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Personnel Policy and Procedures Manual

Employment

PPP # 20-00
Policy on Employment

PURPOSE

The purpose of this Policy is to establish basic rules for employment with the City of Rockville.

SCOPE

The policy covers the selection and approval of applicants for employment, types of employment, and special classes of employees.

RULES PERTAINING TO EMPLOYMENT

1. The City has, through the Department of Personnel, implemented a Diversity Plan for the City of Rockville. The plan affects recruitment, hiring, and promotion for all job classifications. The Diversity Plan shall be adhered to by all individuals within the city government who are involved in Personnel procedures affecting employment. Information on the plan is available from the Personnel Office.

2. The term "employment" as used in this policy means the appointment, after suitable selection processes, of an applicant to any full or part-time position, be it regular, temporary, provisional or contractual.

3. Probationary Periods:

Probationary periods are an established length of time during which regular employees' performance is closely reviewed to determine their ability to carry out their assigned tasks, their efficiency, and other characteristics relative to the requirements of the positions. Such a review is conducted by the immediate supervisor, the department director, and by the Director of Personnel. If the Director of Personnel determines that the performance of a probationary employee is not satisfactory, the employee may be released from the position with approval from the City Manager.

a. Appointees to regular, non-represented positions are in an initial probationary status during the first full year following the appointment. Those employees in classes requiring the State of Maryland's Police Training Commission Certification shall serve a minimum one-year initial probation, which shall begin upon the completion of all required certification training.

b. Appointees to union-represented positions shall serve an initial probation in accordance with the terms of the union agreement.

c. During the initial probationary period, an employee may be removed for any lawful reason without the right of appeal through the grievance procedure.

d. Initial probationary appointees may be considered for other City vacancies announced on an open competitive basis. Upon successful completion of the initial probationary period an appointee is granted regular employee status in the Civil Service and may then apply for positions posted as promotional announcements. Probationary employees who apply for other City vacancies shall serve at least the length of their initial probation, in addition to any promotional probation. These probationary periods may be served concurrently. In no instance shall an employee receive a Step increase until both the initial and promotional probation have been completed.

e. Initial probationary appointees to union-represented positions may not use annual leave. Probationary appointees to non-union represented positions may use annual leave with appropriate approval. However, employees may not be paid for accrued annual leave if they separate from service for any reason during their first six months of employment.

f. Initial probationary employees may not join a labor union nor an employee organization.

4. Temporary Positions:

a. An applicant may be appointed to a temporary position when there is a need for an employee for a specific time period or task. Temporary employees are not entitled to any leave or benefits afforded to regular employees and are not in the City's merit system.

b. Temporary appointments usually are for six months or less; however, such appointments may be extended with the approval of the City Manager.

c. If temporary employees become regular employees their date of employment for calculating all leave and benefits will be the first day of their regular employment.

5. Regular employees are employees hired in positions that are funded and expected to be continued on a full-time (40 or 37 1/2 hours per week), year-round basis. Employees in this category are entitled to leave and holiday pay and other benefits as defined by applicable policies. Regular employees must become members of the City's retirement plan upon appointment. All appointees to regular positions must serve a probationary period. Regular employees are in the City's merit system and are also referred to as benefits eligible employees.

Regular employees who work less than a 40 or 37 1/2 hour schedule on a continuing basis are classified as part-time regular employees. They are eligible for all benefits on a prorated basis and have all the rights of regular full-time employees, provided they work a minimum of 20 hours per week. Certain seasonal employees may be considered regular employees.

6. Seasonal Employees are employees who work less than 52 weeks per year and may either work full time or part time. Generally these employees are not regular benefits eligible employees. However, certain seasonal employees as designated by the City who work forty weeks per year and twenty hours per week and traditionally are employed in successive years, are provided a modified limited benefits package. These employees with a reasonable chance of reemployment in consecutive years are considered regular seasonal (limited benefits) employees.

7. Provisional appointment to salary graded classes may be granted to an applicant at the request of the department director and with the approval of the Director of Personnel when a position needs to be filled immediately. Such appointment will be made only when an existing employee is unavailable to fill the position in an acting capacity; and a qualified candidate for the position is available from the outside; and the eligibility list for that classification does not exist. Such appointment will be filled only until the Director of Personnel is able to establish eligibility list and an appointment is made. Provisional appointments may not be granted to candidates who are already employees of the Provisional appointees will not receive preferential treatment in consideration of filling the vacancy in which they serve the provisional appointment.

8. Contract employees: Only the Mayor and Council may designate contract positions. Based upon budgetary and/or operational needs, the City may hire employees in approved contractual positions. Salary and eligibility for salary increases and fringe benefits will be governed by the terms of the individual contracts, and recommended to the City Manager by the Director of Personnel, based on a salary survey and comparison to similar positions within the appropriate job market. Such contractual appointments are restricted to Department Directors, and Assistant City Manager classes. The City Manager may request other positions to be contractual as needed to serve the best interest of the City. However, only the Mayor and Council may approve the creation of additional contractual positions.

9. The appointed positions of City Clerk, City Manager, and City Attorney shall serve at the pleasure of the Mayor and Council.

PPP # 20-10
Procedure to Effect Employment

PURPOSE

The purpose of this Procedure is to establish the mechanisms to effect employment in regular positions in accordance with the Policy on Employment, PPM# 20-00.

RESPONSIBILITIES

1. The Director of Personnel is responsible for recruitment, examination, and certification of applicants for consideration.

2. Appointments to fill vacant regular positions will be made by selection from eligibility lists certified by the Director of Personnel.

3. The City Manager is the appointing authority for the City of Rockville. The City Manager will appoint department directors. Division directors (heads of organizational units immediately subordinate to departments) will be appointed by the respective department director with approval of the City Manager. Authority for appointments to positions below division director level is delegated to department directors.

GENERAL RULES

1. No appointment will be made until a position has been properly funded, established, classified, and assigned a pay grade, hourly or flat rate.

2. Only applicants who meet the minimum qualifications, as set forth in approved class specifications will be certified for consideration.

3. Notices of all position vacancies to be filled will be given through the issuance of Recruitment Announcements by the Personnel Department. Such announcements will state whether the positions are to be filled on an open competitive basis (open to all qualified applicants from any source) or on a promotional basis (restricted to non-initial probationary employees of the City of Rockville). All vacancies will be posted on an in-house basis for a minimum of ten (10) working days for represented and non-represented classes. Upon request of the department director concerned, a determination as to whether a position is to be advertised on a promotional or open competitive basis will be made by the Director of Personnel. Should a position be advertised on an open competitive basis, it would be posted as such for a minimum of ten (10) working days. In-house postings and advertising time periods may run concurrently. It is in the City's best interest to select individuals for appointment who best suit its needs. Therefore, no persons shall receive preference for a position by virtue of their employment status with the City, political affiliation, or any other reason, as stated under the rules pertaining to employment (see PPP# 20-00).

4. Eligibility lists created through the open competitive selection process and the promotional selection process will expire after selection has been made to fill the vacancy for which the list was created. All lists may be extended by request from the Department Director and upon the approval of the Director of Personnel up to a maximum of 18 months from the date of their expiration. Such requests will be made in cases where consideration is given to the number of qualified applicants or where the prospect of additional impending vacancies may occur.

In the event the department director making a selection is not satisfied with an existing eligibility list after having reviewed the qualifications of those on the list, the department director may request, in writing, that the recruitment be continued. Based on the availability of qualified applicants, the Director of Personnel will review and either approve or disapprove this request.

5. Appointments will normally be made at the minimum compensation up to 10% above the minimum for the class unless the department director requests hiring above 10% above the minimum compensation. Such a request may be made when there is a shortage of qualified applicants, or if an available applicant offers substantially greater qualifications than the minimum required for the class, and such qualifications are immediately beneficial to the City. Such a request must be made in writing, stating the justification, and is subject to concurrence by the Director of Personnel and approval by the City Manager.

RULES PERTAINING TO PROBATIONARY PERIODS

Original Appointments

1. All appointees to positions from eligibility lists created through the open competitive process are subject to an initial probationary period.

2. Persons appointed to regular, non union-represented positions are subject to a one-year initial probationary period. Where training is required to perform in a position, the initial probationary appointment will extend one year after completion of this training.

3. Persons appointed to regular union-represented positions serve an initial probationary period in accordance with the terms of the union's contractual agreement.

4. All regular, union-represented employees must, upon completion of their initial probationary period, either join the bargaining unit as a condition of employment or pay the union each month a service charge toward the administration of the contractual agreement.

5. Employees may be terminated from service without the right to appeal through the grievance procedure prior to or at the end of their initial probationary period, up to and including the last day of the probationary period. Initial Probationary employees may be terminated for any lawful reason at the sole discretion of the City.

Promotion or New Assignments

1. All regular employees selected from an eligibility list created through the open competitive or promotional process, and who are promoted or assigned a new classification through such selection will be subject to a six-month probationary period when promoted or assigned.

2. Any employees removed for unsatisfactory performance during a promotional probationary period shall be returned to their previous position or another suitable position in the same class in which they previously served and completed a Satisfactory probationary period, if such a position is available. Should such a position be unavailable, the employee will be terminated. Individuals may continue to apply for positions in any class. However, persons who have successfully completed a probationary period in a specific class and are re-employed within one year of their termination may be reinstated to their former class and grade and credited with prior service to the City, excluding the time not in City service, for seniority purposes only with concurrence of the Director of Personnel and approval of the City Manager. In accordance with terms of the pension plan, all prior credited service with respect to the pension plan will be lost. Those persons returning after one year will start as new employees. Those persons returning in another class will serve the required probation.