Personnel Rules and Regulations

Hiring

Anniversary Dates

An anniversary date is the date on which an employee becomes eligible to receive a performance increase. (Revised October 9, 1999)

Exempt Employee Anniversary Dates

New employees hired into exempt positions will have anniversary dates set according to the following policy: (Revised October 9, 1999)

Persons hired from April 1st through the end of fiscal year will have an initial anniversary date of six (6) months after their date of hire.
Upon successful completion of their initial probationary period, these employees’ anniversary dates will become October 1st of the next fiscal year, and will remain October 1st thereafter (see examples below).
Persons hired from the beginning of fiscal year through March 31st of a year will have an anniversary date of October 1st of the next fiscal year (the same calendar year), and will remain October 1st thereafter (see example below).
Other personnel transactions such as promotions, demotions, reclassifications, special merit increases, etc. will not affect an exempt employees’ anniversary date. (Revised October 9, 1999)

Examples:

Hire Date (examples)	Initial Anniversary Date	Final Anniversary Date
05/07/99	11/7/99	10/1/00
09/20/99	3/20/00	10/01/01
11/8/99		10/1/00
2/10/00		10/01/00

Non-Exempt Employee Anniversary Dates

Non-Exempt employee anniversary dates are based upon the effective date of personnel transactions which affect their salary, e.g., date of hire, extended initial probationary period, promotion, demotion, reclassification. Special merit increases do not result in an anniversary date change. (Revised October 9, 1999)

Employees at the "A" or "B" step will have anniversary dates six months after the effective date of their placement at the "A" or "B" step. Example: A or B step is effective 9/15/00, anniversary date is 3/15/01. (Revised October 9, 1999)

Employees at the "C" thru the "L" steps will have anniversary dates 12 months after the effective date of their placement at a step. Example: Placement at any step between "C" and 'K" is effective 11/15/00, anniversary date is 11/15/01. (Revised October 9, 1999)

Condition of Employment for Direct Deposit or Pay Card

(new policy effective April 19, 2004)

As a condition of employment for all employees, including S01’s, hired on or after April 19, 2004, their pay will be distributed either through Direct Deposit at an appropriate financial institution of their choice or via a Pay Card. Employees must make this selection on their first day of work when completing their new hire paperwork packet. Employees who do not have an appropriate account for direct deposit will need to complete the paperwork for a pay card.

Criminal Records Check

A criminal records check will be conducted on all new hires normally after the new employee orientation session. Upon request, departments may have criminal records checks conducted prior to extending a job offer. Out-of-state checks may also be conducted when requested by departments. Contact the Human Resources Department for additional information.

Falsification or the omission of information regarding an individual’s criminal history will result in an interview with the individual to determine the reason(s) for the falsification and/or omission. The decision to disqualify or terminate the individual will be based upon the following considerations: 1) nature of conviction(s) as it relates to the position sought; 2) recency of conviction(s); 3) number of conviction(s); 4) indication of rehabilitation or lack of rehabilitation (spotty employment record, recurring violations, clean record over a long period of time, etc.); and 5) potential liability if the individual is retained or not retained.

Falsifications may result in removal from consideration for position sought or termination, if hired.

Diversity and Equal Employment Opportunity

The City values diversity in its workforce and to that end, all persons have equal access to employment. All artificial, arbitrary, and non-job related barriers to employment such as race, color, national origin, gender, religion, age, sexual orientation (Revised January 26, 2001) and disability status [including contagious diseases such as tuberculosis (in the non-contagious state) and HIV] shall be eliminated to ensure equal access to employment.

Employment decisions shall be based solely on the basis of job-related merit and ability to do the job.

To achieve diversity in the workforce, a voluntary, results-oriented affirmative action policy, "affirmative recruitment and competitive hiring," is being implemented. This policy will be in compliance with all federal and state laws and regulations which address diversity, affirmative action, and equal employment opportunity.

Driver’s License Verification And Record Check

Employees occupying positions which require the operation of city vehicles or personal vehicles in the performance of their duties, must possess a valid Texas Driver’s License to operate the vehicle. Persons hired who do not possess an appropriate and valid Texas Driver’s License must obtain one within 30 days after being hired (typically within the probationary period).

Employees will not be permitted to operate city or personal vehicles in the performance of their duties if they have: 1) a DWI or DUI conviction or three moving violations in the preceding 24 month period (city and personal vehicles); or 2) lost State of Texas driving privileges by reason of revocation, suspension, withdrawal or denial of license to drive; or, 3) any combination of four chargeable vehicular accidents and violations of the Drivers’ Safety Training and Certification Program policy. Violations of the City’s Alcohol Misuse and Drug Abuse policy may also prohibit employees from operating vehicles for the City.

The Human Resources Department will conduct a driver’s license check on all persons selected for employment in positions that require the operation of city vehicles or personal vehicles in the performance of their duties (Revised 2-10-06). If the check reveals a violation of this policy, appropriate action will be taken by the employee's department.

Periodic driver’s record checks may be conducted to verify employees’ compliance with this policy.

The City may waive the requirements of this policy if deemed in the best interest of the City. Department Directors should discuss waiver requests with the Director of Human Resources. (Revised 2-10-06)

Effective Date of Personnel Transactions

All personnel transactions which involve the completion of a Personnel Action Request form should be assigned an effective date which is the beginning of a payperiod (a Saturday). Exceptions include new hires and terminations. (New Policy effective January 26, 2001)

Eligibility To Work In The USA (Immigration Reform and Control Act of 1986)

The Immigration Reform and Control Act of 1986 requires persons to verify their eligibility to work in the USA. Persons seeking employment with the City must provide documentation showing they are a citizen or national of the U.S., an alien lawfully admitted for permanent residence or an alien authorized to be employed in the U.S.

Form I-9 will be completed during new employee orientation. Form I-9 requires that original documents establishing identity and employment eligibility be shown at the time employees complete their new hire paperwork. Form I-9 lists acceptable documents for establishing eligibility to work in the United States on the back of the form. (Revised Nov. 15, 2004)

Employment Policy

The City of Fort Worth is committed to providing quality service to all of our customers. To accomplish this goal, the City seeks to hire and retain competent persons who are honest, technically competent, and show respect for fellow members of the City team and recognize the responsibility public employees have to our customers.

The City utilizes valid, job-related selection procedures and methods, hiring persons on the basis of their qualifications. Employment applications and other City approved forms are used in the selection process and are available in the Human Resources Department.

Employment References

All requests for information about current or former employees should be referred to the Job Verification number, 1-800-367-5690 or www.theworknumber.com. (Revised 2-10-06) Non-Human Resources Department employees should not release any information about current or former employees without proper authorization.

The information given to prospective employers will be limited to dates of employment, department, job title, and salary. Additional information will not be released without a signed authorization from the person who is the subject of the inquiry.

City officials and hiring authorities are encouraged to cooperate with and to provide employment related information to one another upon request. Such requests are not limited to the information noted above.

Employment Of Relatives

A person shall not be employed or promoted if such employment will place him/her in a position of supervising or being supervised by a member of his/her immediate family; or where an immediate family member occupies a position which could affect the other’s employment, promotion, salary administration, and other related management or personnel transaction.

No Department Director, Assistant Department Director, or Division Head shall appoint or employ any person within his/her immediate family, nor use his/her position to influence another City employee to hire a member of his/her immediate family.

For the purposes of this policy, immediate family is defined as wife, husband, mother, father, brother, sister, son, daughter; mother / father / brother / sister / son / daughter-in-law; grand-mother / father / son / daughter; step-mother / father / son / daughter; uncle, aunt, niece or nephew. These familial relationships include both blood and marriage based relationships.

In addition to familial relationships, personal relationships and/or associations, the nature of which would lend themselves to favoritism, are also prohibited in employment and promotion decisions.

Employment Testing

The Human Resources Director has the authority to establish examinations and/or selection procedures for all classifications. All tests must be developed or approved based on appropriate federal guidelines or test development professional practices, by the Human Resources Director. Departments shall not develop or administer any type of examination without the review and approval of the Human Resources Director or designee.

For examinations conducted or arranged by the Human Resources Department, test candidates must show a picture identification at the examination site prior to the examination. If a staff member administering an examination must repeatedly warn a candidate of suspected cheating and/or inappropriate disruptive behavior, the candidate will be removed and receive a failing score. Candidates removed from an examination may retest three (3) years after their removal.

Candidates who fail a written examination will not be allowed to test again for the same class unless an alternative form of the examination is available and thirty (30) calendar days have passed. The same written examination may be taken four (4) months after the date of the first exam.

Examination scores for persons who successfully pass an employment examination shall remain on a rank-ordered list of eligible candidates applicable for the classification(s) to which they apply for three (3) months (this applies to all applicants including City employees).

Open Continuous Examinations – Open continuous examinations may be conducted for some classifications.

Eligibility of Temporary Employees to Apply for Promotional Positions

Employees in temporary City positions (S Key Codes) are not eligible to apply for positions that are opened as “Promotional Only” until they have been employed with the City for six months or more. (revised June 1, 2004)

Employment Verification

Employment verification inquiries should be referred to the Job Verification number, 1-800-367-5690 or www.theworknumber.com Information given in response to requests to verify employment will be limited to an employee’s hire date, job title, and salary range. (Revised 2-10-06) Additional information will not be given without a signed release from the employee.

Hiring Below Minimum Salary Rate

Department Directors may hire or promote persons below the entry level of a position in lieu of a "trainee" position or when qualified persons cannot be hired or promoted, and consequently, persons who do not meet minimum qualifications are hired.

Persons hired below the entry level of a salary range will remain at the rate hired until they acquire the qualifications they lacked (skills, knowledge, abilities, experience, education, licensing, certification, etc.) They are eligible for cost of living (across-the-board) salary increases, and are eligible for merit increases provided such increases do not place employees at or above the entry salary level.

Minimum Employment Age

Persons 16 to 18 years of age may be employed in non-hazardous positions. Occupations declared to be hazardous to persons between 16 and 18 years of age by the Department of Labor include: motor vehicle driver and outside helper, operating power-driven machines, operating elevators and power-driven hoisting equipment, chain saws, operating circular saws and guillotine shears, roofing, and excavation labor.

Federal and state child labor laws are the City’s policy. Persons under the age of 16 years will not be employed by the City. However, special programs approved by the City Manager are exempt from this prohibition.

Persons between the ages of 16 and 18 years must provide a copy of their birth certificate to verify their age. The birth certificate must be attached to the person’s application and retained in his/her personnel file.

New Employee Processing And Orientation

All approved Personnel Action Request forms and accompanying paperwork must be received by the Human Resources Department’s HRIS Section by 4:00 PM on the Thursday before the 8:30 AM Monday orientation session, at the Human Resources Department in the annex Building, 608 Monroe. (Revised 2-10-06)

Persons moving from a temporary/seasonal status to regular status, part-time to full-time, on-site hires, and new hires are required to attend an orientation session. Photo identification (e.g., driver’s license, military I.D., etc.), social security card, and other documents to verify one’s eligibility to work in the USA must be available to be verified and (Revised 2-10-06) photocopied.

City of Fort Worth employee handbooks will be distributed at the orientation and basic employee policies will be discussed. Employee benefits including retirement, leave privileges, and group health benefits will also be discussed. A city identification card will be prepared during orientation.

Departments must notify employees where they are to report for work after the full (Revised June 1, 2004) day orientation session is completed.

After six (6) months employment, a follow-up orientation session will be scheduled to discuss organizational culture, the City’s expectations of employees, and additional benefits which are available after successful completion of the initial probationary period.

On-Site Hiring

Departments may use the on-site hiring process when filling S01, extra help, and seasonal positions. With the Human Resources Department's approval, departments may fill regular positions on site when recruitment efforts have not been productive, the positions being filled have limited minimum requirements, the positions experience high turnover or other situations justifying on-site hiring.

Over Filling Positions for Training Purposes

(new policy effective Nov. 15, 2004)

The City recognizes the value of allowing staff to receive training for a promotional or lateral position from that incumbent’s position. Subject to budget limitations, departments can over fill positions for the purposes of providing such training on the job. Such positions can be over filled for a maximum of 6 months, after which approval from the Human Resources Department is needed to continue the overage.

Privacy Of Employee Records

In accordance with State law, all information contained in City employee personnel files is public with the exception of information that is, by law, considered to constitute a clearly unwarranted invasion of personal privacy or falls under a specific statutory authorization of confidentiality.

Examples of information that are a matter of public record and, upon official request, must be released for public inspection: Name, sex, ethnicity, age of an officer or employee; date of employment or appointment to the City service or, if applicable, the termination date; position title; salary; and, department to which the employee is currently assigned.

The information described as public record is maintained in the Human Resources Department. Any person may have access to this information for the purpose of inspection and review during regular business hours. Any person desiring such information may submit a written request to the Human Resources Department’s Records Section, or to the City Manager’s Office.

Confidential information contained in a City employee’s personnel file shall be open for inspection by the employee or his/her duly authorized agent.

An employee of the City who objects to material in his/her personnel file on the grounds that it is inaccurate or misleading may seek to have the material removed from the file by filing a formal grievance with the Human Resources Director or designee. The employee may be permitted to place a statement in his/her personnel file relating to the material.

Probationary Periods

Initial Probationary Periods

An initial probationary period is the period of time during which a new employee becomes familiar with his/her new job. The new employee will determine whether or not he/she can perform the duties of the job and if he/she wants to keep the job. Likewise, the City uses this time to determine whether or not the employee can perform assigned tasks satisfactorily and, whether or not the employee can and is complying with work rules and policies.

Employees cannot be transferred, promoted, demoted or reclassified during their initial probationary period. (Revised January 26, 2001) Employees may not apply for other positions within the City during their initial probationary period. (Revised 2-10-06) A probationary employee may be dismissed at any time during the initial probationary period. Initial probationary period employees are “at will” employees.

All full time, regular employees (non-Civil Service) are in a probationary status for the first 6 months of employment. All part time, regular employees are in a probationary status for the first 6 months of employment. (Revised January 26, 2001) Civil Service employees serve a one (1) year probationary period except those former police officers reappointed by the Police Chief who serve a six (6) month probationary period. (Revised October 9, 1999)

Initial probationary periods may be extended up to 3 months (full time positions) or 1 1/2 months (part time positions) at the discretion of the Department Director or designee. (Revised October 9, 1999) Extensions must be in writing, issued prior to the end of the initial probationary period, identify the reasons for the extension and what the employee must do to successfully complete the probationary period. (Revised 5-8-07) A copy of the extension must be signed by the employee (if the employee refuses to sign note on notice) and submitted to the HRIS/Records Division. If the employee is off work for an extended period of time (weeks) the dates of the extended probation will be adjusted accordingly. (Revised 02/23/2009)

A formal performance evaluation session will be conducted at the end of an employee’s initial probationary period.

Following completion of probation, accrued leave benefits are available for use with supervisory approval; leave becomes available when the employee receives the paycheck for the pay period in which he/she completed probation. (Revised 02/23/2009)

Non-Exempt Employees at the "A" Step are eligible for a performance step increase after completion of their six month probation if their overall performance rating is Competent or higher, subject to the budget approved by the City Council (revised June 1, 2004). Exempt employees are not eligible for an increase after 6 months of employment.

Initial probationary period employee may access funeral leave if approved by the Department Director. (Revised October 9, 1999)

Other Probationary Periods

Employees who transfer, promote, or demote from one position to another will serve a six (6) month (Revised October 9, 1999) probationary period (employees have access to accrued leave during these probationary periods). These probationary periods may be extended up to an additional three (3) months. Such extensions must comply with the provisions presented above. (Revised 02/23/2009) A formal performance evaluation session will be conducted at the end of the employee’s probationary period. Transfers which are temporary assignments or reassignments where there is no significant change in job duties and the move is within the same department are exempt from the six (6) month probationary period requirement.

If a probationary employee cannot satisfactorily perform the assigned duties of the position into which he/she promoted or transferred, the Department Director or designee has the discretion to place the employee back into his/her former position or another comparable position if such a position is available.

Disciplinary Probationary Periods

Any employee may be placed into a probationary status because of unsatisfactory work performance and/or because of work rule violations. Disciplinary probationary periods may be up to six (6) months in duration and may not be extended beyond six (6) months.

Promotion, Demotion, Transfer Employees who receive an overall performance evaluation rating of Unsatisfactory or Needs Improvement (revised 02/23/2009) will be placed in a probationary status. If their overall job performance does not improve to a satisfactory level, they will be terminated or demoted.

Refer to the Disciplinary Action policy (Employee Conduct Section) for further guidance.

Promotion, Demotion, Transfer

A promotion is the movement into a classification having a salary grade with a higher entry pay level (revised Nov. 15, 2004) than the previously held classification. (Revised January 26, 2001)

A demotion is the movement into a classification having a salary grade with a lower entry pay level (revised Nov. 15, 2004) than the previously held classification. (Revised January 26, 2001)

A transfer is the movement into a classification with the same entry pay level (revised Nov. 15, 2004) as the previously held classification. (Revised January 26, 2001)

Recruitment Policy

The City of Fort Worth is committed to providing employment opportunities to all persons who are interested and eligible to work for the City. The City values diversity in its workplace, therefore, recruitment activities will be inclusive so all persons regardless of race, ethnicity, gender, religious affiliation, age, sexual orientation (Revised 2-10-06) or disability status will have an equal opportunity for employment.

Re-Employment

Voluntary Separations

Persons who desire to be re-employed by the City within one year after leaving in good standing (voluntary separation with acceptable work record) may be rehired by their former departments on a non-competitive basis, if a vacant position in the classification is available. Rehired persons will have the same status as a new employee and will not have previously accrued, unused leave time restored. (Revised October 9, 1999)

Persons re-employed will receive adjusted service dates to reflect their previous service with the City.

Involuntary Separations

Persons involuntarily terminated for work rule violations (disciplinary reasons) are not eligible for rehire for 5 years after the date of termination.

Persons involuntarily terminated for non-disciplinary reasons (e.g., resignations, inability to do job, health, etc.) are eligible for re-employment. (Revised January 26, 2001) Such cases will be considered on a case-by-case basis by the Human Resources Director or designee.

Regular Employees Working Temporary Second Jobs For The City

Regular City employees (including sworn personnel in Police and Fire) shall not be employed in temporary, seasonal or less than half time City positions (S key code positions). (Revised 02/23/2009)

Reinstatement

Reinstatement refers to those instances where a non-civil service employee who appeals an involuntary termination is put back to work as a result of the appeal. The service record of reinstated employees will reflect a break in service when full back pay is not awarded. Accrued leave benefits will be reinstated and immediately available to the employee, unless the terms and conditions of the reinstatement specify otherwise. If the reinstatement provisions are silent on relevant reinstatement matters, those matters will be processed in accordance with standard procedures.

Temporary, Seasonal and Less than Half Time (S Key Code) Positions and Employees (New Policy Effective 02/23/2009)

Temporary, seasonal and less than half time positions also known as S key code positions may be used to hire personnel to compensate for staffing shortages, provide additional help in times of emergency, assist in completing time sensitive projects, perform work that does not justify the creation of a permanent position and perform work that will be completed in a short or defined period of time. S key code positions may also be used for work that is seasonal or sporadic, e.g., Umpires, Lifeguards, and School Crossing Guards. S key code positions are short term; they augment existing staffing levels and are not intended to serve as regular, authorized positions.

Persons may not be hired as S key code position employees to perform the duties and tasks of existing regular, authorized positions on a long term basis. S key code positions are not a substitute for a regular, authorized position.

Limited Duration of S Key Code Positions

No S Key Code position will be permitted to be continuously filled for more than two (2) years unless it remains under 1040 hours in a rolling 12 month period. An S key code position that has been filled continuously or for a majority of the time within a two year time period must be evaluated for conversion to a regular, authorized position. A decision package should be submitted to add the S key code position as a regular, authorized position during the appropriate budget cycle.

S key code positions are linked to “shadow classifications” - Shadow classifications are classifications that are similar to the level and scope of the work required of the S key code position. The “shadow classification” is used to determine an appropriate level of pay for the position and to determine the FLSA status of the S key code position. Individuals selected for an S key code position must meet the minimum qualifications for the “shadow classification”.

Hiring a retired City of Fort Worth employee into an S key code position – Permission to hire a retired City of Fort Worth employee into an S key code position must be given by the Human Resources Director. A request to hire a retiree must include: 1) the reason for the hire; 2) the salary the retiree will receive as an S key code employee; 3) the period of time the retiree is expected to work in the position; and 4) an explanation of the job duties the retiree will be performing and how those duties differ from the job duties the retiree performed as a regular employee. Other factors may be considered to insure that the intent for hiring a retiree into an S key code position is for the appropriate reasons. A retiree must be separated from the City for at least three (3) months prior to being hired as an S key code employee.

Benefits - Persons hired to fill S key code positions are not entitled to full regular employee benefits. S key code employees are eligible for the benefits which are available under the Workers’ Compensation Act, FICA Alternative Plan, Medicare, the Fair Labor Standards Act, and the Family and Medical Leave Act.

Rate of pay for S key code employees shall be at the discretion of the Department Director. Typically, due to the limited or temporary nature of the work assignment, the starting rate of pay will be less than the entry rate for the “shadow classification”. Factors which may be considered in determining the appropriate salary include; 1) the entry rate of pay of the classification which is comparable to the temporary position; 2) whether the S key code employee will be performing some or all of the tasks assigned to incumbents in the comparable classification; 3) the current market salary for such positions (realizing the City’s salary structure is not based solely on outside market salaries); 4) whether the position is part time, full time or seasonal; 5) the employee’s past tenure and performance with the City (if applicable); and, 6) whether the position is a training type assignment.

Exemptions from this policy include positions in the City’s Temporary Services Pool, job carve positions, interns, elected officials and their staff.

See Appendix 11 for additional information on S key code positions and employees.

Verification Of Employment Application Information

The information provided on employment applications and resumes will be subject to verification. The City values personal honesty and integrity in its employees. Individuals who falsify and/or omit significant information may be disqualified from further consideration for employment or if discovered after employment, may be terminated.

Verification of Educational/Certification/License Qualifications: It is the applicant’s responsibility to submit all required documents such as high school/GED diplomas, college degrees/transcripts, professional/technical certifications and licenses with employment applications. Failure to submit verification documents will not, however, disqualify an applicant for consideration of employment. If hired, however, individuals who did not present required documents with their application must submit those documents before the expiration of their initial probationary period.

Departments are responsible for ensuring that all required qualification verification documents are submitted and sent to the Human Resources Department’s HRIS Section. (Revised 2-10-06)

Employment and Personal References: Departments are encouraged to contact previous employers to verify employment histories. The City’s employment application contains a consent statement to release information to the City upon request which applicants must sign.

Departments are encouraged to contact any personal references provided by applicants.

Waiver Requests

Department Directors may request waivers of personnel rules and regulations. Written waiver requests should be sent to the Human Resources Director who will review and approve or deny the request. requests should identify the rule or regulation to be waived and the reason for the requests. If a request is denied, the Department Director may appeal to the Personnel Committee who will decide whether to approve, deny or approve amended or alternative waiver. Requests and responses will be processed as expediently as practicable. (New policy effective January 26, 2001)