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3101 - Hiring Practices
Layton City is an "Equal Opportunity Employer", and as such, follows a concept of non-discrimination in hiring and promotion of employees without regard to their race, religion, age, disability, sex, ethnicity, color, national origin, or genetic information. Evaluation of employment candidates will be made on the basis of education, skills, experience, character, general competence, ability to work and relate with co-workers, and potential for job performance and learning consistent with the needs of the position to be filled.
It is the policy of the City to fill all job openings with the most qualified individual available. Where possible, it shall be the policy of the City to promote from within, provided that all promotions shall be made of the most qualified individuals. Layton City employees that apply and meet minimum qualifications required for the position should be interviewed together with the other applicants who are most qualified for the position except as provided in the paragraph below entitled "Advertising the Position".
Approval of Job Openings
New regular or appointed positions may be created with City Council authorization and approval of the classification and salary range of the position, either through the annual budget authorization or by separate action. Any department directors wishing to create new positions within their department may submit a request to the City Manager for approval of the request, the proposed classification, the job description, and the proposed pay range for the job.
Job openings for existing positions, which have been previously authorized and budgeted by the City Council, shall be submitted to the City Manager through the Human Resources Office for approval to initiate the hiring process.
The hiring department should prepare a job description listing the terms of required education, experience, essential functions and responsibilities, skills and abilities, fitness, competence and character. Prior to filling a full-time position, the Human Resources Officer should meet with the Department Director or hiring authority to discuss any changes they would like made to the job description. If minor changes are made, they must be approved by the Department Director or hiring authority and the Human Resources Division.
Advertising the Position
After the opening has been approved and the job description has been reviewed and finalized, the Department Director or hiring authority should submit the desired start date in writing to the Human Resources Division and indicate their preference as to when the Human Resources Division should begin advertising the position.
The Human Resources Division will prepare an advertisement briefly describing the job, indicating the starting salary, the minimum requirements, the essential job functions for the position, and any closing date. This advertisement should be posted on the Human Resources Bulletin Board near the entrance to the Management Services Department and a copy should be sent to each Department Director for posting within each department. In addition, and at the same time, the Human Resources Department will externally advertise all new and vacant positions as it deems appropriate unless directed otherwise by the City Manager. The City Manager will generally require external advertising for all Department Director and Assistant Department Director positions. The City Manager may waive the external advertising requirement for positions below the Assistant Department Director level when it is determined that sufficient qualified applicants are available internally. The City Manager may also waive the external advertising requirement if there is a former employee available for re-hire, who had voluntarily terminated within the last year, in good standing, as determined by the Department Director and the City Manager. Advertising generally includes the City’s website, local newspapers, Workforce Services, and other employment agencies as determined by the Human Resources Division.
The salary advertised for a vacant position is usually the salary at the bottom of the range. However, another advertisement method may be used to obtain a better selection of applicants, such as a starting salary range or salary depending on qualifications. The decision regarding the advertising of salary for a new position is made by the Department Director with the approval of the City Manager.
Applications for Employment/Promotion
Applications for all positions or advancements shall be filed with the Human Resources Officer. The Human Resources Officer should furnish application blanks to all persons meeting the requirements as set forth in the statement of qualifications. All applicants must list on their application their present and actual address where they reside at the time of filing their application. Any applicant who changes address or telephone number after filing shall immediately notify the Human Resources Officer of the new address and/or telephone number. Failure to comply with this rule may prevent contacting the applicant on a timely basis and may be grounds for rejection of the application.
Applications for employment, full-time and part-time, will be accepted only when a position is open or when the Department Director and Human Resources Division deem it appropriate to establish a roster because of the number of positions, frequency of turnover, or lead-time required to fill a position in that department. Applications are kept on file for a period of two years.
Applications are not accepted after the date listed on the closing date on the job opening. Once the deadline for accepting applications has passed, all applications will be screened under the direction of the Human Resources Division.
Application by City Employees
City employees are encouraged to apply for posted positions. Any current City employee who completes an application for an open position and meets the minimum qualifications required for the position should be tested and/or interviewed, together with the other applicants who are most qualified for the position.
Screening of Applications
Once the application deadline has passed, the Human Resources Division will screen all applications and compile a list of the most qualified applicants for further examination. The screening of applications may be performed by the hiring department in certain circumstances and with the approval of the Human Resources Director.
Whenever it appears from an application or otherwise that an applicant does not possess the requisite educational, physical or experience qualifications for the position sought, or fails to meet the requirements of the position set forth in the rules or in the specifications for the applicable position, or that the application contains false, incomplete or intentionally misleading statements, the Human Resources Division may reject such application and refuse the applicant further consideration.
The Department Director or hiring authority may determine how many applicants he or she wishes to test and/or interview.
The Human Resources Division should contact those applicants to be tested and/or interviewed for an appointment.
Upon application for employment or promotion, examinations may be required by the Human Resources Division or the Department Director. If required, they shall be public and competitive. They will be held at times determined by the Human Resources Division and only after each applicant is given reasonable notice. The examination may include, but is not limited to, written tests, oral interviews, performance tests, physical and/or psychological tests and a polygraph.
Re-Application: If a former Layton City employee, in good standing at the time of termination, re-applies within one year after submitting a resignation, or has been employed in the same capacity they are applying to return to, or otherwise has equivalent experience and current certifications required for the position, the examination or any portion thereof may be waived and he/she may be placed on the eligibility roster upon the recommendation of the Department Director and the approval of the City Manager. Such a former employee is not restricted to re-application during the period the position is open, but may reapply at any time to be placed on the eligibility roster.
Minimum Grades on Each Section: Prior to giving an examination, the Department Director may, with the approval of the Human Resources Department, determine a minimum grade for all or any part or parts of an examination. Any candidate who fails to attain at least this minimum grade shall be considered to have failed and shall not be further examined.
Method of Rating Examinations: Each part of an examination, except in such cases where a minimum passing grade is a prerequisite, shall be separately rated. The method of obtaining the examination grade shall be by adding the grade of all parts, in stated percentage amounts. The total grade will determine the order in which the names of the applicants shall appear on the eligible list with the applicant having the highest grade at the top of the list.
Conduct of Examinations: All examiners shall conduct examinations under the supervision of the Human Resources Division and in accordance with such methods as the Human Resources Division shall prescribe. All examinations shall be impartial, fair and practical, and designed to test the relative qualifications and fitness of applicants to discharge duties of the particular position which they seek to fill. No question in any examination shall relate to the politics, race, sex, disability, national origin, ethnicity, genetic information, or religious convictions or affiliations of the applicant.
Notice to Those Who Failed: All applicants who fail their respective examinations should receive reasonable notice from the Human Resources Division. Reasonable notice may include posting a notice, in a confidential format, in a public place.
Waiver of a Disqualifying Condition: The City Manager, upon recommendations from the Human Resources Division and Department Director, may waive a disqualifying condition found to exist in an applicant for appointment when he or she finds that the condition will not interfere with the present performance of any of the duties of the position sought.
In accordance with Title 71, Chapter 10 of the Utah Code Annotated, 1953, as amended, Layton City shall grant a veteran’s preference upon initial hiring to each preference eligible veteran or preference eligible spouse as specified herein.
“Active Duty” means active military duty and does not include active duty for training, initial active duty for training, or inactive duty for training.
“Disabled veteran” means any individual who has: (a) been separated or retired from the armed forces under honorable conditions; and (b) established the existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the federal Department of Veterans Affairs or a military department.
“Preference eligible” means: (a) any individual who has served on active duty in the armed forces for more than 180 consecutive days, or was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions; (b) a disabled veteran with any percentage of disability; (c) the spouse or unmarried widow or widower of a veteran; (d) a purple heart recipient; or (e) a retired member of the armed forces who retired below the rank of major or its equivalent.
“Veteran” means: (a) an individual who has served on active duty in the armed forces for more than 180 consecutive days, or was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions; or (b) any individual incurring an actual service-related injury or disability in the line of duty whether or not that person completed 180 consecutive days of active duty.
When a preference eligible individual applies for any career service position with the City and meets the minimum job requirements for the position, he/she will be invited to take any examinations or other numeric rating or ranking mechanisms (including an interview) used to select an individual for the position. If the applicant receives a passing score, Layton City shall give preference in hiring by adding to the applicant’s score as follows:
- Five percent of the total possible score, if the individual is a veteran;
- Ten percent of the total possible score, if the individual is a disabled veteran or a purple heart recipient; or
- In the case of a preference eligible spouse, widow or widower, the same percentage the qualifying veteran is, or would have been entitled to.
When a preference eligible individual applies for any career service position with the City that does not require an examination, or where examination and/or interview results are other than a numeric score, the individual shall be given preference in interviewing and hiring for the position.
All applicants for employment, promotion and/or volunteer service may be finger printed and have their records checked in State and National Bureaus. Before appointment, further investigation may be made of the applicant's background by the Police Department to establish that the applicant's character is above reproach and that the applicant has not committed any felony, misdemeanor involving moral turpitude, or is not a habitual petty law violator. An evaluation of criminal history will be a factor in determining employment eligibility. Applicants will not be considered for employment, promotion or volunteer service if they have been convicted of a felony or a misdemeanor involving moral turpitude within the last seven (7) years, or until such convictions are eligible for expungement, whichever is longer. Further, applicants will not be considered if they have been convicted of any other misdemeanor within the last three (3) years, the commission of which is indicative of conduct or character inconsistent with that of those entrusted to perform public service, or until such convictions are eligible for expungement, whichever is longer. Applicants convicted of a misdemeanor alcohol/drug related traffic offense may be eligible after seven (7) years from the date of conviction. If a job position, whether paid or volunteer, requires that an applicant work with minors, such as a lifeguard, coach, or other recreation worker, those convicted of offenses involving minors shall not be hired, regardless of when the conviction occurred. An applicant seeking employment as a (CDL) driver subject to the alcohol/controlled substance testing provisions of 49 CFR Part 382 is required to provide written consent to previous employer(s) to release to Layton City the results of related drug and alcohol testing during the previous two (2) years; applicants with positive tests within one (1) year shall not be hired; applicants with positive tests beyond one year will be required to provide the City with a certification from a reputable substance abuse program that the employee is sober, has successfully completed the treatment program and has the potential for full recovery. A licensed professional medical practitioner that specializes in substance abuse should sign this certification. Background investigations shall be completed prior to an applicant assuming any duties with the City. During any character investigation, the Human Resources Division reserves the right to verify any statements or references made by the applicant in the application.
Exception For Court Ordered Community Service
Those required to perform community service pursuant to a court order are considered neither “employees” nor “volunteers” in accordance with this policy.
The City desires to facilitate this type of community service thus, the request to perform community service for the City will be reviewed on a case by case basis by Human Resources utilizing the following criteria: (1) nature of the requestor's conviction; (2) type of community service available; (3) availability of needed supervision; (4) other prior criminal history; and (5) prior quality of performance of community service.
Driving Record and Ability
An evaluation of an applicant’s drivers license status, driving record and driving ability will be a factor in evaluating employment, promotion and/or volunteer service eligibility for positions that require driving for the City. Applicants selected to fill these positions must provide the City with their date of birth and drivers license number. To be eligible for hire:
- The applicant must have a valid drivers license issued in the United States. New hires from out-of-state must obtain a valid Utah drivers license within one month of hire. If a commercial drivers license is required for the position, the City will allow the new hire a grace period of up to six months from the date of hire to obtain it.
- The applicant must be insurable under the City’s insurance policy without any additional premiums or costs being incurred by the City;
- The applicant’s driving record should not indicate a driving pattern that would raise significant concerns to the Department Director about his/her driving ability.
- In addition, a risk management employee will accompany the applicant on a 10-minute drive in the applicant’s vehicle to observe the applicant’s driving skills. This observation may be made by considering factors such as driving courtesy, observance of traffic laws, safe following distance, proper use of turn signals, ability to safely control the vehicle and general awareness of what is going on around them. The risk management employee’s written observations and recommendation are forwarded to the hiring Department Director, who determines the adequacy of the applicant’s driving skills. The Department Director may arrange a second drive with the applicant. If driving skills are determined inadequate by the Department Director, the applicant will not be hired.
The Human Resources Division, City Manager, or their designee may, in their discretion, cause any applicant's statement in the application, or such supplementary data as may be voluntarily submitted or required, to be investigated. At the request of the City Manager, Human Resources Division, or Department Director, police record checks may be completed on individuals being considered for hire. Any item on the application determined to be falsified may result in the applicant being terminated from his present position with the City and removed from consideration for appointment to any City position.
Upon successful completion of the application, recruitment and examination process, the selection procedure shall be as follows:
- Roster: The Human Resources Division will build and verify a roster by listing those applicants who pass all portions of the examination process according to their score.
- The scores shall be submitted to the hiring department when requested.
- This roster may be used until the Human Resources Division determines that it is no longer valid or accurate. Such time shall not exceed two years. The City reserves the option to choose whether to use this roster, or to re-advertise the position.
- The scores shall be submitted to the hiring department when requested.
- The Department Director shall make, or cause to be made, the appropriate reference checks.
- The Human Resources Division, the Department Director or his/her designee may conditionally offer the position to an applicant whose score is within the top one-third of the roster. Such selection shall be based on non-discriminatory, articulable criteria. Such offers are conditional upon the applicant passing the drug screen, criminal background investigation, and any other required examinations or tests. If the conditional offer is made by the Department Director or his/her designee, they should notify Human Resources and see that the applicant is sent for further required screening. The results of the drug screen, background investigation, and any other required examinations or tests will be provided to the Human Resources Division. When all required screening is successfully completed, Human Resources shall make the final job offer to the candidate.
Only the Human Resources Division is authorized to extend final offers of employment to candidates.
- If the candidate accepts the offer, Human Resources will set up a meeting with the applicant to fill out the necessary forms and begin work. Human Resources should then inform other applicants by mail that a selection has been made.
If the candidate does not accept the position, the Department Director or hiring authority shall determine who the second choice is and proceed as indicated in paragraph 3 above.
- Applicants who met the job qualifications, but were not selected for the positions, may be kept on a roster by the Human Resources Division for further hiring in that position or similar positions, and said roster may be kept and utilized until it is no longer considered valid by the Department Director and the Human Resources Division. The roster shall not be valid for more than two years and only those applicants scoring in the top one-third of the roster are eligible for further hiring.
- The successful candidate for the approved job opening should be notified of the beginning service date, the classification and salary range of the position being filled, the beginning salary or hourly wage, and the employment status. The successful applicant should receive a job description of the position and a copy of the Personnel Policies and Procedures of the City and of the department.
For each position in the Layton City organizational structure, there is an assigned salary range. In most situations, new employees begin at the bottom of their range; however, a new employee may start somewhere within the assigned range at the discretion of the Department Director with approval of the City Manager, based on qualifications and other valid considerations.
Part-time regular positions will be assigned a starting hourly wage, which may be adjusted from time to time. Employees who are hired in part-time positions, regardless of whether they have worked for Layton City previously, will start at the beginning hourly wage for those positions.
Each Department Director should determine the policy, which will be applied in that department, regarding Layton City residency for full and part-time employees. The same policy does not have to exist for both full and part-time employees. This policy should be written and on file in each department.
Filling a Part-time Position
Part-time positions are posted within the City and advertised in the same manner as full-time positions.
Hiring may be made on a temporary, emergency or regular basis:
- Emergency or Temporary Hiring: Department Directors, upon approval of the City Manager, may hire on an emergency or temporary basis. Any removal of personnel upward or downward in status during an emergency or temporary period is purely at the discretion of the Department Director. The City Manager may temporarily hire or re-assign personnel within departments or across departments for an undefined period.
- The Department Director or his/her designee shall have the power to assign employees in his/her department to different classes of work or service within the classification to which they have been hired or promoted, and may change such assignments from time to time. All such assignments must be approved by the City Manager.
Except as otherwise provided by these policies and procedures, a terminated employee forfeits all rights to re-employment and must compete with other individuals interested in filling vacancies within the City. Upon approval of the Department Director and City Manager rehired employees with at least 15 years of experience with Layton City may accrue their annual leave at the 6-10 year accrual rate of 4.6154 hours per pay period or the 6.47 hours per pay period for fire personnel scheduled to work 2920 hours. Nothing in this section shall be construed to mean that a rehired employee must retain their former position, benefits or any other vestige of their prior employment with the City.
Employees of Layton City who retire through the Utah Retirement System are considered voluntarily terminated and may return to work for Layton City only in accordance with the requirements outlined by the Utah Retirement System and by Layton City.
The Utah Retirement System Requirements
When a member terminates employment and is re-employed by the same agency within six months of his or her official retirement date, URS Board Resolution 03-19, effective December 11, 2003 requires four tests:
- Job duties for the six months immediately following retirement must be distinctly different or sufficiently reduced from the pre-retirement job duties.
- Within those newly-defined job duties, the employer cannot require or expect the retiree to work 20 hours or more per week.
- The employer can make no written or verbal guarantee or agreement with the retiree that at the end of six months there will be full-time employment.
- Recruitment for the position must commence as soon as possible after the employee’s retirement announcement and be consistent with the employer’s recruiting procedures for similar positions.
If the above requirements are not met, the Retirement Office will cancel the member’s retirement allowance. As URS requirements are complex, and subject to change, employees should contact the Defined Benefit Retirement Department at (801) 366-7770 to find out how retirement benefits could be affected by returning to work.
Layton City Requirements
- Retirees must apply for open positions and be selected according to procedures outlined in this policy (3101). If a Layton City employee, in good standing at the time of retirement, applies for an open position within one year of retirement, the examination may be waived and he/she may be placed on the eligibility roster upon the recommendation of the Department Director and the approval of the City Manager. Employed retirees are subject to the same requirements (probationary periods, pre-hire drug tests, background investigations, etc.) as any other employee.
- Retirees who are re-employed in part-time positions will be paid the starting hourly wage for the position.
- Upon approval of the Department Director and City Manager, retirees re-employed into full-time positions may be given credit for previous experience, which directly applies to the job being applied for, in determination of salary up to 2.5% for each additional year of service (beyond the required experience for the position) up to a maximum of 25% above the entry level.
- Eligibility for benefits will be the same as for any other newly hired employee, except that Layton City would contribute to a defined contribution plan the same percentage that would be required to pay to the URS pension if the employee were an active member of the retirement system.
Whenever part-time employees terminate employment with the City and then are rehired, they will begin work at the starting hourly wage for those positions at that time.
Employees called to active duty from reserve status, and returning from military service, will be re-hired in their former, or comparable positions, even though this may result in the layoff of more recently hired employees. Such employees shall be reinstated with accrued sick leave, if not previously cashed out, and credited with the period of active duty status, up to 5 years, and the employee’s former full-time period with the City for purposes of determining vacation leave accrual and other benefits.
Amended, 12/9/1993, Previous Policy,
Amended, 2/12/1996, Previous Policy,
Amended, 3/28/2001, Previous Policy,
Amended, 2Minor Edit, 1/5/2004
Minor Edit, 1/6/2004
Amended, 1/8/2004, Previous Policy 3101
Amended, 7/13/2004, Previous Policy 3101
Amended, 1/18/2005, Previous Policy 3101
Amended, 10/13/2005, Previous Policy 3101
Amended, 4/18/2006, Previous Policy 3101
Amended, 10/20/2009, Previous Policy 3101
Amended, 12/28/2009, Previous Policy 3101
Amended, 7/23/2014, Previous Policy 3101
Amended, 7/14/2015, Previous Policy 3101
Amended, 2/24/2016, Previous Policy 3101