30-City of Dallas Personnel Rules.pdf

Personnel Rules Chapter 34

9-18-24

Table of Contents

Contents

ARTICLE I. GENERAL PROVISIONS

SEC. 34-1. POLICY

SEC. 34-2. ADMINISTRATION

SEC. 34-3. PENALTY

SEC. 34-4. DEFINITIONS

SEC. 34-5. CONDITIONS OF EMPLOYMENT

SEC. 34-6. REQUIREMENTS FOR INDUCTION

SEC. 34-7. APPLICATION FOR EMPLOYMENT

SEC. 34-8. APPOINTMENTS

SEC. 34-9. ELIGIBILITY FOR BENEFITS

SEC. 34-10. REAPPOINTMENTS

SEC. 34-11. PROBATION

SEC. 34-12. DEMOTIONS

SEC. 34-13. TRANSFERS AND REASSIGNMENTS

SEC. 34-14. TERMINATIONS

ARTICLE II. COMPENSATION

SEC. 34-15. GENERAL

SEC. 34-16. WORK HOURS

SEC. 34-17. OVERTIME AND PAID LEAVE FOR CIVILIAN EMPLOYEES

SEC. 34-18. PAY FOR VACATION LEAVE

SEC. 34-19. WORK HOURS, PAID LEAVE, AND OVERTIME FOR PUBLIC SAFETY EMPLOYEES

SEC. 34-20. EXEMPT EMPLOYEES

SEC. 34-21. DISTRIBUTION OF PAY CHECKS

ARTICLE III. LEAVE POLICIES

SEC. 34-21.1. GENERAL

SEC. 34-22. SICK LEAVE

SEC. 34-22.1. MEDICAL TESTING

SEC. 34-22.2. QUARANTINE LEAVE

SEC. 34-22.3. MENTAL HEALTH LEAVE

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SEC. 34-22.4. COMPASSIONATE LEAVE

SEC. 34-23. VACATION LEAVE

SEC. 34-24. COMPENSATORY LEAVE

SEC. 34-24.1. FAMILY AND MEDICAL LEAVE

SEC. 34-24.2. PAID PARENTAL LEAVE

SEC. 34-25. HOLIDAYS

SEC. 34-26. COURT LEAVE

SEC. 34-27. DEATH-IN-FAMILY LEAVE

SEC. 34-28. LEAVE WITHOUT PAY

SEC. 34-29. LEAVE WITH PAY (EXCUSED ABSENCE)

SEC. 34-30. MILITARY SERVICE/MILITARY LEAVE

SEC. 34-31. INJURY LEAVE

SEC. 34-31.1. MANDATORY CITY LEAVE

ARTICLE IV. BENEFITS

SEC. 34-32. HEALTH BENEFIT PLANS

SEC. 34-33. LIFE INSURANCE

SEC. 34-34. RESERVED

ARTICLE V. RULES OF CONDUCT

SEC. 34-35. FAIR EMPLOYMENT PRACTICES

SEC. 34-36. RULES OF CONDUCT

ARTICLE VI. DISCIPLINE, GRIEVANCE, AND APPEAL PROCEDURES

SEC. 34-37. DISCIPLINE PROCEDURES

SEC. 34-38. GRIEVANCE AND APPEAL PROCEDURES

SEC. 34-39. APPEALS TO THE CIVIL SERVICE BOARD…………………………………………………...60

SEC. 34-40. APPEALS TO THE TRIAL BOARD OR ADMINISTRATIVE LAW JUDGE……………………….69

SEC. 34-41. RESERVED………………………………………………………………………………..…78

ARTICLE VII. WAGE SUPPLEMENTATION

SEC. 34-42. RESERVED

SEC. 34-43. WAGE SUPPLEMENTATION PLAN

SEC. 34-44. RESERVED………………………………………………………………………………... 81

SEC. 34-45. BENEFIT POLICY FOR OFF-DUTY SECURITY OR TRAFFIC CONTROL SERVICES……………. 81

9-18-2024

ARTICLE I.

GENERAL PROVISIONS.

SEC. 34-1. POLICY.

The provisions of this chapter are subject to modification, rescission, and amendment by the Dallas city council at any time. Nothing in this chapter conveys a contract of employment with the city of Dallas and nothing in this chapter is intended to be a term of a contract when combined with any other document, instrument, or writing. Nothing in this chapter conveys a private cause of action to any employee. (Ord. Nos. 24873; 26182; 30657)

SEC. 34-2. ADMINISTRATION.

(a) City manager.

(1) The city manager is designated by the charter as the chief administrative and executive officer with appointing authority for all positions of employment with the city, except as otherwise provided by the city charter.

(2) The city manager is responsible for employee efficiency, morale, and welfare. The city manager, a department director, or a designated representative of either may discharge, demote, suspend, or reprimand any employee, subject to provisions of the charter.

(b) Director of human resources. The director of human resources is appointed by the city manager to administer the human resources system as established by the city charter, this chapter, and other applicable city ordinances and state and federal laws. Responsibilities include, but are not limited to, the following:

(1) Establishing processing and orientation procedures for all new city employees.

(2) Reviewing and approving all appointments, reappointments, and reinstatements to city employment.

(3) Providing and administering human resources programs, rules, regulations, procedures, and actions affecting employment status, including, but not limited to, promotions, transfers, leaves of absence, and paid leave programs.

(4) Administering and ensuring compliance with disciplinary and grievance procedures in cooperation with department directors, assistant directors, and supervisors, except as otherwise provided in this chapter.

(5) Reviewing departmental human resources programs, rules, regulations, procedures, and actions and ensuring compliance with city policies and this chapter.

(6) Ensuring departmental compliance and cooperation with the rules and regulations of the civil service board, when applicable.

http://files.amlegal.com/pdffiles/Dallas/30657.pdf

(7) Providing regulations, guidelines, procedures, and assistance to employees and departments regarding human resources-related complaints, excluding formal complaints filed with the civil service board.

(8) Regulating information made available to employees by regular distribution, including all charity drives or fund solicitations in which employees are asked to contribute or participate.

(9) Developing and administering, in cooperation with other departments, training and development programs for city employees.

(10) Administering the employee benefit program as directed by the city manager.

(11) Developing, recommending, and administering equitable compensation and benefit programs for city employees.

(12) Maintaining master employee human resources files and, in consultation with the city attorney, developing procedures for responding to all requests for human resources information.

(13) Reviewing all council resolutions amending the number of budgeted positions or the salary and classification schedules.

(14) Maintaining an employee service awards program.

(15) Administering classification and evaluation programs applicable to positions of employment.

(16) Administering the unemployment compensation program.

(17) Maintaining a human resources information system and preparing and submitting all statistical human resources reports required by federal, state, or other agencies.

(18) Providing guidance, consultation, and personnel information to other departments.

(19) Developing and maintaining an employee performance evaluation and associated merit pay program.

(20) Performing all other actions necessary for the proper administration of the human resources system as established by the city charter, this chapter, and other applicable city ordinances and state and federal laws.

(c) Fire and police departments. The chiefs of the fire and police departments shall, respectively, designate an officer of rank in each department who shall act as human resources officer, subject to the direction and supervision of the chief of the department. Those officers shall cooperate with the director of human resources in all departmental human resources matters relating to their respective departments and maintain complete departmental human resources records.

(d) Certification for classified positions. The names of persons eligible for classified positions are certified by the civil service board only upon request of the city manager, a department head, the director of human resources, or a designated representative. (Ord. Nos. 19340; 19473; 22026;

24873; 28424; 31745) http://files.amlegal.com/pdffiles/Dallas/31745.pdf

SEC. 34-3. PENALTY.

An employee who fails to comply with this chapter, or who violates one or more of the rules of conduct set forth in this chapter, is subject to appropriate disciplinary action, including reprimand, suspension, demotion, or discharge, whichever is applicable. All disciplinary action taken and any appeal from the disciplinary action must be in conformance with the procedures established by the city charter, this chapter, departmental rules and regulations, and other applicable law. (Ord. Nos. 19340; 24873)

SEC. 34-4. DEFINITIONS.

In this chapter:

(1) ADMINISTRATIVE TERMINATION means termination because of death, disability, service retirement, or end of a temporary assignment.

(2) APPOINTMENT means:

(A) initial city employment; or

(B) placement into a position of department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter, regardless of whether the placement was through a competitive or noncompetitive selection process.

(3) ASSIGNMENT PAY means additional compensation for specialized duties as established by the salary and classification schedule.

(4) AUTHORIZED POSITION means an individual position described by a specific classification title and approved by the city council. Any change to an authorized position requires city council approval.

(5) BASE HOURLY RATE OF PAY means the hourly rate of an employee's base salary as established in the salary and classification schedule for nonexempt employees.

(6) BENEFIT means an employer-sponsored program that includes, but is not limited to, paid leave and health and life insurance benefits, but does not include wages, merit increases, service credit, or seniority.

(7) BREAK IN SERVICE means termination for one or more work days as a result of:

(A) administrative termination, resignation, reduction in force, or discharge, followed by reappointment; or

(B) leave of absence without pay for more than six consecutive calendar weeks, except to the extent that the leave without pay is authorized by federal or state law.

(8) CITY means the city of Dallas, Texas.

(9) CIVIL SERVICE BOARD means the civil service board of the city.

(10) CLASSIFICATION means all positions, regardless of departmental location, that are sufficiently alike in duties and responsibilities to:

(A) be called by the same descriptive title;

(B) be accorded the same pay scale under like conditions; and

(C) require substantially the same education, experience, and skills.

(11) CLASSIFICATION CHANGE means revision of a position title that may include an adjustment of pay range.

(12) CLASSIFIED POSITION means a position that is subject to civil service rules and regulations as designated by the city charter.

(13) DEMOTION means a demotion as defined in Section 34-12(a) of this chapter.

(14) DISCHARGE means involuntary termination.

(15) EMPLOYEE means a person employed and paid a salary or wages by the city, whether under civil service or not, and includes a person on a part-time basis, but does not include an independent contractor or city council member.

(16) EMPLOYEES’ RETIREMENT FUND BOARD means the board of trustees of the employees’ retirement fund of the city of Dallas.

(17) EXEMPT EMPLOYEE means an exempt employee as defined by the Fair Labor Standards Act, as amended.

(18) FAMILY AND MEDICAL LEAVE ACT means the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601 et seq.), as amended.

(19) FAMILY LEAVE means authorized leave as provided for in the Family and Medical Leave Act.

(20) FIRE DEPARTMENT means the fire-rescue department of the city.

(21) Reserved.

(22) FURLOUGH LEAVE means time off from work when employees are placed in a temporary non- duty, non-pay status for required budgetary reasons.

(23) GENDER IDENTITY AND EXPRESSION means an individual's real or perceived gender identity as male, female, both, or neither.

(24) GRADE means a division of a salary and classification schedule with specified rates or ranges of pay.

(25) GRIEVANCE means an employee’s formal, written complaint regarding work conditions that the employee claims have been adversely affected by a violation, misinterpretation, or misapplication of a specific law, ordinance, resolution, policy, rule, or regulation.

https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-115731#JD_34-12

(26) IMMEDIATE FAMILY MEMBER means:

(A) a husband, wife, father, mother, father-in-law, mother-in-law, son, daughter, foster child, brother, or sister of an employee; or

(B) any person related to an employee by blood or marriage and who resides in the same household as the employee.

(27) INTERNAL APPEAL means an administrative appeal to which an employee may be entitled under this chapter, this code, the city charter, or departmental regulations.

(28) LEAVE WITHOUT PAY means an authorized temporary absence without pay.

(29) MANDATORY CITY LEAVE means paid leave that is provided to employees by the city as a result of budget-related pay reductions.

(30) MERIT INCREASE means a discretionary increase in salary based on performance.

(31) MILITARY LEAVE means authorized leave to perform duties in the military service as provided for in:

(A) the Uniformed Services Employment and Reemployment Rights Act;

(B) Chapter 431 of the Texas Government Code, as amended; and

(C) Chapter 613 of the Texas Government Code, as amended.

(32) MILITARY SERVICE means:

(A) the uniformed services, as defined in the Uniformed Services Employment and Reemployment Rights Act;

(B) the state militia, as defined in Chapter 431 of the Texas Government Code, as amended;

and

(C) the military service, as defined in Chapter 613 of the Texas Government Code, as amended.

(33) NON-CIVIL SERVICE EMPLOYEE means an employee who fills a position that is exempt from the provisions applicable to the civil service, as designated by the city charter. Non-civil service employees include:

(A) employees of the legal department, the city manager’s office, the city auditor’s office, the city secretary’s office, the library department, the park and recreation department, and the radio department (WRR);

(B) municipal court judges; and

(C) city council office staff.

(34) NONEXEMPT EMPLOYEE means a nonexempt employee as defined by the Fair Labor Standards Act, as amended.

(35) PAID LEAVE means sick leave, vacation leave, holiday leave, court leave, death-in-family leave, no more than 21 days of military leave each fiscal year as required by state law, parental leave, quarantine leave, mental health leave, compassionate leave, and mandatory city leave.

(35.1) PERMANENT EMPLOYEE means an employee who is not a temporary employee. A permanent employee's employment with the city may be terminated based on a reduction-in-force, for cause, or for any reason not prohibited by this chapter, the city charter, or federal, state, or local law.

(36) POLICE AND FIRE PENSION BOARD means the board of trustees of the police and fire pension system of the city of Dallas.

(37) POSITION means a collection of tasks, duties, and responsibilities regularly assigned to and performed by an individual.

(38) PROBATION:

(A) Probation means a minimum six-month period:

(i) after initial appointment, during which an employee can be terminated without right of appeal; or

(ii) after promotion, during which an employee can be:

(aa) returned to the previous position, if a retreat right to the previous position exists; or

(bb) terminated without right of appeal, if no retreat right exists.

(B) Probation may be extended to allow:

(i) six months on-the-job work performance; or

(ii) completion of any written prerequisites to employment.

(C) Probation does not apply to positions in departments exempt from civil service, and employees in those positions do not serve a probationary period.

(D) The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.

(39) PROMOTION means an increase in grade with a resulting increase in salary due to placement in a position as a result of a competitive or noncompetitive selection process.

(39.1) PRORATED SALARY RATE means a proportionate salary rate based on the annual salary divided by the employee's standard annual work hours for exempt employees.

(40) REAPPOINTMENT means re-employment of a former city employee.

(41) REASSIGNMENT means a change of an employee to an equivalent position (same grade) within the same department.

(42) REDUCTION IN FORCE means a reduction in the number of budgeted positions due to a change in work or funds.

(43) REGULAR RATE OF PAY means a nonexempt employee's base hourly rate of pay or a prorated salary rate for exempt employees plus additional payments as established in the salary and classification schedule.

(44) RESIGNATION means a voluntary termination.

(45) SALARY AND CLASSIFICATION SCHEDULE means a city council-approved resolution that establishes all position classifications for city employment and the corresponding pay rates.

(46) SERVICE CREDIT means the total duration of city employment, less any adjustments for breaks in service.

(47) SEXUAL ORIENTATION means the actual or perceived status of an individual with respect to the individual’s sexuality. Heterosexual, homosexual, and bisexual are examples of sexual orientation.

(48) SHIFT DIFFERENTIAL PAY means additional compensation for regularly scheduled work hours outside of the city’s normal business hours, as specifically described in administrative directives of the city.

(49) STEP means one salary increment within a grade for a sworn police or fire department employee.

(50) SUSPENSION means unpaid disciplinary leave for a specified period of time.

(51) SWORN EMPLOYEES OF THE POLICE DEPARTMENT means:

(A) police officers and all related classifications, including trainee police officers; and

(B) park rangers and all classifications above park ranger in the same classification family.

(52) TASKING means release from duty upon completion of assigned work before the scheduled end of the work day.

(52.1) TEMPORARY EMPLOYEE means an employee who has been designated as temporary pursuant to Section 34-8.

(53) TERMINATION means cessation of employment with the city.

(54) TRANSFER means the change of an employee from a position in one department to an equivalent position (same grade) in another department, but that does not result in either promotion or demotion.

(55) UNCLASSIFIED POSITION means an unclassified civil service position as designated by Section 3, Chapter XVI of the city charter.

https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-115672#JD_34-8

(56) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

means the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.A. §§ 4301 et seq.), as amended.

(57) WORK WEEK means the seven- day period from Wednesday through Tuesday.

(58) WORKING DAYS means Monday through Friday, excluding official holidays observed by the city of Dallas as set forth in Section 34-25 of this chapter. (Ord. Nos. 19340; 19473;

19679; 22195; 22296; 22318; 24873; 28024; 28794; 29480; 30216; 31745; 32035, 32604)

SEC. 34-5. CONDITIONS OF EMPLOYMENT.

(a) Compliance with rules and laws. Every city employee shall comply with:

(1) the provisions of the city charter and ordinances; and

(2) instructions and regulations promulgated by the city council or by any person in whom authority is vested by the city council.

(b) Retirement fund membership. Every permanent employee must be a member of the employees’ retirement fund except a sworn employee of the police or fire department, who shall be a member of the police and fire pension system.

(c) Subrogation. Every employee of the city accepts employment upon the condition that, if in the course of employment the employee sustains injury attributable in whole or in part, directly or indirectly, through the negligence or wrongdoing of a third person, firm, or corporation, the city shall be subrogated to the employee’s rights, remedies, and claims against the third party to the extent of the amounts expended by the city for and on behalf of the employee, including wage supplementation during absence from work, workers’ compensation, and medical costs arising out of or in any manner connected with the injury.

(d) Nepotism.

(1) An employee may not work under the line of supervision of a relative or the employee’s domestic partner.

(2) An employee shall not make, or attempt to influence, any determination concerning the employment status or eligibility for employment of a relative or the employee’s domestic partner.

(3) For purposes of this subsection:

(A) DOMESTIC PARTNER has the meaning given that term in Section 12A-2 of the Dallas City Code.

(B) RELATIVE means the employee's spouse, mother, father, stepmother, stepfather, mother-in-law, father-in-law, son, daughter, foster child, stepson, stepdaughter, son-in-law, daughter-in-law, brother, sister, stepbrother, stepsister, brother-in-law, or sister-in-law, or any grandparent, aunt, uncle, niece, nephew, or cousin related to the employee by blood or marriage.

http://files.amlegal.com/pdffiles/Dallas/30216.pdf http://files.amlegal.com/pdffiles/Dallas/31745.pdf http://files.amlegal.com/pdffiles/Dallas/32035.pdf https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-103861#JD_12A-2

(e) Notification of arrest. Within one business day after returning to work, an employee who has been arrested in the United States or any other country shall notify the human resources representative for the employee’s department of the arrest and the reason for the arrest. An arrested employee who gives notice under this subsection is still required to comply with the notice of absence or tardiness requirements set forth in Section 34-36(b)(1)(B) of this chapter.

(Ord. Nos. 19340; 22296; 22318; 24873; 28024; 31745)

SEC. 34-6. REQUIREMENTS FOR INDUCTION.

To obtain employment with the city, an applicant must:

(1) be at least 16 years of age, unless otherwise approved under a federally-sponsored program, or be at least 15 years of age for employment in a seasonal position as a summer lifeguard in the Parks and Recreation Department, in accordance with state and federal laws governing employment of persons age 15 years.;

(2) be eligible to work in the United States in accordance with the federal Immigration Reform and Control Act, as amended;

(3) have a social security number;

(4) agree to be fingerprinted, if requested;

(5) take a polygraph examination related specifically to job performance, for positions designated by the director of human resources; and

(6) pass a medical, physical agility, drug and alcohol, and/or mental examination after an employment offer has been extended, appropriate for the position as designated by the director of human resources. (Ord. Nos. 19340; 22026; 22195; 24873; 31745; 32604)

SEC. 34-7. APPLICATION FOR EMPLOYMENT.

(a) Application form. Every applicant for employment with the city shall submit a completed application form. Every question on the form must be answered.

(b) False or incomplete information. Any applicant or employee who provides false information on the application form or who fails to disclose information that is pertinent to the appointment is subject to denial of employment or discharge. (Ord. Nos. 19340; 24873)

SEC. 34-8. APPOINTMENTS.

(a) Temporary employees.

(1) Appointments. An employee is designated as temporary when appointed to any of the following:

(A) an assignment less than six months in duration;

(B) a position funded under a federal employment and training program as a participant meeting federal eligibility requirements, but not including administrative or staff positions;

(C) positions in the city’s temporary help service program;

(D) a cooperative work-study program with an educational institution;

https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-116128#JD_34-36

(E) a seasonal position, even though the assignment may last more than six months;

(F) a position that is intended to give introductory work experience to a person preparing for entry into the work force; and

(G) a position scheduled to work less than 20 hours per week.

(2) Release. A temporary employee does not serve probation and may be released at any time without right of internal appeal.

(b) Permanent employees. An employee is designated as permanent when appointed in any situation not defined as temporary under Subsection (a). Exceptions to this subsection must be approved by the director of human resources. Nothing in this provision conveys a contract of employment with the City of Dallas and nothing in this provision is intended to be a term of a contract when combined with any other document, instrument, or writing.

(c) Full-time and part-time status. An employee is designated as:

(1) full-time when appointed on a work schedule that is at least 40 hours per week or averages 40 hours per week;

(2) part-time when appointed on a work schedule that:

(A) is less than the usual work schedule of the unit to which the employee is assigned; or

(B) averages less than 40 hours per work week.

(d) Special appointments. An employee is designated as a special appointment when the appointment is:

(1) to a special body or commission not fully under the jurisdiction of the city, but where the employee is carried on the city payroll for administrative purposes;

(2) a mobility appointment under the federal Intergovernmental Personnel Act; or

(3) a cooperative appointment with another agency or organization. (Ord. Nos. 19340;

19473; 22026; 24873; 31745)

SEC. 34-9. ELIGIBILITY FOR BENEFITS.

(a) Permanent Employees.

(1) A permanent full-time employee is eligible for employee benefits, including, but not limited to, paid leave as provided in this chapter, health benefit plan participation, life insurance, and retirement benefits. Benefits may be changed at any time subject to applicable law and subject to city council approval when required, for any lawful reason, including budget constraints.

(2) An employee hired in a classification other than permanent full-time is eligible for benefits in accordance with federal law and as described in the applicable plan documents.

(3) (Reserved)

(b) City council members. City council members are not employees. City council members are eligible for certain tax-favored benefits in accordance with federal law and as described in the applicable plan documents. (Ord. Nos. 19340; 22026; 22195; 22296; 22318; 24873;

25051; 29883; 31745; 32965)

SEC. 34-10. REAPPOINTMENTS.

(a) Retrieving continuous full-time service.

(1) A person who is reappointed as a city employee retrieves previous continuous full-time service earned during the immediately preceding period of full-time city employment if the person:

(A) previously had completed at least six months, but less than five years, of continuous full- time service with the city; and

(B) is reappointed within one year after termination of the previous city employment.

(2) A person who is reappointed as a city employee retrieves previous continuous full-time service earned during the longest single preceding period of full-time service if the person:

(A) previously had completed at least five years of continuous full-time service with the city; and

(B) is reappointed within 10 years after termination of the previous city employment.

(3) Continuous full-time service retrieved under this subsection will be for purposes of determining all service related benefits except retirement benefits. Service credit for retirement and pension programs is defined in the governing documents, ordinances, and statutes establishing those programs.

(b) Probation. A reappointed employee who retrieves service under Subsection (a) of this section must serve a new probation period, if applicable, starting with the reappointment date.

The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.

(c) Pay grade within one year. When a person is reappointed to the same classification or to a comparable one within one year after termination of prior city employment, the person may be returned to the same salary level held before termination. The date of reappointment determines the date of eligibility for a pay increase.

(d) Reappointment with no service time retrieved. A reappointed employee will be governed by regulations applying to new appointments if the employee is ineligible to retrieve continuous full-time service under Subsection (a) of this section after a break in service.

http://files.amlegal.com/pdffiles/Dallas/29883.pdf

(e) Return from military service. Reappointment of an employee from military service must be in accordance with Section 34-30 of this chapter and administrative directives established pursuant to that section. (Ord. Nos. 19340; 22296; 22318; 24873; 25663; 28024)

SEC. 34-11. PROBATION.

(a) Charter provisions. Section 10, Chapter XVI of the city charter establishes the period of probation, when applicable.

(b) Purpose. The purpose of any probation is to determine that the employee can and will perform satisfactorily. The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.

(c) Applicability.

(1) All employees in a classified or unclassified civil service position (including directors, assistant directors, and other managerial personnel designated by the city council of departments that are not exempt from civil service provisions under Section 9, Chapter XVI of the Dallas City Charter) serve a probationary period of six months after an initial appointment or a promotion.

(2) Non-civil service employees do not serve a probationary period after either an initial appointment or a promotion.

(3) No employee serves a probationary period after a lateral transfer or demotion.

(d) Initial probation. Until an employee in a classified or unclassified civil service position successfully completes probation required to be initially served after appointment or reappointment to city employment, the employee has no right to an internal appeal of a determination that the employee failed probation or of any subsequent termination of employment with the city. Even after serving an initial probation, appeal rights of department directors, assistant department directors, and other managerial personnel designated by the city council are limited by this chapter and Section 11, Chapter XVI of the Dallas City Charter.

(e) Promotional probation. Until an employee in a classified or unclassified civil service position successfully completes probation required to be served after a promotion, the employee has no right to an internal appeal of a determination that the employee failed probation or of any subsequent demotion. Even after serving a promotional probation, appeal rights of department directors, assistant department directors, and other managerial personnel designated by the city council are limited by this chapter and Section 11, Chapter XVI of the Dallas City Charter.

(f) A probationary period may be extended by the civil service board in the classified service or by the director of human resources, with approval of the city manager, in the unclassified service to include the entire training period of a formal apprenticeship training program or to allow six months on-the-job work performance or completion of any written prerequisites to employment. An employee will be informed in writing of the approval of such an extension.

(g) Notification of failed probation. Upon failing initial or promotional probation, an employee shall be immediately notified of the failure and:

https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-116054#JD_34-30

(1) terminated, if serving an initial probation;

(2) given an opportunity to retreat, if serving a promotional probation and a right to retreat exists; or

(3) terminated, if serving a promotional probation and no right to retreat exists.

(h) Right to retreat.

(1) Right to retreat for certain positions.

(A) Right to retreat for classified and unclassified civil service civilian employees. If an employee is promoted into a classified or unclassified civilian civil service position and fails to complete probation in that position, whether voluntarily or because of nonsatisfactory performance, the employee maintains a right to retreat to the immediately former position, grade, and base hourly rate of pay or step, whichever is applicable if the immediately former position is vacant, provided that probation was completed in the immediately former position and the former position was a classified or unclassified civil service position. A department director, in their discretion, may allow an employee in the classified or unclassified civil service to retreat to a vacant comparable position if the immediately former position is no longer available.

(B) Right to retreat for classified civil service sworn employees. Promotion of any classified civil service sworn employee of the police and fire department shall not be deemed complete until a period of six months shall have elapsed from the date of appointment to the higher rank. If, during the six-month period, the promoted employee does not merit the promotion and it is recommended by the Chief of the department that the employee be reduced, then the employee so promoted shall be returned to the rank held by the employee at the time of promotion.

(2) Not applicable to certain positions. The right to retreat does not apply to an employee promoted to or from a position that is not a classified or unclassified civil service position or to an employee appointed to the position of director, assistant director, or other managerial personnel designated by the city council.

(3) Property interest not conveyed. An employee's right to retreat does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city. (Ord. Nos. 19340; 19932; 22296; 22318; 24873;

28024; 31745)

SEC. 34-12. DEMOTIONS.

(a) Demotion means a reduction in grade with a resulting decrease in salary. Demotions are not necessarily the result of or limited to reductions in grade resulting from disciplinary action.

Department directors, assistant department directors, and other managerial personnel designated by the city council may be reduced in grade without a right to an internal appeal.

(b) Salary adjustment. If an employee who has completed probation is demoted by the employee’s own election, demoted as a result of a reduction in force, or demoted in a disciplinary action, the employee’s salary will be adjusted as outlined in the administrative directives of the city and in accordance with city council- approved salary schedules for the demoted position. (Ord. Nos. 19340; 22296; 22318; 24873)

SEC. 34-13. TRANSFERS AND REASSIGNMENTS.

(a) Processing promotional transfers. A supervisor shall process an employee transfer that results in promotion within two weeks following notification of the employee’s intent to accept the promotion. The director of human resources must approve exceptions to this subsection.

(b) Reassignments. A department director may reassign positions and staff within a department to provide for the best interest of the employee or the department. An employee may not grieve a reassignment, including situations in which the employee:

(1) was involuntarily reassigned; or

(2) applied for and was not selected for the reassignment.

(c) Transfers. An employee who applies for a transfer must meet the minimum qualifications of the requested position. The following procedures apply to a transfer:

(1) Present and prospective supervisors shall cooperate in considering and processing a transfer when operations of the transferring or receiving department are not impaired and department directors for both departments agree to the transfer. Supervisors shall process the release of an employee transfer within a reasonable time following notification of the employee's intent to accept the transfer.

(2) An employee who is transferred has no right to return to the immediately former position or a comparable position.

(3) An employee who accepts a transfer is not guaranteed the same base hourly rate of pay held in the immediately former position.

(d) Retention of benefits. A transferred employee maintains all benefits, including accrued leave, subject to the provisions of this chapter.

(e) Retirement plans. An employee who transfers to a position that is covered by a different retirement program than the one that covered the employee’s previous position with the city must change membership to the appropriate employee retirement program. (Ord. Nos. 19340; 22026;

22296; 22318; 24873; 31745)

SEC. 34-14. TERMINATIONS.

(a) Classification. A termination is classified as follows:

(1) resignation;

(2) discharge;

(3) reduction in force; or

(4) administrative.

(b) Death during working hours. An employee who dies during working hours will be paid as if the employee had worked the entire regular work day.

(c) Benefits. Benefits due a terminating employee are stipulated elsewhere in this chapter under the sections pertaining to the respective benefit. (Ord. Nos. 19340; 24873; 28024)

ARTICLE II.

COMPENSATION.

SEC. 34-15. GENERAL.

(a) Charter provisions. Section 18, Chapter XXIV of the city charter provides that the wages, hours, and conditions of employment of all city employees shall be fixed and approved by the city council.

(b) Salary schedule. All classifications and salary ranges existing in city employment are identified in the salary and classification schedule. Any addition to or deletion from this schedule must be made by resolution of the city council.

(c) The provisions of this article may be modified by a city council ordinance or resolution adopting a meet and confer or collective bargaining agreement. If any provision of this article conflicts with a provision of a meet and confer or collective bargaining agreement adopted by the city council, the provision of the meet and confer or collective bargaining agreement will prevail.

(Ord. Nos. 19340; 24873; 28024; 31745)

SEC. 34-16. WORK HOURS.

(a) Standard work day. The standard work day is eight hours, but may deviate depending on departmental operating needs. The work day may exclude approved meal periods, but may include a 15- minute break period within any uninterrupted four-hour work period. An employee may be required to work hours other than the employee’s normal work schedule.

(b) The standard work week is 40 hours, but may deviate depending on departmental operating needs.

(c) Alternate work schedules. The following alternate work schedules, and any additional ones adopted by city council resolution, may be selected and implemented for a department, with prior written approval from the director of human resources and the city manager.

SCHEDULE HOURS PER WEEK HOURS PER 24 HOUR PERIOD

BEGINNING AT MIDNIGHT

SCHEDULE HOURS PER WEEK HOURS PER 24 HOUR PERIOD

BEGINNING AT MIDNIGHT

(1) Four 10-hour days a week. 40 Maximum of 10.

(2) 12-hour days on Monday and Tuesday and 8-hour days on

40 Varies from a minimum of 8 to a maximum of 12.

Thursday and Friday. Tasking is allowed.

(3) Five 8-hour days a week. Tasking is allowed.

40 Maximum of 8.

(4) Four 9-hour days and one 4- hour day a week.

40 Varies from a minimum of 4 to a maximum of 9.

(5) Three 11-1/2 hour days one week of a pay period and four 11-1/2 hour days the other week of a pay period.

Varies from 34.5 to 46. Maximum of 11- 1/2.

(6) Three 12-hour days one week of a pay period and four 12-hour days the other week of a pay period.

Varies from 36 to 48 Maximum of 12

(7) Three 12-hour days one week of a pay period and three 12-hour days and one 8-hour day the other week of a pay period.

Varies from 36 to 44 Varies from a minimum of 8 to a maximum of 12

(8) Two 13-hour days and one 14-hour day a week

40 Varies from a minimum of 13 to a maximum of 14.

(9) Any combination of hours, ranging from a minimum of 4 to a maximum of 12, in a day. A work week consists of a minimum of 3-1/2 days and a maximum of 7 days.

Tasking is allowed.

Varies from 32 to 48 Varies from a minimum of 4 to a maximum of 12.

(d) 24-hour staffing. For jobs requiring 24-hour staffing, meals may be eaten while on duty.

An employee is considered on duty during all meal breaks and is expected to be readily available to perform required duties.

(e) Take-home vehicles. The work day for an employee who travels to and from a regular jobsite in city equipment begins at the time and location at which the employee is initially required to report for duty. The work day ends when the employee is relieved of duty.

(f) Reserved(Ord. Nos. 19340; 19473; 22296; 22318; 24052; 24873; 28024, 32604)

SEC. 34-17. OVERTIME AND PAID LEAVE FOR CIVILIAN EMPLOYEES.

(a) Weekly overtime. Any nonexempt employee will be paid an overtime hourly rate of 1-1/2 times the employee’s regular rate of pay for all hours worked over 40 in any work week.

(b) Paid leave. An employee is charged with paid leave only on days the employee would otherwise have been scheduled to work. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. Except for holiday leave, mental health leave, compassionate leave, injury leave, quarantine leave, mandatory city leave, and court leave pursuant to Section 34-26, paid leave will not be counted as work time for purposes of computing overtime or compensatory leave.

(c) Call backs. A nonexempt employee who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.

(d) Exception. This section does not apply to a sworn employee of the police department or the fire department. (Ord. Nos. 19340; 19473; 22296; 22318; 24052; 24873; 25389;

28024; 30216, 32604)

SEC. 34-18. PAY FOR VACATION LEAVE.

(a) Rate of pay. When pay in lieu of vacation leave is approved as provided by Section 34- 23(o), the employee will receive the employee's base hourly rate of pay for nonexempt employees or the employee's prorated salary rate for exempt employees. This pay is not considered in determining eligibility for overtime pay under Section 34-17.

(b) Exception. This section does not apply to a sworn employee of the police department or the fire department. (Ord. Nos. 19340; 22296; 22318; 24873; 31745)

SEC. 34-19. WORK HOURS, PAID LEAVE, AND OVERTIME FOR PUBLIC SAFETY

EMPLOYEES.

(a) Police department. The work period and work hours for sworn employees of the police department are as follows:

(1) For purposes of the Fair Labor Standards Act, as amended, the work period for a nonexempt sworn employee of the police department is 28 days.

(2) Weekly overtime. A nonexempt sworn employee of the police department will be paid an overtime hourly rate of 1-1/2 times the employee’s regular rate of pay for all hours worked over 40 in any work week, or be granted compensatory leave for all hours in excess of 40.

(3) Paid leave. Any sworn employee of the police department is charged with paid leave only on days the employee would otherwise have been scheduled to work. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. Authorized attendance incentive leave, vacation leave, holiday leave, leave with pay as defined by Section 34-29, compensatory leave, court leave pursuant to Section 34-26, mandatory city leave, military leave, death-in- family leave, compassionate leave, injury leave, mental health leave, and quarantine leave will be counted as work time for purposes of computing overtime or compensatory leave. Paid parental leave and sick leave will not be counted as work time for purposes of computing overtime or compensatory leave.

https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-116007#JD_34-26 http://files.amlegal.com/pdffiles/Dallas/30216.pdf https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-115896#JD_34-23 https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-115896#JD_34-23 https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-115766#JD_34-17 http://files.amlegal.com/pdffiles/Dallas/31745.pdf https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-116044#JD_34-29 https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-116007#JD_34-26

(4) Call backs. A nonexempt sworn employee of the police department who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.

(5) Compensatory leave in lieu of overtime pay may be granted a nonexempt sworn employee of the police department at the request of the employee, subject to supervisory approval. Compensatory leave is earned at the rate of 1-1/2 hours for each hour worked, to a maximum of 480 hours accrued. Compensatory leave will be granted within a reasonable time after being requested if the use of the compensatory leave does not unduly disrupt the operations of the department. Compensatory leave may be taken in hourly increments. The accrual and use of compensatory leave is governed by the Fair Labor Standards Act, as amended, and Section

142.0016 of the Texas Local Government Code, as amended. Compensatory leave not taken during the payroll quarter in which it is accrued or during the following two payroll quarters will be paid at the employee’s regular rate of pay earned at the time of payment or at the time of forfeiture of the compensatory leave, whichever rate is higher. Compensatory leave will be paid upon termination at the higher of:

(A) the average regular rate of pay received by the employee during the last three years of the employee’s employment with the city; or

(B) the final regular rate of pay received by the employee.

(6) A sworn employee of the police department above the rank of captain is an exempt employee and does not earn overtime or compensatory leave.

(b) Fire department. The work period and work hours for sworn employees of the fire department are as follows:

(1) The work period for a sworn employee of the fire department is, depending upon assignment, 28 days (pursuant to Fair Labor Standards Act, as amended,) or a standard 40-hour work week.

(2) The standard work day or shift for a sworn employee of the fire department may consist of the following, depending upon assignment:

(A) 8 hours a day;

(B) 12 hours a day; or

(C) 24 hours a day. (3) A sworn employee of the fire department assigned to special training is subject to the eight-hour work day.

(4) A sworn employee of the fire department with the rank of assistant chief or above is an exempt employee and does not earn overtime. A civilian employee of the fire department with a classification equivalent to assistant chief or above is an exempt employee and does not earn overtime.

(5) A nonexempt sworn employee of the fire department who works more than 212 hours in a 28-day work period or 40 hours in a standard work week, depending upon assignment, will be paid at 1- 1/2 times the employee’s regular rate of pay for hours worked beyond the scheduled work period.

(6) A nonexempt sworn employee of the fire department may, subject to departmental approval, choose to receive compensatory leave in lieu of overtime pay at the rate of 1-1/2 hours for each hour worked beyond each scheduled work period, to a maximum of 480 hours accrued.

(7) Compensatory leave may be earned by a sworn employee of the fire department other than an exempt employee above the ranks of fire battalion/section chief and fire prevention section chief. Compensatory leave will be granted within a reasonable time after being requested if the use of the compensatory leave does not unduly disrupt the operations of the department.

Compensatory leave may be taken in hourly increments. The accrual and use of compensatory leave is governed by the Fair Labor Standards Act, as amended, and Section 142.0016 of the Texas Local Government Code, as amended. Compensatory leave not taken during the payroll quarter in which it is accrued or during the following two payroll quarters will be paid at the employee’s regular rate of pay earned at the time of payment or at the time of forfeiture of the compensatory leave, whichever rate is higher. Compensatory leave will be paid upon termination at the higher of:

(A) the average regular rate of pay received by the employee during the last three years of the employee’s employment with the city; or

(B) the final regular rate of pay received by the employee.

(8) A sworn employee of the fire department must use or be paid for all accrued compensatory leave before transferring to or from the emergency response bureau of the fire department or whenever the employee’s full-time regular work schedule is increased or reduced.

(9) Authorized attendance incentive leave, vacation leave, holiday leave, leave with pay as defined by Section 34-29, compensatory leave, court leave pursuant to Section 34-26, mandatory city leave, military leave, death-in-family leave, compassionate leave, injury leave, mental health leave, and quarantine leave will be counted as work time for purposes of computing overtime or compensatory leave Paid parental leave and sick leave will not be counted as work time for purposes of computing overtime or compensatory leave.

(10) Call backs. A nonexempt sworn employee of the fire department who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.

(11) A sworn employee of the fire department may, with prior approval from the fire chief or a designated representative, trade time with another sworn employee. Trade time is not considered as work time in determining overtime, but trading time is subject to the Fair Labor Standards Act, as amended. (Ord. Nos. 19340; 22195; 24873; 24930; 25142; 25389;

28024; 30216, 32604)…