City of Clinton Employee Handbook

Approved by City Council 7-98
Revisions May 2002 - to date

4.  OUTSIDE EMPLOYMENT

Employees may engage in other employment provided it does not interfere with duties as a City employee or impair the ability of the employee to perform City duties.  Employee must advise supervisor in writing that they have or want a second job.

All outside employment shall be subject to departmental rules and regulations, and the prior approval of the Department Head and City Manager.

Employees may not engage in outside business activities while on duty, nor may City property be used for any purpose other than City business or functions.

 5. POLITICAL ACTIVITIES

Any employee holding employment in the City s service shall not continue within such position after becoming a candidate for nomination or election to any public office, unless prior to involvement , the employee has been granted approval by the City Managers office.

 Such employee may request a leave of absence without pay and, upon approval by the City Manager, be granted such.

No City employee shall solicit any monetary contribution or take an active part in a municipal campaign, nomination or election.

 Violations considered to be of a political nature shall be referred directly to the City Managers office.  Solicitations are prohibited on City property.

6. PROBATIONARY PERIOD

A.   OBJECTIVES OF PROBATIONARY PERIOD:   The probationary period shall be regarded as a part of the testing process and shall be utilized for training and observing the employees work and for securing the most effective adjustment of a new employee to his/her position.

B.   TERMINATION OF PROBATIONER:     During the probationary period, an employee may be terminated at any time by the supervisor with the approval of the City Manager, without cause and without the right of appeal.  Notification of termination in writing shall be forwarded to the employee being terminated.

 C.   LENGTH OF PROBATIONARY PERIOD:    The probationary period shall be six (6) months, but may be extended by supervisor with consent of the City Manager.  Uniform officers and fire personnel shall have a twelve (12) month probationary period but may be extended by supervisor with consent of the City Manager.  During the initial probationary period, an employee may not request a transfer to a different position.

 D.  APPOINTMENT FOLLOWING PROBATIONARY PERIOD:   Prior to the end of the probationary period, the Department Head shall submit to the City Manager a performance review of the probationary employee.  A satisfactory performance review and affirmative recommendation by the Department Head, with the approval of the City Manager, shall result in confirming probationer to classified status with the City.

E.   PROMOTION TRANSFER PROBATIONARY PERIOD:     When an employee is promoted or transferred, that employee shall serve a probationary period of six months, unless the Department Head recommends waiver of this provision of probation and the waiver is approved by the City Manager.  Should an employee continue in a probationary status, the Department Head shall submit a performance review prior to the end of the six month period to the City Manager and the promoted/transferred employee.  An employee who has been promoted or transferred and is given an evaluation which falls below acceptable levels at the end of the promotion/transfer probationary period may be returned to his/her former position or another similar position if vacant, or otherwise handled as provided in these rules.  Said employee is not entitled to return to non-probationary classified status in his/her former position unless restored to him/her by the City Manager.  Probation period for Fire & Police generally is 12 months, or, less as determined by the City Manager.

F.  SPECIAL REVIEW PERIOD:    An employee may be placed in a special review period when the performance of the employee falls below acceptable levels.  The normal term for a special review period shall be 60 days; a written evaluation and/or report is to be done at the end of this period to document the results of the special review period.  Should the problems with an employees performance not be corrected during this period, other action may be taken as provided in these rules.

 7. CONFLICT OF INTEREST AND BUSINESS ETHICS

 Exactly what constitutes a conflict of interest or an unethical business practice is both a moral and legal question.  The City recognizes and respects the employees right to engage in activities outside of employment which are private in nature and do not in any way conflict with the best interest of the City or reflect poorly on the City.  Management reserves the right however, to determine when the employees activities represent a conflict with the City’s interests and take whatever action is necessary to resolve the situation—including termination.

 IIt isn’t possible in a general policy statement of this sort to define all the various circumstances and relationships that would be considered unethical.  The list below suggest some of the types of activity that would reflect in a negative way on the employees personal integrity or that would limit his/her ability to discharge job duties and responsibilities in an ethical manner.

 A.   PURPOSE OF THE CONFLICT OF INTEREST LAWS:    Okla Statute Section 11§8-113

a.             Except as otherwise provided by this section, no municipal officer or employee, or any business in which said officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in: 

1.  Selling, buying or leasing property, real or personal, to or from the municipality;

2. Contracting with the municipality; or

3. Buying or bartering for or otherwise engaging in any manner in the acquisition of any bonds,  warrants, or other evidence of indebtedness of the municipality.

 b.             For purposes of this section, employee means any person who is employed by a municipality more than ten (10) hours in a week more than thirteen (13) consecutive weeks and who enters into, recommends or  participates in the decision to enter into any transaction described in subsection A of this section.  Provided that any person who receives wages, reimbursement for expenses, or emoluments of any kind from a municipality, any spouse of such person, or any business in which such person or spouse has a proprietary interest shall not buy or otherwise become interested in the transfer of any surplus property of a municipality or a public trust of which the municipality is beneficiary unless such surplus property is offered for sale to the public after notice of the sale is published. 

c.             For purposes of this section, proprietary interest means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any such interest held by a blind trust.

d.            Any person convicted of violating the provisions of this section shall be guilty of a mis-demeanor.  Any transaction entered into a violation of the provisions of this section is void.  Any member of a governing body who approves any transaction in violation of the provisions of this section shall be held personally liable for the amount of said transaction.

e.                Notwithstanding the provisions of this section, any officer, director or employee of a financial institution may serve on a board of a public body.  Provided, the member shall abstain from voting on any matter relating to a transaction between or involving the financial institution in which they are associated and the public body in which they serve. (Amended, effective 11-1-95).

B.  WHAT TO DO IF EMPLOYEE MAY HAVE A CONFLICT OF INTEREST: SPECIFIC DISCLOSURE AND BLANKET DISCLOSURE:   Any employee who feels that she or he may have a conflict of interest in a specific matter should immediately withdraw from participation in all related activities and decisions and prepare a memorandum, directed to the City Manager or, if an elected official to the Mayor, explaining in detail the potential or existing conflict of interest and affirming that the employee has withdrawn from participation in the matter.  The employee should identify the specific matter in which he or she has a substantial interest based on whatever knowledge he or she possesses.  Having disclosed the conflict of interest and withdrawn from participation in the matter, employee must not communicate about the matter with anyone involved in the decision making process in order to avoid the appearance of impropriety.