose of discipline is to ensure high standards of performance and efficiency, to maintain good working relationships among employees, and to provide the citizens of the City with the highest possible level of courteous and professional public service. Discipline in the City organizations is for the most part “self” discipline. It is the duty of the employees to make conscientious effort to work and behave in accordance with the values, service standards, policies and guidelines of the City and the department in which they work. Each employee is expected to be self-disciplined and to work hard at being the best at what they do and in helping the City provide a high level of public service. When an employee does not exercise adequate self-discipline or is not successful in meeting the requirements of their job, it may be necessary for the City Administrator, Mayor or the Department Head to consider disciplinary actions to correct the problem. Discipline and discharge will be for proper cause.

SECTION 10. Disciplinary Actions. The following types of disciplinary actions are officially recognized. The type of disciplinary action taken to correct an act of misconduct, negligence or unsatisfactory performance does not have to follow the steps identified below in any particular order or sequence. The disciplinary action taken shall be reflective of the severity of the misconduct, negligence or unsatisfactory performance, any prior incidents of the same or similar misconduct, negligence or unsatisfactory performance, the employee’s past performance and conduct, and any other pertinent factors that relate to the misconduct, negligence or unsatisfactory performance.

1. Verbal Warnings. A verbal warning is an oral reprimand given to an employee by their Supervisor, Department Head or City Administrator. A written record of the warning shall be recorded in the employee’s file.

2. Reprimand. A reprimand is a written censure to an employee by their Supervisor, Department Head or the City Administrator, a copy of which shall be recorded in the employee’s personnel file. Reprimands shall not be used as the basis for disciplinary action after five (5) years from the date of the reprimand.

3. Probation. Probation is a trial period of a specific length of time during which an employee is required to fulfill a set of conditions or to improve work performance, or to improve on the job behavior. Failure to meet the probationary requirements may result in additional disciplinary actions. It is to be distinguished from the training period for initial employment or change of jobs.

4. Demotion. A demotion is the placement of an employee into a position of a lower pay range.

5. Suspension. A suspension is the removal of an employee from service, with or without pay, for a specific period of time. An employee placed on suspension shall not be present at their work site without written permission from the City Administrator or Department Head.

6. Dismissal (Discharge or Termination). Dismissal is the removal of an employee from City employment.

Any employee who is dismissed from service shall receive his or her final paycheck (including any accrued vacation leave, compensatory time, and personal days due to the employee) on the first regularly scheduled pay day following his or her termination.

SECTION 11. Procedure for Disciplinary Action.

Whenever a situation warrants the application of disciplinary action (s), other than a verbal warning, the City Administrator, Supervisor, or Department Head shall:

1. Following the completion of any necessary internal review or investigation, document the misconduct in writing;

2. Meet with the employee to review the misconduct, negligence or unsatisfactory performance and the proposed disciplinary action. The meeting should be private and include only the employee, City Administrator, Supervisor, Department Head or other persons requested to be present by the City Administrator or the Department Head.

3. Give the employee an opportunity to refute the facts or argue against the proposed disciplinary action. The employee may submit comments in writing to be attached to the record of the disciplinary action.

4. Make a final decision as to the disciplinary action.

5. Notify the employee of the action in writing, except for verbal warnings. A copy of the documentation of the misconduct, negligence or unsatisfactory performance and written documentation as to form of disciplinary action taken shall be inserted into the employee’s personnel file.

6. The following action shall be taken at the time of dismissal from employment:

(a) A termination conference will be conducted by the supervisor, Department Head, or City Administrator, with the employee in the presence of the Mayor or City Council President, either of whom shall be acting in non-supervisory capacity;

(b) The City Administrator, Mayor or Department Head, as appropriate, will complete the notice form and file it in the employee’s personnel file;

SECTION 12. Administrative Leave (Suspension).

In the case of acts of violence or other flagrant misconduct, serious safety violations, or criminal offense, any employee may be suspended immediately, with or without pay, pending an investigation and review of the matter.

An employee may be suspended with pay when they have been arrested for a crime and are awaiting legal adjudication. An employee may be suspended with pay when they have been charged with misconduct while on the job or when an internal investigation is being conducted.

An employee suspended for the above reasons shall not be present at the work site without written permission from the City Administrator · or the Department Head and, if requested, the employee shall turn in all City issued equipment.

SECTION 13. Misconduct Subject to Disciplinary Action.

The following is a list of misconduct which may subject an employee to disciplinary action. This list; is not; exclusive, it; is only representative of the types of misconduct which subject; an employee to disciplinary action. In some cases, these acts may warrant dismissal (even if it is a first offense) rather than some lesser form of discipline.

1. Failure to follow prescribed safety procedures including failure to notify his or her supervisor of unsafe working conditions.

2. Violation of personnel policies and guidelines or departmental policies and guidelines.

3. Inattention to duty, carelessness, breakage or loss of public property or funds.

4. Incompetency or inefficiency in the performance of the duties of their position.

5. Insubordination or other breach of discipline.

6. Discourteous or disruptive conduct or other offensive behavior in public, to the public or to employees and officers of the city.

7. Abuse of leave, excessive absenteeism or tardiness.

8. Temporarily leaving the workplace without the approval of their Supervisor. (Inc1udes extended break periods).

9. Failure to give proper notice of absence.

10. Sleeping on job.

11. Use of alcohol or drugs off the job, to the extent that the employee’s job performance or effectiveness as a City employee is impaired.

12. Inducing or attempting to induce any officer or employee of the City to commit an unlawful act or to act in violation of any lawful or official order, regulation, or policy.

13. Unauthorized possession of firearms or other weapons on the job.

SECTION 14. Causes for· Dismissal.

Examples of serious misconduct for which an employee may be dismissed are listed below. The following list is not exclusive, it is only representative of the types of misconduct which subject an employee to dismissal causes for dismissal under this section also constitute misconduct for which an employee may be subjected to disciplinary action other than dismissal.

1. Conviction of a felony or conviction of driving under the influence while operating a City vehicle.

2. Willful or continued violation of City or departmental safety policies and procedures, or willful or negligent creation of unsafe conditions in the workplace.

3. Willful or continued violation of personnel policies and guidelines or departmental guidelines

4. Negligent or willful damage to public property or waste of public supplies or equipment.

5. Wrongful taking or using any funds or property of the City or the making of any false claim against the City.

6. Gross incompetency, neglect of duty or willful or continued failure to render satisfactory service.

7. Refusal to abide by any lawful official regulation or order, failure to obey any proper direction made by the City Administrator, a Supervisor or Department Head or knowingly making a false statement to any employee or officer of the City.

8. Claiming leave time under false pretenses or falsifying attendance records for one’s self or another employee.

9. Absence without leave.

10. Violation of the City’s Drug and Alcohol Abuse Policy.

11. Violation of the City’s sexual harassment policy.

12. Disclosing confidential records or information unless directed to do so by the City Administrator, Department Head or Supervisor.

13. Revocation or suspension of a certification or license, including a driver’s license, when such is required as a condition of City employment.

14. Material falsification of application for City employment or making a false statement or report in regard to any test, certification or appointment or any attempt to commit any fraud that violates the merit principles of personnel administration.

15. Giving or attempting to give any monetary consideration, or the delivery of undeserved service to or from any person or organization for, or in connection with, any test or appointment.

16. Taking or offering to take from any person for the employee’s personal use, any fee, gift or other thing or service of value, in the course of his or her work or in connection with it, when such gift or other valuable thing or service is given in the hope or expectation of receiving a favor or better treatment than that accorded any other person; accepting a bribe, gift, money or other thing or service of value with the intention to perform or refrain from performing any official act; engaging in any act of extortion or other means of obtaining money or other things or services of value through his or her position in the service of the City.

17. Discharge of duties in a manner which results in discrimination to any person on the basis of race, religion, color, sex, age, disability, veteran status, national origin, or ancestry.10

18. Employees absent without leave and without calling to report their absence for three consecutive working days shall be considered to have voluntarily resigned their employment.

SECTION 15. Right to Hearing.

Any employee of the City of Caney, Kansas, who has received a written warning, notice of suspension without pay, loss of accumulated vacation or personal leave, demotion in rank or grade, investigatory suspension or termination of employment shall be entitled to a hearing before the City Council of the City of Caney, Kansas, within a reasonable time after such notice of suspension, demotion, discharge, or other disciplinary action. The following procedure with regard to such hearing shall be followed:

1. The employee receiving a written warning, notice of suspension or termination shall submit a written request to the City Council for a hearing, within a reasonable time, not to exceed thirty (30) days.

2. Upon receipt of such request, a hearing will be scheduled by the City Clerk or Assistant City Clerk.

3. The City Clerk or Assistant City Clerk shall cause written notice of · the time, date and · place of such hearing to be mailed to the employee requesting a hearing by certified mail, return receipt requested. .

4. At such hearing, the employee shall be entitled to be present in person and with counsel, to present witnesses on his or her behalf, and to confront witnesses against him or her.

5. At the conclusion of such hearing, which may be adjourned or continued if necessary, the Governing Body shall vote to either:

a. Ratify and confirm the termination and discharge, other disciplinary action imposed, or written warning issued regarding such employee; or

b. Suspend and set aside the termination of employment of such employee, loss of accumulated vacation or personal leave, restore such employee to the grade or rank held by the employee immediately prior to the disciplinary action, reinstate such employee, either with or without any back pay or accrued benefits, or set aside the written warning notice and delete the same from the employee’s personnel file, as appropriate.

6. At the request of either the City or the employee, such hearing, whether conducted in full in open session or in part in executive session, shall be audio-taped, except those portions in which the council engages in deliberations, attorney-client discussion, or other exceptions which apply to the Kansas Open Meetings Act, K.S.A. 75-4317, et· seq., as hereafter amended or supplemented.

SECTION 16. Resignation. Any employee may resign by submitting his/her written resignation, preferably not less than fourteen (14) calendar days prior to the proposed last day on the job.

ARTICLE 4. The Employee Policy Manual for the City of Caney shall be amended to reflect the provisions of this Charter Ordinance.

ARTICLE 5. The provisions of this Charter Ordinance shall not apply to the City Administrator, who shall be governed by Ordinance No. 1048 and other applicable statues, ordinances and employment agreements.

(03-16-1998)