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HomeMy WebLinkAboutORD 7234 AMEND ARC CODE TITLE SECTIONS 1-7-11 THROUGH 1-7-21 TO AMEND THE PERSONNEL SYSTEM ORDINANCE NO. 7234 AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE TWO SECTION(S) 1 -7 -11 THROUGH 1 -7 -21 TO AMEND THE PERSONNEL SYSTEM; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta, Georgia desires to update and amend the Code as related to the Personnel System; WHEREAS, it is the desire of the Commission to update and improve the Personnel System provisions applicable to Augusta, Georgia employees; THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. Augusta, Ga. Code Sections 1 -7 -11 through 1 -7 -19 as set forth in the Augusta, Ga. Code, re- adopted July 10, 2007, is hereby amended by striking each section in its entirety and inserting in lieu thereof new Code Sections 1 -7 -11 through 1 -7 -19, restated as set forth in "Exhibit A" hereto. SECTION 2. AUGUSTA, GA. CODE Sections 1 -7 -20 and 1 -7 -21 as set forth in the Augusta, Ga. Code, re- adopted July 10, 2007, is hereby amended by inserting in lieu thereof new Code Sections 1 -7 -20 and 1 -7 -21, restated as set forth in "Exhibit B" hereto. SECTION 3. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this / day of , 7 - z , 2011 C.( - A ; A flim David S. Cope aver 4 c 0'' n���^ � ' M As its Mayor Atte ; ( / ° ® ®� VA 3 �`D/ (( ccr I e rg © o ,� _ , riission ESI. © T e .i (• �� ° 0_ 1996 ,04 ‘) ° 4 Seal: ® ®p-®�®q• s di Q t ) ® t Gj gG N Publish in vista Chronicle March 17, 2011 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on March 1st , 2011 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance whic as approved and adopted in the foregoing meeting(s). 1111 L - a J. Bo r, Clerk of Commission Published in the Augusta Chronicle. Date March 17, 2011 First Reading: Feb 15, 2011 Second Reading: March 1,st Exhibit A Scc. 1 7 11. Pcrsons included and cxcludcd Gcncrally. -- . .. - - •- - ccpt thc following: director of recrction; dircctor of Daniel Ficld; dircctor of Human Resources; dirceter of the fire department; director of indigent dcfcnsc; control; director of thc Richmond County Cerrcctional Institute; director of Augusta Rcgional Airport at Bush Ficld; director of finance; director of housing & neighborhood development; dircctor of Main Street Augusta; Administrater; director of information tcchnology; director of purchasing; tax assessor; director of license arid inspections; dircctor of trees and landscapc; director of human relations; county attorney; director of emergency management; clerk of -- . ... (Ord. No. 6939, § 2, 1 2 07) Scc. 1 7 12. Inclusion of prcscnt cmployccs. - - - - • - .. . cction 1 7 11 and not excluded in thc future undcr the provisions of section 1 7 11 shall be covered under thc personnel system without furthcr examination. Scc. 1 7 13. Pcrsonncl board Established, composition; appointmcnt, terms of office, scicction of mayor, filling of vacancies; removal from office; compensation. . - - - ' -- . - . .• - . . - .. • . ' • , . . .. . . .,- board composcd of ten (10) citizens of Augusta Richmond County of known interest in the • • • - - - • . - . • . - : artial scicction of qualified and efficient personncl appoint two members) to be appointed for terms of four (4) ycars; provided, howcvcr, thc initial - : - - • - . -.• 1 board serving as of January 1, 1997, shall continue to serve until • - .. appointed by thc Commissioner representing the respective District and qualified and arc to represent the districts as herein set forth, to wit: Term Expires a. Colis Ivey District 1 3/31/98 b. Dr. Velma Curtis District 2 3/31/2000 c. Jamcs Watson District 3 3/31/98 d.Deborrall-Howara District 4 3/31/2000 ■ • f Appointment TBA District 6 3/31/2000 • ■. • , AAA h. Robert W. Silas District 8 3/31/2000 i. Appointment TBA District 9 3/31/98 j. William Mayficld District 10- 3/31/2000 (3) Thc successor to the member represcnting District 7 shall serve until March 31, 1998, or until 00-Members-of thc board appointcd by the Comer of the respective Districts to succccd thosc appointed in subscctions 2 and 3 hereof shall serve for terms -of office of four (4) y ars and (5) Should thc Richmond County Legislative Delegation cheese to appoint two (2)members aJ • - - • - - - . • : ation Act, such members sly serve for a term of four (4) ymrs and until their successors are appointed and wed. In the event thc appointed authority of the Legislative Dcicgation is removed from the Consolidation Act, this subscction shall automatically bc repcled. 1 of the applicable ycar. ' : - - . - - . .. - : lard may bc removed from office prior to the expiration of his afforded a hearing bcforc thc Augusta Richmond County Commission pursuant to section 1 1 2(b) and section 1 4 3. - 1 - .. time actually devoted to the business of the beard, net exceeding thirty (30) days in any calcndar ycar, and shall bc reimbursed for - actual and nceessary travel cxpcnscs. Scc. 1 7 14. Samc Meetings. All meetings --ef thc personnel board shall bc held in thc chambers of thc Commission in the of its duties. Scc. 1 7 15. Same Purposc; dutics and powcrs. qualified-personnel:- • • - (1) [Thc personnel board shall havc thc responsibility] to propose-rules-and-regulations and maintenance of job classification and compensation plans, thc conduct of examinations for .. . • . , . - , . - . • . , ..,. , . , . _, , ... . ., . prohibit political activity by an employee covered by thc personnel systcm or thc personncl board. Thc rulcs and regulations may provide for establishment of a register of persons eligible for appointment undcr thc personnel systcm. Said rules and regulations when proposed by the commissioncrs shall havc authority to amend, change or make additions to any rulcs and (2) [Thc personnel board shall havc responsibility] to conduct hearings and rcndcr decisions on dismissals and to hear app als from any cmploycc who cl ' -• - . • - .. . • . - - - ward shall considcr only complaints or grievances of cmployces as to (3) The personnel board shall keep and maintain an accurate record of minutes and shall be authorized to hire a clerk to keep and maintain its minutes; the compensation of such cicrk is to additions to, and changes in said rules -and reams from timc to time; and, when said shall havc thc force of law and bc binding on all parties affected by said personncl systcm. Scc. 1 7 16. Same Paymcnt of costs from county funds. Scc. 1 7 17. Dircctor of human rcsourccs. The Augusta Richmond County Commission shall scicct and :.. • - • - • • • Scc. 1 7 18. Limitation on cmploycc's right of action. No cmploycc shall bc entitled to any typc of action, complaint or gricvancc proccdurc as to dismissal until such employee has been in continuous employment for twelve (12) consecutive Scc. 1 7 19. Employcc dismissal, right to appeal. department or office cxccpt for good cause and in accordance with thc rules and regulations Secs. 7- 2A- -1 -7-30:-Res ed REPLACE WITH: Sec 1 -7 -11 Persons Included and Excluded - enerally All employees of the governing authority of Augusta, Georgia are hereby placed under the personnel system except the following: Elected officials; employees and officers of elected officials where such elected official has elected for such employees to be excluded; Director of Recreation; Director of Daniel Field; Director of Human Resources; Director of the Fire Department; Director of Indigent Defense; Director of Engineering; Director of Utilities; Director of Public Services, Director of Public Transit; Director of Animal Control; Director of the Richmond County Correctional Institute; Director of Augusta Regional Airport at Bush Field; Director of Finance; Director of Housing & Neighborhood Development; Director of Main Street Augusta; Administrator; Deputy Administrators; Director of Information Technolo ' x Director of Procurement Tax Assessor Director of License and Ins s ections- General Counsel De out General Counsels Director of Emer ' enc Mana ' ement• Clerk of Commission and Director of Equal Employment Opportunity; Disadvantaged Business Enterprise Liaison. Other department heads and professional positions in county government under the Jurisdiction of the Augusta, Georgia Commission may also be excluded by said Commission by appropriate resolution. Sec. 1 -7 -12. Inclusion of Present Employees• All those individuals already employed by Augusta, Georgia and not excluded herein under the provisions of section 1 -7 -11, as may be amended, shall be covered under the personnel system without further examination. Sec 1 -7 -13 Personnel Board — Established; omposit Appointment; Terms of Office; Selection of Members; Filling of Vaca ncies; Removal from O ffice} ompensation (A) There is hereb established b the governing authority of Augusta, Georgia a Personnel Board composed of ten (10) citizens of Augusta, Georgia of known interest in the improvement of public administration, who are qualified to perform the duties provided herein (plus an additional two members should the Richmond County Legislative Delegation choose to appoint two members). (B) Members of the Personnel Board appointed by Commissions of their respective Districts shall serve on the board for terms congruent with the term(s) of their appointing Commissioners and continue to serve until their successors are duly appointed, qualified. and are to represent the Districts as herein set forth; provided, however, that: 1 Exce et as . rovided herein members of the Personnel Board of Au • usta Georgia who were serving on said board prior to January 1, 2011, shall serve until their fixed term has expired and continue to serve until their successors are appointed by the Commissioner representing the respective Districts, are qualified, and are to represent the Districts as herein set forth, to wit: Appointment Term Expires a. Aisha Leverett District 1 4/01/2010 3/31/2013 b. Vacant District 2 c. Clay Ward District 3 6/10/2010 3/31/2013 d. Vacant District 4 e. Gwendolyn Allen- Robinson District 5 3/16/2010 3/31/2013 f. Donald D. Smith, Jr. District 6 6/01/2008 3/31/2011 g. Dr. Ralph Walker District 7 5/04/2010 3/31/2013 h. Vacant District 8 i. J.R. Riles District 9 12/07/2010 3/31/2014 j. David (Chip) Barbee District 10 9/02/2008 3/31/2011. (2) The membership of Members of the Personnel Board appointed by the Commissioners of the respective Districts to succeed those previously appointed as detailed in subsection (B)(1) hereof shall automatically terminate upon the termination of the appointing Commissioner's incumbency. Such Members shall continue to serve until their successors are appointed and qualified. (C) Should the Richmond County Legislative Delegation choose to appoint two (2) members as provided in the Consolidation Act, such members shall serve for a term of four (4) years and until their successors are appointed and qualified. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. (D) Personnel Board members a • . ointed b Commissioners ma be removed from office by their appointing Commissioner at any time prior to the expiration of his or her term with or without cause. (E) Members of the Personnel Board shall be paid the sum of fifty dollars ($50.00) per diem for time actually devoted to the business of the board, not exceeding thirty (30) days in any calendar year, and shall be reimbursed for actual and necessary travel expenses. Sec. 1 -7 -14. Same — Meetings. All meetings of the Personnel Board shall be held in the Chambers of the Commission in the Municipal Building of Augusta, Georgia. Said board shall hold regular meetings as may be required for the proper discharge of its duties. Sec 1 -7 -15. S ame —Purim; Duties and Powers. (A) Purpose. It shall be the duty, function and responsibility of the Personnel Board to represent the interests of the public in the dismissal of personnel from the employ of Augusta, Georgia. (B) Duties and Powers. The duties and functions of the Personnel Board shall be as follows: (1) The Personnel Board shall have responsibility to conduct hearings and render decisions on dismissals and to hear appeals from any employee who claims to have been improperly dismissed. The Personnel Board shall consider only complaints or grievances of employees as to dismissals. All complaints or grievances of any employees as to lesser forms of discipline shall be considered in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual. (2) The Personnel Board shall keep and maintain an accurate record of minutes and shall be authorized to utilize a clerk to provide administrative support for the board and kee and maintain its minutes• such clerk shall be chosen b the Chairperson of the Personnel Board from the full -time employees of the Human Resources Department and shall receive his or her normal salary for time spent performing the duties of the clerk of the Personnel Board. While acting in the role of the clerk of the Personnel Board, such person shall answer and report only to the Chairperson of the Personnel Board. Sec 1 -7 -16 Same — Payment of costs from Augusta, eorgia funds All costs for salaries, fees, expenses, personnel, and supplies for the operation of the Personnel Board and its office shall be paid out of Augusta, Georgia funds with prior approval of the Board of Commission. Sec. 1 -7 -17. Directo of human resources Augusta, Georgia shall select and ap • oint a . ualified . erson as Director of Human Resources and shall fix his or her compensation. Sec. 1 -7 -18. Limitation on employee's right of action. No employee shall be entitled to any type of action, complaint or grievance procedure as to dismissal until such em .lo ee has been in continuous em .lo ment for at least twelve 12 consecutive months. Such time may be extended in accordance with the Probationary Policy. Continuous employment shall mean employment unbroken by discharge or resignation. Reelection or reappointment at the end of the term shall be regarded as continuous employment. Sec 1 -7 -19 Employee dismissal, right to ap No employee of any department or office of Augusta, Georgia which has been brought under the personnel system pursuant to this article may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations adopted by the Board of Commission. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal herein and by the Augusta. Georgia Personnel Policies and Procedures Manual. Exhibit B Sec. 1 -7 -20. Bylaws of the Augusta, Georgia Personnel Board. (A) Pur s ose. The •u lose of these b laws is to establish uniform •rocedures for the conduct of hearin • and meetin • of the Au' usta Geor • is Personnel Board hereinafter "Personnel Board" or "Board "). (B) General Provisions. (1) After an appeal of a dismissal has been properly filed with the Human Resources Department, the appeal shall be forwarded to the Chairperson of the Personnel Board to be scheduled for a hearing before the Personnel Board. (2) Notice of Hearing. Within seven (7) days from the filing of an appeal in accordance with the Employee Administrative Policy & Procedures Manual (hereinafter "Em • to ee Manual" the Chai • erson of the Personnel Board shall designate an appropriate time and place to conduct the hearing and shall so notify all parties in writing. Such notification shall be mailed or served at least ten) calendar days in advance of the date set for the hearin ' . The Personnel Board will conduct an investigation into the char • es based on the information provided by the Human Resources Department. At its next scheduled meeting., the Personnel Board will hold an open hearing and receive any additional evidence in relation to the Appeal. The Chairperson of the Personnel Board, or a majority vote of the Board, shall have the authority to postpone or to continue a hearing (either in the Chairperson's discretion, upon a motion by the Personnel Board or upon the motion of either party, orally or in writing). (3) Representation. Opportunity shall be afforded both parties to represent themselves or to be represented by an attorney licensed to practice law in the State of Georgia. All arrangements for providing legal counsel shall be the responsibility of the party desiring such representation. An employee intending to have representation shall inform the Director of Human Resources of such intentions at least 48 hours prior to the scheduled date of such hearing. (4) Pre - Hearing Conference. The Chairperson of the Personnel Board may arrange a pre - hearin • conference for the • Bose of reviewin . the matter bein • a • • ealed and establishing stipulations to expedite the hearing. (5) Witnesses. (a) The appellant or the Human Resources Director (or his or her designee) may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the case. Employees appearin as witnesses shall be released from duty without loss of pay or time and without effect on their service ratin • . However the Personnel Board does not have subpoena powers to compel a witness's attendance. (b) No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from testifying. (c) Each party shall provide the opposing party a witness list at least three (3) business days in advance of a scheduled Personnel Board hearing. A party seekin• to have a witness testi that is not on their witness list ma onl do so with the consent of the opposing party. (6) Record of Hearing. A recording shall be made of all hearings; however, such recording will not be transcribed unless the Personnel Board decision is appealed in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual; or a transcri .t is re • uested b the Personnel Board or either s art to the hearin' . If the employee requests a copy of the transcript prior to appealing the Personnel Board's decision, the employee shall pay the cost of having the recording transcribed. In addition to the recording of the hearing, or a transcription thereof, all documents entered into the record during the hearing shall be made part of the official record of the hearing. It shall be the responsibility of the clerk of the Personnel Board to compile the official record of the hearing and, upon the filing of an a.seal of the Personnel Board's decision, to have such record certified by the Chairperson of the Personnel Board. (C) Hearing Process. (1) Role of the Board. The Personnel Board shall have the authority to do the following in connection with any hearing: (a) To administer oaths and affirmations; (b) Regulate the course of the hearing; (c) Set the time and place for continued hearings and pre - hearing conferences; (d) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Personnel Board; (e) To make informal disposition of any case by stipulation, agreed settlement, consent order or default, unless such disposition is precluded by law; (f) To render a decision as to issues properly presented to the Personnel Board; and (g) To file Answers to Writs of Certiorari properly filed in the Superior Court of Richmond County. (2) Attendance at the Hearing. Any hearing at which the Personnel Board receives evidence or hears arguments on appeals of disci.lin. actions dismissals or other purported violations of the rules shall be open to the public in accordance with Geor' is 0. en Meetin s Law. Witnesses ma _ however be see uestered at the discretion of the Board. (3) Evidence. With respect to all hearings before the Personnel Board: (a) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as a..lied to the trial of civil non -' cases in the Superior Courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent • ersons in the conduct of their affairs. The Personnel Board shall • ive effect to the rule of privilege recognized by law; (b) Objections to evidentiary offers ma be made and shall be noted in the record; (c) When a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (d) Documentar evidence ma be received in the form of co lies of exce •ts if the original is not readily available. and (e) The Director of Human Resources may proceed with the presentation of evidence first. 4 Conduct of Hearin • s. In the hearin. of an a s seal the • roceedin • shall be informal but orderly. The following procedure shall prevail• (a) The Chairperson of the Personnel Board shall oven the hearing by explaining the procedure to be followed in the hearing. b) Witness shall be sworn in and at the discretion of the Chai Berson an or all witnesses may be sequestered; c The Chai •erson shall read or cause to be read the char es and s • ecifications of the issues to be determined by the Personnel Board; (d) The facts not in dispute may be stipulated; (e) Each part y shall be given an opportunity to make a brief opening statement identif in. the issues and indicatin' what is to be •roven. The Human Resources Director shall •resent their o•enin• statement first followed b the employee; The Human Resources Director will be in its • resentation of evidence followed by the employee; (g) All witnesses shall testify under oath or affirmation. The employee and the Human Resources Director may call witnesses to testify at a grievance hearing. Falsifying a statement is considered as "serious misconduct" and may result in the em B to ee's sus • ension or se s aration from em s to ment: h Each • art ma conduct such cross examination as shall be re • uired for a full and true disclosure of the facts. In addition, the Personnel Board members may examine the witnesses; i Before closin' the hearin the Chai •erson ma allow both •arties the o B • ortunit to make brief oral or written closin • statements. The em • to ee ma _•resent his or her closin• statement first • At an point durin ' the hearin • of his/her own accord or at the re • uest of either party, the Chairperson may grant a fifteen (15) minute recess to allow the • arties en' a, e in confidential settlement ne • otiations. This initial fifteen (15) minute recess may be extended b the Chairperson if both parties signify that Bro'ress is bein. made in the settlement ne • otiations. ( k) Withi ten ( 10) working days of the hearing a final decision will be rendered by the Personnel Board. Should the Board fail to overrule the dismissal decision, the dismissal shall stand. If the dismissal decision is reversed by the Personnel Board and the Personnel Board's decision is upheld in the review and appeal process (or no timely appeal is filed), the employee shall be "made whole" by being reinstated as an employee and provided back pay. (1) The Human Resources Director will notify the employee in writing of the final decision of the Personnel Board and will be responsible for implementation of any action ordered by the Board. (5) Time Limitations. In the hearing of an appeal, the parties are subjected to the following time limitations in the presentation of their cases and such time will be monitored by the clerk of the Personnel Board. (a) Opening Statements. Each party shall have a maximum of five (5) minutes to make an opening statement. fill) Presentation of Evidence. Each party shall have an initial time period of thirt 30 minutes to .resent evidence in su . sort of their case. A . art ma be granted one or more extensions of time in fifteen (15) minute increments, upon motion and good cause shown, to complete presentation of evidence in support of their case. (cl Closing Statements. Each party shall have a maximum of five (5) minutes to make a closing statement. (D) Review of the Personnel Board's Decision. A decision of the Personnel Board shall not limit the rights of either party to further review and such decision shall be stayed by the filing of a petition for review. Any party, including the Human Resources Director, who has exhausted all administrative remedies available before the Personnel Board and who is aggrieved by a final ruling or order of the Personnel Board on any hearing may seek further review of the decision or order of the Personnel Board in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual. (1) In the absence of an a ro riate action for review of the Personnel Board's decision, within such time for review, the Personnel Board's decision shall, without further proceedings or notice, become the final decision of the Personnel Board and any right of additional appeals shall be extinguished. (2) Record for Review of Board's Decision. Upon receipt by the Chairperson of the Personnel Board of an appropriate action for review of the Personnel Board's Decision, the Board Clerk and /or Human Resources Department representative shall transmit a certified copy of the entire record to the reviewing body. (3) The Chairperson of the Personnel Board Shall Answer any Writ of Certiorari to the Superior Court of Richmond County. Sec 1 - - 21 Le al Counsel for the Augusta Geo rgia P Board To the extent the Personnel Board, by majority vote, determines the necessity of independent legal representation to assist it in carrying out the duties and powers of Sec. 1 -7 -15, the Chairperson of the Personnel Board shall submit a request for such representation to the Augusta, Georgia Commission. Such request shall be in writing and contain an explanation of the facts and circumstances for the request. The Clerk of Commission shall place the request on the Administrative Services Committee for consideration by the Committee and Commission. Secs, 1- 7- 22- 1 -7 -30. Reserved. 4