The administration of the City of Lakewood may manage the City’s business using its judgment and following applicable statutes, ordinances, and regulations, to: A. Discipline employees as appropriate for cause pursuant to the Personnel Merit System; B. Hire, promote, demote, transfer, assign, separate, retire, separate through a reduction in force, and recall employees to work; C. Judge the skill, ability, efficiency, and qualifications of all employees, and otherwise evaluate employee performance; D. Determine and change any conditions of employment, including, but not limited to, the starting and ending times, the number of hours on the shift to be worked, days off to be taken, and the number of hours in the employee’s work week; E. Revise, eliminate, combine, or establish new jobs, benefit plans, and classifications; F. Establish compensation plans and programs; G. Maintain control and regulate the use of City property and equipment; H. Reduce or expand the operation of the City or its departments; I. Determine the number, size, location, and operation of facilities and departments, groups, or divisions; J. Determine City services and subcontract for them as required; K. Determine work assignments and the size and composition of the work force; L. Make, change, and enforce rules, policies, guidelines and practices; M. Establish quality standards; N. Introduce technological changes and new, improved, or modified services, methods, techniques, and equipment; O. Direct and supervise the work force; and P. Manage operations.(Ord. O-2014-9 § 1, 2014; Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
As used in these Personnel Policies, the following terms shall have the following meanings: Administrative leave: Time off with or without pay, granted at the discretion of a supervisor in consultation with the Department of Employee Relations. Administrative regulations: These set forth the procedures, rules, and regulations pertaining to the administration of the Personnel Policies. The City Manager has the authority to amend them. Alternative duty: In some circumstances, a temporary adjustment to an employee’s job duties incorporating physician-ordered medical restrictions may be possible. Such assignments are available at the supervisor’s discretion. Alternative Duty may include temporary assignment, a different position, temporary limitations on the number of hours worked, or some combination of all alternatives. Appeal: The employee’s formal challenge to a disciplinary action. Applicant: A person who has filed an application for employment, submitted a résumé, or filed a promotional consideration form for an open job. Appointment: The placing of a person in a regular full-time, regular part-time, provisional full-time, provisional part-time, temporary, or seasonal position. At-will employment: An employee serving at the will of the City may separate employment at any time or be separated at any time, for any or no reason. At-will employees at the City of Lakewood generally include division managers and higher, and provisional and temporary/seasonal employees. New employees serving an initial probationary period also serve at-will. Career ladder: A path for advancement within a profession with expectations and qualifications defined for each level. Each department retains the right to determine, in consultation with the Department of Employee Relations, expectations, movement, and distribution on the ladder. Classification: Determination of the occupational group, pay level, and exemption status of a position based on the duties performed, authority, responsibilities exercised, and the pay level of comparable positions. Compensation: Pay, wage, allowance, and all other forms of valuable consideration an employee earns for services to the City. Compensatory time: Time off accrued by an eligible non-exempt employee as compensation in lieu of paid overtime. Also known as “comp time,” compensatory time is accrued at a rate of time and one-half of the overtime hours worked. Use of accrued comp time is not required within the pay period in which the time was earned. Time is recorded according to a 40-hour week (or 80 hours in a two-week pay period for police agents, police sergeants, and court marshals). Contractor or independent contractor: An individual who performs work for the City, but is not a City employee. Contractors must meet classification criteria governed by federal agencies, including the Internal Revenue Service, the federal and state Departments of Labor, and the Division of Workers’ Compensation and Unemployment. An independent contractor must also meet the criteria as set forth in Chapter 4.03.060. Demotion: An employee moving from one pay level to a lower pay level. This can be a temporary, involuntary, or voluntary assignment. Department director: The head of a distinct department. Department Directors report directly to the City Manager. Disciplinary action: Action taken by the Disciplinary Authority against an employee for cause, which may include reprimand, suspension, demotion, or termination. Disciplinary authority: The City Manager, a department director, a division manager, or a supervisor may exercise disciplinary authority as set forth in these policies. Employee: Someone hired into a paid position. Employee development: Instruction designed to maintain or increase the proficiency, qualifications, knowledge, skills, and abilities of City employees. Employment seniority: The total number of consecutive months of service to the City as of the most recent date of hire to a regular or provisional position, regardless of department or classification. Employment seniority will be represented by the date reflected in the “date started” field in the Human Resources Information System (HRIS). Exempt: An employee who is exempt from certain provisions of the Fair Labor Standards Act (FLSA). Exempt employees do not receive overtime pay for hours worked more than 40 in one week. Family and Medical Leave which includes Military Family Leave Entitlement: An unpaid leave of absence available to eligible employees that complies with and affords employees the protections of the Family and Medical Leave Act (FMLA). Full-time employee: A regular employee who works a minimum of 37 average hours per work week through a one-year period. Grievance: A formal complaint initiated by eligible employees about the work environment. Hostile work environment: Unwelcome, unreasonably offensive, severe, or pervasive attacks on an employee’s protected status occurring in any place business activities are conducted. It is not a hostile work environment for a supervisor to create legal, ethical expectations or position changes. Job posting: A minimum five-day notice available to City employees outlining the essential functions, requirements, and details of an open position. Journey step: The maximum pay step of the Police Agents’ pay level. Market data: Wage and pay data obtained from a variety of relevant markets, including the public and private sector. Maximum Medical Improvement (MMI): A point at which a physical or mental impairment has stabilized and no further treatment is reasonably expected to improve the condition. The requirement for future medical maintenance, which will not significantly improve the condition or the possibility of improvement or deterioration over time, shall not affect a finding of MMI. Medical separation: A separation from employment based upon the determination that, owing to illness or injury, an employee cannot perform the essential functions of his/her job with or without reasonable accommodation. A medical separation is not disciplinary in nature, so appeal rights do not apply. Non-exempt: An employee who is subject to the overtime provisions of the Fair Labor Standards Act (FLSA). Overtime: Authorized recorded time of non-exempt employees in excess of 40 hours per week (or 80 hours in a two-week pay period for police agents, police sergeants, and court marshals). City administrative regulations and the Fair Labor Standards Act (FLSA) offer certain exceptions to overtime. Part-time employee: A regular employee who normally works an average of 30-36 hours per week through a one-year period. Pay level: The establishment of a pay range for positions with comparable market data, competency, and authority. For police agents, the pay level is a series of pay steps. Performance Review and Development System (PRD): A method for documenting, evaluating, and managing employee performance. Personal Leave of Absence: A period from 30 days to one year in which an employee is temporarily away from his/her job for authorized personal reasons. This requires using accrued leave (other than sick leave). Personnel policies: Title 4 of the Lakewood Municipal Code. Position: A specific job in the City within a classification, occupational group, and pay level. These positions can be regular or provisional (authorized in the budget), or temporary/seasonal. Positional seniority: The total number of months of service since the last date of appointment to the employee’s current regular position. With the authorization of the Director of Employee Relations, seniority may be reinstated to an earlier date. Positional seniority will be represented by the date reflected in the “date in current job” field in the Human Resources Information System (HRIS). Position change: A movement from one specific job in the City to another. Positional probation: Any regular employee who receives a promotion, demotion, or lateral transfer shall serve a period of positional probation and remains otherwise entitled to the procedures outlined here for regular employees. Probationary employee: An employee newly hired, serving a probationary period. An initial probationary employee is at will. Probationary period: The six- to twelve-month time during which an employee’s skills, abilities, performance, and other job-related criteria are evaluated to determine his/her suitability for appointment to a regular position. Police agents serve a two-year probationary period. Promotion: The movement of an employee from one pay level to a level with higher pay and increased responsibility. This can be a temporary, permanent, voluntary, or involuntary assignment. Promotional list: A list of candidates eligible for a promotion. This list expires after a certain period of time, depending on department standards. Provisional employee: A full- or part-time employee hired for a period of less than two years who receives benefits (except pension contributions), but is not entitled to all rights and privileges afforded a regular employee. Provisional employees serve at will. Reclassification: A newly assigned classification of a position based on a study of various criteria pertaining to the position. A position classified from full time to part time or vice versa is considered a reclassification. Reduction in force: Non-disciplinary termination of an employee from a position because of a reorganization; completion or alterations of required programs, projects, or services; changes in methodology by which the service is provided; reductions in service levels; budgetary or related economic restraints, restrictions, or decisions; or other situations that alters the need for a position. Also known as RIF. Regular employee: An employee who has been assigned to a full- or part-time position in the City, receives benefits (including pension contributions), and is afforded the rights and privileges described in the Personnel Policies. Resignation: A voluntary separation from employment. An impending resignation should occur in writing when practical. If an employee voices the intent to resign, the supervisor may accept this declaration with a third party as a witness. Retirement: Separation from the City by an employee who meets specific criteria outlined in the “Employee Benefits Book.” A retirement must occur in writing. Seasonal employee: A full- or part-time hourly employee hired for a designated period, generally less than nine months. Seasonal employees serve at will and are entitled to limited benefits and privileges. Separation: General term for any employee departure from City employment. Special review: A set time period after an employee’s overall performance is rated “Needs Improvement” or “Unacceptable.” This is a tool to improve or develop an employee’s performance. If performance does not improve and remain consistent or is not sustained, the employee may be subject to disciplinary action, up to and including termination. Step or pay step: The pay allocation within the police agents’ pay level. Suspension: A period during which an employee is prohibited from reporting to work. A suspension may be imposed with or without pay as appropriate under the circumstances, and may be imposed during a pending criminal prosecution. The City may delay disciplinary action through the suspension period. Temporary assignment: A period during which an employee takes on different or additional responsibilities. Compensation may increase temporarily, but position and title remain the same. Temporary employee: An employee who has not been assigned to a regular or provisional position and whose work schedule is generally part-time. Temporary employees serve at will and are entitled to limited benefits and privileges. Termination: Involuntary separation from employment. Transfer: The movement of any City employee from one position to another with the same or similar pay level and degree of responsibility, or from one department/division to another department/division. This can be a temporary, permanent, voluntary, or involuntary assignment. Such a transfer will not result in a change in compensation. Transitional status: The temporary employment status assigned to an employee after an injury or illness that causes the employee to be unable to perform one or more of the essential functions of the position, with or without reasonable accommodation. An employee may receive FML or need to work an alternative or reduced-hour schedule. Such employee placed on transitional status may be offered alternative duty. Transitional status may be used for up to one year with a possible four-month extension for good cause. The length of transitional status will take into account the number of employees in the unit and is determined by the supervisor or manager of that unit in consultation with Employee Relations. The transitional status process is administered in accordance with Chapter 4.07.030. Vacancy notice: A five-day minimum posting to City employees outlining the essential functions, requirements, and details of a vacant position. This is also known as a “Job Posting.” Work environment: Any work area on or off City property where City business is conducted. (Ord. O-2014-9 § 1, 2014; Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
The Department of Employee Relations, in consultation with employees and supervisors, determines City-wide training needs. Under the direction of the City Manager, the Department of Employee Relations will organize, coordinate, and administer intra-City training programs; advise and assist departments in developing, administering, and evaluating departmental training programs; and evaluate the effectiveness of training efforts. Each department is allotted a training budget for specialized or technical training needs. (Ord. O-2014-9 § 1, 2014; Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).