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12-10-1991 (City Council) Agenda Packet CITY COUNCIL MEETING MINUTES November 26 , 1991 The City of Wylie City Council met in regular session on Tuesday November 26 , 1991 at 7 : 00 P .M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin , Mayor Pro Tem Jay Davis , Council Members , Jim Swartz , Don Hughes , Ortie Messenger and William Martin . Acting City Manager Carolyn Jones , City Attorney Steve Deiter , City Engineer Paul Beaver , Finance Director Brady Snellgrove , Building Official Rick herzberger , Public Works Superintendent Jack Jones , Public Works Director Bill Flowers , Park Director Bill Nelson and Secretary Barbara LeCocq . Councilman Simmons was out due to illness . Public Works Director Bill Flowers gave the invocation . Councilman Hughes led the Pledge of Allegiance . CONSIDER APPROVAL OF MINUTES FROM MEETINGS HELD ON OCTOBER 22 , NOVEMBER 12 , AND NOVEMBER 18 , 1991 : There being no additions or deletions Councilman Hughes made a motion that the minutes be approved as presented . Seconded by Councilman Swartz. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER AUTHORIZATION TO SEEK BIDS FOR REFUSE COLLECTIONS FOR THE CITY OF WYLIE: Our five year contract with BFI expires on April 1 , 1992 . Unless we notify BFI that we want to seek bids our contract will automatically renew for another five years . Councilman Swartz made a motion that we seek bids for refuse collection contracts , seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER INTERLOCAL AGREEMENT ENABLING CITY TO PARTICIPATE IN COOPERATIVE PURCHASING WITH COLLIN COUNTY GOVERNMENTAL PURCHASERS FORUM: Councilman Martin made a motion that we approve the agreement , with additions made by City Attorney , to participate in cooperative purchasing with Collin County Governmental Purchasers Forum. The motion was seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF PAYMENT OF INVOICE #03-028905-001 IN THE AMOUNT OF $2 , 287 . 75 TO JONES & NEUSE FOR THE THIRD QUARTER SAMPLING OF MONITOR WELLS AT THE CITY LANDFILL: Councilman Messenger made a motion that we approve this invoice for payment , seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER PAYMENT OF INVOICE #91102 ( 348) FROM SHIMEK, JACOBS & FINKLEA FOR RESEARCH AND MARKET VALUE ANALYSIS OF RIGHT- OF-WAY PROPERTY ALONG ALANIS LANE, DIRECTLY RELATED TO THE LANDFILL CLOSURE AND APPROVED THOROUGHFARE PLAN: Councilman Martin made a motion that we approve payment of this invoice , seconded by Councilman Swartz. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER REOPENING OF ALLEYWAY ON BUTLER STREET NEAR HILLTOP LANE : Councilman Hughes made a motion that we table this item and conduct a public hearing on this at the next meeting . Seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER AUTHORIZATION TO USE CITY OWNED EQUIPMENT FOR THE "SHORLINE RE-LEAF PROJECT" AT LAKE LAVON, UNDER THE SUPERVISION OF THE PARKS DIRECTOR: Councilman Martin made a motion that we allow use of our equipment for this project , seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF THE DEVELOPMENT PLAN SUBMITTED BY THE DEVELOPMENT CORPORATION OF WYLIE, INC: Jim Smith , President of the Development Corporation of Wylie , Inc . made this presentation . Councilman Hughes made a motion that we approve the plan submitted by the Development Corporation of Wylie , Inc . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF FINAL PLAT FOR THE TEXAS NATIONAL GUARD ARMORY: Councilman Messenger made a motion that we approve the final plat for the Texas National Guard Armory. Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF PRELIMINARY PLAT FOR OAKRIDGE SUBDIVISION: Councilman Hughes made a motion that we approve this preliminary plat for Oakridge subdivision . Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - against , Councilman Hughes - in favor , Councilman Messenger - in favor . DISCUSS CITY OF WYLIE INTERIM COMBINED STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS FOR MONTH ENDING OCTOBER, 31 , 1991 : A presentation was made by the Finance Director . No action is necessary . CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes . In accordance with the Open Meeting Act , the Council will hear comments of public interest , but any discussion shall be limited to placing the item on a future agenda for consideration . No citizen participation . RECESSED REGULAR BUSINESS MEETING AND CONVENED COUNCIL INTO EXECUTIVE SESSION UNDER THE AUTHORITY OF ARTICLE 6252-17 V.A.C .S , SECTION 2 , PARAGRAPH "E" PENDING LITIGATION , SOUTHFORK MOBILE HOME PARK VS . CITY OF WYLIE: RECONVENE OPEN MEETING: No action was taken in the executive session . RECESS REGULAR BUSINESS MEETING AND CONVENE COUNCIL INTO WORK SESSION: Clean up of S . Ballard St . - Building Official gave a report on this . Ordinance regarding Alcoholic Beverages within the City Limits - City Attorney gave a recommendation on this . Parking on East Brown Street - Repairs to A-1 Ambulance Building Texas Department of Commerce Grant There being no other business for discussion , a motion was made to adjourn . John W. Akin , Mayor ATTEST: Barbara LeCocq , Secretary CALLED CITY COUNCIL MEETING MINUTES DECEMBER 3, 1991 The City of Wylie City Council met in called session on Tuesday , December 3 , 1991 at 8 : 00 A.M. in the City Council Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Ortie Messenger , Don Hughes and William Martin . Acting City Manager Carolyn Jones , City Attorney Steve Deiter , City Engineer Paul Beaver , Public Works Superintendent Jack Jones , and Secretary Barbara Lecocq . Mayor Akin called the meeting to order . DISCUSS AND CONSIDER GRANTING AUTHORIZATION TO SEEK BIDS FOR THE FINAL PHASE OF CLOSING THE LANDFILL: USE OF GENERAL CONTRACTOR - TURN KEY JOB AND OR CITY CREWS AND LEASED EQUIPMENT NEEDED: Councilman Messenger made a motion to grant authorization to seek bids for a general contractor to do a turn key job on the landfill closure and also seek bids to rent equipment and use City force labor to close the landfill . Councilman Swartz seconded . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF PAYMENT OF INVOICE NO. 9171 TO HELMBERGER ASSOCIATES FOR SERVICES RENDERED THROUGH 11-17-91 RELATING TO CLOSURE PLAN FOR WYLIE MUNICIPAL LANDFILL: Councilman Martin made a motion that approve this invoice for payment . Seconded by Councilman Simmons ._ The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . There being no other business for discussion a motion was made to adjourn the meeting , with all in favor . John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary To: Carolyn Jones, Acting City Manager From: Jim Holcomb, Purchasing Agent Date: December 4, 1991 Subject: 1992 Police Car Bids I have reviewed the bids submitted through the interlocal cooperative purchasing agreement with Rockwall , Sachse, Heath, Greenville, Rowlett and Rockwall County. The lowest responsible and responsive bidder is Reliable Chevrolet with a bid of $12,637.40 on the Chevrolet Caprice. Delivery time is 90 to 120 days. I have also been in contact with HGAC Cooperative Purchasing and the State General Services Commission. HGAC does not have pricing yet on 1992 police patrol vehicles. The state contract is with Ford at a unit price of $11,900.00 on the Ford Crown Victoria. The City may participate in this contract, and any other automated state contracts, by adopting a resolution for that purpose (see attachments). The GSC requires an annual participation fee of $125.00. As you may know, our experience with the 1991 Caprice police units has been less than satisfactory. There have been numerous and repeated problems involving the suspension, wheel bearings and brakes and we have no assurance that the manufacturer has been able to correct these apparent defects in the 1992 models. My recommendation is for Council to reject all bids received through the Rockwall cooperative bid. It is further recommended that Council adopt the attached resolution- (or a .simtlar version thereof) and authorize the purchase of two 1992 Crown Victoria police cars through the state Purchasing and General Services contract. Council has previously approved an expenditure of $30,000.00 for the two vehicles and the total cost under the state bid is $23,800.00. RESOLUTION STATE OF TEXAS ) TO THE STATE PURCHASING AND COUNTY OF Collin ) GENERAL SERVICES COMMISSION WHEREAS, the City Council of Wylie, Texas, pursuant to the authority granted by Sections 271.081-271.083 Local Government Code, V.T.C.A. , as amended, desires to participate in described purchasing programs of the State Purchasing and General Services Commission, and in the opinion that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized; now, therefore, be it RESOLVED, that we request the State Purchasing and General Services Commission to include its stated need on the Commission's annual contracts, whereby Jim Holcomb, Purchasing Agent is authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of The City of Wylie, and we acknowledge obligation to pay participation fees established by the commission. I certify that the foregoing is a true and correct copy of the resolution duly adopted by the City of Wylie, Texas and that the same now appears of record in my office. In witness thereof, I have hereunto set my hand and affixed my official seal this tenth ( 10th) day of December, 1991. By: City of Wylie Sample Resolution The law requires the governing body of each political subdivision to adopt a resolution, similar to this sample. RESOLUTION STATE OF TEXAS ) TO THE STATE PURCHASING AND ) GENERAL SERVICES COMMISSION COUNTY OF WHEREAS,the (Commissioner's Court,City Council,School Board,ate.) of (Name of Political Subdivision) ,'xas, pursuant to the authority granted by Sections 271.081-271.083 Local Oovernment Code, V.T.C.A., as amended, desires to participate in described purchasing programs of the State Purchasing and General Services Commission, and in the opinion that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized; now, therefore, be it RESOLVED, that we request the State Purchasing and General Services Commission to include its stated need on the Commission's annual contracts, whereby (Name of official to serve as Agent of Record/Authorized Individual) , (Title of Authorized Individual) , is authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of (Name of Political Subdivision) ,and we acknowledge obligation to pay participa- tion fees established by the commission. I certify that the foregoing is a true and correct copy of the resolution duly adopted by the (Commissioner's Court,City Council, School Board, etc.) of_(Name of Political Subdivision) and that the same now appears of record in my office. In witness thereof, I have hereunto set my hand and affixed my official seal this day of , 19 By: (Signature) (Name of Political Subdivision) (Name & Title of Governing Body Chairperson) (Signature of Agent of Record) (Name dt Title of Agent of Record) aoa-om, •M TOTAL P.03 • MEMORANDUM TO: Carolyn Jones, Acting City Manager FROM: Paul D. Beaver , Director of Planning & Engineering 6;) DATE: December 4, 1991 SUBJECT: Helmberger Associates Invoice No. 9171A Services rendered through 12-2-91 Closure Plan for Wylie Municipal Landfill Attached is invoice #9171A from Helmberger Associates in the amount of $13, 755. 02 for the Texas Department of Health required Closure Plan for the Wylie Municipal Landfill . The $46, 500 not to exceed contract is now 73% complete by dollar amount billed to date. Please place this item on the next Council Agenda. Payment is recommended. „• HELMBERGER ASSOCIATES EVOKE l HEMHumBERDERWOO,. INO. CIVIL AND ENVIRONMENTAL ENGINEERS 124 1400INER Ao. `11:$780!f981-351 r' TP @ (214)442-7459 City of Wylie INVOICE NO. : 9171A 2000 Highway 78 North PNI : 9171 P.O. Box 428 DATE : DECEMBER 2, 1991 Wylie, Texas 75098 Attn: Mr. Paul Beaver, P.E. , Director of Planning and Engineering Professional services rendered to date for preparation of the closure plan for the Wylie Municipal Landfill. FOR PROFESSIONAL SERVICES RENDERED THROUGH 12-2-91 Direct Salary Expense: Technician 27.00 Hrs. * $27.32/Hr. = $ 737.64 Clerical 12.00 Hrs. * $24.32/Hr. = $ 291.84 Staff Engineer 87.75 Hrs. * $52.50/Hr. = $ 4,606.88 Principal in Charge 72.00 Hrs. * $80.00/Hr. = $ 5.760.00 Total Direct Salary Expense $11,396.36 Direct Costs: Travel $356.00 * 1. 15 = $ 409.40 Long Distance Phone Calls $10.00 * 1. 15 = $ 11.50 Plotting & Bluelines $308.72 * 1.15 = $ 355.03 Survey Work 14 hours * $85.00/hr. * 1. 15 = $ 1, 368.50 Contour Divider $161.29 * 1. 15 = $ 185.48 Copies $25.00 * 1. 15 = S 28.75 . Total Direct Cost $ 2,358.66 AMOUNT DUE THIS INVOICE $13,755.02 'If nv.#9171A DCH WHITE-ORIGINAL YELLOW-REMITTANCE COPY PINK-FILE 9 MEMORANDUM TO: Carolyn Jones, Acting City Manager FROM: Paul D. Beaver , Director of Planning & Engineering P rj DATE: December 4, 1991 SUBJECT: Jones & Neuse Pay Estimate Invoice No. 03-028905-002 October 1991 Services Groundwater Monitor Well Sampling Preparation for Materials for Draft Report Attached is the October invoice from Jones & Neuse in the amount of $1 , 747. 35 for the State Health Department required third calendar quarter sampling of monitor wells at the City of Wylie landfill . This represents 28% completion by dollar amount of the 9-11-91 approved contract. Please place this item on the next Council Agenda. Payment is recommended. November 15, 1991 Invoice No. 03-028905-002 r JONES AND NEUSE, INC. 111811 IH-10 East, Suite 275 Houston, Texas 77029 713-450-1882 Phase I City of Wylie PX146 Period of Service: October 1, 1991 through October 31, 1991 Preparation of materials for draft report. Labor Env Specialist VI 10.000 hr @ $ 90.00/hr = 900.00 Geologist V 2.000 hr @ $ 85.00/hr = 170.00 Technician VII 4 . 500 hr @ $ 55.00/hr = 247.50 Technician V 2 . 000 hr @ $ 43 .00/hr = 86.00 Clerk III 4.250 hr @ $ 33 . 00/hr = 140.25 1543.75 Expenses Reproduction 10.60 Telecommunications 11.30 Travel 181.70 203.60 Amount Due This Invoice $ 1747.35 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1% PER MONTH WILL BE APPLIED TO AMOUNT DUE. • TERMS:Net cash,due on receipt of invoice.Payable in Houston.Harris County,Texas A t%MONTHLY SERVICE CHARGE(t2%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. N M116ti��C t . GSA .' GOVERNMENTAL SERVICE AGENCY, INC. a, Fc;' r•L. November 26, 1991 Carolyn Jones City Secretary City of Wylie P. O. Box 428 Wylie,Texas 75098 Dear Ms. Jones: Please find nine (9) copies of the proposed Wylie Code of Ordinances bound in a three-ring binders for adoption by the City Council. I have provided you with an extra seven (7) copies to give to the Mayor and council members. Additionally, I have attached a proposed ordinance to adopt the new Code of Ordinances for your use. The new Code does incorporate a significant amount of changes to your existing ordinances as was discussed with the department heads and the city attorney. Please refer to Section 9 of the adopting ordinance where these changes have been identified. Please note that the new Code includes all ordinances provided to me through Ordinance No. 90-19 adopted on October 9, 1991. Because of the time delay on my part in being able to complete the Code before now due to our excessive workload, I will agree to do your first supplement to the Code for free. This first supplement shall include all of the ordinances adopted since Ordinance No. 90-19 and the date the new Code is adopted(or December, 1991 whichever is first). If you will provide these ordinances to me I can begin preparing the Code supplement now. Additionally, if you would like to use the existing binders you have in stock for the Code, I will be glad to provide you with a $10.00 credit for each binder used for a total of a $250 savings. Please let me know if you want me to use your binders or our own binders. Should you have any questions concerning the Code please do not hesitate to contact me. Also,please let me know when the new Code will be scheduled for adoption. Sincerely, GOVERNMENTAL SERVICE AGENCY, INC. David K. Lewis President Attachment Lyndon Plaza 10935 Estate Lane, Suite 475 Dallas, Texas 75238 (214) 553-7070 Fax (214) 553-7098 CITY OF WYLIE, TEXAS ORDINANCE NO. "ORDINANCE ADOPTING CODE OF ORDINANCES" AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ADOPTING AND ENACTING A NEW CODE OF ORDINANCES, ESTABLISHING THE SAME AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN SUCH CODE AS WELL AS PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY BE CITED; PROVIDING FOR CATCHLINES OF THE NEW CODE; PROVIDING FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR THE NEW CODE; PROVIDING FOR AMENDMENTS OR ADDITIONS TO THE NEW CODE; PROVIDING FOR THE SUPPLEMENTATION OF THE NEW CODE; ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE CODE AND ALL ORDINANCES OF THE CITY IN THE AMOUNT OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT VIOLATIONS OF PROVISIONS THAT GOVERN FIRE SAFETY, ZONING, AND PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, IN WHICH CASE THE MAXIMUM PENALTY FOR VIOLATION SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS OF TRAFFIC LAWS AND ORDINANCES PROVIDED THAT NO PENALTY SHALL BE GREATER OR LESS THAN THE PENALTY PROVIDED FOR UNDER STATE LAW; PROVIDING FOR SEVERABILITY OF ALL PARTS OF THE NEW CODE; PROVIDING FOR THE ADOPTION OF NEW PROVISIONS AND REGULATIONS INCORPORATED IN SAID CODE OF ORDINANCES INCLUDING: THE FILING REQUIREMENTS FOR ELDERLY HOMESTEAD TAX EXEMPTIONS WITH THE COLLIN COUNTY CHIEF APPRAISER; PROVIDING FOR THE DUE DATE OF PROPERTY TAXES AND STIPULATING PENALTIES AND INTEREST FOR DELINQUENT TAXES; PROVIDING FOR AN ADDITIONAL FIFTEEN PERCENT (15%) PENALTY FOR THE COLLECTION OF DELINQUENT TAXES; DEFINING THE TERM "HOTEL" TO CORRESPOND TO THE STATE LAW DEFINITION; PERMITTING THE CITY ATTORNEY TO BRING SUIT AGAINST HOTELS AND MOTELS FOR NOT FILING TAX REPORTS OR PAYING HOTEL/MOTEL TAXES AND ENJOINING THE HOTEL OR MOTEL FROM OPERATION; AUTHORIZING THE PARKS AND RECREATION BOARD TO RECOMMEND PARKING RESTRICTIONS IN CITY PARKS AND RECREATION OR COMMUNITY FACILITIES; PROVIDING FOR THE COMPOSITION, APPOINTMENT AND TERMS OF OFFICE FOR THE PARKS AND RECREATION BOARD TO BE CONSISTENT WITH CITY CHARTER; ESTABLISHING A SERVICE CHARGE FOR FALSE BURGLAR ALARMS AFTER FIVE (5) ALARMS IN PRECEDING TWELVE (12) MONTHS HAS OCCURRED; REQUIRING ANIMALS TO BE VACCINATED AGAINST RABIES BY THE AGE OF FOUR (4) MONTHS AND ANNUALLY THEREAFTER; PROVIDING FOR THE CREATION OF THE CONSTRUCTION CODE BOARD AND THE NUMBER OF PERSONS SERVING OF THE BOARD; PROVIDING FOR THE APPOINTMENT AND QUALIFICATIONS OF THE CONSTRUCTION CODE BOARD; PROHIBITING DISORDERLY CONDUCT AND INTOXICATED, GROSS-MANNERED OR VULGAR PERSONS OR PERSONS OF INDECENT CHARACTER AT ANY PUBLIC DANCE OR PUBLIC DANCE HALL; RESTRICTING THE SALE OF ALCOHOLIC BEVERAGES IN DANCE HALLS UNLESS HOLDING PRIVATE CLUB Page 1 of 8 f3 LICENSE; PROVIDING FOR AN APPEALS PROCEDURE WHENEVER DANCE HALL LICENSE IS DENIED, REVOKED OR SUSPENDED; RESTRICTING THE SALE OF ALCOHOLIC BEVERAGES IN POOL HALLS UNLESS HOLDING PRIVATE CLUB LICENSE; PROVIDING FOR THE REVOCATION OR SUSPENSION OF POOL HALL LICENSES IF PERMISSION TO INSPECT SUCH ESTABLISHMENTS IS REFUSED AND PROVIDING RECOURSE TO EVERY REMEDY PROVIDED BY LAW TO SECURE ENTRY; REQUIRING A CLASS C TEXAS DRIVER'S LICENSE TO OPERATE TAXICAB; PROVIDING FOR THE REVOCATION OR SUSPENSION OF JUNKYARD AND SALVAGE YARD LICENSES IF PERMISSION TO INSPECT SUCH ESTABLISHMENTS IS REFUSED AND PROVIDING RECOURSE TO EVERY REMEDY PROVIDED BY LAW TO SECURE ENTRY; PROVIDING FOR EXCEPTIONS FOR THE BURNING OF TRASH, GARBAGE, REFUSE, AND DEBRIS IF PERMIT HAS BEEN GRANTED BY FIRE MARSHAL OR BY WRITTEN AUTHORITY OF THE TEXAS AIR CONTROL BOARD; PROVIDING FOR THE ESTABLISHMENT AND DUTIES OF THE BUREAU OF FIRE PREVENTION AND PROVIDING THAT IT BE OPERATED UNDER THE SUPERVISION OF THE FIRE CHIEF AND PROVIDING THE APPOINTMENT OF THE FIRE MARSHAL BY THE FIRE CHIEF BE SUBJECT TO APPROVAL OF THE CITY MANAGER; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE FIRE CODE; PROVIDING THAT THE CITY COUNCIL BE THE SOLE AND EXCLUSIVE JUDGE IN DETERMINING WHETHER PERSONS ARE ENTITLED TO ARSON REWARDS; PROVIDING PENALTIES PERTAINING TO FIREWORKS VIOLATIONS; RESTRICTING FIREWORKS WITHIN FIVE THOUSAND FEET (5,000') OF CITY LIMITS; DEFINING "AIR CONTAMINANT" TO COMPLY WITH THE STATE LAW DEFINITION; MAKING IT UNLAWFUL TO LEAVE DEBRIS AND/OR DIRT ON CITY STREETS UNLESS ADEQUATE WARNING SIGNS, LIGHTS, DEVICES, BARRICADES AND CHANNELIZING DEVICES ARE ERECTED AND MAINTAINED; PROVIDING FOR PROCEDURES AND NOTICE REQUIREMENTS FOR REPLATS INVOLVING PROPERTY ZONED OR DEVELOPED AS SINGLE FAMILY OR DUPLEX USES; REQUIRING EMERGENCY VEHICLES TO USE AUDIBLE AND VISUAL SIGNALS AND WARNINGS IN ACCORDANCE WITH THE POLICIES OF THE TEXAS DEPARTMENT OF PUBLIC SAFETY AND SECTION 124 OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS; REGULATING LOADS PROJECTING BEYOND VEHICLES AND REQUIRING LIGHTS, FLAGS, AND REFLECTORS; REGULATING THE PASSING OF VEHICLES PROCEEDING IN THE SAME DIRECTION; ESTABLISHING STREET RENTAL CHARGES FOR TAXICABS; ESTABLISHING SERVICE CHARGES ON FALSE BURGLAR ALARMS TO COMPLY WITH STATE LAW; AND ESTABLISHING CHARGES FOR THE STORAGE OF VEHICLES FOR EACH DAY OR FRACTION THEREOF TO COMPLY WITH STATE LAW; ADOPTING A NEW SCHEDULE OF FEES AND CHARGES OF THE CITY OF WYLIE; AND ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE AND THE NEW CODE OF ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1 That the Code of Ordinances consisting of Chapters 1 through 12 and including Appendix A and B, each inclusive, is hereby adopted and enacted as the Code of Ordinances of the City of Wylie, Texas, and shall be treated and considered as a new and original Page 2 of 8 comprehensive ordinance, which shall supersede all other general and permanent ordinances passed by the City Council on or before October 9, 1990 to the extent provided herein, except as hereinafter provided for. SECTION 2 That all provisions of such Code shall be in full force and effect from and after the day of , 1991, and all ordinances of a general and permanent nature of the City of Wylie, Texas, enacted on or before and not included in this Code or recognized and continued in force by reference herein, are hereby repealed from and after the day of , 1991,except as hereinafter provided. SECTION 3 That the repeal provided for in Section 2 above shall not affect any of the following: (a) Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this Code. (b) Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness. (c) Any contract or obligation assumed by the City. (d) Any right or franchise granted by the City. (e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening,vacating, or affecting the right-of-way of any street or public way in the City. (f) Any ordinance relating to municipal street maintenance agreements with the State of Texas. (g) Any appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget. (h) Any ordinance relating to local improvements and assessments therefor. (i) Any ordinance annexing territory to the City or discontinuing territory as a part of the City. (j) Any ordinance dedicating or accepting any plat or subdivision in the City. (k) Any ordinance pertaining to the calling of municipal elections and appointing of election officers. (1) Any ordinance adopting personnel policies,procedures,rules and regulations. (m) Any ordinance establishing rates to be charged by privately or semi-publicly owned utility companies. Page 3 of 8 /6- (n) Any ordinance amending zoning districts, approving planned development districts, or pertaining to the issuance of specific use permits or the granting of variances. (o) Any ordinance enacted after October 9, 1990. The repeal provided for in Section 2 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. SECTION 4 That whenever in such Code of Ordinances or in any ordinance of the City, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor,the violation of any such provision of such Code or any such ordinance shall be punished by a fine not exceeding five hundred dollars($500.00),except for: (a) violations of municipal ordinances that govern fire safety,zoning and public health and sanitation including dumping of refuse, in which case the maximum fine shall be two thousand dollars ($2,000.00) for each offense, and for (b) violations of traffic laws and ordinances which are punishable as a Class C misdemeanor, in which case the maximum fine shall not exceed two hundred dollars ($200.00). Provided, however,that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. Each day any violation of such Code of Ordinances or any ordinance shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision of such Code of Ordinances which constitutes an immediate danger to the health, safety and welfare of the public may be enjoined in a suit brought by the City for such purposes. SECTION 5 That any and all amendments and additions to such Code of Ordinances, when passed in such form as to indicate the intention of the City Council to make the same a part of the Code of Ordinances, shall be deemed to be incorporated in such Code of Ordinances so that reference to the "Code of Ordinances of the City of Wylie,Texas," shall be understood and intended to include such additions and amendments. SECTION 6 That in case of the amendment of any section of such Code for which penalty is not provided, the general penalty as provided in Section 4 of this ordinance shall apply to the section as amended, or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section of the same chapter,the penalty so provided in such other section shall be held to relate to the section so amended,unless the penalty is specifically repealed therein. Page 4 of 8 SECTION 7 That a copy of the Code of Ordinances shall be kept on file in the office of the City Secretary in looseleaf form. It shall be the express duty of the City Secretary,or someone authorized by the City Secretary, to insert in the designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code of Ordinances when the same has been printed or reprinted in page form by the codifier designated by the City Council and to extract from such Code all provisions which may be from time to time repealed by the City Council. Such copy of such Code shall be available for all persons desiring to examine the same at any time during regular business hours. SECTION 8 That it shall be an offense for any person to change or amend, by additions or deletions, any part or portion of this Code of Ordinances, or to insert or delete pages or portions thereof,or to alter or tamper with such Code in any manner whatsoever which will cause a law of the City of Wylie to be misrepresented thereby. Any person violating this section shall be punished as a misdemeanor. SECTION 9 That the following provisions included and as printed in this Code of Ordinances are hereby adopted by the City Council by reference for inclusion therein: (1) § 1.00 of Chapter 1, pertaining to the designation of this Code of Ordinances, providing for the use of catchlines in the Code,providing for definitions and general rules of construction for the Code, providing for amendments or additions to the Code, providing for supplementation of the Code,establishing a general penalty for violations of the Code,and providing that parts of the Code are severable. (2) § 2.01(b) of Chapter 1, requiring the filing for an elderly homestead exemption with the chief appraiser of Collin County before May 1. (3) § 2.03 of Chapter 1,providing for the due date of property taxes levied by the city and stipulating penalties and interest for delinquent taxes. (4) § 2.04 of Chapter 1, providing for a 15% additional penalty for the collection of delinquent taxes to defray the cost of collection by a contracted attorney. (5) § 4.02 of Chapter 1,providing a definition for hotel to correspond with same definition as provided by state law. (6) §4.06 of Chapter 1,providing that the city may bring suit to enjoin hotel or motel from operation until tax report is filed or hotel/motel taxes are paid. (7) § 6.02(a) of Chapter 1, authorizing that the Parks and Recreation Board recommend parking restrictions and hours in city parks,and recreation or community center facilities. (8) § 7.02 of Chapter 1, providing for the composition, appointment, and terms of office of the Parks and Recreation Board to be consistent with the city charter. Page 5 of 8 (9) § 14.05 of Chapter 1, providing for a service charge after five false burglar alarms in the twelve month period preceding any false burglar alarm. (10) § 8.00 of Chapter 2, providing that animals required to be vaccinated shall be vaccinated against rabies by the time the animal is four months of age and annually thereafter. (11) § 10.00 of Chapter 2, providing for the quarantining of animals exposed to rabies. (12) § 16.01 of Chapter 3, providing for the creation of the Construction Code Board and the number of persons serving on such board. (13) § 16.02 of Chapter 3, providing for the appointment and qualifications of the Construction Code Board. (14) § 5.05 of Chapter 4, prohibiting disorderly conduct in a public dance hall and prohibiting any intoxicated, gross-mannered or vulgar persons or persons of indecent character in dance halls and prohibiting indecent dances. (15) § 5.06 of Chapter 4, restricting the sale of alcoholic beverages in dance halls unless licensed as a private club. (16) § 5.07(g) of Chapter 4, providing for an appeals procedure whenever any dance hall license is denied,revoked, or suspended. (17) § 6.03 of Chapter 4, restricting the sale of alcoholic beverages in pool halls unless licensed as a private club. (18) § 6.04(j) of Chapter 4, providing for the revocation or suspension of pool hall licenses if permission to inspect pool halls is refused and providing recourse to every remedy provided by law to secure entry. (19) § 8.06(c) of Chapter 4,requiring a Class C Texas driver's license to drive a taxicab. (20) § 11.04(b) of Chapter 4, providing for revocation or suspension of junkyard and salvage yard licenses if permission to inspect such establishments is refused and providing recourse to every remedy provided by law to secure entry. (21) § 1.00(b-d) of Chapter 5, providing for exceptions to burning trash, garbage, refuse or other debris if permit has been granted by Fire Marshal and pursuant to written authority from the Texas Air Control Board and providing that such authorization for burning does not relieve liability. (22) § 2.02(b) of Chapter 5, providing for the establishment and duties of the Bureau of Fire Prevention to be operated under the supervision of the Fire Chief and providing that the Fire Marshal shall be appointed by the Fire Chief subject to approval of the City Manager. (23) § 2.09 of Chapter 5,providing for penalties for violations of the fire code. (24) § 3.00 of Chapter 5, providing that the City Council be the sole and exclusive judge in determining whether persons are entitled to arson rewards. (25) § 4.05 of Chapter 5,providing for penalties for violations pertaining to fireworks. Page 6 of 8 / 4 (26) §4.06 of Chapter 5,restricting fireworks within five thousand feet of the city limits. (27) § 1.01 of Chapter 6,providing for the definition of air contaminant as defined by state law. (28) § 3.01 of Chapter 7, providing that it is unlawful to leave debris and/or dirt on city streets unless warning signs, lighting devices, barricades and channelizing devices are erected and maintained. (29) § 4.05 of Chapter 9, providing for procedures and notice requirements for replatting property zoned or developed as single family or duplex uses. (30) § 5.04(b-c) of Chapter 10,providing that emergency vehicles use audible and visual signals and warnings in accordance with the policies of the Texas Department of Public Safety and Section 124 of the Uniform Act Regulating Traffic on Highways. (31) § 12.00 of Chapter 10 regulating loads projecting beyond any vehicle and specifying lights, flags, and reflectors. (32) § 16.02(a) of Chapter 10 regulating the passing of vehicles proceeding in the same direction. (33) § 14.00 of Appendix A establishing a street rental charge for the operation of taxicabs. (34) § 17.02 of Appendix A establishing the service charge on false burglar alarms. (35) § 30.02(f) of Appendix A establishing charges for the storage of vehicles per day or fraction thereof. (36) Appendix A establishing a new schedule of fees and charges for the city. SECTION 10 That whenever in such Code provisions, adopted in Section 9 of this ordinance, an act is prohibited or is made or declared to be unlawful or an offense or an misdemeanor, or wherever in such Code provisions the doing of an act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00), except for violations of municipal ordinances that govern fire safety, zoning and public health and sanitation including dumping of refuse,in which case the maximum fine shall be two thousand dollars ($2,000.00) for each offense and for violations of traffic laws and ordinances, in which the maximum fine shall be two hundred dollars ($200.00). Provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. Each day any violation of such Code provisions shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision which constitutes an immediate danger to the health, safety and welfare of the public may be enjoined in a suit brought by the City for such purposes. SECTION 11 That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of the Code of Ordinances hereby adopted are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared Page 7 of 8 unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 12: That said Code of Ordinances shall be admitted in evidence without further proof and the City Secretary shall record said Code as adopted in the ordinance records of the City, and thereafter such record shall serve as a record of the ordinances so codified and it shall not be necessary in establishing the context of any particular ordinance so codified to go beyond said record. SECTION 13: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 14: That this ordinance shall take effect immediately from and after its passage and publication, as the law in such cases provides. DULY ADOPTED by the City Council of the City of Wylie,Texas, on the day of , 1991. APPROVED: Mayor,City of Wylie ATTEST: City Secretary,City of Wylie APPROVED AT TO FORM: City Attorney,City of Wylie Page 8 of 8 MEMORANDRUM TO: Carolyn Jones, Accting City Manager FROM: Brady Snellgrove, Finance Director RE: Litigation Report - Delinquent and Bankruptcy Cases DATE: November 1991 This is a monthly breakdown of the active delinquent tax suits for collection which are being handled by our tax collection law firm: Nichols , Jackson, Kirk & Dillard. The dollar amounts exclude penalty, interest and legal collection cost assessments . TYPE OF ACCOUNTS ACCOUNTS CASES BASE AMOUNT Judgement Cases: Mobile Homes 64 62 $ 13, 383. 98 Personal Property 10 10 $ 11 , 043. 53 Real Property 21 $ 52 .010 . 58 167 101 $ 76 , 438. 09 Bankruptcy Cases : Mobile Homes 8 7 $ 1 , 206 . 40 Personal Property 6 4 $ 5, 716. 90 Real Property 24 $ 19, 836. 55 48 31 $ 26, 759 . 85 GRAND TOTALS 215 132 $103 , 197 . 94 *List of accounts are available upon request. MEMORANDUM DATE : December 5 , 1991 AP,_ TO : City Council FROM: Steve Deiter , City Attorney RE: Personnel Regulation Revisions I have forwarded herewith for your review and consideration a "marked up" copy of the proposed changes . I have attempted to identify any new paragraphs , subsections , or sections by writing the word new beside them. Any of the material which has a line drawn through it is that which was in the existing policy but will be deleted under the proposed changes . Any of the text which is unmarked and which does not have the label "new" beside is part of the old text which will remain unchanged by the proposed revisions . By way of review of the history of these changes I would advise the Council that the changes come from two separate sources . One source was the revision of the personnel regulations concerning vacation time and sick leave by combining vacation time and sick leave into one and calling it "personal leave" . Most of these changes are in Section 5 of the proposed regulations . For further review of the personal leave revisions I would direct your attention to the Memo to Bill Dashner from Barbara LeCocq dated September 4 , 1991 . The balance of the revisions come from my review of the regulations . The changes which I am suggesting as a result of this review are generally to remove the "just cause" provisions from the personnel regulations . The use of the term just cause implies that the employee is no longer an employee at will and could potentially cause the City to incur liability if an employee was terminated without being given proper pre-termination and post-termination due process rights . I have also changed all of the gender sensitive pronouns in the regulations to be gender neutral . Lastly I added a Sexual Harassment policy to the regulations . It is generally advisable to have the regulations contain such a policy to attempt to avoid liability in the event that a victim of sexual harassment c; would sue the perpetrator and the City because of the City's apparent acquiescence in the activity . For further information and comment on the portion of the regulations which I have changed I would refer you to my memorandum sent to Carolyn Jones dated October 4 , 1991 . Both Barbara and myself will be present at the Council meeting to discuss and explain these changes and discuss any questions which the Council might have . For the administrative standpoint of the Personnel Department it would be very beneficial to have the new regulations passed to take effect on January 1 , 1992 . If the Council approves some or all of the changes I would have the document retyped and ordinance passed ordaining the personnel regulations , as amended . cc : Barbara LeCocq , Personnel Carolyn Jones , Acting City Manager SLt:11UN i General Policy Statements Section 1-1 : Employment At Will All employment by the City of Wylie is in the form of an at will employment meaning that it can be terminated by either employer or employee at any time for any or no reason ; nothing in these regulations shall be held to alter the at will nature of such employment . Section 1-2 : Non Contractual Relationship The regulations herein provided are merely general 1 guidelines which the City may unilaterally rescind or modify 0 at any time without notice . The regulations are not intended to be nor shall they be held to be a contractual obligation . Section 1 . 3 : Written Statements to Control \,...21 The statements and provisions of this manual shall control over any contradictory statements , written or otherwise , made by any supervisors of the City ; any agreements or assurances concerning the terms , conditions or duration of any individual' s employment is not binding unless the same is in writing and signed by some designated official of the City . SECTION.kf a. PERSONNEL SECTION 1-1: Director of Personnel The Director of Personnel shall be appointed by the City Manager and shall be charged with the responsibility for implementation and operation of these regulations. He/She shall make timely and informative reports to the City Manager on the overall status of personnel and the occurrences within his/her department' s area of responsibility. He/she shall be responsible to the City Manager for making recommendations of policy necessary to keep the personnel regulations of the city in conformity to current federal regulations and state statutes. He/she shall be required annually to submit to the City Manager an overall statement of salary structure to include compensation and benefits and the changes which may be appropriate in either . This report shall be delivered in the preliminary stages of the annual budget preparation so that these recommendations may be considered in time to be incorporated in the annual budget. SECTION 1-2: Department Heads For the purpose of these personnel regulations, those employees who meet the criteria of department heads are as follows : Chief of Police City Engineer City Secretary Code Enforcement Officer Finance Director Fire Chief Library Director Park Director Personnel Director Public Works Director Public Works Superintendent .rci 1UN L EMPLOYEE SELECTION SECTION 2-1 : Non-discrimination Employees will be selected solely on the basis of their relevant qualifications for the specific position for which they are being considered. Selections will be made without regard to the applicant' s political or religious opinions or affiliations or race, color, national origin, marital status, or other non-merit factors . Age, sex and physical disability will not be considered in selections except where specific age , sex or physical requirements constitute a bona fide occupational qualification necessary for proper and efficient administration. SECTION 2-2 : Advertisement of Vacancies Job opportunity announcements will be advertised in any newspaper with local circulation for at least two issues, one of which will be weekend when possible. SECTION 2-3 : Filing of Applications A. Persons seeking employment with the City of Wylie will be required to complete, sign and file, with the Personnel Office, an application for employment which is available at the Personnel Office. Current employees who are seeking transfer or promotion to a posted position will also be required to fill out the same application. Applications will be accepted only if a vacancy has occurred and has been advertised . B . After the announced deadline for the acceptance of applications, all applications received for a position will be reviewed by the Personnel Director . All applications will be submitted to the respective department head for reviewing and/or interviewing so that he may make the final selection. SECTION 2-5: Grounds for Rejection of Application A. Applicant lacks the minimum requirements listed in the job description; B. Applicant is physically or mentally incapable of performing the specific duty requirements of the job; C. Applicant has made false or misleading statements or attempted to deceive or falsify information contained in his application; D. Applicant is addicted to the use of narcotics or alcoholic beverages; E. Nepotism - Applicant has a relative currently employed by the city in the same department or in a position which will require frequent interaction 4 between the new employee and the relative or in a position which could influence the new employee' s pay , performance evaluation , separation , promotion or tenure. For the purpose of this section, a relative shall be defined as someone related within the second degree by blood or the second degree by marriage to the applicant . In addition, applicants may be subject to prohibitions of Art . 5996a , Vernon ' s Texas Civil Statutes . F. Volunteer fire personnel shall be exempt from the nepotism provision . G. Investigation of applicant ' s police record indicates a history of past conviction of a crime that directly relates to the area of employment, i .e. DWI to driving city vehicles , or theft to handling city money; or a felony or crime involving moral turpitude . H . All applicants must sign a release form granting permission for the City to receive past history from the Texas Industrial Accident Board. SECTION 2-6 : Interviews Interviews will be structured and conducted in such a manner as to appraise each applicant ' s personal fitness for the position, ability to get along with people, and other personal and temperamental qualifications . Any testing relative to the position will be given at the time of interview or proper notice will be given to applicant of date, time, and location of testing . SECTION 2-7 : Rating and Evaluation Rating and evaluation of education, training and experience will be based upon information in the application form and such other data as may be secured through the interview or from other sources which may be subject to investigation as to truth and completeness. SECTION 2-8 : Selection Review As a result of these selection techniques the appropriate department head shall make the preliminary selection of the most qualified applicant. After that selection, and prior to hiring, the department head and applicant will meet with the City Manager . SECTION 2-9 : Medical Examination Before beginning work and after preliminary selection, each prospective permanent employee who has been chosen for employment will be required to undergo a medical examination and drug screening test by a physician designated by the city. No one who is given a medical examination will be employed unless the examining physician certifies that.theatplkaht • meets the minimum standards of physical fitness required for the position and the drug screen test is negative . The cost of the physical will be borne by the city. G PROBATIONARY PERIOD SECTION 3= • Probationary Period Every person appoi gd to a permanent position he service of the City of lie will be required complete successfully a probationary riod of six ths. A ninety day probationary period may be rated to a returning employee who has been previo em eqy d by the City of Wylie and who resigned _in-'good standing .. fin evaluation of the employee is erfory at the end of eac obationary period regar1est of whether it is the initial pe ' d or a subsequent-Period . This evaluation requirement also app p to those eligible for rehire. f i e�a�i1N� PERIOD SECTION 3 - 1 : O ` k4 Pimbarionary Period Every person with the exception of sworn ersonnel and firefighters appointed to a t pos tion in the service of the City of Wylie will be required to complete a I.Jaav curb ry period of ninety ( 90) days . At the end of the ninety ( 90) day period , aW mandatory evaluation will be made . At the discretion of the department head o,r supervisor , up to ninety ( 90) days may be added to the `� ~ %' f o r a total �a�a�#.e.n �a�e -e -a•r`T' P e r i o d F m ary period not to exceed one hundred eighty ( 180) days . ° �.M An evaluat n'� a of the employee w�//lrn�WO4' of each }ix°o `� �'� periodregardless of whether it at theisendthe initial period or a subsequent period . This evaluation requirement also applies to those for rehire . SWORN PERSONNEL: Sworn personnel ( ??Q�-�l`�i� ce officers , etc . ) will be required to complete a p �� nary period of one hundred eighty ( 180) days . Such period to begin after receiving certification . FIREFIGHTERS: Firefighters will be required to complete a -r-e-ba-tt rar-y period of one hundred eighty ( 180) days . Such kki,ev ,r-a-b f-y period to begin after the successful completion of the training school . SECTION 3-2 : Purpose Each department will use the bat-i-ene►r y period to closely observe and evaluate the work of the new employee, to estimate future potential and to encourage -*is effective adjustment to the job and the service of the city. Department heads will retain only those employees who meet an acceptable s n tadard of work during the -@--oba-t-ienar-yo:,en}ukcA period. The--p�-e1tat4enary period may be extended by the department head for a period of thre (3) months with full benefits during the extension of -p3eb§4 ieharg-y period, if the department head determines that additional time is required to properly observe and evaluate the employee. SECTION 3-3 : Termination of Employment A new employee may be dismissed at any time during the 1r.,e, -Probat-i-enary period when, in the judgment of the department head , the quality of the employee's work does not merit continuations of service and the department head has the approval of the City Manager ; el 44\e. She -e'-p ba- ena-r-y employee be found to be in violation 6 of any of the aforementioned grounds for rejection (see section 2-5 ) the department head , with the City Manager ' s approval , may terminate the employee? of fo- cfr t•ed,con1- AN lt/ri ocieh*z 4-0. -} employee terminated/for mny reason is not entitled to any review, redress , grievance procedure, or accruals of vacation time. r�or Shad k 1v�„e A `'copeth� e.. p lory t ,�o rh t�,e C�1 a a SECTION 3-4 : City Equipment When any employee must use any City issued equipment, tools , uniforms, or other supplies , the5 must first sign the appropriate form denoting his possession of the equipment . A signature will also be required when any equipment, tools, uniforms, or other supplies are transferred from one department to another department . SECT ten) 3 S • ;-Employment At Will : Nothing in Q. ;t this section shall be taken or interpreted to alter the at t�+ W Will status of all city employees regardless of whether they have successfully completed an orientation period or not .' SECTION 4 WAGE AND SALARY ADMINISTRATION SECTION 4-1 : Classification and Compensation Plan A. The plan of classification and compensation of positions will be considered an integral portion of these personnel regulations. A classification and compensation plan will be prepared by the office of the City Manager . This plan will be reviewed annually. B. The classification and compensation plan consists of grouping of positions in the city according to type of work, difficulty, responsibility and pertinent wage schedules . The wage schedules consist of listings of all jobs covered by the classification plan together with corresponding rates of pay in effect . SECTION 4-2 : Continuous Study of Salary Rates Prior to the preparation of each annual budget, the office of the City Manager will review and analyze the prevailing rates of pay for similar public and private employment in the area and at large, cost of living factors, budget effects of alternative applications of the pay plan and such other factors as may be of assistance in recommending changes in the plan. On the basis of this information, 4hecl, V e u ty shall recommend blanket changes in the compensation plan or changes in salary ranges for individual positions as is 6 necessary to keep the compensation plan current, uniform, equitable and competitive with other employers of the same class personnel . ' Recommended changes in the compensation plan shall become effective upon City Council approval. SECTION 4-3 : Pay Increases The compensation plan is designed to provide for pay increases to employees, to reward ability and efficiency and to compensate increased value to the city. A. Increases will be granted by the City Manager only upon recommendation of supervisors or department heads , who will give full and careful consideration to the ability, attendance, attitude, efficiency and production records of their employees before making recommendations1 atoktk oH•tr QpuckWt 61. Wt„kLV. vv.wt ht c e0.4„,oc-1 at pry 1/4..zr * Q SVp i or.c cittafE"M` 1‘. 5 . Increases may be advanced or withheld in cases of superior or inferior performance. B. •creases are calculated on a percentage • i wit the limits of the pay range and a based on the otal score of the performance - , aluation. A perform. - e evaluation will • given upon completion of 4 days - • - of service, during which time e emplo is not eligible for a pay increase. A - -c• • • performance evaluation will be given upon ,`sful completion of 180 days (six months) period. Performance evaluations be given - reafter a.0 the individual ' - anniversary date. Inc : . ses are made on a 1 - it basis only and no increas- need be awa • ed upon successful completion the pf obationary period. B . Increases are calculated on a percentage basis within the limits of the pay range and are based on the total score of the performance evaluation . A performance evaluation wit o,be given upon Neu) completion of the `' period . Thereafter , performance evaluations will be given on°r~4 ndividual's anniversary date . Increases are made on a merit basis only . Increases upon • successful completion of the of period , are not automatic . C. Increases shall take effect at the beginning of the next pay period after being approved by the City Manager. D. The City shall from time to time recognize those employees who are working toward improvement of their job skills . SECTION 4-4 : Reduction in Pa co M wt t ages A depart en - hed may reduce the pay of an employee at any time for - GN A written statement of the reasons for the reduction ' shall be furnished to the employee and a copy shall be made a part of -h-i- `'personnel records. The written - statement shall set a date, time, and place for a hearing to be conducted by the department head at which time the employee may appear to respond to, or defend against such • stated reasons for the reduction. Reduction in pay shall stay within the pay range for each group unless exceptional circumstances justify otherwise. No reduction shall deprive an employee of consideration for pay increases at a later date. The employee may appeal the decision of the ' department head to the City Manager within five (5) working days after the decision of the department head is furnished to the employee in writing . SECTION 4-5: Overtime Pay A. A . employee, who is required by his supervisor war in excess of eighty (80) hours in a perio• , hall receive compensation for a ours actually ^ ' rked in excess of eighty • one work period, at • rate of one and one- • • 1f (1-1/2 ) times the regu - r hourly rate - - which he is employed , except • r employes ho are subject to an eighty four (8 • hou work period. Any personnel who is requir by his supervisor to work in excess of eig - fo . (84) hours in a work period, shall rec- ' • e compens• ion for all hours actually worked in excess of e ' ahty four in one work period a rate of one and on -half (1-1/2) times the egular hourly rate at wh ' h he is employ-. . A work period is two weeks days) fro , 2 :01 A.M. Monday through 12 :00 Midni . of I - - second Sunday thereafter. I A . An employee who is required , by the supervisor to work in excess of forty (40) hours in a work period , shall receive compensation for all hours / actually worked at a rate of one and one-half ( 1- O d 0401(:c 1/2) times the employee's regular hourly rate . Dispatchers ( 12 hour shifts) and firefighters ( 24 hour shifts) are exempt from this provision. The ' �; .i pay period is for two weeks ( 14) days from 12: 01 am .4 Monday through 12 : 00 Midnight of the second Sunda / f a thereafter . B. No payment will be made for overtime that has not been certified by the appropriate department head. C. employee who is required by his supervisor wear pager in excess of forty (40) ho n a work wee or call-out duty, will be pensated for a minimu f eight (8) hou regular pay whether he is ac ly call o work or not. If any hourly employee, on direction of his supervisor , is c d t work he shall be compensated fo ours worked a rate of one and one half ' es his regular hourly e. This subse n applies to all department except ce department and fire department . C . CALL-OUT .PAY: If any employee is ' called back to work after leaving for the day, that employee will N a W receive a minimum of two ( 2) hours of overtime ( 1- 'v 1/2 times the regular rate ) for each instance in which the employee has to return to the job site . D. ds will not be c or overtime nor wil compensatory D. Exempt (salaried) employees will not be compensated for overtime . No compensatory time to fle0 will be given to exempt employees . SECTION 4-6: Method of Payment City employees will be paid on a bi-weekly basis. Paydays will be every other Wednesday. Attendance records and other payroll information shall be forwarded to the Payroll Clerk not later than 12:00 noon on the Monday following the weeks 50 9 reported . All payment shall be made by the City of Wylie by bonded check. SECTION 4-7 : Termination Pay A. A self-terminating employee shall be required to wait for t74111A final paycheck until the next regularly scheduled payday. A terminated ( fired ) employee may pick up 'his check on the fourth regular work day following termination. B . A self-terminating employee shall receive payment for all earned but uused accumulated vacation time , provided 4-hee0a4= submitted a notice of no less than two weeks . Under no circumstances shall an employee be paid for earned but unused sick leave . C. When an employment relationship is terminated , an employee must be fully compensated for all unused comp time accumulated . The rate of compensation for each comp time hour in this situation must be the greater of : (1 ) the average regular rate for the last three years of employment; or (2) the regular rate earned at the time of termination. D. An employee who leaves the service of the city (regardless of reason) must obtain f-hliirt f inal paycheck from the personnel office. At that time, tfiej will have to account for any and all city property assigned to-th' 1n, clear all accounts under 44.61( 4s control and complete an exit interview. Failure to complete this exit procedure will result in non-payment of the last paycheck and non-completion of the paperwork necessary to return to the employee +41-4 ' accumulated monies in the Texas Municipal Retirement System. 1 O r,nn t c.ain E . When an employee's service with the city in terminated in good standing , following the // successful completion of the unary period , the employee will receive compensation for all unused personal leave accrued . (See Section 5-4I) When the termination is by voluntary resignation of the employee , the employee shall give the City written notice two weeks' prior to date of 1vpiJ separation . Acceptance of a shorter period of advance notice must be approved by the City Manager . Leaving the employment of the City voluntarily without the above described written notice will make that individual ineligible for rehire by the City . Exceptions will be handled on an individual basis and reviewed by the City Manager for approval . 9 SECTION 4-8 : Seasonal and Temporary Employees A. Temporary employees will be paid at an hourly rate determined by the department head and the office of the City Manager . They are not eligible for standard full-time employee benefits provided by the city. Seasonal employees who are employed only during certain months of the year will be considered temporary employees. B. Any employee changed from temporary to permanent status shall be given full benefits effective on the date he became a permanent employee. The effective date of this change is considered to be the employee ' s anniversary date. SECTION 4-9: Garnishing of Wages It shall be the policy of this city that no deduction from, or garnishment of wages shall be allowed with the exception of (1 ) levy of pay by the federal government for the purpose of repaying tax debts to the Internal Revenue Service or (2 ) court orders, such as child support payments . These exceptions will not be allowed without proper certification. SECTION 5 ATTENDANCE/LEAVE/BENEFITS SECTION 5-1 : Hours of Work The hours during which city offices and departments are open for business will be determined by the City Manager . Being late to a specified duty station may be grounds for dismissal (see section 6-7) . SECTION 5-2 : Attendance Employees will be required to be at their places of work in accordance with the hours established by the City Manager and department regulations . All departments will maintain attendance records of employees . Poor work attendance, without excuse, may be grounds for dismissal , or employee may be subject to a watch program for one year . (See section 6-6) . SECTION 5-3 : Holidays A• Th lowing holidays a a official holidays for , ees . If the holiday falls on Satur , it. will be on the preceding ay. If the holiday falls on Sun ay, ' 3 o1 h\ " days include : 1 . `NYear ' s Day Janua 2 . Mem ial Day La Monday in May 3 . Independence Day ,"1st. ulyMonday in Sept. 4 . Labor Da • 5 . Thanksgivi • Day 4th Thursday in Nov . 6 . Friday follow_ _., Thanksgiving 7 . Christmas December 24 8 . Christm. - gay December 25 9 . 1 Pe. ::• nal holidays to - taken after the c . pletion of one year conti . •us service and only with prior approval of depar •• -nt head . A . The following holidays are declared official holidays for City employees . If the holiday falls falls on Saturday , it will be observed on the preceding l Friday . If the holiday falls on Sunday , it wild be observed on the following Monday • holidays include : 1 . New Year ' s Day January 1Last Monday in May �� 2 . Memorial Day ly 4 Ju 3 . Independence Day Jusl Monday in Sept 4 . Labor Day 4th Thurs . in Nov . 5 . Thanksgiving Day ivin 6 . Friday following Thanksgiving December 24 7 . Christmas Eve December 25 8 . Christmas Day be observed on (The Christmas Eve Holiday may ahsdo n the falls . ) day of of thehe aftereek on which Christmas be B . Te nd or seasonal e e a ° employees , or employeesSfAii 13 . /'Temporary and/or seasonal emploesrem l oyees 1 ^� / who have not completed their probationary will not be eligible for paid holidays . �. N e�l c k empldyee who is absent without authimmediately C. e on the or vac leave preceding or f 1 holiday will lose pay for the y as well as pAY An employee who is absent without immthoaield C . working Personal Leave on the aY y l or following a holiday will lose pay forQW preceding pay holiday as well as p Y for that day . ee who is req�a o work on a ay D. An em an alto a day f or wil be pa wil be 9 r tare for the�tim irked . 2 times his e on a is scheduled o work o D . Any employee ,willbew paid at the regular rate for the holiday will p (double pay for the hours worked plus thr Holiday Those employees whose scheduled hol worked ) . Holiday will be paid for the "daayy o off" falls on a will affect primarily Holiday . This provision t from .1,� Firefighters are exemp /� Police Personnel . this provision . 4 additional days Holidays . These Ff per on is leaverinei lieu ve °of ur ( in accordance of personal additional days off to be scheduled with departmental policy . t . s service, ex 11 employees in the c c ill E. rt- ime employees , t ` orary , seasonal and 1 vacs on day (8 h urs) , nted one additi urs shi who ex welve (12) tion ay s , 10 excep mployees o will be ranted e additional va ick hours , if he loyee has not used y eick leave or injury 1 e benefits in a one yea • 11 have the`opt4on a. ibn�for F. e s .: sick time w - c7.3 A. All employees in the city ' s service, exc- • t temporary , seasonal and part-time employees ; 11 . - allowed vacation leave with pay after / the co ' letion of one year of employment , at t rate of - ' ghty (80) hours per year , except employees who , rk twelve hour shifts , which will ►e at the i rate o eighty four.. (84 ) hours per year . B. Employees who have completed_ , five ( years of !\ continuous .ervice with the city w ' 1 be granted one hundred twenty (120) hours of paid vacation per year , ex -pt departments rn w lve 12) h hour shifts which w ' ll be at e one ' twenty six (12 ) hours per y - ar . C. Employees who ha e compl - ed twelve (12) years of continuous service with he city will be granted one hundred sixty (1 . 0) ours of paid vacation per year , except depart • nts on twelve (12) hour shifts which will b: . t the rate of one hundred sixty eight (168) he rs ,er year . D. Employees who h. a complet -d twenty (20) years of continuous serv ' e with the city will be granted two hundred 00) hours of paid vacation per year , except departments on twelve (12) hour 110 rf � shifts which will be at the r . te of two hundred Q Y �� ten (210) ours per year . A 1 0 E. Absence ' ue to sickness , injury or • isability in t� excess • f that hereinafter authorize, for such e`e , purpos - may , at the request of employee . nd at the Al � ,1 disc - tion of the department head, b- charged 1" aga nst vacation leave . .i1( ii,, E. . ch department or division head will sch -dule 1 ndividual vacation leaves at the request of he 1 1 employee insofar as is possible, taking i o i consideration the employee' s seniority and th. operating requirements of the department . G . During the vacation herein provided for, suchhe -mployee will be entitled to full pay p_ iod at his regular rate of compensation. H . In t - event that one or more paid legal hol ' •ays, as set forth in section 5-3 falls duri g the vacation •eriod herein provided, then a • in that event , the vacation period will be e tended one work day for each holiday. I . Vacation time - - rned during one . nniversary year must be taken du ' ng the foil . ing year . Under special circiimstanc: s, permi - ion may be granted by the City Manager to ca y over vacation time from one year to the Wowing year , but such carry ovef vacation ma iot be in excess of forty (40) hours . J . When an employe - s service with the city is terminated in god standing fol •wing a minimum of one year ' s e - oyment , the emplo -e shall receive componsatio for unused vacation 1 - - ve accrued at - a rate based on years of service a • work week standard : . When such termination is b voluntary resign - ion of the employee, the empioy:e shall 1 give he city at least two weeks written n• ice. 1 3 V 12 in the opinion of the de empio tendance on th p�rtme �-�" an • beneficial to c s necessary or approval ity Manage the employee may, upon eu of vacation leave time. ve compensation r----77iECTION 5 - 4 : PERSONAL LEAVE i' A . The purpose of this policy is to establish a program of personal leave which replaces previous policies which included vacation, sick leave and personal holiday . Other types of leave such as Holidays and Military Leave are not affected by this policy . All departments are participants in this policy and shall be governed by its provisions . 1 B. Personal Leave shall be accrued by employees on a pay period basis . See Schedule "A" for rates of accrual for regular full time employees , Schedule "B" for Dispatch personnel and Schedule "C" for Fire Personnel . SCHEDULE "A" Maximum Hours Years of Tenure Accrued Rate Per Pay Carried to next with City Period (hours/days) Fiscal Year HOURS DAYSi,J;,4, HOURS DAYS 0 - 4th year 6 . 77 22 (41 240 30 5th - 9th year 8 . 31 27 F 320 , 40 1 10th - 14th year 8 . 92 29 400 50 Neal 15th and over 9 .85 32 480 60 SCHEDULE "B" (Dispatch ) HOURS SHIFTS HOURS SHIFTS 0 - 4th year 7 . 11 15 240 20 5th - 9th year 8 . 73 19 324 27 10th - 14th year 9 . 37 20 420 35 1 1 15th and over 9 .85 10 .25 480 40 1 SCHEDULE "C" - (Fire Personnel) 0 - 4th year 10 . 15 11 360 15 5th - 9th year 12 .46 13 . 5 480 20 10th - 14th year 13 . 385 14 . 5 600 25 15th and over 14 . 77 16 720 30 C . Upon implementation of this policy , all previously accrued vacation leave will be converted on a one to one basis . All accrued sick leave will be retained as sick leave and may be used whenever the employee is ill or has been injured off the job . .'.5s D . Upon LetIIIi. IlAl1.L)II OI. I ( l !. L1'Illt'III , dO uWIrr „yi•U wr r L be paid for all accrued Personal Leave at the employee ' s rate of pay at time of termination or retirement . E . Personal Leave will begin to accrue at the end of the first full pay period of employment . F . New employees will not be allowed to use any accrued Personal Leave except in cases of illness , until the successful completion of the ..-p•r-o-ba- G . Personal Leave is an earned benefit and shall be viewed as such . It is made available to eligible employees in order to provide vacation leave , leave for illness , personal business leave and family l.e .ve away from '•'ork without loss of compensation . li . The City recognizes the importance of employees having time away from work ; therefore , employees will be required to use at least ten ( 10) days of Personal Leave during the Fiscal Year . Failure to use the minimum required leave will result in the difference between the amount used and the minimum required usage being deducted from accumulated Personal Leave on October 1 , of the following year . All such deductions will be made prior to determining the required leave usage for the following year . Exceptions will be made only after reviewing individual situations and must have the approval of the City Manager . The maximum amount of Personal Leave which can be used by an employee in any Fiscal Year shall be limited to no more than one hundred twenty ( 120) 0e0) hours or fifteen ( 15 ) consecutive working days for vacation purposes unless a written request is submitted to the City Manager for advance approval . This limitation does not apply to the use of Personal Leave due to illness or injury . I • Most employees that were in service with the City prior to the effective date of this policy have accrued Sick Leave as noted in Section 5-C . This previously accrued Sick Leave may be used for any illness or off-the-job injury . It cannot be used as Personal Leave time and will not be paid by the City at time of termination . Tic CI . r•CSfefv1 tfr-t c 1 -?u JrtHO� c.. •ut•rtr,oe ult.o 're vtoJc1. keer.f4 Slck lrau t or 41rCPSSilP USe Uf Atio•, /Lett r. (1,1 C 'plv ee. SJf� QJPS' `'� Ct 0oreu..1•'1..S100,5A ��OC Ices fo�i;`J61014 Of tierce's etritul h.R-.t 4 et.d gF /41- euJ. atktfMl,.s 14tI tval b«A) e444$ ilk yi,.e �4eh•tl rr +.ken In o aeie wli Ser'/Joi rr?t of s'sr eerg iof J • Employees will be allowed to take only those leave hours that are shown as available on the Personal Leave report as recorded and retained by the Personnel Department . Employees will be furnished a print-out of their accrued Personal Leave hours on a regular basis . K . For unsched ed Personal Leave such as emergencies , illness , etc . , the employee must notify b 4.04. e-r supervisor as early as is practical on the first day of each unscheduled leave , and thereafter as the Supervisor requires . V " L . Whenever possible , the Department Head or immediate Supervisor will schedule Personal Leave (///(- as nearly as is possible to accomodate the request of the employee . However , the Department Head or Supervisor must give consideration to the ability of the remaining staff to perform the work of the department . Requests for use of Personal Leave for other than emergency situations will be made in writing to the Department Head , using a form provided by the Personnel Department . The form must be signed by the employee , approved by the Department Head or Supervisor and forwarded to the Personnel Department for approval . The employee will be notified of approval or denial in a timely manner . M. Approval and usage of Personal Leave may be taken in one ( 1 ) hour increments ; usage of increments of less than one ( 1 ) hour will not be permitted . Any absence of less than ( 1 ) hour may be made up with the approval of the Department Head or Supervisor . 0°.4)) N . A break in employment of more than one ( 1 ) year will cancel previous employment credit toward leave eligibility . 0 . Employees with adjusted employment dates due to transfer , layoff ,etc . , will be regarded as having continuous service and will accrue Personal Leave accordingly . The adjusted employment date will be considered as a new date of employment only for performance�QQ evaluation purposes . t 11�Nt� P . part-time employees , extra help or temporary employees shall not earn Personal Leave and will not be entitled to leave pay upon separation . Q . P.a-e-me-nent , full-time employees who terminate before the end of a pay period will -not earn Personal Leave for that pay period . R . Official holidays occurring while an employee is on npprnved leave are considered as paid holidays and do not affect leave balance . SECTION 5-5: Sick Leave All employees in the city ' s service, exce- t temporary , part-time and seasonal employees 1 'e entitled to sick leave after satisf . tory c . .. .letion of the probationary period f. lowing ini ' al employment. Employees will no receive pay f. the first day of absence due r"o illness. However , they shall -have the optio . to use a personal ' ' liday • credit or vacati , credit , if eligible fo 6uch credit , for ts - first day of absence . Sick eave credit wil accrue, from date of employment , . t the rate • ' eight (8) hours leave;With pay for -ach com• eted month of service upon satisfactory omp/:' ion of probationary period . f 9(1 B. Unused sick leave c '-dit . y be accumulated up to iQto a maximum of nine , ndred si y (960) hours. P C. Employees abse • from work on legal holidays, )1, dur ing sick leave, vacation, or disability Q arising fr . injuries,..sustained in he course of their em• oyment, €6r all authorized leaves of `e c' absence ith pay- and for authorized leav - without �Q, . pay f• not over ten (10) days in any one • lendar yea shall continue to accumulate sick lea e at it' kkfk t• - regularly prescribed rate during such abs - •ce a • s though they were on duty, subject to the :'/ maximum limitation herein provided. • • "" `"'t'luyQu eiiyiule LUr sick leave with pay may uge such sick leave , upon approval of his department or office head , for absence due to personal illness, doctor or dentist appointments. Sick leave may not be used by the employee to attend to personal business or for family members ' illness . Any employ6--on sick leave will inform his immediate ervisor 'of, the fact and the '� reason there s a as soon as pbsglble and failure to do so yei-thin a reasonable time fiey.be, cause for denial a pay for the period of absence. The f department head may require a doctor 's certificate •-bore approving sick leave with pay. ` �. E, Administrative leave of up to three daym will be ranted for death in employees' immediate fa.4ly. ( ouse, , mother , father, sister, • other, gran _ arents , or mother in-law, fath: in-law, sister -law, brother in-law, or gr : 'parents in- laws) . special cases, ext . time can be granted, if ecessary, upon . - 'royal by the City Manager . F. Absences for a fra io• or part of a day that are chargeable to sick 1 - .ye in accordance with these provisions will b - cha ged proportionately in an amount not smal r than four (4 ) hours . Absences for a fraction/or part of a ay that are in an amount amalle than four (4 ) ha' a may be made up on another day with approval of the department head. / G. Sick/leave credits may not be transferred fr one ep floyee to another . SECTION 5 - 5 : Administrative Leave Administrative leave of up to three days will be granted for death in an employee's immediate 1�� family . ( Spouse , mother , father , sister , brother , grandparents , mother-in-law, father-in-law, sister-in-law, brother-in-law or grandparents-in- law. ) Additional leave time may be granted with the approval of the City Manager . SECTION 5-6 : Leave for Hazardous Weather Conditions An employee who fails to report to work for scheduled work hours during hazardous weather conditions, such as icy ' roads, may at his option use vacation time credit, if eligible for such time, in order to receive payment for that time. An employee must call • supervisor when he/she is not going to make it in. Sick time credit shall not be used. 1 SECTION 5-7 : Occupational Disability or Injury Leave (Worker 's Compensation) A. A - ployee disabled as a result o an injury on the Jo ' which is covered by Worke s Compensation shall be ' ranted injury leave th pay at his regular sala for seven (7) orking days. This injury leave 'all not be charged to sick or vacation leave. B. After the aforement • .ed seven (7) days, the employee shall be . id • e difference between his regular salary and any Worker' s Compensation payments receiv - • for such • ury for six months. After six mo - hs the injured -mployee will be reviewed a . : at this time m: only receive worker ' s •mpensation payments, depe ; ng upon the outcome .f the review. The employee sh • be paid an amo t equal to the Workman' s Compe . tion allo : nce, less deductions, for six mon 's fo owing the initial seven days. The employe - w' ll • 'eive Worker 's Compensation payments only th eafter until the employee has been on leave for a tal of six months. After six months,..-t-he-- employee mu eturn to work or shall be--tiplaced and will receive o further_..-cThipensation or benefits from the City.__. 11__injured leave status is subject to_Dev-rew and me opinion at any time . _And'its status may be chang ect to ,the-decision of the City Manager . 1 . '''An employee, while on occupational disability in IIr eave, shall continue to ea ation and sick at the re rate for the six months. There , he employee will no longer earn v on a ick leave credits, and after, x months of su eave, will be reqqui- a- to return to work after proval of- attending physician or be terminate . SECTION 5 - 7 : Occupational Disability or Injury Leave (Worker's Compensation) A. An employee disabled as a result of an injury on the job which is covered by Worker's Compensation shall be granted injury leave with pay at his regular salary for ten ( 10) working days . This injury leave shall not be charged to Personal � Leave .0 ..4 B. After the aforementioned ten ( 10) days , the \\\—..7.!, employee shall be paid the difference between his regular salary and any Worker's Compensation payments received for such injury for six (6) months . After six months the injured employee i will be reviewed and at this time may only receive Worker's Compensation payments , depending upon the outcome of the review. The employee shall be paid an amount equal to the Worker's Compensation allowance , less deductions , for six months following the initial ten ( 10) days . The employee will receive Worker's Compensation payments only thereafter until the employee has been on leave for a total of six months . After six months , the employee must return to work or shall be replaced and will receive no further compensation or benefits from the City . This injured leave status is subject to review and medical opinion at any time . Status may be changed subject ' to the decision of the City Manager . 1 . An employee , will on occupational disability injury leave , continue to earn Personal Leave at the regular rate for the six months . Thereafter , the employee will no longer earn Personal Leave credits , and, after six months of such leave , will be required to return to work with the approval of the attending physician or be terminated . 2 . An employee shall report injuries incurred in the line of duty immediately to his foreman I or supervisor , and file an accident report with Personnel Director . I 3 . When an employee suffers injury or death on the job, the Personnel Director shall complete an accident report immediately on 1 forms provided by Worker' s Compensation and submit it to Worker ' s Compensation as directed , and retain one copy in the personnel files. o +h. eC4A6\ kt.e C. Any exceptions to -tbis policy must 6e approved by the City Manager and City Council . receiving or continuing to receive salary continuation payments, the director of personnel may require an injured employee to submit to examination and treatment, at the City' s expense, by a physician approved by the personnel department . An injured employee forfeits all rights to salary continuation payments if he refuses to submit to an examination or to any diagnostic test, x-ray, surgical procedure, or other treatment prescribed or recommended by the city-designated physician as medically necessary or indicated to diagnose, treat, or cure the employee' s injured condition. E. Medical statement required . All salary continuation payments must be supported by a medical statement from the treating physician, whether partial or full-day leave is granted . F . An injured employee forfeits all rights to any salary continuation payments to which -hey would normally ' have been entitled, if I : �l1,�J (1 ) engages in work, whether part-time or full- time, for pay or as a volunteer, for himself v.t 4oW5AF' o kfor any other person, firm or corporation, while receiving salary continuation payments; (2 ) terminates employment for any reason while receiving salary continuation payments; (3) fails or refuses to comply with the treating physicians ' s instructions or advice regarding treatment of the injured condition; (4 ) fails to act in a manner which is conducive to being off work convalescing from a job-related injury; (5) refuses to perform light, partial , or part- time duty when authorized by the treating physician; (6) refuses to accept or perform a different job with the city that, in the opinion of the treating physician, is within the employee' s physical capacity and for which the employee is qualified or will be trained; +he,It (7 ) represents >re injured condition, physical incapacity, or disability as worse than it is while receiving salary continuation payments; or (8) refuses to return to regular duty after being released for regular duty by the treating physician. G. Use of. vacation and sick leave. The director of personnel must be notified of any denial of salary continuation payments. An employee who is denied salary continuation payments, or who has exhausted salary continuation payments while receiving worker ' s compensation payments, may take .b4-s-' ''r 'i accrued sick leave and vacation leave, but only in the amount necessary to make up the difference between worker' s compensation payments and hire- eltbf regular rate of pay. I . When an employee classified as a full-time employee is eligible for salary continuation payments, the supervisor for such employee may require the employee to perform light, partial or part-time Li/i WuLK when authorizeu by the treating puyslclan. Whenever the salary continuation payments are discontinued for any reason, the employee shall no longer be permitted to perform light, partial or part-time work with the City as long as the employee is classified as a permanent, full-time employee. J. Payment of benefits. An employee enrolled in a health benefits plan who is placed on leave • without pay status under this Act may elect to continue health benefits enrollment while on leave without pay status and may arrange to pay into the Texas Municipal Retirement System of Texas, through the city, the total contribution for enrollment . I ._ K. Tr ' nation for cause or layoff. This Act not prec an employee from being to ed for cause. An ee termi for cause associated with on-the- . jury is not entitled to relief found i s ordin This Act does not preclud employee from being minated duri official reduction-in-force du get reductions. "Termination for reasons other than injury or disability. This section does not preclude an employee from being terminated for reasons other than their disability or continued injury , as otherwise allowed by these regulations . An employee terminated for any such other reason , even if the same is associated with an on the job injury is not entitled to the relief found in this seerin., . Th4a aenrinn a,..... ..... _ -.- SECTION 5-8 : Jury Service or Court Leave Employees who are required by due process of law to render jury service or court service will be expected to perform these duties and will be paid in full for days in which they are in court. Court service does not apply to personal court dates . SECTION 5-9: Military Leave Employees will be allowed leave for military duties upon presentation of military orders in accordance with federal and state statutes. SECTION 5-10 : Travel Expenses Travel policy has been established by resolution. Please see Exhibit "e". .410014010611gb# SECTION 5-11: Leave of Absence The City Manager may grant a permanent employee leave without pay when requested by the employee' s department head for a period not to exceed one (1) year when such leave will not adversely affect the city. A leave of absence does not obligate the city to guarantee re-employment at the same or similar level as prior to the leave. Approved leave of absence will not constitute a break in service; however , the time off will not be accrued time toward longevity or promotion and no sick or vacation time will be earned during this period. SECTION 5-12: Effect of Leave When any leave of absence without pay exceeds two (2) weeks in any month, service credit for all employment privileges will cease until active employment is resumed . SECTION 5-13 : Voting Privileges All employees entitled and registered to vote in national , state, county or municipal elections shall be allowed sufficient time off with pay to exercise this privilege, as determined by individual department heads. 47/ SECTION 5-14 : Social Security Coverage The Social Security Act provides a plan for benefits to workers and their survivors . In accordance with this plan, the city contributes an amount equal to that paid by each employee. The contributions are made to a federal fund from which benefits are paid in the event of the employee' s death, retirement or disability. SECTION 5-15 : Group Insurance In order to encourage an employee to provide greater security for the entire family (as well as the employee) in time of sickness, the city sponsors a group life and health insurance plan . The city pays for the portion of the health and life insurance premium required to cover the employee and if the employee , ate ption , pays for the portion of the health premium required t cover the dependents the city will pay a portion of this . This policy is effective immediately. ,644 SECTION 5-16: Retirement System A. All regular full-time employees with the City of Wylie are required to enroll in the Texas Municipal Retirement System as a condition of their employment if they meet TMRS guidelines for enrollment . B. Each member will deposit (by payroll deduction) with TMRS approximately five percent (5%) of his monthly salary. The city will deposit in the system an amount that shall be allocated each year by the hudget . (1 ) The member must have at least ten years of creditable TMRS service and have been employed by a participating city or cities for ten or more years . (2 ) The military service being purchased must have been performed as active duty in the Armed Forces of the United States (or its auxiliaries) or in the Armed Forces Reserve of the United States (or its auxiliaries) during a period of organized conflict or crisis . Military service performed between April 6 , 1917 and November 11 , 1919 , or between October 16, 1940 and October 31 , 1974 shall be recognized as military service performed during period of organized conflict or crisis under this provision. (3) The employee' s release from active duty must have been upon terms other than dishonorable. An employee who is, or will be, eligible to receive any retirement pay or pension from the United States based upon twenty (20) or more years of active duty or equivalent will not be eligible for Military Service Credit . Likewise, any employee who has been granted military service credit by any other public retirement system or program under the laws of the State of Texas, shall not be eligible for Military Service Credit in TMRS. Credit and make the required deposits to the System within one year after the effective date of adoption of the ordinance allowing such credit, or within one year after the date the person making such application first ' becomes eligible for such credit, whichever date is later . A member with I qualified military service who cannot purchase Military Service Credit within one year of the city' s adoption (because he does not yet have 10 years of creditable TMRS I - service) , will have to purchase his Military Service Credit within one year of the time he completes ten years of creditable service, or lose his eligibility to do so. i 19 (5) A member who meets all of the qualifications for Military Service Credit receives such credit by making application to the System on form TMRS-34 , Application for Military Service Credit . A photocopy of the member' s military service record and discharge status, certified by the city official designated by ordinance to certify official TMRS forms, must be submitted with the Application for Military Service Credit . (6) Along with the Application for Military Service Credit, the member must submit a deposit equal to $15 .00 for each month of military service being purchased . The city will also submit a deposit, depending on the city' s matching ratio in effect at that time, equal to (100%, 150%, or 200%) of the deposit . made by the member . A qualified member may purchase any amount of Military Service Credit he is entitled to receive, up to a maximum of five years (60 months) . If a member elects to purchase less than the full . amount of Military Service Credit he is ' I entitled to, they may not purchase any additional Military Service Credit at a future date. (7 ) The number of months of Military Service Credit purchased by a member is used to II satisfy the vesting and/or retirement eligibility provisions of the TMRS Act. However , Military Service Credit is not 'II included in the calculation of Update Service Credit . D. If an employee leaves the service of the city, whether by resignation or dismissal, before reaching the date of his retirem t, they may withdraw the amount of depositstheyhaUmade to the • TMRS plus credited interest , /subject to the prevailing rules of the Texas Municipal Retirement System. 1I I SECTION 5-17 : Retirement Date A11 t retire n . ter than age seventy (70) except that the f _ er, after consultation with the City Council , may p ove---.. ear extensions of mandatory retir t upon presentation ... department head ' s rec ndation and a doctor ' s certificate's al f itn7 ok4WM . AA", \s. rod \ kj \ SECTION 6 • RESPONSIBILITY, DISCIPLINE, AND GRIEVANCE PROCEDURE GENERAL POLICY STATEMENT EN PERFORMANCE, ATTITUDE, PRODUCTION OR PERS E STANDARD,T OF MPLOYEE FALLS BELOW AN AC THE DEFICIENCIES SUPERVISORS DINT OUT AT THE TIME THEY A . WARNING IN SUFFICIENT TIME FOR IMPROVEM LL PRECEDE FOR SCIPLINE, BUT NOTHING IN T SECTION WILL PREVENT IMMEDT MAL ACTION EVER SUCH ACTION IS IN THE BEST INTEREST OF THE "The performance of all employees , including their attitude , production , and personal conduct is to be maintained at an acceptable level as determined by their supervisors . In the event any supervisor determines that the employee's performance is below the accepted level in any given area the supervisor is encouraged , but shall not be required , to point out such deficiency in writing , contemporaneously with the observance of the deficiency for the purpose of allowing a( the employee to correct the deficiency prior to formal ,•` discipline ; provided however , that nothing in this general policy statement nor any of the other subsections of this \\\\\\ section shall prevent any department head from taking immediate formal disciplinary action including without limitation demotion and termination , when such action is determined by the department head , and/or the City Manager to be in the best interest of the City , and such right to take immediate action is hereby preserved ." SECTION 6-1 : Working Relationships \\ \ to maintain high It will be the duty of each employeend economy in his work efficiency eisisors standards of cooperation, Department heads and sup for the City organize and direct the work of their units to achieve will 9 d0. these objectives. SECTION 6-2 : Outside Employment II of Wylie will not be permitted to An employee of the City conflicts i engage in outside employment where such employment '` orinperformance of duties with the city. or interferes with the p rtment head of such outside ,li An employee shall inform his titahe position. I employment prior to accepting 1 SECTION 6-3 : Political Activity Employees are A. Political Activities Limited -legal right to vote encouraged to exercise theirrublicly using their but shall refrain from p positions as a public employee to influence for or against any candidate for public office. candidate for B . Any employee choosing to become a Council of the City of Wylie shall leave the City on an extended leave of the service of thtymust leave the position absence. The employeefiling as a candidate immediately upon formally employee will for that office. On that date, ther so long as the be allowed to draw vacation pay thereafter ,r the employee has vacation leave; employee will be on leave of absence without eaay. The employee may return only i ng wins the def in the election. If the employee ' election, the employee must resign immediately. Zl• C. Under no circumstances will any city :employee be allowed to campaign for any candidate, even ; himself , during normal work hours or Al any City of Wylie place of work, whether i-h n or off duty at the time. Nor will any/employee be allowed to represent themselves, using their city employment, title, uniform or authority as supporting any candidate for political office. Violation of this provision will be sufficient grounds for immediate dismissal . • SECTION 6-4 : Disciplinary Procedure; Appeal A. Supervisors, or the app opriate level of departmental authority , will , ith the approval of the personnel director , notify an employee in writing of : 1: ' The reason(s) for any disciplinary action proposed to be taken against the employee; 2 .' The type of action being proposed, i .e. suspension, dismissal, etc. ; 3'.• The rules (s) or regulation (s) allegedly " violated, i .e. Personnel Policy section 6-7 B 9; 4•.• The date, time, and place of a hearing of the evidence of violation and the employee's response by the department head; 5'.' The employee' s right to appeal the department " head ' s decision, if necessary within five • days, to the City Manager; and v 6'.' The finality of the department head' s " decision if not appealed. E. If the disciplinary action is sustained, the written decision of the department head or City Manager, whichever is final , shall be placed in the employee' s permanent personnel file. • C. If appealed, the final decision shall be handed down by the City Manager . i SECTION 6-5: Suspension n� d taidOes 1 A. In the interest good discipline, a department head may, for/Any of the reasons set out in Section 6-7 0/recommend suspension of an employee without pay for any length of time up to a maximum of ten (10) days. • 4-‘/V 22 B. During investigation, hearing or trial of an employee on ' any criminal charge, when suspension would be in the best interest of the city, an employee may be suspended , with pay, at the recommendation of his department head and with approval of the City Manager. tit..SECTION 6-6 : Demotion ,' ,.�/ - � ,�,� �i'+t.. v.t�)G�Oy{.i� 'r A. An employee of the city may be demoted f_c-erre—bf • the- grounds for dismissal set out_.irr'Se`ction 6-7B, I� , ►. in the ' _ An employee who is so demot ven notice in writing d "". by the ment head and all eme- s shall be ap ed by the City Manager. "A. An employee who is found to be in violation of any rules or policies of the City or engaging in other misconduct will be subject to appropriate N�� disciplinary action being taken by the department head with the approval of the City Manager ; such action may include , without limitation , demotions in position and or pay ." B. An employee may request or accept voluntary demotion when assignment to a less difficult or responsible work would be to the employee' s advantage and in the interest of the city and would be demoted with current rate of pay. SECTION 6-7 : Dismissal A. A department head , with approval of the City Manage nay-____11_i iss an employee, at any time, i o� fo -ease scertained after careful and 3 factua consideration. A regular employee shall il qw"6 be given two weeks written notice before dismissal if the facts of the case allow this transition period to be extended . All reasons for dismissal '. shall be explained to the employee. A terminated ! , , employee may appeal the dismissal to the City i Manager . II B. Grounds for dismissal for an employee may include ;l but are not limited to: ;I 1 . Use of intoxicants while on duty , or � reporting for duty while under the influence of intoxicants. i 2. Abuse of controlled substance while on duty, I or reporting for duty while under the . influence of a controlled substance. i 3 . Conviction of a felony (a plea of Nolo Contendere will be considered a conviction for the purpose of this section) ; or crimes ; involving moral turpitude which would include, but not be limited to such misdemeanors as public intoxication and disorderly conduct. I 1 4 . Absence without leave for three (3) I consecutive working days or more; 5 . Refusal to obey a just order ; 6 . Willful or reckless misuse, destruction, theft , or conversion of city property, whether on or off duty; 7 . Falsification of official documents or records ; i 8 . Habitual absenteeism; ; 9 . Substandard performance or unwillingness to perform the duties of the position; 10 . Violation of the ordinances of the City of Wylie or of these rules; �; 11 . Non-compliance to the "GENERAL POLICY I STATEMENT" (refer to section 6 ) ; 12 . Non-compliance with any written or established departmental policy; 13 . Repeated or habitual tardiness . - I 1 fir " 14 . Any reason or no reason RR deemed appropriate by ...."0. �r the department head and the City Manager ." "Nothing in this section shall alter 'the at will employment status of the employee and theabove ove enumerated items shall not be the only grounds dismissal ." SECTioN b-8 : Grievance Procedure rievance shhall have the rig ee_� who have any complaint or g A . . ht to present their grievance to a and their department their immediate supervisor , head . desire to formally appeal a B. Should an employee department head, the grievance decisioshall the of tsubmit to the Personnel Director ,a ggrieed party request for the convening of a Board Appeal .a writtenThe employee ' must specify if Board of legal counsel . Upon he/she will be represented the Personnel Director by receipt of this request , will notify the city' s legalshall counsel a board and and to sha ll assemble, as quickly as practicable, be convened at a time and date convenient to all parties . This board shall be made up of three (3) be selected by the members . One member is to another member is to employee convening the board, be selected by the Personnel Directoro and shall t s close as is practical be currently ded by city in a capacity similar tothi that seof the aggrieved party . If possible, ion should be from a different department and a ( ZT 24 volunteer . The third member will preside over the grievance procedure and shall be a department or division head (other than the concerned party) whose name shall come from an alphabetical listing on a rotation basis. C. The decision of this appeal board shall be presented in a sealed envelope to the City Manager for b►z review and final approval . A p\Q� "Nothing in this section shall alter the at will 1v employment status of any employees and likewise nothing herein shall create a contract between the City of Wylie and employees . SECTION 7 y • MISCELLANEOUS PROVISIONS SECTION 7-1 : Operation of Motorized Equipment A. All drivers of motorized vehicles and equipment owned by or used by the City of Wylie shall be responsible for maintaining the standards of operation of such motor vehicles and shall be required to obey all traffic rules and regulations prescribed by law. All drivers must have a current valid driver' s license, and should use every safety measure to prevent accidents. B. It shall be the duty and responsibility of all operators of motor equipment to report to the supervisor any defect in the mechanical equipment when same occurs and to use every precaution to prevent additional property loss expense, or recurrence of such condition . C. The use of city vehicles is to be limited to city business only unless otherwise designated by the City Manager. Under no circumstance should anyone except city employees and individuals involved in the conduct of normal Police Department operations be a passenger in city owned vehicles, except in accordance with Police Department Operational Policy 12-1 and approval from the Chief of Police. Should any city employee be involved in special circumstances that -he1 feel, should be exception to the non-passenger rule, said employee shall request consideration by the City Manager, in writing , prior to violating this provision. This exception, if granted, shall be retained in the personnel file of the concerned employee until such time as the matter is reviewed or no longer necessary. 64? • 25 b. An operator of motorized equipment used in the service of the city who becomes involved in any accident shall be subject to a hearing before the accident review board for an investigation into such accident . E. An operator of motorized equipment used in the service of the city who violates these regulations or becomes involved in any accident shall be ferMlroho+\ subject to suspension or other disciplinary action,inckAlr, if, upon investigation, it is determined that the �1 employee is responsible for such action or through carelessness or recklessness, the employee contributed to the cause of the accident. Any accident involving a city owned vehicle should be reported immediately to the office of the City Manager on the appropriate form. SECTION 7-2: Departmental Policies Each department may establish policies and procedures within the department that do not conflict with the intent of these policies, except Police Department and Fire Department. SECTION 8 EMPLOYEE'S RIGHTS SECTION 8-1 : Employee's Rights A. Employees have the right to state grievances to their supervisors without fear of reprisal. B. Employees have the right to review the contents of their own personnel file. C. Employees have the right to make application for other jobs in the city as the position becomes available. D. Employees have the right to review under supervision, their own payroll records. E. Employees have the right and are encouraged to make suggestions to their supervisors on ways and means to improve city functions. 1/9 26 F. Employees have the right to participate in political activities subject to the guidelines specified in Section 6-3 of the Personnel Regulations. G. No rule contained herein or adopted pursuant hereto shall cause to be created for any employee of the city a property right to continued employment. SECTION 9 EMPLOYEE EVALUATION SECTION 9-1 : Employee Evaluation In accordance with Article IV, Section 7 C (5) , of the City Charter , an oral and written evaluation will be completed on an annual basis for all city employees by their immediate supervisor , including evaluation of the city manager by the city council . SECTION 10 SUBSTANCE ABUSE POLICY SECTION 10-1- Purpose It is the policy of the City of Wylie to maintain a work environment free from the use, possession, and effect of controlled substances and alcoholic beverages. The City of Wylie recognizes that drugs and alcohol impair employee judgment, which may result in increased safety risks, hazards to the public, employee injuries, faulty decision- making , and reduced productivity. Therefore, the City of Wylie expects all employees to be in a state of mind and physical condition fit to complete their assigned duties safely and competently during work hours. SECTION 10-2 DEFINITIONS "Controlled Substance" has the meaning assigned by 41 U.S.C. and 802 and includes all substances listed in Schedules I through V as may be revised from time to time under the Code of Federal Regulations, being 21 C.F .R. 1308 , and as those terms are defined in Article 4476-15 & 102 (4) Vernon' s Annotated Civil Statutes. "Drug" means any substance other than alcohol that is a controlled substance as previously defined in this section. 27 "Medical Practitioner" means a licensed doctor of medicine or osteopathy or a doctor of dental surgery authorized to practice in the State of Texas. "Reasonable Cause" means that the City Manager, Personnel Director , or Department Head believes that the actions, appearance or conduct of an employee on duty is defined as indicative of the use of controlled substances . SECTION 10-3 Pre-employment Substance Screening 44 j�;%'i In order to maintain a safe and drug-free work environment for its employees, the City of Wylie will not hire applicants for employment who are involved in abuse of controlled substances or alcoholic beverages. All applicants for any City positions are required to submit to a drug screening test prior to an employment offer , prior to becoming an active employee . Such pre-employment alcohol and drug testing may involve the applicant providing a urine specimen, blood sample or participating in other medical tests. This testing will be done by the City' s designated physician/medical practitioner at the time a pre-employment physical is given. At the time of drug screen, the applicant will be informed of the testing procedure and consequences of positive results. The applicant will be required to sign a consent release form acknowledging Ae,R er understanding of the test , authorizing the diagnostic procedure, and releasing the test results to the City. Any applicant who refuses to sign the consent release form or refuses to undergo the drug screening will not be considered for employment, since drug screening is an integral part of the procedures used to determine suitability for employment. Positive test specimens will automatically be retested using a different testing method on the same sample. If the second test confirms the positive test result, the applicant will be disqualified from consideration for City employment for twelve (12) months . After the twelve (12) month period the applicant may reapply, but will . again be required to submit to the normal selection process, including testing for controlled substances and alcoholic beverages. SECTION 10-4 Substance Abuse Policy for Current Employees The sale or unlawful manufacture, possession, distribution, and/or use of controlled substances or alcoholic beverages by an employee while on duty or during lunch and other breaks or at any time while the employee is on a City work site or on duty is absolutely prohibited and constitutes cause for discipline in accordance with -Section 6, including dismissal . 28 The appropriate law enforcement agency will be notified of any such sale, distribution, and/or use of illegal substances by employees . Any employee who is arrested for a drug related crime under a state or federal criminal drug statute for violations occurring on or off duty must report their arrest within three (3) days. All employees who are using a prescription or non-prescription drug which may in any way impact their job performance must notify their supervisor in writing as to the possible effects of such medication on the performance of their assigned duties and related physical /mental capability. The Department Head may require a doctor ' s statement if the employee indicates that there is a need to use the prescription drug for an extended period. SECTION 10-5 Employee Assistance It is the City' s desire to help locate assistance to those employees who voluntarily request assistance with personal alcohol or drug dependency problems . Employees are responsible for acknowledging their substance abuse problem and for seeking and accepting counseling or rehabilitation assistance before it impairs their performance or conduct and jeopardizes their employment . If an employee has a substance abuse problem, the employee must first contact 46R ' nee supervisor and request counseling and possible referral for appropriate treatment. Employees who need to enter Substance Abuse Treatment Program will be allowed to choose their own program, provided it is submitted to the Personnel Director for review, approval and monitoring. When possible and appropriate, employees will be referred to less expensive out-patient treatment programs . Time off without pay may be authorized in accordance with the City ' s personnel policy on leaves of absence, if needed, up to 30 days. In most cases, participating employees will be returned to their former or comparable position when treatment is successfully completed . Some of the costs of the treatment may be covered by the City' s health insurance plan. Continued employment is contingent on the employee' s participation in any non-work time follow-up counseling or after care treatment programs. Any employee who has participated in an approved treatment program will be tested 5 on an unannounced basis during the twelve (12) month period following the employee 's return to work. A positive test, admission of current alcohol, or illegal drug use or dependency, refusal to consent to a test, or non- participation in the approved aftercare program will result in discipline in accordance with Section 6 . 29 SECTION 10-6 Alcohol and Substance Testing - procedural Requirements The City may conduct unannounced searches or inspections of City owned property where there is reasonable suspicion of the presence of alcohol or controlled substances . These may include , but are not limited to, lockers , offices, tool chests , and desks located on said City property , work sites, and City owned vehicles. When the City Manager or Personnel Director has a reasonable suspicion that an employee, at work or when reporting to work, is under the influence of alcohol or a controlled substance, or is abusing alcohol or a controlled substance, (o and appears to be impaired or unfit for duty, A-he s-herl-1 a�PcQ shu<< be require4the ewe to submit to a drug/alcohol test. Impairment is defined as being unable to perform their duties safely and competently due to use of alcohol or controlled substances. Reasonable suspicion is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the empl to perform the functions of the job is paired or the employee' s ability to perform r job is reduced. Observations which constitute a factual basis for determining reasonable suspicion may include, but are not limited to: odor of alcoholic beverage , erratic behavior , violent mood swings, excessive absenteeism including tardiness, a medical emergency that can be attributed to drug use , physical on-the-job evidence of drug use, documented deterioration in the employee' s job performance, or an accident which is caused by the apparent action r inaction of the employee. The Department Head or Supervisor will submit information to the City Manager or Personnel Director which describes the incident, in writing , documenting the circumstances leading to the conclusion that a drug test is necessary. Such documentation will include the date, time, place, description of incident, and statements wit paraphernalia, Any other evidence such as drugs , drug containers , etc. will be collected . After documenting the incident, the Department Head will contact the City Manager and Personnel Director to determine if drug testing is appropriate and to arrange for testing . If drug testing is appropriate, the Supervisor or Department Head will transport the employee to the drug specimen collection facility. The type of drug/alcohol test may be based on a urine, blood, or other type of sample as appropriate and which is medically accepted and reliable. After testing, the employee will be transported home by h-isfhgr' supervisor or by a relative and told, not to report to/work until the results of the test are known. e•aR Sexual Harassment Section 10- 1 . Policy It is the policy of the City of Wylie to maintain a work environment which is free from sexual harassment . e(A) Therefore , sexual harassment of one employee by another will not be tolerated and will subject the perpetrator to appropriate discipline . Section 10-2 Definition . The term "sexual harassment" means unwelcome sexual advances , requests for sexual favors , or other verbal or physical conduct of a sexual nature , submission to which is made a term or condition of a person' s exercise or enjoyment of any right , privilege , power , or immunity , either expressly or implicitly , with regard to employment . Section 10-3 Reporting , Investigation A) Reports of sexual harassment shall be made to the employee' s (victim' s) immediate supervisor . In the event the person perpetrating the sexual harassment is the employee' s immediate supervisor the employee may report the harassment to the City Manager , unless and in such event the City Manager is the alleged perpetrator , in which case the report shall me made to the Personnel Director . B) All reports will be promptly investigated in as confidential manner as possible by the person receiving the same , and in all events , the City Manager shall be advised of the report and the findings of the • investigation . C) No employee shall be subject to any retaliation or reprisal for the reports of sexual harassment which are made in good faith . D) Any employee who knowingly or maliciously makes a false sexual harassment complaint or report shall be subject to appropriate disciplinary action ." SECTION 11 • Should any paragraph, sentence, subdivision , clause, phrase or section of this polccy be adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this policy as a whole or any part of the provision thereof other than the part so decided to be invalid , illegal or unconstitutional and shall not affect the validity of the remaining portions of this policy. SECTION 12 This policy shall take effect immediately upon its adoption. PASSED AND APPROVED AS AMENDED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE,21TH DAY OF AU4U rViectior 0.1 7 ' ' ,2/ C��G • John W. Akin, Mayor' ATTEST: 2,is t if `` , I�tllll�(111Jyph ,( Carolyn es, y Secretaryik MEMORANDUM DATE: December 6 , 1991 TO: City Council FROM: Steve Deiter , City Atto =• RE : Acquisition of Real Estatfe�essary to Close Landfill As the Council is well aware it is necessary for the City to acquire portions of certa n tracts of real estate from private owners along the north side of the landfill to comply with the mandated closure plan . At this time negotiations with the subject landowners are on going . However , with the time constraints that the City is under to close the landfill we will not be able to carry on purchase negotiations over a long period of time . Furthermore in the event the negotiations would break down the City needs to be in a position to go ahead and institute eminent domain proceedings to acquire the needed property . Prior to institution of an eminent domain proceeding it is necessary for the City Council to pass an ordinance which determines the necessity for the taking , authorizing negotiations for the purchase of the property and further authorizing institution of the eminent domain proceedings in the even the negotiations are not successful . I am forwarding herewith for your consideration passage at the December 10 Council meeting an ordinance which accomplishes the purposes referenced in the preceding paragraph . I would suggest that the ordinance be passed at this time as a precautionary measure to assure the City that has all options available if and when the negotiation process breakdowns . Passage of the ordinance does not mean that these will be eminent domain proceedings . Rather , as stated in the language of the ordinance , it merely authorizes one to be filed , at some future point , if and when the negotiation process breaks down . Incident to the ordinance the Council may want to be briefed concerning what negotiation has gone on thus far and may also want to authorize certain maximum prices which it would be willing to pay for the properties being purchased . I suggest that the briefing and price discussions be conducted in executive session pursuant to the specific exception to the Texas Open Meetings . Act . It would be necessary to include Paul Beaver in the executive session as he is involved in the negotiation process . Should any of you have any questions on this prior to the Council meeting please do not hesitate to contact me . cc : Carolyn Jones , Acting City Manager Paul Beaver , City Engineer ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS DETERMING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF THE FEE SIMPLE TITLE TO CERTAIN TRACTS OF REAL ESTATE LOCATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS , FOR THE PURPOSE OF CLOSING THE WYLIE MUNICIPAL SANITARY LANDFILL AND RELOCATING ALANIS ROAD INCIDENT TO SUCH CLOSING, ALL AS REQUIRED BY ORDER OF THE TEXAS WATER COMMISSION AND FOR FURTHER MUNICIPAL PURPOSES ASSOCIATED THEREWITH; AUTHORIZING THE CITY ATTORNEY PROCEEDING IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Wylie , Texas has been mandated by the Texas Water Commission to close and seal its Municipal Sanitary Landfill in accordance with the closure plan which has been approved by the said Texas Water Commission ; and WHEREAS , in order to comply with the aforesaid order the City will need to acquire certain limited amounts of real property lying along the North edge of the said Landfill for the purpose of relocating the existing Alanis Lane and for the further purpose of properly sealing the said Landfill , and ; WHEREAS , the City Council of the City of Wylie , Texas , having considered the matter has determined that their is a public necessity for the welfare of the City of Wylie and the public at large to acquire certain real property for right-of- way , utility easements , road relocation , and associated Municipal purposes ; and WHEREAS , in accordance with the above the City Council of the City of Wylie , Texas , hereby finds that it is in the public interest to acquire the fee simple title to the real estate hereafter described for the above stated Municipal purposes ; and WHEREAS , the real property to be acquired for such purposes consists of three separate tracts , located in the E. C. Davidson Survey, Abstract No . , in the City of Wylie , Collin County, Texas , consists of approximately acres and is more particularly described in Exhibit A attached hereto and made a part hereof by reference ( the "property" ) ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , as follows : Section 1 . The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire the fee simple title to the property for road relocation , right-of-way , utility, Landfill Closure , and associated Municipal purposes . Section 2 . The City Manager , Acting City Manager , or their designee is hereby authorized on behalf of the City to attempt to agree to damages and compensation to be paid to the owners of the property. If the City Manager or their designee determines that an agreement for damages and compensation cannot be reached then the City Attorney , or his designee , is hereby authorized to file or cause to be filed against the owners and interested parties of the property , a proceeding in eminent domain to acquire the fee simple title to the property . Section 3 . It is the expressed intent of the City Council that this ordinance shall authorize the condemnation for all property required for the City to completely and satisfactorily close the sanitary landfill site in full compliance with the Texas Water Commission order and mandate , specifically including , without limitation the expressed purposes incident thereto as hereinabove enumerated . If is later determined that there are any errors or discrepancies contained in the description of the property effected hereby or if later surveys contain more accurate revised descriptions , the City Attorney or his designee , is authorized to have such errors corrected and revisions made without the necessity of obtaining a new City Council ordinance authorizing the condemnation of the corrected or revised property . Section 4 . The findings of fact or recitations and provisions as set forth in the preamble of this ordinance are adopted and fully made a part of the body of this ordinance , as if the same were fully set forth herein . Section 5 . This ordinance shall become effective immediately from and after its approval . DULY PASSED AND APPROVED , by the City Council of the City of Wylie , Texas , this day of December , 1991 . John Akin , Mayor ATTEST: Carolyn Jones , City Secretary APPROVED AS TO FORM: Steven P. Deiter , City Attorney