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Home My WebLink About22-2536RESOLUTION NO. 22-2536 A RESOLUTION OF THE CITY OF DENTON REPEALING POLICIES 102.02 “CITIZENSHIP AND SOCIAL SECURITY NUMBER”, 102.03 “RESIDENCY”, 102.04“MINIMUM AGE”, AND 102.10 “MEDICAL EXAMINATIONS” TO UPDATE ANDCONSOLIDATE POLICY TOPICS INTO ONE NEW POLICY; ADOPTING A NEW POLICYNO. 102.00 “ELIGIBILITY FOR EMPLOYMENT” AND INCLUDING IT IN THE CITY OF DENTON POLICIES AND PROCEDURES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton policies 102.02,102.03,102.04, and 102.10 have existed since the 1980s providing foundational employee appointment policies for the City’s Policies andProcedures: • e • 102.02 CITIZENSHIP102.03 RESIDENCY102.04 MINIMUM AGE102.10 MEDICAL EXAMINATIONS WHEREAS, the City wishes to consolidate these four (4) policies into one updated policyto detail eligibility requirements for employment; and WHEREAS, the City Manager recommends adoption of a policy and the City Council desires to adopt such policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES : SECTION 1. This Resolution hereby repeals the following City of Denton Policies in their entIrety : 102.02 CITIZENSHIP102.03 RESIDENCY 102.04 MINIMUM AGE 102.10 MEDICAL EXAMINATIONS • • SECTION 2. The Policy Statement of Policy No. 102.00 entitled “Eligibility for Employment” is stated herein, and is hereby adopted as an official policy of the City of Denton: POLICY STATEMENT : To be eligible for employment, each employee of the City of Denton shall: 1. Be a citizen of the United States or legally authorized to work in the United States and have a valid social security number. 2. Be at least eighteen (18) years of age for full-time employment. For seasonal/temporary positions, employees under the age of eighteen (18) may be considered if the job duties and working conditions adhere to the federal and state law. Individuals under the age of 18 must provide parent/legal guardian or conservator consent. 3. Sucessfully pass all pre-and post-offer employment screens required as a condition of employment for that position (e.g., physical, drug testing, minor consent, driving license report, and others as applicable). 4. Satisfy conditions of employment required and established by the department for the position (e.g., residency, certifications, licenses, and others as applicable). Police Officers and Firefighters are also subject to the applicable provisions of Texas Local Government Code Chapter 143, the Rules of the City of Denton Firefighters and Police Officers Civil Service Commission, the general and special orders of the Police and Fire Departments, and pursuant to any duly ratified Meet and Confer Agreement. SECTION 3. This Resolution only adopts and approves the “Policy Statement” portion of the Eligibility for Employment Policy included in No. 102.00 of the City of Denton Policies and Procedures Manual. The “Administrative Procedures” portion of the Eligibility for Employment Policy is not a policy of the City Council but rather an administrative procedure describing the means and methods by which City management implements the Eligibility for Employment Policy. The City Manager is authorized to amend and issue such administrative procedures and directives as deemed necessary to implement the Eligibility for Employment Policy related to personnel and internal operational matters. SECTION 4. The attached policy shall be filed in the official records with the City Secretary . SECTION 5. This Resolution, upon its passage and approval, shall be made effective immediately upon its passage and approval. The motion to approve this Resolution was made by %In hk and seconded by e)yDxyhy\ (M& b{cOel ; the R) roved by thefollowing vote U - a : Aye \/ \/- 1/ b/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : Vacant, District 4: Brandon Chase McGee, At Large Place 5 :,// Chris Watts, At Large Place 6: PASSED AND APPROVED this the \CP day of ,\(XnHnAT , 2023. GI 'OR ATTEST: ROSA RIOS, CITY SECRETARY _ reid/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY .*..'y DENTON CITY OF DENTON Policy Number and Title:102.00 Eligibility for Employment Policy Section and Chapter:Human Resources – Employee Appointment Policy Type:Policy with Admin. Procedures Last Revision Date 01/ 10/2023 POLICY STATEMENT To be eligible for employment, each employee of the City of Denton shall: 1. Be a citizen of the United States or legally authorized to work in the United States and have a valid social security number. 2. Be at least 18 years of age for full-time employment. For seasonal/temporary positions, employees under the age of 18 may be considered if the job duties and working conditions adhere to federal and state law. Individuals under the age of 18 must provide parent/legal guardian or conservator consent. 3. Successfully pass all pre- and post-offer employment screens required as a condition of employment for that position (e.g., physical, drug testing, minor consent, driving license report, and others as applicable). 4. Satisfy conditions of employment required and established by the department for the position(e.g., residency, certifications, licenses and others as applicable). Police Officers and Firefighters are also subject to the applicable provisions of Texas LocalGovernment Code Chapter 143, the Rules of the City of Denton Firefighters and Police Officers Civil Service Commission, the general and special orders of the Police and Fire Departments, and pursuant to any duly ratified Meet and Confer Agreement. ADMINISTRATIVE PROCEDURES 1.Citizenship and Social Security Number a.Applicants who have received a conditional offer for employment with the City of Denton will be required by the Human Resources Department to provide proof of identity and eligibility to work in the United States of America. The City of Denton will only accept the original documentation that is approved by the U.S. Citizenship and Immigration Services (USCIS), for use in completing an Employment Eligibility Verification Form 1-9. The City of Denton, in accordance with federal legislation, will not accept photo or digital copies of verification documents. b. If an individual begins working with the City of Denton before completing an 1-9, that individual will not be permitted to continue working if the 1-9 has not been successfully completed within three (3) business days ofthe individual’s official start date. If the individual Policy 102.00 Eligibility for Employmen Page 1 of 3 is unable to successfully complete the 1-9, the individual’s employment relationship with the City of Denton will be terminated, and they will be paid for time worked. C.Employees who lose their status as eligible to work in the United States will be terminated. II. Minimum Age a. Individuals under the age of 18 are allowed to perform only nonhazardous duties, and are not permitted to be employed in any position that lists a hazardous duty on the job description or perform any duties that are hazardous as determined by the U.S. Department of Labor or theTexas Workforce Commission. b. Individuals must be at least sixteen (16) years of age by the first day of employment with the City of Denton for temporary/seasonal positions, unless approval is granted for a specifictemporary/seasonal position as outlined below. 1.If a department would like to request an exception to employ individuals under theage of sixteen (16) years of age for temporary/seasonal positions for the summer when school is not in session, the job duties and working conditions of the specific position must be reviewed and approved by Human Resources, Legal, and the City Manager’s Office prior to any posting or advertisement of a position to determine appropriateness for minimum age and ensure compliance with federal and state laws. In all cases, individuals must be at least fifteen (15) years of age by the firstday of employment with the City of Denton. III. Conditions of Employment a. All applicants who have received a conditional offer for employment with the City of Denton will be required to successfully clear a drug screen prior to employment. Drugs to be tested for are defined in the City’s Anti-Substance Abuse and Rehabilitation policy (108.12). b.Medical examinations (e.g., occupational physicals, audio screening, drug tests) required by the City of Denton for post-offer applicants or current employees shall be paid for by the City of Denton. Such positions will be reviewed by the Human Resources Department to evaluate and determine the type and extent of medical examinations required prior to job performance. A copy of the medical examination report shall be available to the employee upon written request. An authorization form will be sent to the post-offer applicant or current employee with a 72-hour window to visit a clinic for the ordered medical examination. If the employee fails to visit the clinic after three (3) authorization forms have been sent, this will be considered a “refusal to test,” and the post-offer applicant or employee will no longer be eligible for employment. d. The City of Denton complies with all applicable laws, including the Americans with Disabilities Act (ADA), and regulations related to drug and alcohol testing programs, including the Department of Transportation (DOT) requirements.. Post-offer applicants and current employees for DOT positions will be required to clear a physical and DOT Policy 102.00 Eligibility for Employment Page 2 of 3 five-panel drug screen paid for by the City of Denton. See the City’s Anti-Substance Abuse and Rehabilitation policy (108.12). e.Background checks will be conducted on all post-offer applicants for full-time, part-time, and seasonal and temporary positions. A review and evaluation of the results of a background check is done on a case-by-case basis, and factors such as the job applied for, time lapsed, frequency, age of applicant at the time of the infraction, and circumstances surrounding the offense are considered. If the City is considering taking action in whole or in part based on the information in the report, a pre-adverse action letter will be sent to the applicant with the opportunity to dispute the accuracy of the information in the report directly with the consumer reporting agency and provide additional information to the City for consideration within five (5) calendar days. If no additional information is provided to the City by the applicant, a hiring determination will be made based on the information available. If the conditional offer of employment is rescinded based on the results of the report, a Human Resources representative will send an adverse action letter to the applicant. f.Although residency within the city limits is not a condition of employment per City policy or State law, certain positions require reasonable response time to calls outside normally scheduled work hours. A definition of and guidelines for establishing reasonable response time will be explained by the employee’s supervisor at the time of employment and at any time when job requirements or response time guidelines change. See the City’s Response Time and On-Call Duty policy (106.06). REFERENCES • City Policy 106.06 Response Time & On-Call Duty • City Policy 108.12 Anti-Substance Abuse and Rehabilitation REVISION HISTORY Revision Date xx/xx/2023 Policy Owner Human Resources, SKuechler Summa . New policy statement was adopted by City Council onxx/xx/xxxx; and approved by S. Hensley • Repealed prior policies of Policy 102.02 Citizenship and Social Security Number , 102.03 Residency , 102.04 Minimum Age, and 102.10 Medical Examinations Policy 102.00 Eligibility for Employment Page 3 of 3