PERSONNEL REGULATIONS GENERALLY

Memphis Code of Ordinances tit. 3, ch. 3-4

in effect

Memphis Code of Ordinances § 3-4-1 Paid vacation for full-time city employees.

Sec. 3-4-1. - Paid vacation for full-time city employees. A. All of the full-time employees of the city including the various boards, commissions and authorities created by the city, and including elected, appointed and civil service personnel, shall be permitted to take paid vacation time each calendar year according to the following schedule: Service Requirement | Vacation Period 6 months but less than 1 year | 1 week (40 hours) 1 year but less than 6 years | 2 weeks (80 hours) 6 years but less than 7 years | 2 weeks, 1 day (88 hours) 7 years but less than 8 years | 2 weeks, 2 days (96 hours) 8 years but less than 9 years | 2 weeks, 3 days (104 hours) 9 years but less than 10 years | 2 weeks, 4 days (112 hours) 10 years but less than 11 years | 3 weeks (120 hours) 11 years but less than 12 years | 3 weeks, 1 day (128 hours) 12 years but less than 13 years | 3 weeks, 2 days (136 hours) 13 years but less than 14 years | 3 weeks, 3 days (144 hours) 14 years but less than 15 years | 3 weeks, 4 days (152 hours) 15 years but less than 17 years | 4 weeks (160 hours) 17 years but less than 19 years | 4 weeks, 1 day (168 hours) 19 years but less than 21 years | 4 weeks, 2 days (176 hours) 21 years but less than 23 years | 4 weeks, 3 days (184 hours) 23 years but less than 25 years | 4 weeks, 4 days (192 hours) 25 years and over | 5 weeks (200 hours) Provided, however, that all full-time members of the city fire services division who are engaged in an extended scheduled workweek of 56 hours or more shall be permitted to take paid vacation time for each calendar year according to the following schedule: Service Requirement | Vacation Period 6 months but less than 1 year | 2 weeks 1 year but less than 6 years | 4 weeks 6 years but less than 7 years | 4 weeks, 1 day 7 years but less than 8 years | 4 weeks, 2 days 8 years but less than 9 years | 4 weeks, 2 days 9 years but less than 10 years | 4 weeks, 2 days 10 years but less than 11 years | 5 weeks 11 years but less than 12 years | 5 weeks, 1 day 12 years but less than 13 years | 5 weeks, 2 days 13 years but less than 14 years | 5 weeks, 2 days 14 years but less than 15 years | 5 weeks, 2 days Over 15 years | 6 weeks B. The first schedule of this section shall take effect from and after January 1, 1976, and shall apply to any regular full-time employee of the fire services division who is employed and who regularly serves on a routine 40-hour work week. (Code 1967, § 2-9.1; Code 1985, § 2-1; Ord. No. 63, § 1, 11-21-1967; Res. of 12-12-1967 §§ 1—5; Ord. No. 217, § 1, 7-23-1968; Ord. No. 1352, §§ 1, 2, 7-5-1972; Ord. No. 2358, §§ 1, 2, 12-30-1975)

Memphis Code of Ordinances § 3-4-2 Legal holidays.

Sec. 3-4-2. - Legal holidays. A. City departments will be closed and employees excused, excepting emergency and necessary operations, on the following legal holidays: New Year's Day | January 1 Good Friday Memorial Day | Last Monday in May Juneteenth Independence Day | June 19 Independence Day | July 4 Labor Day | First Monday in September Thanksgiving Day | Fourth Thursday in November Day following Thanksgiving | Fourth Friday in November Christmas Eve | December 24 Christmas Day | December 25 B. Suspension of work at other times will be only with the approval of the mayor and council. Permanent and probationary employees will be excused from work on official holidays without a reduction in pay. (Code 1967, § 2-12; Code 1985, § 2-2; Ord. No. 1268, § 1, 5-2-1972; Ord. No. 1345, § 1, 6-27-1972; Ord. No. 5857, § 1, 3-21-2023)

Memphis Code of Ordinances § 3-4-3 Employees' suggestion awards program.

Sec. 3-4-3. - Employees' suggestion awards program. A. Committee and membership. Each division director of the city shall appoint a minimum of three and a maximum of five employees from his or her division to serve on a total quality management suggestion awards committee for that division. Employees of the city shall serve without additional compensation over and above their regular employment compensation. Terms shall be for no more than two years; however, members may serve consecutive terms upon the request of their division director. B. Alternate members. The division director shall have the right to appoint up to two alternate members who may serve the committee whenever an original appointee can not attend a meeting or can no longer serve as a member of the committee. Such alternate, while acting as a member of the committee, shall have the right to vote and otherwise exercise all other rights which his or her principal would have as a member if he or she were attending a committee meeting. While not acting as a member of the committee, the alternate shall attend committee meetings but may not vote or exercise the rights a principal would have as a member. C. Quality coordinator. The division director shall choose a quality coordinator from among the employees he or she selects to serve on the suggestion award committee. The quality coordinator shall have the discretion to call the meetings of the committee whenever a meeting is warranted. D. Recorder. The appointed members shall choose, from among themselves, a member not the quality coordinator, to serve as recorder for the committee. The recorder shall keep a record of all suggestions and shall record the minutes of each committee meeting. E. Powers, functions, and duties of the committee. Each division committee shall have the powers, functions and duties as are herein authorized and given in this section. Each committee is authorized to act upon such forms, procedures, rules and regulations, as it may deem reasonably necessary to facilitate and exercise its powers, functions and duties. F. Submission of suggestions. Each and every city employee is invited to offer suggestions through the total quality management improvement process. An employee desiring to offer a suggestion pursuant to the provisions of this section shall address the same to the committee by filing the suggestion on the designated form with the recorder of the division's committee. The recorder shall submit each and every suggestion to the committee using the appropriate quality process. Suggestions are to be made to the particular department or division which would benefit most from the implementation of the suggestion. G. Investigations of suggestions by committee and division director. Upon receipt of suggestions, each committee shall evaluate. In evaluating suggestions, the committee shall consider any improvement of operations of the city government that might result from implementation of such suggestions. H. Implementation of suggestions. If, after investigation, the committee determines that a suggestion is worthy of implementation, it shall submit to the division director and the quality council (the administrative body that is responsible for monitoring, recognizing and authorizing the implementing of TQM projects) its recommendation that such suggestion be implemented. No money shall be paid to any person as an award of any suggestion, unless and until such suggestion has been implemented and put into effect and operation. The division director shall give the committee and quality council notice of all suggestions which have been implemented and then put into effect. I. Rejection of suggestion. If a suggestion is rejected, the committee must give notice and reason for the rejection in writing. J. Power of division director to overrule decisions of the committee. Before concluding its investigation of any suggestions, the committee shall cause a copy of each suggestion, along with the committee's findings regarding feasibility of implementation of the suggestion, to be given by the committee recorder to the division director. The division director shall have reasonable opportunity to independently investigate the suggestion and to make recommendations with respect to the committee for further consideration of the suggestion, whether the suggestion had been previously approved or rejected by the committee. Should the division director reject the suggestion, this decision should be communicated to the committee and quality council. K. Awards without implementation. Notwithstanding the above, however, the committee, subject to the appropriation and the availability of money therefor, and acting pursuant to the authority herein and given to it in this section, may make an award (up to and including cash), per guidelines. L. Monetary award. Subject to such conditions, restrictions or limitations as are contained elsewhere in this section, the committee, after a suggestion has been implemented and put into effect, should suggest to the division director and quality council that it be submitted for monetary consideration. Such award shall be in such amount as the committee shall deem reasonable under established guidelines. In addition, the amount of the award must be approved by the division director. In determining the amount of any such award, the committee shall consider the net savings, the net increases in revenue, if any, which will accrue to the division or to the city because of the implementation of such suggestion. In no event shall the amount of any such award exceed the sum of $500.00 or ten percent of the first year's net savings or net increases in revenue to the city, as estimated to the division, or to the city, as estimated by the committee, whichever is the lesser sum. M. Cash awards in excess of $500.00; quality council to authorize payment. If and when the committee finds and determines that a suggestion is worthy of cash award in excess of $500.00, and the division director concurs, the division director may recommend to the quality council that they authorize payment of such higher award. The following percentages will then apply: savings of $5,000.00 to $25,000.00, an award of $500.00, plus five percent of any amount from $5,000.00 to $25,000.00; savings of $25,000.00 to $100,000.00, an award of $1,500.00, plus one percent of any amount over $25,000.00. N. Persons ineligible for cash awards. No suggestions shall be made pursuant to the provisions of this section to any of the following persons: 1. Elected officials; 2. Division directors; 3. Deputy directors; 4. Chief administrative officer; 5. Members of the auditing staff; 6. Any person who is not an employee of the city at the time the suggestion was received by the committee; 7. Supervisory personnel for suggestions related to their own area of responsibility. O. Awards with no definite monetary value and/or noncash award. Each committee may make an award not to exceed a value of $50.00, but not less than $10.00 for suggestions concerning safety and other matters that do not save the city directly but improve operations. The amount of such an award shall be determined on the basis of criteria established by the quality council. Alternatively, each committee may, at any time, award non-cash certificates of commendation and other forms of recognition not involving the payment of money for any suggestion whenever it deems such to be appropriate. P. Patents and copyrights. The city shall be entitled to implement use and put into operations, in effect, any suggestions submitted by any persons pursuant to the provisions of this section without paying any royalties or other moneys, whatever, for the privilege of doing so, and any person so submitting any suggestions to the city shall be deemed, by submitting a suggestion, to have agreed to the above. Subject to the above rights of the city, any employee of the city who submits any suggestion pursuant to this section may copyright or patent such suggestion and shall be entitled to any rights, privileges or emoluments resulting therefrom. Q. Appropriations. No cash award shall be made and no money shall be expended pursuant to the provision of this section, unless money has been appropriated by the city council, and there exists an unencumbered balance of such appropriations sufficient for such purpose. The division director shall make recommendations to the council respecting the amounts of money that should be appropriated for such purposes. R. Annual report. As soon as possible, following the close of each fiscal year, the committee shall make and file with the quality council an annual report of this activity in the immediately proceeding fiscal year; a copy should be provided to the division director. (Code 1967, § 2-9; Code 1985, § 2-3; Ord. No. 7-29, § 1, 6-9-1970; Ord. No. 1049, §§ 1—3, 9-7-1971; Ord. No. 1151, § 1, 1-11-1972; Ord. No. 4339, § 1, 7-18-1995)

Memphis Code of Ordinances § 3-4-4 Discrimination in hiring persons previously convicted.

Sec. 3-4-4. - Discrimination in hiring persons previously convicted. A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Applicant means any person considered for, or who requests to be considered for, employment by the city. City means the City of Memphis or any division, department, agency or office thereof, unless specifically excluded by this section. Conviction means any sentence arising from a plea or verdict of guilty, including a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge. Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. The term "employment" shall not, for the purposes of this section, include any sworn position. Otherwise qualified means any applicant who meets all other criteria for a position or consideration for a position. Relationship to the job means the nature of criminal conduct for which the person was convicted has a direct and/or specific negative bearing on a person's fitness or ability to perform one or more of the duties or responsibilities necessarily related to the employment sought. B. Except as otherwise dictated by state and federal law, the city shall not inquire about an applicant's conviction history until after it has been determined that the applicant is otherwise qualified for the position. City job applications shall not contain a "box" or inquiry regarding a job applicant's prior convictions. This subsection does not apply to police, fire and emergency medical services positions. C. After an applicant has been identified as otherwise qualified for the position, the city will offer a conditional offer of employment to the applicant, pending a conviction history check by the human resources division. Prior to conducting any conviction history check on an applicant, the applicant will be required to complete a form listing any criminal history. Once the form has been received the city must provide a standard written notification to the applicant advising: 1. That a conviction history check is going to take place; 2. That he or she will have the opportunity to rebut a decision by the city should it decide to retract the conditional offer of employment; and 3. What kinds of specific evidence the applicant can present during this rebuttal. D. 1. If, as a result of a conviction history check, the city finds a valid reason to refuse, rescind, or revoke the offer of a position to an applicant, then the city must immediately notify the applicant of the potential adverse employment action, and provide the applicant with a photocopy of the conviction history report with a highlight of the particular conviction that relates to the job's responsibilities, thus warranting a denial of employment. 2. The applicant or current employee shall have ten business days, after receipt of notice and the photocopy of the conviction history report from the city, to respond to the city regarding the conviction history report. The city shall provide the applicant with an opportunity to present information rebutting the accuracy and/or relevance of the conviction history report, including information pertaining to any of the factors listed in this subsection D. The city must review all information and documentation received from the applicant prior to taking any final action as to whether to hire said applicant. E. In making a determination concerning a previous criminal conviction, the city shall consider the following factors: 1. The nature of the crime and its relationship to the job for which the person has applied; 2. The information pertaining to the degree of rehabilitation of the convicted person; 3. The time elapsed since the conviction or release; 4. Any information produced by the person, or produced on his behalf, in regard to his or her rehabilitation and good conduct; 5. The age of the person at the time of occurrence of the criminal offense or offenses; 6. The gravity of the offense; and 7. The public policy of the city, as expressed in this section, to encourage the employment of persons previously convicted of one or more criminal offenses. F. In no case may records of conviction which have been erased be used, distributed or disseminated by the city or any of its agencies in connection with employment, except as dictated by law. G. In order to prevent discrimination against municipal employees in accordance with federal guidelines, any information pertaining to an applicant or employee's record of conviction obtained by the human resources division in conjunction with the hiring process shall remain confidential within that division, and shall not be used, distributed or disseminated by the city or any of its agencies, to any other division, entity, or individual, except as dictated by law. (Ord. No. 5363, §§ 1, 2, 6-22-2010)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT3PE_CH3-4PEREGEFetched: 10/28/2026