Appendix A - Personnel Ordinance

(Editor's note--This appendix, which is also published in separate pamphlet form, contains the Personnel Ordinance of the city, being Ordinance No. 1865; enacted March 2, 1964, as amended from time to time and published by the city on Dec. 1, 1966, and as further amended subsequent to said publication.  Amendments subsequent to the publication of Dec. 1, 1966, are cited in parentheses following the provisions amended.  The absence of such a citation indicates that the provision has not been amended subsequent to the publication of the pamphlet of Dec. 1, 1966.  Although published in 1970 as a separate pamphlet prior to the publication of the codification of the ordinances of the city, the Personnel Ordinance has been designated Appendix A and the pagination started at page 2001 to permit its later inclusion in the ordinance codification.  The editors have added catchlines in black type following the individual subsection numbers to indicate content where no such catchlines were provided by the ordinance.  Catchlines in brackets are those added by the editors.  Those without brackets were provided by the ordinance.  It should be noted that the city has entered into employment contracts with a number of associations of city employees.  The extent that such contracts are inconsistent with this ordinance, the contracts prevail.)

Appendix A.  Personnel Ordinance

Sec. 1.             Short Title, Sec. 1.1

Sec. 2.             Definitions, Sec. 2.1--2.2

Sec. 3.             General Provisions, Secs. 3.1--3.5

Sec. 4.             Personnel Board Procedures, Secs. 4.1--4.3

Sec. 5.             Classification Plan, Secs. 5.1--5.7

Sec. 6.             Examination Procedures for Classified and Fire Positions, Secs. 6.1--6.3

Sec. 6A.          Examination Procedures for Police Positions, Secs. 6A.1--6A.3

Sec. 7.             Eligible and Promotional Eligible Lists, Secs. 7.1--7.5

Sec. 8.             Appointments, Secs. 8.1--8.5

Sec. 9.             Probation, Secs. 9.1--9.4

Sec. 10.           Discharges, Secs. 10.1, 10.2

Sec. 11.           Seniority, Secs. 11.1--11.11

Sec. 12.           Grievance Procedure, Secs. 12.1, 12.2

Sec. 13.           Arbitration, Secs. 13.1--13.4

Sec. 14.           Management Rights, Sec. 14.1

Sec. 15.           Pay Plan, Secs. 15.1--15.8

Sec. 16.           Overtime, Secs. 16.1--16.7

Sec. 16A.        Secs. 16A.1, 16A.2

Sec. 17.           Holidays, Secs. 17.1--17.8

Sec. 18.           Vacations, Secs. 18.1--18.9

Sec. 19.           Sick Leave, Secs. 19.1, 19.2

Sec. 20.           Military Leave, Sec. 20.1

Sec. 21.           Jury Duty, Sec. 21.1

Sec. 22.           Leave Without Pay, Secs. 22.1--22.5

Sec. 23.           Health and Welfare, Sec. 23.1

Sec. 24.           Pensions, Secs. 24.1, 24.2

Sec. 25.           Provisions Prohibiting Discrimination and Political Activities, etc.

Secs. 25.1-- 25.3

Sec. 25.A.       Productivity Achievement Program, Secs. 25.A.1--25.A.9

Sec. 25.B.        Residency Requirement for Employees, Secs. 25.B.1--25.B.6 (DELETED 5-15-00)

Sec. 26.           Effective Date of Ordinance, Secs. 26.1, 26.2

CHAPTER 1865

AN ORDINANCE IN AMENDMENT OF CHARTER 1237 ENTITLED "AN ORDINANCE ON THE ADMINISTRATION OF PERSONNEL POLICIES BASED UPON THE HOME RULE CITY CHARTER OF WOONSOCKET" AND ANY AND ALL AMENDMENTS THERETO

WHEREAS, Chapter IX, Section 3(a), (b), and (c), of the City of Woonsocket Home Rule Charter provides that the City Council of the City of Woonsocket shall adopt ordinances including, but not restricted to, provisions for the adoption and administration of a position classification plan, a pay plan for all employees in the classification plan, and personnel policies regarding vacation, sick leave, overtime pay and the dismissal of classified employees; and

WHEREAS, the City Council of the City of Woonsocket did adopt such an ordinance on May 19, 1954, entitled "An Ordinance on the Adoption and Administration of the Position Classification Plan, Pay Plan and Personnel Policies for all City Employees who are Appointed and Promoted According to Merit and Fitness as Provided by the Home Rule City Charter"; said ordinance being Chapter 1024 of the Ordinances of the City of Woonsocket; and

WHEREAS, the City Council of the City of Woonsocket did repeal Chapter 1024 and all amendments thereto by ordinance effective March 14, 1958 and entitled "An Ordinance on the Administration of Personnel Policies Based Upon the Home Rule City Charter of Woonsocket" said ordinance being Chapter 1237 of the Ordinances of the City of Woonsocket; and

WHEREAS, the City Council of the City of Woonsocket, has, from time to time, amended Chapter 1237 and is now desirous of enacting an ordinance in amendment of all existing laws relating to the ordinance required in Chapter IX, Section 3(a), (b), and (c) of the City of Woonsocket Home Rule Charter; therefore,

IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOONSOCKET AS FOLLOWS:

SECTION 1.    SHORT TITLE

1.1.  [Established.]

This Ordinance shall be known as the "Personnel Ordinance."

SECTION 2.    DEFINITIONS

2.1.  [Established.]

The following terms and words, wherever used in this ordinance, shall be defined as indicated below, unless required otherwise by the context of this ordinance.

(a)  Appointing authority:  The departmental director, person or group of persons having the power of appointment by virtue of the charter, as well as, with respect to the office of the City Clerk, the City Cierk shall be the appointing authority for all permanent and temporary personnel and staff that are budgeted and appropriated by the City Council, or are otherwise employed, within the office of the City Clerk; provided further, with respect to the law department, the city solicitor shall be the appointing authority for all permanent and temporary personnel and staff that are budgeted and appropriated by the City Council, or are otherwise employed, within the office of the law department.

(Ch. No. 8020, Sec. 1, 11-16-2017; Ch. 8263, sec. 1, 8-16-2021)

(b)  Appointment:  The appointing authority's written notice to the personnel director of that person selected who is deemed best qualified for the position which is to be filled in accordance with the provisions of the charter and this ordinance;

(c)  Appointment date:  That day on which an appointing authority selects the person he deems qualified for the position to be occupied;

(d)  Charter:  City of Woonsocket home rule charter approved by the voters at the general election of November 4, 1952, and which became effective April 30, 1953, and any amendments thereto;

(e)  Class or class of position:  A group of positions in the classified service, sufficiently similar in respect to duties and responsibilities that the same descriptive class title may be used to designate each position allocated to the class, that the same desirable entrance qualifications may be required of applicants to positions in the class, that the same tests of fitness may be used to choose qualified employees, and that the same schedule of pay may be made to apply with equity;

(f)  Classification plan:  An orderly arrangement of positions into separate and distinct classes with each class containing those positions which involve similar duties and responsibilities;

(g)  Class title:  The designation given to each class;

(h)  Classified service:  All offices and positions of trust or employment in the service of the city, whether paid or unpaid, full time or part time, temporary or permanent, existing or hereafter created, that are specifically listed in this ordinance;

(i)  Council:  The city council of the City of Woonsocket;

(j)  Days:  Wherever used in this ordinance unless otherwise specified in the context, means calendar days;

(k)  Eligible list:  A list of names of persons arranged in the order of their merit and fitness, as provided by this ordinance;

(l)  Employee:  Any employee who has been appointed to a position in the classified service;

(m)  Gender:  The masculine noun or pronoun, as used in this ordinance, shall be held to include the feminine, the singular to include the plural, and the plural to include the singular;

(n)  Pay plan:  A schedule of salaries established for the various classes with all positions of a given class being paid the same salary, or according to the same salary range;

(o)  Permanent employee:  A classified employee who has satisfactorily completed the required probationary period;

(p)  Permanent position:  Any position in the classified service which is required, or is likely to be required, without interruption for a period of more than six (6) months;

(q)  Promotional eligible list:  A list of names of classified employees arranged in the order of their merit and fitness as provided by this ordinance, and who have qualified for promotion in higher classes;

(r)  Public notice:  Unless otherwise stated, a written notice posted in all departmental offices and in a prominent place located in, or near, the personnel division office in city hall where it is readily accessible to the public during business hours;

(s)  Police and fire groups:  The permanent uniformed members of the police department or fire department, as recognized by the State of Rhode Island, "Police Arbitration Act" of 1963, and the "Fire Arbitration Act" of 1961.

(t)  Limited period appointment:  A limited period appointment is either a temporary, original or promotional appointment of a person to a position for a stated limited period of time.

(Ch. No. 4293, Sec. 1, 6-18-84)

2.2.  Positions excluded from classified service

The position of Chief of Police shall be excluded from the classified service.  The Chief of Police shall be appointed by the Mayor on a contract basis for a term of three (3) years subject to the initial approval of the City Council.  Any contractual renewals shall be at the discretion of the Mayor subject to City Council approval of the salary for said position.

(Ch. No. 6405, Sec. 2, 9-27-97; Ch. No. 6700, Sec. 1, 3-20-00)

2.3.  Repealed.

(Ch. No. 7351, Sec. 1, 8-1-00)

SECTION 3.    GENERAL PROVISIONS

3.1.  Purpose.

The purpose of this ordinance is to insure that both future classified employees and those already employed in the classified service will be, or have been, placed in positions without respect to race, color, religious, political, or other extraneous matters unrelated to merit and fitness, as provided in the charter.

3.2.  Positions covered.

This ordinance shall apply to all positions in the classified service.

3.3.  Procedures.

The personnel director shall, by public notice, announce his intention to promulgate, rescind, or amend administrative regulations which shall prescribe the detailed procedures to be followed in carrying out the provisions of the charter and of this ordinance.

3.4.  Duties of the personnel board.

(a)  Elect one of its members as chairman, who shall preside at personnel board meetings and represent said board at official and ceremonial occasions, and another of its members as vice-chairman, who shall act in the absence of the chairman;

(b)  To certify that persons appointed to positions in the classified service, as herein defined, actually possess the qualifications required by the classification plan;

(c)  To recommend pay scales and to perform such related services as the council may require;

(d)  To advise and assist the personnel director on problems concerning personnel administration and the improvement of personnel standards in the municipal service;

(e)  To review the qualifications of any person for the purpose of determining his eligibility under the classification plan before such person may assume the duties of any employment under said plan;

(f)  To certify to the personnel director that such person is eligible for appointment to the class of position in the city service for which he has qualified;

(g)  To conduct such hearings, as are provided for in this ordinance.

3.5.  Records of the personnel division.

With the exceptions indicated in this ordinance, the correspondence, classification and pay plans, eligible and promotional lists, and other papers and records of the personnel division, are hereby declared to be public records, and shall be open to public inspection at the office of said division, under reasonable conditions during business hours.  Materials to be used in tests, reports from employers regarding applicants or eligibles, applications of employees, names and identity of special investigators employed by the city, shall be held confidential.

SECTION 4.    PERSONNEL BOARD PROCEDURES

4.1.  Personnel board meetings.

Regular meetings of the personnel board shall be held at least once each month.

4.2.  Special meetings.

Special meetings may be called by a majority vote of the personnel board, or by the personnel director, or by the mayor upon mailing a written notice specifying the purpose of each meeting to each member of the personnel board forty-eight (48) hours prior to such meeting.

4.3.  [Quorum.]

Two (2) members of the personnel board shall constitute a quorum.  Any meeting shall be adjourned in the absence of a quorum.

SECTION 5.    CLASSIFICATION PLAN

5.1.  Preparation and content of class specifications.

Class specifications shall be prepared and maintained by the personnel director.  Each of these specifications shall include the title of the class, a definition of the class, a statement of distinguishing features of the work, description of illustrative examples of typical duties and responsibilities of positions in the class, and such other pertinent data as the personnel director shall deem desirable, and a statement of the minimum qualifications for appointment to positions in the class.

5.2.  Adoption of class of positions and specifications.

The class specifications for the classes of positions covered by this ordinance, as set forth in Appendix A hereof, are hereby adopted and shall constitute the classification plan.

5.3.  Hours of work.

The various classes of positions are hereby assigned to a basic work sheet and a class pay grade in accordance with the following schedule:

              MUNICIPAL UNION, LOCAL 670

Note: THE ABOVE PAY PLAN IS BASED ON THE CURRENT YEAR BUDGET. POSITION DESCRIPTIONS WHICH SHOW A PAY GRADE DIFFERENT FROM THIS PLAN ARE TO BE CHANGED TO REFLECT THE GRADES INDICATED ABOVE. PEN AND INK CHANGES ARE AUTHORIZED TO BE MADE IN THE FIELD ON THE POSITION DESCRIPTIONS.

(Ch. No. 7595, Sec. 1, 4-8-11)

5.3-1.  Benefits for the Deputy Chief of Police.

The Deputy Chief of Police shall receive the same health insurance and other benefits, as well as the same annual percentage increase in salary as provided to Police Captains in the then-current collective bargaining agreement between the city and the International Brotherhood of Police Officers, Local #404.

(Ch. No. 7351, Sec. 3, 10-1-07)

5.4.  Administration of plan.

The class titles shall be the official designation of positions within the classification plan and shall be used in all personnel accounting, budget, appropriations and financial records and communications of all departments and agencies.  The class specifications are to be deemed descriptive and explanatory, but not necessarily inclusive or exclusive.

(Ch. No. 2175, Ex. B, 6-19-67)

5.5.  Allocation of new positions.

Should the personnel director, or an appointing authority deem it necessary to establish a new class of position, the personnel director shall prepare a class specification and appropriate pay grade and submit such proposal to the city council.  No new class of position shall be established without the approval of the city council.

(Ch. No. 2175, Ex. B, 6-19-67)

5.6.  Re-allocation.

Whenever new positions are authorized and created, when the duties and responsibilities of existing positions change, or when the classification plan is amended, the director shall recommend to the council those positions to be allocated or re-allocated to classes which are most similar in respect to difficulty, responsibility and character of work; thus requiring generally the same kind and amount of training and experience for proper performance.  No position shall be allocated without the approval of the city council.  On reclassification, when the new status of such a position is higher than the former status, the appointing authority shall approve the re-allocation of the incumbent of the position, providing the employee qualifies after such investigation as deemed necessary by the personnel board, which may include a noncompetitive examination of the same degree of difficulty as an open competitive examination for the same class.

5.7.  Classified employee requests for classification adjustments.

Any request by a classified employee regarding a change in the classification of his position shall be considered by the director.  Initially, the classified employee shall make such a request to his appointing authority.  The matter shall then be submitted to the director for such recommendation as is appropriate for action and approval by the city council.

5.8.  Elimination of Positions.

(a) Effective February 1, 2009, the Mayor is hereby authorized to permanently eliminate the class or positions as listed below:

* Existing Assistant Building Inspector to work 1/2 time as Assistant Building Inspector, and 1/2 time as Housing Inspector.

(b) For all positions removed from the Classification Plan, the Mayor shall direct the reallocation of the duties and responsibilities of the remaining existing positions pursuant to Section 5.6 above within that Department so affected by the position elimination.

(c) In the event that a position as listed above is included in a collective bargaining unit, the provisions of this ordinance shall take precedence over the collective bargaining agreement.

SECTION 6.    EXAMINATION PROCEDURES FOR CLASSIFIED AND FIRE POSITIONS

6.1.  Competitive examinations.

(a)  Requirements:  Unless specified otherwise in this ordinance, no person shall be appointed to a position in the classified service unless he or she shall have filed a completed application form prescribed by the personnel director and shall have qualified by obtaining a passing score of at least seventy (70) percent on the overall test and have been placed on an eligible list.  (In order to continue beyond the written test all candidates are required to have passed at least seventy (70) percent of the questions on the written test.)

(b)  Qualifications:  Competitive examinations will be open to applicants who meet the minimum qualifications as listed on the classification description for the position.

(c)  Public announcement of examinations:  The personnel director shall announce publicly any competitive examinations for entrance into or promotion within the classified service at least seven (7) days in advance of the scheduled date for such examination.  Such announcements shall be posted on a bulletin board in or near the personnel division in City Hall and in such other accessible places as will assure that any interested citizen may be informed about employment opportunities in the classified service of the city.  Examination announcements shall be advertised in at least one (1) daily newspaper in the city and/or state.  Size and composition of the advertisement will be determined by the personnel director consistent with the budgeted account for advertising in the personnel division.  Information in the advertisement will be kept to that information necessary to inform the public of the position and the fact that details can be obtained at City Hall, personnel division.  Information which will be available in the personnel division will include, but not be limited to:  the general scope of each examination, the relative weights established for each phase of the examination, the time limit for the examination, the final date when applications will be accepted and the minimum qualifications for the position.  The personnel director will provide the above information to any person requesting the same.

(Ch. No. 8313, Sec. 1, 6-20-2022)

(d)  Disqualification:  The personnel director may reject the application of any person for admission to an examination, may refuse to examine any applicant and may remove any applicant's name from the eligible list for just cause.

(e)  Scope of examination:  Examinations used to determine merit and fitness of applicants and to establish appointment lists, shall consist of written tests, oral tests, physical tests, demonstrations of skill, or any combination of such tests as determined by the personnel director.

(f)  Conduct of examinations:  Examinations shall be conducted in as many places in the city as the personnel director may find necessary.  The personnel director may designate monitors to take charge of examinations under instructions from him.  The identity of persons taking examinations shall be concealed by the use of identification numbers instead of names on all written examinations.  Any examination paper bearing the name or other identifying marks shall be rejected and the applicant so notified.  The personnel director shall ensure each applicant has an equal opportunity to demonstrate his/her qualifications, and see that no unauthorized person secures examination questions or other material in advance of the testing date.  When any applicant is discovered using unauthorized information to assist in answering the questions, the monitor shall remove the unauthorized information from the applicant and report the circumstances to the personnel director who shall take such action as he considers necessary and shall, if the evidence supports the allegations, disqualify the applicant.  If the personnel director is of the opinion that the conditions under which any examination is held are not such as to be fair, he may order, with the approval of the personnel board, that the completed examinations, or any part thereof, be canceled and that new examinations be held.  Candidates for positions requiring typing skills must have attained a minimum score of thirty-five (35) words per minute in a typing test, as administered by the department of employment and training or such other typing test approved by the personnel director.  The positions of janitor, elevator operator, laborer and veterans advisor shall not require any test but will be based on a review of applications and/or resumes and interviews by the appointing authority.

(g)  Rating examinations:  The personnel director shall see that the examination papers and other evidence of fitness are scored as promptly as possible.  In all examinations, the final weighted, grade or rating through which eligibility may be earned, shall take into consideration all factors of the examination.  Veterans credit will be awarded to all qualified veterans.  Fire applicants shall be granted additional credit for meeting certain residency, police reserve service and educational requirements.  Veterans credit, residency credit and educational credit are defined as follows:

(1)  DEFINITION OF VETERANS' CREDIT:  There shall be added to the final ratings of examinees who are veterans in competitive tests for entrance into the classified service, but not for promotion in the service, who receive at least the minimum required final earned rating as stated in the public notice, this ordinance or other official communication, service credit amounting to five (5) points for veterans or ten (10) points for disabled veterans.

"Disabled Veteran" means any veteran who is an examinee and who is certified by the Veterans Administration to be physically disabled, as a result of a service-connected disability with a rating of zero percent or more.

"Veteran" means any person who served in the military or naval service of the United States in World War I or who served in the military or naval service of the U.S. in World War II at any time during the period beginning December 7, 1941 and ending December 31, 1946; or who served in the Korean conflict at anytime during June 27, 195 through January 31, 1955; or in the Vietnam conflict from August 5, 1964 through May 7, 1975; in the Taiwan Straits Expeditionary Force at any time from August 23, 1958 through January 1, 1959, or the Persian Gulf from August 2, 1990 through present, in the Panama Operations beginning December 20, 1989 to January 31, 1990, in the Lebanon Operations beginning:

July 1, 1958 to November 1, 1958

August 20, 1982 to May 31, 1983

June 1, 1983 to December 1987

and in the Grenada Operations beginning October 23, 1983 to November 21, 1983.  NOTE:  These dates will be reviewed annually to conform to state law (ref:  GL 36-4-19).

(2)  There shall be added to the final ratings of examinees for police and fire service who are residents of the city and have been for the preceding two (2) years as of the closing date for applications a credit of ten (10) points.

(3)  There shall be added to the final ratings of examinees for fire service, who have an associate degree in fire science an educational credit of ten (10) points.

(4)  No more than fifteen (15) additional credit points shall be awarded to examinees, however persons who qualify for the two (2) year residency credits shall be allowed no more than twenty (20) points.

(h) Fire candidates special test procedures: Fire entry level candidates are required to take several special tests as qualifiers unique to their potential service in addition to the normal written and/or oral tests administered to applicants for city employment.  These tests shall include, but are not limited to, physical training assessments, psychological tests, background investigations, and tests other than the written and oral tests controlled by the personnel division.  Physical training assessments shall be administered to all applicants for fire service subsequent to the written test.  Candidates for fire shall be ranked by the personnel director and promptly submitted to the personnel board for certification upon completion of the written and oral portions of the exam.  All new employees are required to either possess a RI EMT Cardiac license or provide proof of enrollment in a certified EMT Cardiac course, provided that in the instance where the employee is not yet certified but is enrolled in a certified EMT Cardiac course, the employee must complete the course and obtain a RI EMT Cardiac license no later than 365 days after date of hire.  Fire eligibility lists shall be valid for a period of six (6) months from the date of certification.  The appointing authority shall have the option to extend this period at six (6) month intervals up to a maximum of two (2) years from the date of certification.  Prequalifier tests shall be administered by the personnel division.  Psychological tests will be coordinated by the personnel division subsequent to a job offer.  Other tests will be controlled on a case by case basis with the approval of the personnel director.

(i)  Notice of examination results:  As soon as possible after a written and oral examination has been rated, the personnel director shall establish an eligible list, subject to the approval of the personnel board, and notify each applicant by mail of his/her relative position on said list, or of his/her failure to obtain a place on such eligible list.  After the eligible list has been established, the markings and test of each applicant shall be open for his/her personal inspection in the personnel office during normal business hours.  Such inspection is limited to within seven (7) days after notices are mailed and must not interfere with the work of the division.  Any marking error discovered during the inspection shall be reported to the personnel director and corrected as appropriate.  No person shall be appointed to a position until the seven-day period has elapsed and in the event of an appeal, no appointment shall be made until said appeal has been heard and decided by the personnel board.

(j)  Preservation of application and examination records:  The applications, examination papers, and other work of the applicants for positions, including any correspondence in relation thereto, may be destroyed upon the expiration, but, in any event, such records shall be maintained in the office of personnel for at least a period of one (1) year. (Ch. No. 2224, Sec. 1, 10-16-67; Ch. No. 2281, Sec. 1, 4-17-68; Ch. No. 2325, Sec. 5, 7-15-68; Ch. No. 2499, Sec. 1, 2-16-70; Ch. No. 3449, Sec. 1, 1-13-78; Ch. No. 5407, Sec. 1, 4-15-91; Ch. No. 5422, Sec. 1, 5-20-91; Ch. No. 5495, Sec. 1, 10-21-91; Ch. No. 6035, Sec. 1, 3-6-95; Ch. No. 6339, Sec. 1, 4-18-97; Ch. No. 6465, Sec. 1,3-2-98; Ch. No. 7531, Sec. 1, 5-5-2010)

6.2.  [Promotional examinations.]

(a)  Conduct of examinations:  Promotional examinations shall be conducted in the same manner as open competitive examinations as set out in 6.1 hereof, subject to the following conditions:  A person is eligible for a promotional examination if he satisfies all the following requirements on the closing date for filing application in the official announcement for the examination:

He must hold a position in the classified service;

He must meet the minimum requirements established for the class of position;

He must hold, or within three (3) years have held, permanent status in the classified service.

(b)  Should there be fewer than three (3) applicants for any promotional examination, the personnel director may conduct an open competitive examination.

(Ch. No. 4183, Sec. 1, 9-6-83; Ch. No. 5541, Sec. 1, 2-3-92; Ch. No. 6405, Sec. 1, 9-16-97)

6.3.  [Appeals.]

Within seven (7) days of any decision of the personnel director taken under this section, the person affected may appeal such decision to the personnel board.

SECTION 6A.  EXAMINATION PROCEDURES FOR POLICE POSITIONS

6A.1.  Competitive examinations.

(a)  Requirements:  Unless specified otherwise in this ordinance, no person shall be appointed to a position in the classified service unless he or she shall have filed a completed application form prescribed by the personnel director and shall have qualified by obtaining a passing score of at least seventy (70) percent on the overall test and have been placed on an eligible list.  (In order to continue beyond the written test all candidates are required to have passed at least seventy (70) percent of the questions on the written test.)

(b)  Qualifications:  Competitive examinations will be open to applicants who meet the minimum qualifications as listed on the classification description for the position.

(c)  Public announcement of examinations:  The personnel director shall announce publicly any competitive examinations for entrance into or promotion within the classified service at least fifteen (15) days in advance of the scheduled date for such examination.  Such announcements shall be posted on a bulletin board in or near the personnel division in City Hall and in such other accessible places as will assure that any interested citizen may be informed about employment opportunities in the classified service of the city.  Examination announcements shall be advertised in at least one (1) daily newspaper in the city and/or state.  Size and composition of the advertisement will be determined by the personnel director consistent with the budgeted account for advertising in the personnel division.  Information in the advertisement will be kept to that information necessary to inform the public of the position and the fact that details can be obtained at City Hall, personnel division.  Information which will be available in the personnel division will include, but not be limited to:  the general scope of each examination, the relative weights established for each phase of the examination, the time limit for the examination, the final date when applications will be accepted and the minimum qualifications for the position.  The personnel director will provide the above information to any person requesting the same.

(d)  Disqualification: For just cause, the personnel director may reject the application of any person for admission to an examination, may refuse to examine any applicant and may remove any applicant's name from the eligible list.

(e)  Scope of examination:  Examinations used to determine merit and fitness of applicants and to establish appointment lists, shall consist of written tests, oral tests, physical tests, demonstrations of skill, or any combination of such tests as determined by the personnel director.

(f)  Conduct of examinations:  Examinations shall be conducted in as many places in the city as the personnel director may find necessary or as conducted in any location by  a qualified independent testing vendor, who has experience in the requisite standards for certification and  training of municipal law enforcement officers as established by the Rhode Island Police Officers Commission on Standards and Training.  The personnel director may designate monitors or the qualified independent testing vendor to take charge of examinations under instructions from him.  The identity of persons taking examinations shall be concealed by the use of identification numbers instead of names on all written examinations.  Any examination paper bearing the name or other identifying marks shall be rejected and the applicant so notified.  The personnel director shall ensure each applicant has an equal opportunity to demonstrate his/her qualifications, and see that no unauthorized person secures examination questions or other material in advance of the testing date.  When any applicant is discovered using unauthorized information to assist in answering the questions, the monitor shall remove the unauthorized information from the applicant and report the circumstances to the personnel director who shall take such action as he considers necessary and shall, if the evidence supports the allegations, disqualify the applicant.  If the personnel director is of the opinion that the conditions under which any examination is held are not such as to be fair, he may order, with the approval of the personnel board, that the completed examinations, or any part thereof, be canceled and that new examinations be held.

(g)  Rating examinations:  The personnel director shall see that the examination papers and other evidence of fitness are scored as promptly as possible.  In all examinations, the final weighted, grade or rating through which eligibility may be earned, shall take into consideration all factors of the examination.  Veterans credit will be awarded to all qualified veterans.  Police applicants shall be granted additional credit for meeting certain residency, police reserve service and educational requirements.  Veterans credit and police and fire residency and educational credit are defined as follows:

(1)  DEFINITION OF VETERANS' CREDIT:  There shall be added to the final ratings of examinees who are veterans in competitive tests for entrance into the classified service, but not for promotion in the service, who receive at least the minimum required final earned rating as stated in the public notice, this ordinance or other official communication, service credit amounting to not more than five (5) points for veterans.  DD Form 214 is required as proof of Veteran’s credit.

"Veteran" means any person who served in the military or naval service of the United States in World War I or who served in the military or naval service of the U.S. in World War II at any time during the period beginning December 7, 1941 and ending December 31, 1946; or who served in the Korean conflict at anytime during June 27, 195 through January 31, 1955; or in the Vietnam conflict from August 5, 1964 through May 7, 1975; in the Taiwan Straits Expeditionary Force at any time from August 23, 1958 through January 1, 1959, or the Persian Gulf from August 2, 1990 through present, in the Panama Operations beginning December 20, 1989 to January 31, 1990, in the Lebanon Operations beginning:

July 1, 1958 to November 1, 1958

August 20, 1982 to May 31, 1983

June 1, 1983 to December 1987

and in the Grenada Operations beginning October 23, 1983 to November 21, 1983.  NOTE:  These dates will be reviewed annually to conform to state law (ref:  GL 36-4-19).

(2)  There shall be added to the final ratings of examinees for police service who are members of the police reserves and have in excess of two hundred (200) hours of satisfactory credited service as of the closing date for applications a credit of not more than five (5) points.

(3) There shall be added to the final ratings of examinees for police service who have an associate degree or sixty semester hours of college credits from an accredited college an educational credit of not more than two (2) points.  If the candidate has a bachelor’s degree from an accredited college, said educational credit will be not more than three (3) additional points.

(4) The maximum aggregate of additional credit points awarded to any examinee from Sections (g)(1), (2), and (3) shall be ten (10) points.

(h)  Police candidates special test procedures:  Police entry level candidates are required to take several special tests as qualifiers unique to their potential service in addition to the normal written and/or oral tests administered to applicants for city employment.  These tests shall include, but are not limited to, physical training assessments, psychological tests, background investigations (absolute requirement for police candidates) and tests other than the written and oral tests controlled by the personnel division or by a qualified independent testing vendor.  Physical training assessments shall be administered to all applicants for police service by the personnel division or by a qualified independent testing vendor.  Candidates for police shall be ranked by the personnel director or by a qualified independent testing vendor and promptly submitted to the personnel board for certification upon completion of the written and oral portions of the exam.  Police eligibility lists shall be valid for a period of six (6) months from the date of certification.  The appointing authority shall have the option to extend this period at six (6) month intervals up to a maximum of two (2) years from the date of certification.  Prequalifier tests shall be administered by the personnel division or by a qualified independent testing vendor.  Psychological tests shall be coordinated by the personnel division as required.  Background investigations will be performed by the Woonsocket Police Department when required.  Other tests will be controlled on a case by case basis with the approval of the personnel director.  All offers of employment are conditional based on successful completion of the applicable background investigations or other tests.

(i) Police officers who are currently employed or formerly employed by any State or Municipal Police Department and who have successfully completed a Certified Municipal Police Training Academy within the past three (3) years shall not be required to take the written test and oral examination to become police officers within the Woonsocket Police Department. The Police Chief shall have the ability to interview, conduct reference checks, and make a conditional offer of employment to any current or former police officers who the Police Chief believes meet the necessary requirements and standards to be a police officer for the City of Woonsocket. The name(s) of any such officer(s) provided with a conditional offer of employment with the City of Woonsocket Police Department by the Police Chief shall be provided to the Woonsocket Personnel Board for certification of eligibility for the classified service. Any police officers hired through this process shall not be required to attend the Rhode Island Municipal Police Academy unless the Police Chief believes that it is necessary. Any police officers hired through this process shall not be sworn in as a Police Officer in the Woonsocket Police Department until he or she has been certified or re-certified by the Rhode Island Police Officers Commission on Standards and Training.

(j)  Notice of examination results:  As soon as possible after a written and oral examination has been rated, the personnel director shall establish an eligible list, subject to the approval of the personnel board, and notify each applicant by mail of his/her relative position on said list, or of his/her failure to obtain a place on such eligible list.  After the eligible list has been established, the markings and test of each applicant shall be open for his/her personal inspection in the personnel office during normal business hours.  Such inspection is limited to within seven (7) days after notices are mailed and must not interfere with the work of the division.  Any marking error discovered during the inspection shall be reported to the personnel director and corrected as appropriate.  No person shall be appointed to a position until the seven-day period has elapsed and in the event of an appeal, no appointment shall be made until said appeal has been heard and decided by the personnel board.

(k)  Preservation of application and examination records:  The applications, examination papers, and other work of the applicants for positions, including any correspondence in relation thereto, may be destroyed upon the expiration, but, in any event, such records shall be maintained in the office of personnel for at least a period of one (1) year. (Ch. No. 2224, Sec. 1, 10-16-67; Ch. No. 2281, Sec. 1, 4-17-68; Ch. No. 2325, Sec. 5, 7-15-68; Ch. No. 2499, Sec. 1, 2-16-70; Ch. No. 3449, Sec. 1, 1-13-78; Ch. No. 5407, Sec. 1, 4-15-91; Ch. No. 5422, Sec. 1, 5-20-91; Ch. No. 5495, Sec. 1, 10-21-91; Ch. No. 6035, Sec. 1, 3-6-95; Ch. No. 6339, Sec. 1, 4-18-97; Ch. No. 6465. Sec. 1, 3-2-98; Ch. No. 6954, Sec. 1, 5-20-02; Ch. No. 8462, Sec. 1, 5-20-2024)

6A.2.  [Promotional examinations.]

(a)  Conduct of examinations:  Promotional examinations shall be conducted in the same manner as open competitive examinations as set out in 6A.1 hereof, subject to the following conditions:  A person is eligible for a promotional examination if he satisfies all the following requirements on the closing date for filing application in the official announcement for the examination:

He must hold a position in the police service;

He must meet the minimum requirements established for the class of position;

He must hold, or within three (3) years have held, permanent status in the police service.

(b)  Should there be fewer than three (3) applicants for any promotional examination, the personnel director may conduct an open competitive examination.

(Ch. No. 4183, Sec. 1, 9-6-83; Ch. No. 5541, Sec. 1, 2-3-92; Ch. No. 6405, Sec. 1, 9-16-97)

6.3.  [Appeals.]

Within seven (7) days of any decision of the personnel director taken under this section, the person affected may appeal such decision to the personnel board.

SECTION 7.    ELIGIBLE AND PROMOTIONAL ELIGIBLE LISTS

7.1.  Preparation of list.

The personnel director shall prepare lists, subject to the approval of the personnel board, containing the names of those applicants who successfully pass the examination.  These names shall be placed in the order of the final weighted ratings received.  If two (2) or more applicants have received equal final weighted ratings, their names shall be arranged on the list in the order of their performance in the written test; provided further, that when such an arrangement fails to resolve a tie, the order of the list shall be the same as the order in which their applications were recorded by file mark in the personnel office.

7.2.  Duration of lists.

The duration of an eligible list shall be one (1) year, but such term may be extended by the personnel director for one (1) additional year.  A promotional eligible list shall remain in effect for two (2) years.  If a new examination is given for a class of position for which there is an established list, either eligible or promotional eligible, one combined list shall result therefrom and the prior existing list shall expire immediately upon the certification of the new list.

7.3.  Establishing new list.

Except for positions within the Fire Department and the Police Department, when any new list is to be established, all eligibles on an existing list for the same class of position shall have the option of competing for a position on the new list, or of retaining their existing rating.  If the eligible retains his existing rating, his name shall be placed on the new list as set forth in 7.1 herein.  If the eligible competes for a position on the new list and he is successful, his name shall be placed on the new list as set forth in 7.1 herein.  If the eligible competes for a position on the new list and is not successful, his name shall be dropped from the list.

(Ch. No. 7125, Sec. 1, 4/19/04)

7.4.  Removal of a name from a list.

The personnel director may remove the name of any person from a list for any one of the following reasons:

(a)  If the person indicates, in writing, that he is unwilling to accept an appointment, provided that a refusal to accept temporary appointment shall not constitute cause for removing his name from a list;

(b)  If the person fails to respond within five (5) days to a notice of certification;

(c)  If the person has twice waived appointments as defined in 7.5 herein;

(d)  If the person has, in the opinion of the personnel director, insufficient reason for requesting a waiver of certification;

(e)  If the person is dismissed during his probationary period and there shall be no appeal in this instance.

The person affected shall be notified, in writing, by the personnel director of this action, unless his whereabouts are unknown.  An appeal may be made to the personnel board within five (5) days after the date of the notice.

7.5.  Waiver of certification.

A person whose name appears on a list may twice waive his right of certification for periods not exceeding thirty (30) days each, for reasons deemed satisfactory by the personnel director.  During a period of waiver, an eligible shall not be certified for appointment to a position for which he otherwise would be eligible.  Prior to certification, an eligible may designate, in writing, the conditions for which, or a period during which, he will not accept appointment.

SECTION 8.    APPOINTMENTS

8.1.  Filling of vacancies.

(a)  When a vacancy is to be filled, the personnel director shall provide to the appointing authority the five (5) highest names of the open competitive eligible list or promotional eligible list as certified by the personnel board, subject to the provisions of 11.7 herein.  If the promotional list does not contain a minimum of five (5) names, then the personnel director will provide the five (5) highest names on the open competitive list.  If neither list contains a minimum of five (5) names, then the appointing authority may request the personnel director to establish a new list.  When filling entry level police and fire vacancies, the same procedure will be followed, except that the appointing authority shall be allowed to select from five (5) names.

(b)  Vacancies in the classified service will be filled, when practicable, by promotional appointment.

(c)  The appointing authority may, with the approval of the personnel director, specify the sex of the person to be certified.  In such cases, the personnel director shall certify the three (3) highest eligibles of that sex.

(d)  The personnel director shall notify, in writing, the persons certified.  If a person certified does not report to the appointing authority within five (5) days, the personnel director shall certify the name of the next highest person on the list.

(e)  Within fifteen (15) days after receiving the certification of eligibles, the appointing authority shall appoint one (1) of the available certified persons.

(f)  If the time requiring the eligible to make necessary arrangements regarding his personal affairs prior to taking the position exceeds two (2) weeks, the appointing authority may ask for the certification of the next eligible available.  Such certification may be made only if deemed equitable by the personnel director.

(g)  Appointments, when finally made, shall be reported immediately to the personnel division on a form prescribed by the personnel director.

(Ch. No. 6035, Sec. 1, 3-6-95; Ch. 6047, Secs. 1, 2, 4-3-95)

8.2.  [Failure to report for work.]

An applicant who accepts an appointment and fails to report to work within five (5) days after the date set by the appointing authority, consistent with 8.1 (e) herein, shall be deemed to have declined the appointment, and his name shall be removed from the list.

8.3.  [Physical examination.]

Prior to appointment, an applicant must be examined, at his expense, and found physically fit for the position, by a physician designated by the personnel director.

8.4.  Temporary appointments.

In the absence of a list, an appointing authority may appoint a person to a position, provided that no such temporary appointment may extend beyond ninety (90) working days with one exception:  In the case of temporary clerical employees, the appointment may be extended if sufficient funds are available.  In any case when an appropriate list is established, the appointing authority shall proceed to fill a vacancy in a permanent position with a permanent employee.

8.5.  Limited-period appointment.

Any vacancy created by a classified employee leaving a position within the classified service for a nontenured position in city service may be filled by a limited-period appointment.

(Ch. No. 4293, Sec. 2, 6-18-84)

SECTION 9.    PROBATION

9.1.  [Provided generally.]

New employees, and employees transferred to a class of position assigned to a higher pay grade, shall serve a probationary period of six (6) months.  New employees shall have no rights under this ordinance, and they shall be subject to dismissal with or without cause.  New employees who have satisfactorily completed the probationary period, shall be known as permanent employees, and their seniority shall be dated from the first day of employment.  Time served under a temporary appointment shall not be counted toward the probationary period.

9.2.  [Provided for fire department.]

New employees appointed to the fire department shall serve a probationary period of not less than six (6) months nor more than one (1) year, as determined by the chief of the fire department.

(Ord. Ch. 1865 As Am. to 12-1-66, Sec. 9.2)

9.3.  [Statement of appointing authority on expiration of probation.]

At least seven (7) days prior to the conclusion of an employee's probationary period, the appointing authority shall file with the personnel director a written statement describing the service of the probationary employee as being satisfactory or unsatisfactory, and expressing whether he does or does not desire to retain the employee in the service.

9.4.  [Reinstatement to old position after promotional probation.]

An employee who fails to complete satisfactorily a promotional probationary period, shall be reinstated forthwith to the position from which he was promoted, even though the lay-off of an employee occupying his former position is necessary.

SECTION 10.  DISCHARGES

10.1.  [Authorized; procedure.]

The appointing authority, or any subordinate designated by said appointing authority, may dismiss, demote or suspend an employee for just cause and notice of such action shall be given, in writing, to the employee.  If, within five (5) days of such dismissal, demotion or suspension, the employee so affected notifies the personnel director, in writing, that he has been unfairly treated he may have his case reviewed in accordance with the grievance and arbitration procedures set forth in this ordinance.

An employee who has been promoted but who does not satisfactorily complete his probationary period in the higher class, and therefore returns to his former class, shall have no right of appeal under this section.

10.2.  [Reinstatement after appeal.]

In the event that an employee is dismissed, demoted or suspended under this section, and such employee appeals such action and his appeal is sustained, he shall be restored to his former position and compensated at his regular rate for any time lost during the period of such dismissal, demotion or suspension.

SECTION 11.  SENIORITY

11.1.  [Principle accepted.]

The principle of seniority, within a class of position within a division, in all cases of lay-off and recall, is hereby accepted by the City of Woonsocket.

11.2.  [Defined.]

Seniority is defined as the total length of city service in any capacity, within the classified service.

11.3.  [Lists.]

The personnel director shall prepare a seniority list of employees by class of position and by division.  Seniority lists shall be revised when necessary, and shall be prepared and posted on bulletin boards within each division showing the employee's name, class of position and seniority.

11.4.  [Effects of transferring positions.]

An employee who goes from one class of position to another shall carry his seniority with him upon satisfactory completion of a six (6) month probationary period in the new class, when required.

11.5.  [Lay-offs.]

In the event of lay-off, the employee with the least seniority in the class of position within the division affected, shall be laid off first.  Two (2) weeks notice of lay-off shall be given to the employee affected by such lay-off.  In the event of recall, the employee with the greatest amount of seniority on the appropriate re-employment list shall be recalled first.

11.6.  [Probation not required for demotions.]

A probationary period shall not be required in the event of demotion.

11.7.  [Re-employment generally.]

A laid off employee's name shall be placed on a re-employment list by class of position and by division and shall remain on said list for a period of two (2) years from the date of such lay-off.  Seniority shall accrue to such employee while on the re-employment list.  No new employee will be hired and no employee will be transferred into any class of position until all employees on such re-employment list for that class and division have been recalled to work.  Pending the return to work on the recalled employee, the appointing authority may transfer another employee to a vacant position for which there is a re-employment list.  The personnel director, for the purpose of recall, shall send a registered letter to the last known address of the employee, unless actual personal contact can otherwise be made by the personnel director, and

the employee shall have five (5) days from the date of the sender's receipt, or the personal contact, to reply to such recall.

11.8.  [Failure to accept re-employment; salary.]

If a recall to work does not reasonably assure the employee of four (4) weeks of continuous work, a failure to accept will not be considered a refusal.  Upon return to work, a recalled employee shall receive that salary rate to which he would have been entitled had he not been laid off.

11.9.  [Repealed Ch. 6405, Sec. 1, 9-16-97 - Seniority credit in promotional examinations]

11.10.  [Breaking of seniority.]

Seniority shall be considered broken for the following reasons only:

(a)  When an employee has been discharged for just cause;

(b)  When an employee voluntarily terminates his employment;

(c)  When an employee fails to respond to a recall notice;

(d)  When an employee fails to notify his departmental director of his absence from work within three (3) working days;

(e)  When an employee fails to renew a leave of absence;

(f)  When an employee engages in other work while on leave of absence;

(g)  When an employee is laid off in excess of two (2) years from the date of his most recent lay-off.

11.11.  [Seniority in assignment of police shifts.]

The police chief, in making assignments to each of the three (3) daily shifts in the police department, shall give preference to each patrolman requesting a particular shift in said assignment, in accordance with his seniority in the police department.

11.12.  [Bridging seniority upon re-employment, after resignation.]

When an employee resigns while in good standing with the city, and returns at a later date to the same position, or another position in the classified service, his previous seniority will be considered bridged after completion of thirty-six (36) months of satisfactory employment.  (Ch. No. 2503, Sec. 1, 3-16-70)

SECTION 12.  GRIEVANCE PROCEDURE

12.1.  ["Grievance" defined.]

For the purpose of this ordinance, the term "grievance" means any difference or dispute between the city and any employee with respect to the interpretation, application, claim or breach or violation of any of the provisions of this ordinance.

12.2.  [Procedure established.]

Any such grievance shall be settled in accordance with the following procedure:

(a)  A grievance shall be presented by the aggrieved employee within three (3) working days of the happening of the alleged grievance to the department head who shall give his answer within one (1) working day thereafter;

(b)  Failing to settle the matter under (a) the aggrieved employee shall present his grievance in writing to the personnel board within five (5) working days; and the personnel board shall give its answer, in writing, within three (3) working days thereafter.  In the event that the departmental director or the personnel board are absent from the city at the time of the alleged grievance, the time periods in (a) and (b) shall commence to run as of the time the departmental director and/or the personnel board shall return to the city.  (Ch. No. 2264, Sec. 1, 3-4-68; Ch. No. 2581, Sec. 1, 9-21-70; Ch. No. 4176, Sec. 1, 8-15-83)

SECTION 13.  ARBITRATION

13.1.  [Authorized.]

If a grievance, defined in section 12, is not settled under such section, or if either the city or the employee is not satisfied with such settlement, such grievance shall, at the request of either the aggrieved employee of the city, or the city, be referred to the American Arbitration Association, in accordance with its rules then obtaining.  The decision of the arbitrator shall be final and binding upon the parties.  The expenses of such arbitration shall be borne equally by the parties.  (Ch. No. 4176, Sec. 2, 8-15-83)

13.2.  [Matter which may be submitted.]

Only grievances arising out of the provisions of this ordinance relating to the interpretation or application thereof, may be submitted to arbitration.  All matters concerning wage structure and fringe benefits, or any other matter requiring the appropriation of money, shall follow the above arbitration procedures, except that the decision of the arbitrator in these matters shall be subject to the approval of the city council and the mayor in the same manner as is provided for the approval of an ordinance under the provisions of the Woonsocket Home Rule Charter.

13.3.  [Time limitation.]

All submissions to arbitration under this section must be made within two (2) weeks after the decision in subsection 12.2(b).  (Ch. No. 4176, Sec. 2, 8-15-83)

13.4.  [Procedure for policemen and firemen]

Arbitration procedures for members of the uniformed fire group and the uniformed police group shall be as set forth in 28-9.1 and 28-9.2 of the General Laws of Rhode Island entitled "Firefighters' Arbitration Act" and "Policemen's Arbitration Act subject to the ratification requirements of the Constitution of Rhode Island."  (Ch. No. 7595, Sec. 1, 4-8-11)

SECTION 14.  MANAGEMENT RIGHTS

14.1.  [Vested in city.]

The management of the city and direction of the working forces is vested exclusively in the city, including, but not limited to, the right to hire, suspend or demote, discipline or discharge for proper cause to, transfer or lay off because of lack of work, or other legitimate reasons to determine the type, kind and quality of service to be rendered to the community, to determine the location of the physical structures of any division or department thereof, to plan and schedule services and work programs, to determine the methods, procedures and means of providing such services, to determine what constitutes good and efficient city service, in accordance with the provisions of this ordinance.

SECTION 15.  PAY PLAN

15.1.  Adoption of pay plan.

The pay plan with the salaries for different class pay grades is hereby adopted according to the following schedule:

(Ch. 7528, Sec.1 & 2, 4-21-2010)

SECTION 16.  OVERTIME

16.1.  [Time and one-half.]

Time and one-half shall be paid in each or any of the following instances, and each instance shall not be dependent on any other instances, but there shall be no duplication or pyramiding of overtime.

(a)  All work performed in excess of eight (8) hours, and in those classes of positions in which it is applicable, all work performed in excess of seven (7) hours, in any one day.

(b)  All work performed in excess of forty (40) hours, and in those classes of positions in which it is applicable, all work performed in excess of thirty-five (35) hours (for which overtime has not previously been paid), in any week.

(c)  All work performed before or after any scheduled shift.

(d)  All work performed on Saturday, except as herein-after provided.

(e)  All work performed on any of the holidays specified in Section 17, in addition to any holiday pay that any employee shall be entitled to under 17.1.

(f)  When partial holidays are observed, as outlined in 17.2, and certain employees are required to work their entire schedule, such employees shall receive time and one-half for one-half of their regularly scheduled hours for such day.

16.2.  [Double time.]

Double time shall be paid for all work performed on Sunday, except as hereinafter provided, but there shall be no duplication of pyramiding of overtime.

16.3.  [Employees regularly working on weekends.]

Premium pay for Saturday or Sunday work shall not be paid to an employee whose regularly scheduled shift shall include hours worked within such premium days.  Such employees shall be paid at the rate of time and one-half for all work performed on the sixth day, and at the rate of double time for all work performed on the seventh day in their established work week.

16.4.  [Distribution of overtime; records.]

Overtime work is to be made a matter of record and distributed fairly and equitably among employees capable of performing the work in their respective division and class of positions.  A record of overtime work will be furnished an employee upon his request.

16.5.  [Inclusion of leave time, etc.]

Hours credited for holidays, sick leave, compensatory time and compensable injury shall be considered as time worked for the purpose of computing overtime.

16.6.  [Positions excluded.]

The overtime provisions of this section shall not apply to those employed in the following classes of positions:

FIRE GROUP:

  Fire Chief

(Ch. No. 7595, Sec. 1, 4-8-11; Ch. No. 7647, Sec. 1, 12-9-11)

POLICE GROUP:

  Police Commander

  Animal Control Officer

ADMINISTRATIVE, FISCAL AND CLERICAL GROUPS:

  Administrative Assistant

  Veterans' Advisor

PLANT OPERATION GROUP:

  Treatment Superintendent

PROFESSIONAL, SUB-PROFESSIONAL AND INSPECTION

GROUPS:

  Housing Inspector

  Plumbing Inspector

  Electrical Inspector

  Chief Housing Inspector

  Building Inspector

  Engineering Draftsman

  Civil Engineer

  Planner

  Traffic Engineer

  Sealer of Weights and Measures

DIVISION HEADS AND SUPERINTENDENTS OF DIVISION

GROUPS:

  Parks Superintendent

  Recreation Director

  Incinerator Superintendent

  Highway Superintendent

  Tabulating Division Supervisor

  Treasurer

  Comptroller

  Purchasing Agent

  Personnel Director

  City Assessor

  City Engineer

  Division Engineer

16.7.  [Compensatory time for overtime.]

Employees of the police and fire groups, except those classes in 16.6, shall receive time and one-half off (compensatory time) for overtime work, in lieu of any cash payment.  Also, administrative, clerical and fiscal group employees, at the discretion of the appointing authority, may be allowed compensatory time off in lieu of cash payment for overtime.

SECTION 16A.

16A.1.  [Work guaranteed; assignment of tasks.]

The city will arrange so that any employee reporting for work on any regularly scheduled work day, unless notified during the preceding half shift, not do so, will be permitted to complete at least a half shift period, and may be assigned other than his regular work within his physical capacity at his established hourly rate.  However, this may not apply when operations are suspended due to causes beyond the city's control, such as fires, floods, storms and failure of power supply.

16A.2.  [Minimum compensation for emergency work.]

Employees called in and reporting for emergency work after leaving their place of employment and outside their regularly scheduled shift hours, shall receive not less than four (4) hours pay at their overtime rate.

SECTION 17.  HOLIDAYS

17.1.  [Specified.]

Employees, (except those in the police and fire groups and those appointed to temporary positions), are entitled to a day off with pay at their regular rate of pay on holidays which occur, or are celebrated, within an employee's assigned basic work week; said holidays are as follows:

New Year's Day

Memorial Day

Independence Day

V.J. Day

Labor Day

Columbus Day

Veterans' Day

Thanksgiving Day

Christmas Day

Election Day--in November of every even year.  (Ord.  No. 2340, Sec. 1, 9-16-68)

17.2.  [Partial holidays.]

All employees, (except those in the police and fire groups and those appointed to a temporary position), shall be eligible for the following partial holidays in accordance with procedures as established by the departmental directors.  Said partial holidays shall consist of the following:

(a)  Good Friday, from noontime on.

(b)  The day before Christmas, from noontime on, or the day before New Year's Day, from noon time on.  (Ord. Ch. 2340, Sec. 1, 9-16-68)

17.3.  [Payment in lieu of holidays.]

Employees of the police and fire group shall receive, as additional compensation, an average day's pay for each of the following holidays, and such additional compensation shall be paid during the week in which such holidays occur.  Said average day's pay shall be computed by dividing the individual weekly wage by forty-two and one-half (42 1/2) and then multiplying that amount by eight (8).

New Year's Day

Memorial Day

Independence Day

V.J. Day

Labor Day

Armistice Day

Thanksgiving Day

Christmas Day

(a)  Members of the fire department shall be entitled to one additional paid holiday, namely, "V. J. Day," August 14 of each year, retroactive to include August 14, 1967.  (Ord. Ch. 2218, Sec. 1, 10-2-67)

17.4.  [Holidays on Saturdays, Sundays and days not normal work days.]

Whenever any of the preceding listed holidays falls on a Sunday, the day following shall be considered the holiday except for police and fire groups.  Whenever any of the preceding listed holidays falls on a Saturday, which day is not within the employee's thirty-five (35) or forty (40) hour basic work week assigned an employee, said employee shall not receive holiday pay for said day.

Holiday pay for any of said listed holidays will not be paid for any of said holidays which occur on any day of the week not within the employee's assigned thirty-five (35) or forty (40) hour basic work week.  (Ord. Ch. 2340, Sec. 1, 9-16-68)

17.5.  [Policemen, firemen working on days off.]

When an employee of the police or fire group is scheduled for a day off on anyone of the holidays set forth in 17.3, but must work in order to meet operational standards, such employee shall receive time and one-half off for each hour so worked and such compensatory time shall total not less than three (3) hours.

17.6.  [Holidays during vacation periods.]

If a holiday falls within an employee's vacation period, such holiday shall not be considered as part of the vacation period, and the employee shall receive his holiday pay in addition to his vacation pay as herein provided.

17.7.  [Holidays not affected by taking sick leave.]

Employees temporarily absent due to injury suffered in the course of employment, or due to bona fide illness causing temporary absence, (in either case not in excess of thirty (30) days), will be eligible for holiday pay.

17.8.  [Holiday pay for laid off employees.]

An employee who has reported for work, but who has been laid off during the week in which a holiday occurs, shall receive pay for such holiday.

SECTION 18.  VACATIONS

18.1.  [Provided.]

All permanent employees in full time positions, who have six (6) months or more seniority as of January 1 or July 1 of the applicable year, shall receive a vacation with pay, computed as follows:

  Seniority                       Vacation

6 months up to 1 year      1 week

1 year up to 5 years       2 weeks

One additional day of vacation shall be added for each full year in excess of five (5) years, but less than ten (10) years.

10 years up to 20 years    3 weeks

20 years and over            4 weeks

18.2.  [Distribution of vacation pay.]

The distribution of vacation pay shall be on or before the start of the employee's vacation.

18.3.  Computing vacation time.

An employee's total seniority with the city as of January 1 or July in the applicable year, shall be used as a basis for computing the length of vacation under the provisions of 18.1.

18.4.  [Payment for unused vacation time.]

In case an employee dies leaving accrued vacation pay not yet paid to him, the city shall pay the amount of such accrued vacation pay to the executor or administrator of his estate, or to his next of kin upon being indemnified by such next of kin to the satisfaction of the city.

18.5.  [Scheduling.]

Vacation schedules shall be established by the appointing authority, and once established, notices setting out such vacation periods shall be posted by the city on or before April 1 in the applicable year.  Any request for an exception to the specified vacation period shall be made to the division chief or his departmental director at least two (2) weeks prior to the start of the vacation time requested.

18.6.  [Preference for senior employees.]

Should a question arise between employees as to when their vacation will be taken, the senior employee shall have preference, except as provided in 18.9.

18.7.  [Maximum consecutive length.]

No employee shall be allowed to take more than two (2) consecutive weeks of vacation without prior approval of the departmental director.

18.8.  [Accumulation prohibited.]

All vacations must be taken during the calendar year in which they are due and vacation time shall not accumulate from one year to another.

18.9.  [Vacations for firemen.]

Choice of vacation for all employees within the fire group shall be determined by departmental seniority and in accordance with the following:

(a)  The department is divided into three (3) groups, and each group will be treated on its own for vacation purposes.

(b)  Captains will draw vacation choice first, then lieutenants, and then firefighters.

SECTION 19.  SICK LEAVE

19.1.  [Generally.]

A. Sick leave shall be defined as the absence from duty of any employee due to illness, exposure to contagious diseases and death in the immediate family of the employee. All such leaves foreseeable shall require specific prior approval of the appointing authority and unforeseeable leaves shall require notification to the appointing authority and/or division head no later than the regular starting time of work. Sick leave shall be considered as a privilege and shall be administered by the personnel director. Sick leave with pay shall be accrued to employees at the rate of one and one-quarter (1 1/4) working days for each full calendar month of service, provided, however, that such a benefit shall not accumulate in excess of one hundred and twenty (120) working days. The appointing authority may require a physician's certificate that an employee is too ill to perform his regular duties. In any event, such physician's certificate shall be mandatory after three (3) consecutive days of absence due to illness. An employee, hired on a temporary basis, shall not be eligible for sick leave with pay. Sick leave allowable for death in the family shall be as follows: For wife, husband, child, mother, father, brother, or sister; mother-in-law and father-in-law; from the time of notification to, and including, the date of burial, not to exceed five (5) days. For mother-in-law, father-in-law, daughter-in-law, son-in-law and grandchildren, the day before burial and the day of burial shall be allowed. For sister-in-law, brother-in-law, aunt, uncle, niece, nephew, grandmother and grandfather, the day of burial shall be allowed.

B. For members of the Fire Group, employees working a schedule averaging 37.5 hours per week, sick leave with pay shall accrue at the rate often (10) hours per month for each full calendar month of service, but otherwise, the terms of subsection A shall apply. For those employees working a schedule averaging 42 hours per week, sick leave with pay shall accrue at the rate of fifteen (15) hours per month for each full calendar month of service, but otherwise, the terms of subsection A shall apply.

(Ch. No. 7595, Sec. 1,4-8-11)

19.2.  [Maternity leave.]

Maternity leave shall be granted up to a maximum of forty-five (45) working days and shall be deducted from accumulated sick leave.

(Ord. Ch. 2124, Sec. 1, 1-3-67)

SECTION 20.  MILITARY LEAVE

20.1.  [Allowed.]

Any employee, other than temporary, who is a member of a reserve force of the United States, or the Rhode Island National Guard, or the Rhode Island Air National Guard, and is ordered by the appropriate authorities to attend a training period or other duties under the supervision of the United States, or the State of Rhode Island, shall be granted a leave of absence without pay from his position during the actual duration of such activity, but not to exceed fifteen (15) days annually.  During this period, the employee shall accrue sick and vacation leave as though actually employed.  Such employee shall receive that part of his regular salary which will, together with his reserve or guard pay, equal his total city salary for a similar period.

SECTION 21.  JURY DUTY

21.1.  [Leave allowed.]

Any employee, other than temporary, shall be granted a leave of absence for required jury or other civic duty requiring appearance before a court or other public body.  Such an employee shall receive that part of his regular salary which will, together with his jury duty compensation or other fees, equal his total city salary for the same period, except in instances where this rule is in conflict with state or federal law.

SECTION 22.  LEAVE WITHOUT PAY

22.1.  [Allowed.]

Upon written application, a permanent employee may be granted a leave of absence, if approved by the appointing authority, not to exceed six (6) months, and subject to one (1) renewal not to exceed six (6) months for reason of personal illness, illness in the immediate family, disability, or for the purpose of furthering his education or training.

22.2.  [Leaves for other reasons.]

Leaves of absence, for reasons other than those above, may be granted with the consent of the appointing authority.

22.3.  [Return to work.]

Upon return to work, such employee will be placed in his former job, if available, or in the equivalent one in accordance with his seniority at the then prevailing rate for the work performed.

22.4.  [Effect on seniority.]

Seniority shall be retained, and shall accumulate during all leaves of absence.

22.5.  [Policemen and firemen.]

Employees of the police and fire groups who have expended their sick leave, shall be granted a leave of absence for personal illness for a period not to exceed one (1) year.

SECTION 23.  HEALTH INSURANCE

(a)  Effective, February 5, 2009, all municipal employees including: (1) the Mayor, department directors, and all other municipal union and non-union employees; and (2) all fire and police union and non-union employees shall begin to make payments in the amount of fifteen (15%) of the annually established premium for health insurance.

(b) Payment shall also be made  by municipal employees who  elect to retire  after April 1, 2009 as follows:  Any municipal employee including police and fire  employees, who  is eligible to retire under  the applicable provisions of the Rhode Island Municipal Employee's Retirement Plan  as of April l, 2009 and is eligible for health  insurance  upon retirement pursuant to Section 2-14.4 of the Code of Ordinances and retires after April 1, 2009, shall pay ten percent (10%) of the established premium or working rate for said coverage.

(c)  Any employee who is not eligible to retire under the applicable provisions of the Rhode Island Municipal Employee's Retirement Plan as of April 1, 2009, and who is eligible for health insurance pursuant to Section 2-14.4 of the Code of Ordinances shall, upon retirement, pay fifteen percent (15%) of the total premium or working rate for said coverage, as established by the city's insurance carrier  and Finance Director.

(d)  For those employees eligible· for health insurance in accordance with Section 2-14.4 of the Code of Ordinances who retire between February 5, 2009 and April 1, 2009, the co-payment will remain as was applicable prior to the passage of this ordinance.

(e)  The amount of payments made by employees will be based upon: (1) Their selection of individual or family coverage, and (2) the total premium or working rate as established by the city's insurance provider and Finance Director for the City of Woonsocket as of February 5,

2009, and as revised annually thereafter on the anniversary date of the city plan year.

(f)   For those employees who retire after April 1, 2009 who are eligible for health insurance pursuant to Section 2-14.4 of the Code of Ordinances shall, upon reaching age sixty-five (65) make payments in the percentage amounts established in sections 23.l(b) and (c) of the premium or working rate for the applicable Medicare Supplemental health coverage (currently Plan 65) as established by the city's insurance provider and Finance Director on February 5, 2009, and revised annually.

(g)  In the event that an employee is a member of a collective bargaining unit, the provisions of this ordinance shall take precedence over the collective bargaining agreement and no collective bargaining agreements entered into after February 5, 2009 shall include any provisions inconsistent with this section.

(h)  The provisions of this ordinance shall apply to all individuals receiving wages from the City of Woonsocket except those employees of the school department.

(i)  In the even that the State of Rhode Island enacts legislation that mandates a higher health  care co-payment, the City shall adopt  same upon its enactment for all municipal employees.

(Ch. No. 5925, Secs. 1, 2, 6-20-94; Ch. No. 6189, Secs. 1, 2, 1-16-96; Sec. 1, 1-28-2009)

SECTION 24.  PENSIONS

24.1.  [State system accepted.]

The provisions of Title 45, Chapter 21 of the General Laws of Rhode Island, 1966 revision, as amended, are accepted and shall include all employees except policemen, firemen and school teachers in the Municipal Employees' Retirement System for the State of Rhode Island.

24.2.  [Mandatory retirement at age 70.]

Any employee who has not, or does not, join the Municipal Employees' Retirement System of the State of Rhode Island, as adopted by Resolution of the City Council on July 1, 1962, and who has, or shall hereafter attain an age of seventy (70) years, shall be retired.  Retirement shall occur on the first day of the calendar month next succeeding the date in which such employee shall have attained the age of seventy (70) years.  This section shall not apply to firemen and policemen.

24.3. [Annual Actuarial Valuation Requirement]

The Finance Director is required to procure annually, as of July 1, an actuarial valuation of the City of Woonsocket Police and Fire Pension funds.  An actuarial valuation report for each plan is required to be delivered to the Office of the City Clerk on or before October 31, of each year.

The actuarial valuation and report must be completed in accordance with generally accepted actuarial standards and procedures, and conform to the Guidelines for Professional Conduct of the American Academy of Actuaries.  Pension obligation information required by Statement 5 of the Governmental Accounting Standards Board must also be provided.

(Ch. No. 6421, Sec. 1, 10-21-97)

24.4. Disability Retirement

In the event that any City police officer or firefighter who participates in the Employees' Retirement System of Rhode Island or the City pension system is unable to perform his/her duties for a period of more than six months due to a disabling illness or on-the-job injury, the police officer or firefighter or the City may apply for an accidental disability pension or ordinary disability pension pursuant to the provisions of Rhode Island General Laws §45-21.2-9 and §45-21.2-7. In the event that such employee's application for benefits pursuant to §45-21.2-9 is denied, the employee or the City may apply for an ordinary disablility pension, so-called, pursuant to Rhode Island General Laws §45-21.2-7.

(Ch. No. 7457, Sec. 1, 2-16-09)

SECTION 25.  PROVISIONS PROHIBITING DISCRIMINATION AND POLITICAL ACTIVITIES

25.1.  Discrimination.

Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action, because of political or religious opinions or affiliations, or because of race, national origin, or any other non-merit factor is prohibited.  Any applicant or employee who has reason to believe that he has been discriminated against because of religious or political opinions or affiliations or race or national original in any personnel action may appeal to the personnel board.  The appellant and the person responsible for the alleged discriminatory action shall have the right to be heard and to present evidence.  If the board finds that there was discrimination on any of the above non-merit factors, it shall order appropriate corrective action and its decision shall be final.

25.2.  Political activities.

In accordance with Chapter XVI, Article 9 of the Charter, no classified employee shall be a member of any national, state, or local committee of a political party, or an officer in any partisan political club or organization, or take part in the activities of a political party or political campaign.  No person holding a permanent position in the classified service shall be a candidate for any elective office unless he first resigns his position with the service of the city.

SECTION 25.A.  PRODUCTIVITY ACHIEVEMENT PROGRAM

25.A.1.  [Eligible participants.]

All employees of the City of Woonsocket not hereinafter excepted from the provisions of this section shall, by virtue of their employment, be entitled to participate in a productivity achievement program.  The purpose of this program is to stimulate governmental efficiency by financially rewarding employees whose efforts and ideas directly result in the delivery of governmental services at a decreased cost; or the increase in receipt of revenues; or the ability to purchase necessary items at a demonstrably lower price.

(Ch. 5805, Sec. 1, 9-20-93)

25.A.2.  [Cost efficiency suggestion; procedure.]

Upon receipt of a cost efficiency suggestion, the City Clerk shall cause a three-person committee to examine the feasibility of implementing the suggestion.  Said committee shall be comprised of the city clerk, a member of the city council to be appointed by the council president, and the controller.  The committee so appointed shall submit its recommendations within sixty (60) days.  The amount of an award shall be in accordance with section 25.A.5 of Chapter 5805 [this appendix].

(Ch. No. 5805, Sec. 1, 9-20-93; Ch. No. 6163, Secs. 1, 2, 11-20-95)

25.A.3.  [Notification of suggestion implementation.]

Upon receipt and approval of a cost efficiency suggestion by the director of finance or the city council or the mayor as may be required, the director of finance shall notify the employee in writing of the date upon which implementation of the suggestion will begin.

(Ch. No. 5805, Sec. 1, 9-20-93)

25.A.4.  [Description of methodology and data required.]

All cost efficiency suggestions submitted pursuant to this chapter must include a description of the methodology by which savings will be achieved and a description of the data utilized to determine the amount of savings.  (Ch. No. 5805, Sec. 1, 9-20-93)

25.A.5.  [Finance director to verify cost savings; award.]

Upon the implementation of a cost savings suggestion, the director of finance shall, for a period of one (1) year from implementation, analyze the savings on a monthly basis, and shall allocate ten (10) percent of the demonstrable monthly savings into a segregated account.

Upon the first anniversary of the implementation of the suggestion, the employee shall receive a sum equal to ten (10) percent of the demonstrable savings directly resulting from the suggestion, but in no event shall said amount exceed two thousand five hundred dollars ($2,500.00).  In the event that more than one (1) employee has authorized the suggestion, the sum percent shall be pro-rated among the employees authoring the suggestion.

(Ch. No. 5805, Sec. 1, 9-20-93)

25.A.6.  [Employees exempt from participation.]

The provisions shall not apply to the following:

(a)  Any elected or appointed official.

(b)  Any employees of the school department.

(c)  Any division heads.

(Ch. No. 5805, Sec. 1, 9-20-93)

25.A.7.  [Items not considered to be cost efficiency suggestions.]

For purposes of this chapter, the following shall not be considered to be cost efficiency suggestions:

(a)  Any suggestion producing a savings wherein an actual bid received is lower than the budgeted amount;

(b)  Savings generated by not filling a vacant position;

(c)  Savings generated by deferral of purchases;

(d)  Suggestions pertaining solely to the increase of rates, taxes or fees;

(e)  Suggestions relating to any matter requiring adjudication;

(f)  Suggestions relating to stricter enforcement or use of already existing rules, regulations, laws, ordinances, or policies.

(g)  Any revenue generated by the collection of any type of receivable due the City of Woonsocket, e.g. delinquent taxes, sewer, water, miscellaneous, etc.

(Ch. No. 5805, Sec. 1, 9-20-93; Ch. No. 6163, Sec. 3, 11-20-95)

25.A.8.  [Conspiracy by ineligible employees.]

In the event that any employee not eligible to participate in this program attempts to obtain remuneration under the provisions of this ordinance by conspiring or cooperating with an eligible employee, then both employees shall be subject to the disciplinary provisions contained in the Personnel Code of the City of Woonsocket.

(Ch. No. 5805, Sec. 1, 9-20-93)

25.A.9.  [Allocations at end of fiscal year.]

Any monetary amount due and payable to an employee which has not been paid to said employee before June 30th in any year, shall be appropriated and paid out of the next year's operating budget.

(Ch. No. 5805, Sec. 1, 9-20-93)

SECTION 25.B. RESIDENCY REQUIREMENT FOR EMPLOYEES (DELETED)

(Ch. No. 6005, Sec. 1, 12-19-94; Ch. No. 6318, Sec. 1, 12-27-96; Ch. No. 6717, Sec. 1, 5-15-00)

SECTION 26.  EFFECTIVE DATE OF ORDINANCE

26.1.  Severance clause.

If any section, clause, provision or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this ordinance.

26.2.  [Effective date.]

This ordinance shall take effect on the eleventh consecutive day following its passage by the Council as provided in Chapter III, Section 9 of the Woonsocket Home Rule Charter and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

PERSONNEL ORDINANCE INDEX

                                   A

ABSENCES                                                     Section

 Leaves.  See that title

 Requirements as to continuity of service                     15.6(f)

AIR NATIONAL GUARD

 Military leave.  See that title

APPEALS

 Discharges, from                                             10.1

 Examination procedures                                        6.3

 Personnel board duties                                        3.4

 Reinstatement of discharged employees                        10.2

APPOINTING AUTHORITY

 Defined                                                       2.1(a)

APPOINTMENT DATE

 Defined                                                       2.1(c)

APPOINTMENTS

 Certification, waiver of                                      7.5

 Competitive examinations                                      6.1

 Defined                                                       2.1(b)

 Eligible and promotional eligible lists.  See that title

 Failure to report for work                                    8.2

 Limited period appointment                                    8.5

 Management rights                                            14.1

 Physical examination                                          8.3

 Probation.  See that title

 Temporary                                                     8.4

 Vacancies, filling                                            8.1

ARBITRATION

 Authorized                                                   13.1

 Grievance procedure                                          13.1 et seq.

 Matters which may be submitted                               13.2

 Policemen and firemen, procedures                            13.4

 Time limitation                                              13.3

ARMISTICE DAY

 Holidays designated.  See:  Holidays

ARMY LEAVE.  See:  Military Leave

                                   B

BLUE CROSS

 Health insurance                                             23.1

                                   C

CANDIDATES FOR OFFICE

 Political activities                                         25.2

CERTIFICATION OF APPOINTMENT                                 Section

 Appointments.  See that title

 Personnel board duties                                        3.4

CHAIRMAN

 Personnel board, of                                           3.4(a)

CHARTER

 Defined                                                       2.1(d)

CHRISTMAS DAY

 Holidays designated.  See:  Holidays

CITIZENSHIP

 Competitive examinations, qualifications                      6.1(b)

CITY

 Management rights vested in                                  14.1

CITY COUNCIL

 Council, defined                                              2.1(i)

CLAIMS

 Grievance procedure.  See that title

CLASS OF POSITION

 Defined                                                       2.1(e)

CLASS TITLE

 Defined                                                       2.1(g)

CLASSIFICATION PLAN

 Administration                                                5.4

 Adoption of class of positions and specifications             5.2

 Classification adjustments

   Classified employee request for                             5.7

 Defined                                                       2.1(f)

 Hours of work                                                 5.3

 New positions, allocation                                     5.5

 Preparation and content of class specifications               5.1

 Re-allocation of positions                                    5.6

CLASSIFIED SERVICE

 Defined                                                       2.1(h)