APPENDIX A EXECUTIVE ORDERS* Order No. 77-6. Employee Assistance Program Order No. 77-7. Rehiring Policy for Certain Dismissed Employees Order No. 77-9. Funded Employee Salaries Order No. 77-13. Law Department Order No. 77-14. Office of Consumer Affairs ’Editor’s note—Printed herein are various executive orders. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original order. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes, and expression of numbers in text has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brackets.
APPENDIX A—EXECUTIVE ORDERS Order No. 77-6 Order No. 77-6 Employee Assistance Program Section 1. Statement of policy; employee assistance program.
(a)The city recognizes that alcoholism and drug abuse are treatable diseases that can cause personal problems. The city also recognizes that employees may have other personal problems which impair their ability to perform satisfactorily in their jobs. Such problems may include emotional behavioral disorders, financial worries or marital and family conflicts. Any one of these problems can result in poor interpersonal relations, excessive absenteeism, deteriorating work performance and lowered productivity.
(b)The city shall assist in finding help for the employees. Since experience and studies indicate that employee assistance programs that are jointly administered by labor and management constitute an effective means of attacking alcoholism, drug abuse and other employee problems, it is desirable that city departments participate in a united program with AFSCME Local 1644 to provide employee assistance through a joint committee.
(c)It is expected that such a jointly administered program will enlighten employees and management to the fact that the social stigma of alcoholism and drug addiction is without foundation and that these conditions are treatable as are most other disorders.
(d)The city shall, whenever feasible, give employees an opportunity to use the employee assistance program before taking the disciplinary action of suspension or discharge. However, the final decision of whether to discipline such employees or to refer them to the program must be made by the department head. This decision should be based on the same factors that govern other decisions concerning disciplinary matters gravity of the offense, previous record of disciplinary action and action taken in similar cases.
(e)For the purpose of this order, alcoholism and drug abuse are defined as illnesses in which an employee’s consumption of alcoholic beverages or drugs definitely and repeatedly interferes with job performance, health and/or attendance.
(f)The bureau of personnel operations is responsible for working with the AFSCME Local 1644 to implement this order, and to follow procedures which ensure that no employee with an alcohol, drug or other personal problem will have his or her job security or promotional opportunities jeopardized by his or her referral or request for consultation or treatment.
(g)It is recognized that supervisors, directors and commissioners do not have the professional qualifications to judge whether or not an employee has an alcoholic or drug problem. Referral to the program for consultation and any subsequent offer of assistance will be based strictly upon unsatisfactory work performance that has been clearly documented by the supervisor.
(h)It will be the responsibility of the employee to seek and accept medical and professional help if advised to do so. If the employee refuses to follow the recommendations of the designated resource person, and job performance or attendance continues to be unsatisfactory, normal disciplinary measures will be taken.
(i)It is expected and hoped that employees who suspect that they have a medical, alcohol or drug related problem, even in its early stages, will be encouraged to seek consultation voluntarily and, when indicated, comply with the prescribed treatment.
(j)All records will be preserved in the highest degree of confidence. The confidential nature of medical records of employees with alcohol or drug related problems will be preserved to ensure privacy in the same manner as other medical records. Under no circumstances shall materials relating to the employee’s participation in the employee assistance program he made a part of the employee’s personnel file.
Section 2. Employee assistance program.
Implementation of the program shall include:
(1)Training of supervisory personnel in documentation and referral procedures based on deteriorating work performance.
Order No. 77-6
(2)Receiving and identifying the problems of employees who come voluntarily or are referred by supervisory personnel.
(3)Referring those employees who appear to have a need for outside treatment to the appropriate community service agency.
(4)Following the progress of referred individuals to ensure that proper assistance is being received.
(5)Issuing further directives and instructions as may be required consistent with the policies enunciated in this order.
(6)Educating employees and management to the fact that the social stigma of alcoholism and other drug addiction is without foundation and educating employees to the dangers of alcoholism and other drug addiction.
(7)Keeping sufficient records to permit the periodic evaluation of the program.
(8)Meeting regularly with the joint committee to evaluate the operation and effectiveness of the employee assistance program and the effectiveness of available sources of professional help and funds.
Order No. 77-7 Rehiring Policy for Certain Dismissed Employees Section 1. Vacancies offered to dismissed employees.
All current vacancies within city government will be first offered to those employees who were dismissed on April 1, 1977 as follows:
(1)Those dismissed employees not rehired as of the date of this order will form a “pool” of prospective employees. The persons making up this pool will, in order of seniority and by job classification, be offered all vacancies within job classifications held by said employee as of the time of his discharge that exist as of this date.
Section 2. Twelve-month period.
For a 12-month period beginning April 19, 1977, all vacancies within city government within any job classification held by a dismissed employee as of April 1, 1977 shall first be offered to dismissed employees eligible for reemployment in such job classifications who have not returned to work with the city and who have not rejected earlier offers of reemployment.
Section 3. Positions at lower classifications offered.
If vacancies at the previous pay grades do not exist, former employees may be offered positions at lower classifications which they may accept with the understanding that they will be placed on the promotional register, with full seniority, for future vacancies at their former grade. Refusal of such opportunities will not jeopardize their chances for future vacancies.
Section 4. Pay; range and advancement.
Rehired city employees will be paid at the same range and step that they received prior to dismissal unless they elect to accept a position at a lower grade because no other vacancies exist. The date for their next pay increment will be advanced only by the amount of lost time. However, these employees will be subject to the probationary period imposed on all new employees and rehires.
Section 5. Fringe benefits retained.
Rehired employees will retain fringe benefits to the extent provided by law. Specifically:
(1)Sick leave. All accumulated sick leave in the drawing account up to a maximum of 30 days will be retained for persons reemployed within 90 days of their dismissal.
(2)Vacation. Unused accrued vacation days will be reinstated.
(3)Pension. Coverage under the current (1962) pension plan will be mandatory. Employees formerly participating in an earlier plan may be subject to increased deductions. Counseling will be available to explain options.
APPENDIX A—EXECUTIVE ORDERS Order No. 77-14 Section 6. Dismissed employees eligible for counseling.
All former employees dismissed as a result of the labor dispute and not yet rehired are eligible for counseling, job referral and other services from the special reemployment task force created in April, 1977. All such employees, including those who have applied for rehiring, are encouraged to contact the employee services division at 658-6007.
Order No. 77-9 Funded Employee Salaries Section 1. Salaries of certain employees.
From this day forward, no person employed by the City of Atlanta in any position which is created as a result of any grant or allocation of funds, from any governmental entity or from any private source, shall receive a salary or other compensation in excess of that being received by any permanent employee of the city performing comparable duties, or holding a comparable position where the minimum qualifications for such position are substantially similar, unless personally approved by the mayor.
the appropriate action necessary to remedy such discrepancies.
Order No. 77-13 Law Department Section 1. Police examination investigation.
To continue and complete the investigation conducted by the law department into irregularities connected with the police promotional exams given in 1975, it is hereby ordered that all affected personnel of the City of Atlanta shall cooperate fully and in every legal way with the effort to complete said investigation, to appear when notified, to answer questions under oath, orally and in writing, and to produce whatever documents might be required by city law department personnel.
Order No. 77-14 Office of Consumer Affairs Section 1. Solicitation ordinance enforcement.
It hereby is ordered that the office of consumer affairs be delegated the responsibility for the enforcement of the door-to-door solicitation ordinance [section 30-546 et seq. of the Code of Ordinances].
Section 2. Salary comparison required.
It is further ordered that the director of the bureau of personnel services shall compare salaries or other compensation for any existing comparable position of employment in the government of the city and in the event it is determined that the salary or other compensation for any position created as a result of such grant or allocation of funds, is in excess of that for any existing comparable position, then said director shall notify the appropriate department head and the chief administrative officer of such discrepancies and the chief administrative officer shall take