Document Belgrade_doc_3d38753437

PERSONNEL POLICY MANUAL Adopted: November 19, 2018 ---PAGE BREAK--- ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 i TABLE OF CONTENTS INTRODUCTION i HISTORY OF THE CITY OF BELGRADE ii 1. ORGANIZATIONAL CHART 1 2. AUTHORITY FOR PERSONNEL ACTION 1 3. NON-DISCRIMINATION POLICIES 1 A. Equal Employment Opportunity 1 B. Disability Discrimination Policy 2 C. Non-Discrimination and Harassment 3 D. Definitions of Harassment 4 E. Retaliation 5 4. LAWSUITS AGAINST THE CITY OF BELGRADE 5 5. CONFIDENTIAL INFORMATION/PERSONAL GAIN 5 6. SAFETY AND HEALTH 6 A. Mission and Goals 6 B. Workplace Violence 6 C. Return to Work 7 D. Intimate Partner/Family Violence 7 E. Firearms 7 F. Smoking 8 G. Alcohol Free & Drug Free Workplace 8 7. REPORTING ON THE JOB INJURIES OR EXPOSURES 8 8. HIRING AND SELECTION 9 Preemployment Criminal Background Check 9 9. NEPOTISM (EMPLOYMENT OF RELATIVES) 9 10. HIRING PREFERENCES 10 11. NEW EMPLOYEE ORIENTATION 10 12. CODE OF CONDUCT AND PERFORMANCE EXPECTATIONS 11 A. Code of Conduct B. Outside Employment C. Employee Misconduct D. Attendance/Absenteeism E. Dress Code/Personal Hygiene 13. PROBATIONARY PERIODS 13 14. PERFORMANCE MANAGEMENT AND EVALUATIONS 14 16. REMOTE EMPLOYMENT 14 17. LOSS OF DRIVERS LICENSE 15 18. REPORTING OF OFFENSES 15 19. SCHEDULE AND BREAKS 15 A. Work Week/Work Schedule ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 ii B. Flexible Working Schedule C. Meal Breaks D. Rest Breaks E. Call Back 20. PAY ADMINISTRATION 17 A. Pay Administration C. Time Sheets/Pay Date 21. PROFESSIONAL DEVELOPMENT 19 A. Education and Training B. Participation in Community Organizations C. Participation in Professional Organizations D. Licensing Fees 22. SEPARATION FROM EMPLOYMENT 20 A. Reasons for Separation B. Retirements C. Re-employment of Former Employees D. Layoff/Reduction in Force E. Voluntary Termination 23. HOLIDAYS 22 A. Schedule B. Eligibility C. Use of Leave D. Work on a Holiday 24. VACATION LEAVE 23 A. Eligibility for Paid Vacation Leave B. Amount of Vacation Leave Earned C. Requesting Leave D. Maximum Vacation Leave Accruals E. Vacation Leave Payouts and Position Transfers 25. SICK LEAVE 24 A. Eligibility for Paid Sick Leave B. Amount of Sick Leave Earned C. Requesting Sick Leave D. Maximum Sick Leave E. Use of Sick Leave F. Sick Leave Payouts and Position Transfers G. Transfer of Sick Leave/Sick Leave Donation 26. MATERNITY LEAVE 26 27. PARENTAL LEAVE 27 28. LEAVE WITHOUT PAY 27 A. General Use B. Eligibility C. Notice D. Provisions of Leave without Pay 29. ADMINISTRATIVE LEAVE WITH PAY 28 ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 iii 30. JURY/WITNESS LEAVE 29 31. PUBLIC OFFICE LEAVE 29 32. MILITARY LEAVE 29 33. BEREAVEMENT LEAVE 30 34. FAMILY AND MEDICAL 30 A. Introduction B. Eligibility for Family and Medical Leave C. Requesting Family and Medical Leave 35. BREASTFEEDING IN THE 31 36. EMPLOYEE FILES 32 A. Supervisors’ Documentation Files B. Personnel Files 37. DISCIPLINE AND DUE PROCESS 33 A. Applicability B. Reasons for Disciplinary Action C. Progressive Discipline D Employee Rights A. Due B. Retention of Disciplinary Documents 38. 35 A. Applicability B. Informal Resolution C. Rules of Grievance Processing D. Procedure for Employees Not Directly Supervised by the City Manager E. Procedure for Employees Directly Supervised by the City Manager F. Management Decisions 39. ELECTRONIC AND INFORMATION TECHNOLOGY USE 38 A. Telephone Use B. Computer Use C. Email D. Security 40. USE OF CITY VEHICLES 40 A. Use of City of Belgrade Vehicles B. Assigned Vehicles C. Requirements for Use of Vehicles 41. SALES CALLS AND FUNDRAISING EFFORTS 41 42. WORK-RELATED TRAVEL 42 A. Approval of Travel B. Compensation/Expenses for Travel Purposes C. Travel Advance Requests 43. BENEFITS PROGRAM 42 A. Medical, Dental, Vision and Prescription Benefits B. Continuation of Health Benefits C. Social Security ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 iv D. Flexible Benefits Plan E. Health Savings Account F. Workers Compensation G. Retirement H. Unemployment Insurance I. Employee Assistance Program J. Voluntary Withholdings Appendix B: Rules of Conduct 48 Public Trust/Public Duty Rules of Conduct for City Employees Gifts Self-Dealing Fiduciary Unwarranted Privileges Use of Public Property for Private Business Personal Purposes Anti-Retaliation Disclosure Requirements Enforcement of the Rules of Conduct ACKNOWLEDGEMENT OF RECEIPT 52 ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 i INTRODUCTION The Personnel Policy Manual is designed to answer questions and give guidance regarding your work relationship with the City of Belgrade. Questions about topics covered in this manual may be directed to your supervisor, department director or human resources. The following policies are intended to form a cornerstone in our efforts to provide consistency and professionalism in the City organization. They apply to all City employees. The Police Procedures Manual may differ somewhat regarding certain practices. In those cases, the Police Procedures Manual will take precedence. This manual represents the framework for the administration of the city workforce by the City Manager, as approved by the City Council. The City Manager may issue interpretations and clarifications of policy by management memorandum. The City Manager will notify the City Council of any deviation from these policies once fully implemented. This manual supersedes all previous policies, procedures, rules, regulations and practices. Ted Barkley, City Manager Date Approved by the Belgrade City Council on November 19, 2018. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 ii HISTORY OF THE CITY OF BELGRADE The original town site of Belgrade was established in July of 1881 by Thomas B. Quaw, a businessman from the Midwest United States. Quaw named this town site “Belgrade”, after the capital of Serbia, and as an expression of appreciation to the Serbian investors who helped finance a portion of the Northern Pacific Railroad in the 1880’s. About the same time, Quaw and a partner chose Belgrade as the location to build a grain terminal to provide a market for area farmers. Today, area ranchers and farmers still take advantage of Belgrade’s central location to store and ship their products, and to replenish their supplies. From a foundation based on agriculture and the railroad, Belgrade’s economy has diversified, and Belgrade has now earned itself a niche as Gallatin Valley’s light manufacturing and industrial center. Numerous small companies located in and around Belgrade manufacture a variety of products. Even though these companies are generally small, as a group they provide hundreds of jobs for Belgrade and Gallatin County residents. The City of Belgrade was incorporated in 1906 and is governed by a Council-Manager form of government. The City Council consists of six members who are elected from one of three wards. Each ward elects two members. The Mayor is elected in a city-wide vote. The Council establishes policy direction and hires a City Manager to implement this policy. In 1987, the citizens of Belgrade chose to adopt a Charter form of government. A Charter is the local government equivalent of a state or national constitution. When a local government adopts a charter, it automatically acquires self-government powers which generally expand the scope of local governing authority. This means that Belgrade may exercise any powers and provide any services not otherwise prohibited by state law. This allows the City of Belgrade to be more adaptable, flexible, and responsive in meeting the needs of its residents. As an employee of the City of Belgrade, you are joining a team which celebrates Belgrade’s rich history while, at the same time, looks forward to a future where Belgrade residents enjoy an outstanding quality of life and businesses provide good jobs for Belgrade residents. If you have suggestions for improving Belgrade’s services, please share them with your Supervisor or the City Manager. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 1 1. ORGANIZATIONAL CHART A copy of the current organizational chart is maintained by City Administration. 2. AUTHORITY FOR PERSONNEL ACTION Under the direction of the City Council, the City Manager has the authority to hire, discipline, manage and terminate employees of the City of Belgrade. The City Manager may delegate the authority to discipline City of Belgrade employees to their Supervisors, with the requirement that these Supervisors must exercise this authority in accordance with City of Belgrade policy and must not further delegate the authority to discipline City of Belgrade employees. This delegation of authority does subrogate the City Manager’s authority to hire, discipline, manage and terminate employment. The City Manager reserves the right to withhold any or all this authority from any of their subordinates. The City of Belgrade reserves the right to direct, hire, promote, transfer, assign, retain or dismiss employees. The City of Belgrade also reserves the right to supervise, discipline, and relieve employees from their duties for any reason determined sufficient by the City of Belgrade; as well as determine and change hours of work, shifts, and operational methods. The policies, practices, rules, and regulations may be established or changed/abolished at the sole discretion of the City of Belgrade. The City Manager or designee will execute personnel actions at their discretion when necessary consistent with all applicable laws, regulations and this policy. From time to time, the City Manager may find it necessary or appropriate to waive a policy. The waiver of policy does not establish a new policy. 3. NON-DISCRIMINATION POLICIES A. Equal Employment Opportunity It is the policy of the City of Belgrade to ensure an equal employment opportunity (as defined by the Equal Employment Opportunity Commission (EEOC) and the Montana Human Rights Act) for all employees. The City of Belgrade promotes and affords equal treatment and services to all citizens, employees and representatives. The City of Belgrade assures equal employment opportunity regardless of race, color, religion, national origin, creed, sex, marital status, veteran/military status, genetic information, political belief, age or disability. Ensuring Equal Opportunity To promote a work and customer service environment free from discrimination and harassment, the City of Belgrade will: • Base hiring decisions on job requirements, individual competencies and qualifications; • Promote an inclusive and diverse work environment; • Recognize differences are a key element of organizational and team success; and • Treat individuals with dignity and respect. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 2 Supervisor Responsibilities Supervisors who observe actions or behaviors that may be viewed as discriminatory or harassing must stop the behavior immediately and notify the Human Resources Contact, their Department Head or the City Manager or designee. This policy does not preclude discrimination based on bona fide occupational qualifications or other recognized exceptions under the law. B. Disability Discrimination Policy The City of Belgrade is committed to eliminating discrimination against persons with disabilities and to making reasonable accommodations for any known disability that interferes with an applicant's ability to compete in a selection process, an employee's ability to perform the essential functions of a job or a person's ability to benefit from a City of Belgrade service, activity or event. The City of Belgrade will not discriminate against qualified applicants and individuals with disabilities regarding application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Employment Rights The Montana Human Rights Act and the Americans with Disabilities Act, as amended (ADAAA) prohibit discrimination in employment to an applicant or employee because of a physical or mental disability. Protection To be protected under the Montana Human Rights Act and the ADAAA, an applicant or employee with a disability must: • Have a physical or mental impairment that substantially limits one or more major life activities; or • Have a record of such an impairment; or • Be regarded or perceived as having such an impairment; and • Be able to perform the essential functions of the position with or without a reasonable accommodation. Qualified persons with physical or mental disabilities: • May not be refused an application, interview or employment because of their disability; • May not be terminated or discharged because of their disability; • Have the right to a reasonable accommodation which would allow them to perform the essential functions of the position. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 3 Reasonable Accommodations A. Consistent with this policy of nondiscrimination, the City of Belgrade will provide reasonable accommodations to a qualified individual with a disability, provided that such accommodation does not constitute an undue hardship on the City and/or a direct threat to the health and/or safety of the individual or others. B. Employees or applicants who believe they need a reasonable accommodation to perform the essential functions of their job should contact the City Manager or other designee and request such an accommodation. The City of Belgrade will engage in an interactive dialogue to identify the barriers that make it difficult for the applicant or employee to have an equal opportunity to perform his or her job. The City of Belgrade will then identify possible accommodations, if any, that will help to eliminate the limitation or barrier. If the accommodation is reasonable and will not impose an undue hardship on the City of Belgrade and/or a direct threat to the health and/or safety of the individual or others, the City will make the accommodation. The City of Belgrade may also propose an alternative accommodation(s). The City of Belgrade is not required to provide the accommodation preferred by the individual, to reallocate essential job functions, or to provide personal use items eyeglasses, hearing aids, wheelchairs, etc.) C. The City of Belgrade will also make reasonable accommodations for conditions related to pregnancy, childbirth or related medical conditions, if requested with the advice of the employee’s health care provider, as required by law. C. Non-Discrimination and Harassment It is the policy of the City of Belgrade to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, national origin, creed, sex, marital status, veteran/military status, genetic history, political belief, age or disability both in or outside the workplace, on or off shift, in person or via electronic communication such as email, social media, etc. Each individual has a right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, employees are expected to act in a professional, cooperative and respectful manner to all contacts. Any employee who perceives a conversation or event as harassment, whether the employee is involved or merely observing, should explain to the offender in a calm, but firm manner that the action is perceived as inappropriate and the employee wishes the behavior to stop. Should the behavior continue, the employee should report the activity to their supervisor, or the Human Resources Contact. The City of Belgrade encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of the City of Belgrade to and thoroughly investigate such reports with due regard to confidentiality. The results of the investigation will be communicated to the complainant and the offender. Discipline will follow guidance found in the Discipline Policy, see Section 37. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 4 A follow up review will be completed if harassment allegations have been made to ensure the harassment has discontinued and all parties involved are not subjected to retaliatory behaviors. D. Definitions of Harassment Sexual Harassment: According to the EEOC and Montana Human Rights Bureau, sexual harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical advances of a sexual nature. For example: • Occasions when such conduct, either explicitly or implicitly, is a term or condition of employment; • Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individuals; • Such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Examples may include unwanted sexual advances or requests for sexual favors; sexual jokes or innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; gestures; suggestive objects in pictures or other physical, verbal or visual conduct of a sexual nature. Examples of this kind of conduct may include, but are not limited, to the following: • Discussing sexual activities; • Telling sexually oriented jokes or stories; • Unnecessary touching; • Commenting on physical attributes; • Displaying sexually suggestive pictures; • Using demeaning or inappropriate terms or epithets; • Using indecent gestures; • Using crude language; • Sabotaging the victim's work; • Engaging in hostile physical conduct. Other Harassment: Harassing behavior based on any other protected characteristic. For example: verbal, written or physical conduct that denigrates or shows hostility or aversion toward another because of their race, color, religion, national origin, creed, sex, marital status, genetic history, sexual orientation, political belief, age or disability. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 5 E. Retaliation No hardship, no loss or benefit, and no penalty may be imposed on an employee as punishment for: • Filing or responding to a bona fide complaint of discrimination or harassment; • Appearing as a witness in the investigation of a complaint; or • Serving as an investigator. Please report any retaliation to your supervisor, or the Human Resources Contact. Any report of retaliatory conduct will be objectively, timely and thoroughly investigated in accordance with the City of Belgrade investigation procedure. Retaliation or attempted retaliation is a violation of this Policy and anyone who does so will be subject to disciplinary actions, up to and including termination of employment. 4. LAWSUITS AGAINST THE CITY OF BELGRADE When an employee is approached by a legal process server, they should refer the server to the City Manager or designee, or to the City of Belgrade legal counsel. Should an authority not be available, and the employee is required to accept served papers, it is the employee’s priority to locate and forward the information to either of the authorities listed without opening or reading the documents. No employee shall discuss the aspects of any legal situation that the City of Belgrade is subject to or is currently involved in, including but not limited to lawsuits or hearings, without first consulting with and receiving direction from the City Manager and/or legal counsel. Likewise, if an employee is approached for a press release or news quote, refer all contacts to the City Manager or designee. 5. CONFIDENTIAL INFORMATION/PERSONAL GAIN Employees of the City of Belgrade may deal with confidential information. It is imperative that employees maintain the City of Belgrade integrity and not discuss city business with people who should not be privy to the information. In some circumstances, City of Belgrade business should be revealed to other city employees on a need-to-know basis. If an employee has questions regarding confidential information and to whom the information should be revealed, they should consult with the City Manager or designee, or with the City of Belgrade’s legal counsel. Likewise, employees may not use knowledge gained through their employment at the City of Belgrade to achieve personal gain for themselves or anyone else. Employees cannot participate as a city employee where they may have private pecuniary interest, direct or indirect, or perform in some function requiring discretion on behalf of the City of Belgrade. Employees cannot disclose or use confidential information concerning property or city affairs to advance personal or private interest with respect to any contract or transaction that is or may be the subject of official action by the City of Belgrade. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 6 6. SAFETY AND HEALTH A. Mission and Goals It is the mission and goal of the City of Belgrade to provide City employees a safe and healthy working environment. The City of Belgrade will follow the provisions of the Montana Safety Culture Act and will be responsible for: • Ensuring employees are provided and wear appropriate safety clothing and use appropriate safety devices while performing their jobs; • Correcting safety hazards within the work place; • Providing necessary job safety training. City of Belgrade employees are responsible for: • Following the City of Belgrade’s safety and health policies and directives; and • Reporting hazardous working conditions to Supervisors. B. Workplace Violence The City of Belgrade is committed to providing its staff and customers a friendly, courteous and safe, healthful and efficient work environment in which acts of violence by employees or citizens will not be tolerated. Employees are expected to: • Treat others with respect; • Not invoke violence; • Avoid or minimize potentially violent situations to protect themselves from harm; • Notify their Supervisor or Department Head, City Manager or designee, if they anticipate a particularly confrontational situation so that additional security can be arranged; • When a situation begins amicably but turns hostile, employees should: o Try to de-escalate the situation; o If de-escalation tactics don’t work, they should withdraw from the situation; o If safe to do so and the employee is in immediate danger, alert the police department, or call 9-1-1 or utilize the panic button; o Not use force unless it is necessary for self-defense or the defense of another person; o Report any threat or acts of violence to their immediate Supervisor or Department Head, Human Resources Contact or the City Manager or designee. The City of Belgrade will investigate a complaint about workplace violence. The City of Belgrade will take appropriate and prompt action against an individual who engages in any threatening or intimidating behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 7 Any employee found to be responsible for threats of or actual violence or other conduct that is in violation of these guidelines will be subject to disciplinary action up to and including termination of employment. C. Return to Work The City of Belgrade believes employees are its most important asset. The City of Belgrade is committed to assisting injured employees to return to work as soon as approved by a medical care provider. There may be ways to implement a Return to Work program that meets the needs of both the City of Belgrade and an injured employee. When practical, the focus will be to modify the employee’s existing position and/or work schedule temporarily, or to create a position to accommodate the temporary physical restrictions identified by the treating medical provider. If the injury results in permanent restrictions, the City of Belgrade will follow the provisions of the Americans with Disabilities Amendment Act (ADAAA) and Montana law. Please advise your treating medical care provider of the Return to Work policy so they can help design a temporary transitional duty assignment to allow the employee to return to work as soon as possible. D. Intimate Partner/Family Violence Employees should inform the City Manager or designee of any protective or restraining order that they have obtained or are subject to that lists the worksite as a protected area, as well as any safety concerns regarding intimate partner/family violence. The City of Belgrade will not retaliate against employees making good-faith reports. The City of Belgrade is committed to supporting victims of intimate partner/family violence by providing referrals to the employee assistance program (EAP) and community resources and considering requests for time off for reasons related to intimate partner/family violence. E. Firearms Employees are prohibited from bringing firearms or other perceived weapons (bows, tasers, knives other than pocket knives, etc.) to work. Employees are also prohibited from carrying firearms or other weapons in City of Belgrade vehicles or in personal vehicles if conducting City of Belgrade business. Firearms in personal vehicles must be locked and unloaded while on City of Belgrade property. Employees serving as Police Officers for the City of Belgrade are allowed to carry firearms and other weapons, as approved, to carry out their role as Public Safety Officers. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 8 F. Smoking The City of Belgrade complies with the Montana Clean Indoor Air Act, which requires all of Montana’s enclosed public places and workplaces to be smoke free. Therefore, City of Belgrade facilities and City of Belgrade vehicles are smoke free zones. For purposes of this policy, “smoking” includes, but is not limited to, use of regular cigarettes, cigars, pipes, vapor/electronic cigarettes and any other smoking device. Employees may only smoke during scheduled break and meal periods and must smoke away from entrances and areas where smoke may enter a building. Smoking is prohibited inside City of Belgrade vehicles. The City of Belgrade encourages its employees to not use tobacco products of any kind. The City of Belgrade provides a tobacco cessation program. Details of this program can be requested from the Human Resources Contact. Employees who wish to quit may also get free help at the Montana Quit Line, 1-800-QUIT NOW (784-8669) or G. Alcohol Free & Drug Free Workplace The City of Belgrade is committed to maintaining a work environment which is drug and alcohol free in compliance with the Drug-Free Workplace Act of 1988. The unlawful and unauthorized use, possession, manufacture, distribution, or sale of controlled substances and alcohol are prohibited in and on City of Belgrade property and during the performance of one's duties. Compliance with the City of Belgrade Drug and Alcohol Abuse policy is a condition of continued employment. Violations of this policy will result in disciplinary action, up to and including termination of employment. An employee who violates the provisions of this policy may be required to successfully complete a drug/alcohol abuse rehabilitation program as an alternative to termination. The City of Belgrade has an Employee Assistance Program (EAP) available to employees. The program offers confidential support for life’s every day challenges, and for more serious problems, 24/7 assistance, to employees or their family members who are experiencing personal problems including drug and alcohol problems. 7. REPORTING ON THE JOB INJURIES OR EXPOSURES 1. Employees must report an on the job injury or exposure to their Supervisor by the end of the shift, or as soon as practical/possible after the end of the shift, regardless if the employee receives medical attention for the injury or exposure. The Supervisor must ensure that a first report of exposure or injury is completed as soon as is reasonably practical after becoming aware of an occupational injury or death suffered by a City of Belgrade employee. Nothing in this policy precludes ensuring appropriate medical attention is first provided to an injured employee. In no case shall a first report of injury be delayed longer than 30 days post injury or illness. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 9 2. An accident report must be completed, and the incident must be documented, in writing, by the injured employee as soon as possible following the injury. 3. Employees must report an occupational disease and/or illness to their Supervisor within five days of the time the employee becomes aware of, or should have known of, the presence of an occupational disease and/or illness. The Supervisor must ensure that a first report of an occupational illness suffered by a City of Belgrade employee is completed as soon as is practical/possible after becoming aware of an occupational disease and/or illness. In no case shall a first report of illness and/or disease be delayed longer than 30 days post notification of occupational disease and/or illness. 4. The Human Resources Contact is responsible for submitting the first report of injury as soon as is practical/possible upon receipt of notice of an occupational injury, illness or death suffered by an employee. 5. No employee will be retaliated against for, or discouraged from, making a good faith report of an occupational illness or injury. 8. HIRING AND SELECTION The City of Belgrade’s objective is to recruit, select and appoint the best people available for positions, within approved budget limits. A Department Head or designee and the Human Resources Contact will create selection criteria consistent with the established job description, prior to accepting applications for the vacant position. Selection of an employee will be on the basis of merit and qualifications, and the principles of equal opportunity in employment will apply. No offers of employment may be made by any individual without consultation with the Human Resources Contact and the prior approval of the City Manager. Preemployment Criminal Background Check Upon accepting employment with the City of Belgrade, all successful candidates will require a criminal background check to be completed. Positions may require additional checks such as credit reports, driver’s license, educational verifications and shall be included in the comprehensive background check process. Hiring into a position is subject to successful completion of the criminal background process. 9. NEPOTISM (EMPLOYMENT OF RELATIVES) A. To prevent conflicts of interest, no employee will be assigned or hired to a position where the employee will directly supervise, or will be supervised by, a relative. No employee of the City of Belgrade will sit on a hiring committee where an applicant is a relative or household member. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 10 B. From time to time, a relative or a household member of a City of Belgrade employee may apply for a vacant position with the City of Belgrade. If the vacancy does not involve a supervisory relationship that would meet the nepotism rules above, the current City of Belgrade employee will be notified of their relative’s or household member’s application and conflict of interest concerns will be addressed. The process used to fill the vacant position will be subject to extra review to ensure that the person selected for the vacancy was selected based on merit and qualifications. 10. HIRING PREFERENCES A. The City of Belgrade’s personnel policy incorporates the Montana Veteran’s Public Employment Preference, the Montana Disability in Employment Preference Act, and any other applicable public employment preferences. B. When an injured employee can return to work within 2 (two) years from the date of injury and has received a medical release to return to work, the worker must be given a preference over other applicants for a comparable position that becomes vacant if the position is consistent with the worker's physical condition and vocational abilities. The employee must meet the performance and conduct requirements listed in Section 8, Re- Employment of Former Employees. 11. NEW EMPLOYEE ORIENTATION To welcome and orient new employees to the City of Belgrade, an orientation session will be provided to the new employee(s) on the first day of employment or as soon as practical after the first day of employment. The orientation provided by the Human Resource Contact will cover areas that may vary according to job assignment, employment status and benefit eligibility. The following list is not all inclusive. The orientation session with the Human Resource Contact may cover the following areas: • Completion of employment eligibility forms; • Pay rate, timecards and payday schedules; • Leave accruals and eligibility; • Health benefit packages and retirement plan options; • Work standards and regulations; • Reference and acknowledgement of receipt of City of Belgrade employment policies and procedures, including: o The use of the City of Belgrade’s electronic and information technology; o General Safety; • Review of organizational structure and tour of administrative offices. Supervisors, Department Heads or their designee will give specific orientation about the department procedures required of the position, to include: • Duties of the position; • Safety rules and procedures, location of safety or protective equipment; • Tour of the work area, including location of equipment, supplies, etc.; ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 11 • Introduction to co-workers; • Scheduled work days/hours and lunch and break times; • Education specific to the equipment and tasks required of the position; • Establishing performance expectations and completing performance evaluations; • When and to whom to report an absence from work. Police Officers will complete additional orientation topics which comply with state, federal and local requirements. 12. CODE OF CONDUCT AND PERFORMANCE EXPECTATIONS A. Code of Conduct The City of Belgrade considers attitude, ability, productivity and a sense of responsibility to be critical aspects of each City of Belgrade position. Employees are expected to: • Treat everyone with respect and dignity; • Maintain effective communications inside and outside the organization; • Conduct their job functions in a professional manner; • Be diligent and pay constant and consistent attention to work responsibilities; • Work in an efficient and productive manner; • Work as a team with other City of Belgrade employees; • Keep personal distractions and personal visitors to a minimum in the workplace; • Be cognizant of work locations where visitors are not permitted either for safety purposes or the operations of the City of Belgrade; • Be respectful to fellow staff members and allow them to focus on duties and responsibilities; and • Respect individual privacy rights and keep all legally protected information confidential. B. Outside Employment While outside employment may be allowed, each of the City of Belgrade’s full-time employees should make their employment with the City of Belgrade their primary job. Outside employment should not conflict with an employee’s position with the City of Belgrade. Any employee who wishes to obtain or retain outside employment must have the prior approval of their Department Head and the City Manager. The circumstances of the outside employment will be reviewed to ensure there is no conflict with the employee’s position with the City of Belgrade. Should an outside position interfere in any way with the employee’s ability to satisfactorily complete the employee’s City of Belgrade assigned job duties, the employee may be subject to disciplinary action up to, and including, termination of employment. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 12 Employees who are injured as a result of their outside employment and are covered under Workers Compensation will not be eligible to use City of Belgrade sick leave benefits. C. Employee Misconduct City of Belgrade employees are expected to perform their jobs satisfactorily and to refrain from engaging in misconduct. Misconduct means, but is not limited to, any conduct on or off the job not in keeping with generally accepted professional and personal standards of behavior associated with employment, as well as other activities that might adversely affect the confidence of the public, and serious violations of federal and/or state law. D. Attendance/Absenteeism Being punctual and working assigned shifts is an essential function of every position at the City of Belgrade and is required for efficient operations. Tardiness, unexcused or unauthorized absences are not allowed. If an employee does not know in advance that they will be absent or unavoidably late, they should telephone their Supervisor prior to the start of the employee’s shift. In the event the Supervisor is out of the office, the employee must telephone the Supervisor’s designee prior to the start of the employee’s shift. The Supervisor may grant permission for alternative notifications or have additional requirements regarding notification. Supervisors must inform their employees of the individuals designated to receive employee illness related notifications. If the employee fails to give such notification, the absence may be considered as leave without pay upon City Manager approval. Failure to report an absence as described above or if the tardiness/ absence is deemed unreasonable, it may result in disciplinary action, up to and including termination of employment. An absence in excess of one shift without receipt of proper notification by the City of Belgrade from the employee may constitute immediate discharge, unless the failure to give such notification was due to circumstances beyond the control of the employee. When an employee fails to report to work, the Supervisor or their designee may attempt to contact the employee via phone. If the employee fails to answer, the Supervisor or their designee may attempt to contact their emergency contact and/or request a welfare check. Employees with above average absenteeism may be required to document the reasons, including providing a doctor’s certificate or other evidence and verification as requested by the City Manager or designee. Unreasonable and/or excessive absenteeism may result in disciplinary action, up to and including termination of employment. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 13 E. Dress Code/Personal Hygiene Employees are expected to dress appropriately for their position, their daily activities, and their expected public contact. Employees attending business meetings or other related contact should dress professionally in business attire. The City of Belgrade work environment, though a casual atmosphere, may receive visitors, etc. and all personnel are to be dressed appropriately. Hair and clothes should be neat. Any part of an employee’s dress, appearance or hygiene that is deemed unprofessional or that may endanger the employee and/or staff may be prohibited by the City Manager or designee. If there is a question as to the appropriateness of an employee’s clothing/attire, the Department Head will consult with the City Manager or designee. The City Manager or designee may require an employee to take unpaid time to go home and change if their attire is not considered appropriate. Certain employees may be issued clothing bearing the City of Belgrade logo or other items that readily identify the employee as a City of Belgrade employee. It is recommended that these items be worn only while conducting City of Belgrade business. These employees must remember that they are always representing the City of Belgrade when they are wearing this clothing and must use common sense as to when, where and under what circumstances these items are worn while off duty. 13. PROBATIONARY PERIODS The probationary period is a working test period used to closely observe a new employee’s work and decide whether the employee possesses the skills needed to perform the job. It is also used as a time to make sure the employee demonstrates appropriate conduct and work behaviors. Unless otherwise specified in the employment letter, each City of Belgrade employee is subject to a six month probationary period. Under extenuating circumstances, a probationary period may be extended for up to an additional six months. The probationary period for Police Officers ends twelve (12) months after the employee’s start date. At any time before the end of such probationary term, the City Manager may revoke such appointment. During the probationary period, the employment may be terminated at the will of either the City or the employee on notice to the other for any reason or for no reason. This type of termination comes without the right to appeal. If a temporary employee is hired into a regular position as the result of a competitive selection process, the employee will serve the new employee probationary period associated with the new position. If a probationary employee qualifies for a promotional opportunity, or transfers into a different employment classification, the employee will be subject to an additional six month probationary period beginning on the date of promotion/transfer. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 14 14. PERFORMANCE MANAGEMENT AND EVALUATIONS New employees will serve a new employee probationary period, as described in Section 13. of this manual. Generally, during this period, at least one formal evaluation will be completed by the employee's Supervisor. Failure to complete an evaluation does not preclude the discharging of an employee during the probationary period. Supervisors should conduct at least one performance evaluation of each supervised staff member per year. Performance evaluations may be completed more or less often, as needed. Performance evaluations should be completed by March 30 of each year. Performance evaluations should be discussed with each employee. The employee has a right to submit a separate statement to be attached to the evaluation. Evaluations should be signed by the employee, the Department Head/Supervisor completing the evaluation and the City Manager. The employee's signature indicates receipt of, and not necessarily agreement with, the evaluation. The employee should receive a copy of the final document. Completed evaluations are kept in the employees official personnel file and are considered permanent records. 15. CONSENSUAL RELATIONSHIPS/DATING A. The City of Belgrade strongly believes that a work environment where employees maintain clear boundaries between employee personal and business interactions is most effective for conducting business and enhancing productivity. B. Individuals in supervisory or managerial roles, and those with authority over other terms and conditions of employment, are subject to more stringent requirements under this policy and should disclose to the City Manager any personal relationship that develops, or that has existed, in which an employee has supervisory or management authority over another employee. The City Manager will determine if a conflict of interest exits and if one does, the City Manager, Human Resources Contact and the parties involved will consider options to resolving the conflict of interest. Options may include the parties no longer working together on matters where one is able to influence the other. Matters such as hiring, firing, promotions, performance management, compensation decisions and financial transactions are examples of some, but not all, situations that may require a conflict of interest plan. 16. REMOTE EMPLOYMENT In some situations, the City of Belgrade may hire employees who reside in different locations. Remote employment brings unique responsibilities and advantages that should not be abused or misused. If a remote employee requires a unique work environment that is deemed unreasonable by the employer or creates a situation which the City of Belgrade determines is not workable, the City of Belgrade may require that the employee work out of the appropriate City of Belgrade facility. If the employee is unable to transition to the designated worksite, the City of Belgrade reserves the right to take other actions as required in accordance with City of Belgrade policies. Specific conditions of remote employment shall be included in the employee’s individual employment letter and/or agreement. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 15 17. LOSS OF DRIVERS LICENSE An employee whose duties involve the operation of a City of Belgrade vehicle or any other vehicle for City-related business, and whose drivers’ license is suspended or revoked must report this suspension or revocation to their Supervisor and the Human Resources Contact. No employee will operate a City of Belgrade vehicle or any other vehicle on City of Belgrade business while the employee’s drivers’ license is suspended or revoked. 18. REPORTING OF OFFENSES A. An employee whose duties include the use of a vehicle (City of Belgrade or personal) for City of Belgrade business, shall report to their Supervisor the receipt of any traffic citation for a violation charged under Title 61, Montana Code Annotated or for any similar offense or offenses in any jurisdiction. B. An employee who is charged with a criminal offense under Title 45 or for any similar offense or offenses in any jurisdiction shall report the same to their Supervisor. C. The City Manager will review and/may investigate each report of arrest under this Section to determine the presence of any job-related impacts. 19. SCHEDULE AND BREAKS A. Work Week/Work Schedule 1. The established work week for reporting time worked and for overtime purposes begins on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m. 2. Normal business hours for City of Belgrade offices are from 8:00 a.m. to 5:00 p.m. Monday through Friday. Departments may make alternate schedules to adequately cover work requirements. Employees are expected to adhere to their assigned work schedule. Except in the case of emergency, alternate work schedules must be approved by the Supervisor and Department Head. Employees are not permitted to commence work before their normal starting time or to stop work later than their normal end time without prior approval of their Supervisor or Department Head, except in case of an emergency. The work week and/or starting times of work may vary from assignment to assignment and may be changed from time to time to meet varying conditions in any department. Notice of a schedule change will be made as far in advance as is reasonably possible. B. Flexible Working Schedule Employees may be allowed to work a flexible work schedule, as approved by their Supervisor, outside of the core business hours of 8:00 am to 5:00 pm. Flexible work schedules should be developed departmentally to maintain standard business hours for ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 16 each unit. All flexible arrangements must be cost neutral and contribute to customer service, productivity and employee morale. The decision to allow a flexible schedule is at the sole discretion of the City Manager and may not be appealed through the grievance procedure. Flexible schedules may include variations in daily beginning and ending work time periods, or a compressed work week, providing those schedules comply with state and federal wage and hour laws. Employees desiring flexibility (outside the traditional 8:00 am to 5:00 pm work day), should work directly with their Supervisor to establish their adjusted work schedule. The goal is that the adjusted flexible schedule will still allow for the employee to meet job requirements and the goals of the City of Belgrade. Supervisors will be a part of the development, approval and enforcement of flexible work arrangements. If the Supervisor deems that the flexible work arrangement is not in alignment with the overall organizational goals, they may not approve a flexible schedule, or may revoke the privilege at any time by advising the employee. While working a flexible work schedule, employees must follow the meals and breaks policy regardless of their set schedule. Considerations and accommodations need to be made in flex schedules for: conferences, meetings, travel, vacations, holidays, information technology maintenance issues, special projects and other similar situations. C. Meal Breaks Unpaid lunch/meal breaks are typically one hour or a pre-approved time period by the employee’s Supervisor or Department Head, City Manager or designee. Meal breaks for non-exempt employees must be at least thirty (30) minutes. If an employee needs to take a longer lunch hour, it should not interfere with the employee’s performance of their duties. Lunch/meal breaks are to be taken at a time approved by the Supervisors and may be staggered among the employees to ensure effective department coverage. D. Rest Breaks Depending on work and project responsibilities, an employee may take one paid 15- minute break when they are scheduled to work at least four consecutive hours. Typically rest breaks are to be taken approximately half-way between the start of work and the assigned lunch/meal break and half-way between the lunch break and end of shift at a time and place conducive to the efficiency of the department. With prior approval of the Supervisor, Department Head, and/or designee, an employee may combine rest breaks into a single 30-minute break either during the morning or afternoon work shift, however this will be evaluated on a case by case basis and will not be precedent setting. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 17 Time spent on paid rest breaks will be included as regular work time for overtime purposes. Employees on paid rest breaks shall not interfere with fellow employees who are continuing to work. An employee may not use a break or meal period to arrive late or depart work early unless pre-approved by their Supervisor or on a case by case basis. An exception to this policy should not be considered as a permanent change in schedule. E. Call Back All employees are subject to call back in the event of emergencies or as needed by the City of Belgrade to provide necessary services to the public. Non-exempt employees called back to duty will receive a minimum of two hours of call back pay and will receive the appropriate rate of pay for all hours worked, including any applicable overtime pay. 20. PAY ADMINISTRATION A. Pay Administration The City Manager is responsible for developing and administering the compensation and benefit plan that is adopted as part of the annual budget process. The City Manager sets the pay of those employees who have been promoted, demoted, or transferred or rotated from one position to another. The City of Belgrade may consider the performance of employees when determining pay adjustments. B. Overtime Pay and Accrual of Compensatory Time 1. Required Overtime Employees may be required to work overtime whenever it is deemed necessary by their Supervisor, Department Head, or City Manager. Efforts will be made to provide the employee with as much advance notice as reasonably possible of the required overtime. 2. Overtime Pay In compliance with the Fair Labor Standards Act and Montana Wage and Hour law, the City of Belgrade may not employ a non-exempt employee for a work week longer than 40 hours unless the employee receives compensation for hours worked in excess of 40 hours in a work week. Time off for sick leave, vacation leave or any other paid or unpaid leave of absence will not be considered as time worked for overtime purposes. Holiday hours will be considered as time worked for overtime purposes. Non-exempt employees working over 40 hours in a work week will be paid overtime at the regular rate of 1 and1/2 time their hourly wage rate. Exempt employees do not receive overtime pay. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 18 3. Compensatory Time Non-exempt employees may request compensatory time in lieu of overtime pay. Compensatory time is earned at 1 and 1/2 times the number of hours worked in excess of 40 hours per work week. Compensatory time may be accumulated up to a maximum balance of 60 hours. As a practice, an employee’s compensatory time will be deducted first before vacation leave is used. Use of compensatory time is not at the discretion of the employee. It must be scheduled and approved by the Supervisor in the same manner as other requests for leave time. Unused compensatory time balances for non-exempt employees will be paid off upon termination or if the employee's Fair Labor Standards Act (FLSA) status changes from non-exempt to exempt. Exempt employees do not receive compensatory time. 4. Prior Approval for Overtime/Compensatory Time Each department determines the employee work schedules necessary to conduct its operations. Prior to working additional hours, non-exempt employees must receive authorization from their Supervisor to work overtime or earn compensatory time hours, except in emergency situations. C. Time Sheets/Pay Date 1. Pay Period and Pay Day The established pay period for the City of Belgrade is the 25th of one month through the 24th of the following month. City of Belgrade employees are paid one time per month on the 30th of each month (28th or 29th in February). There may be a draw check on the 15th of the month. Contact payroll or the Human Resources Contact for more information. If the 30th of the month falls on a Saturday or Sunday, payday will be on the Friday before. Paychecks and/or direct deposit pay summaries will be distributed by payroll. 2. Time Sheet Guidelines Time sheets for non-exempt employees must include the employee’s name, assigned employee number, daily hours worked, holiday hours, and all leaves hours whether paid or unpaid. Time worked is recorded in quarter hour increments. The employee must sign the time sheet attesting that all time worked, and leave used is accurately reported. For purposes of electronic time cards, employees who complete the time card and submit it to their Supervisor for approval are attesting the time worked/leave used is accurate. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 19 Time sheets for the month are to be completed by employees and submitted to their Supervisor on or before the last day of the pay period (24th of each month). Any employee completing or altering another employee’s time sheet may be subject to disciplinary action up to, and including, termination of employment. 3. Time Sheet Approval The employee’s Supervisor or Department Head, and/or their designee will review and sign the time sheets or approve them through the electronic timecard process. 4. Employee’s Authorized Representative Each employee is required to designate at least one other person of their choice to be authorized to pick up and sign for paychecks and other related documents. The employee may revise or update this authorization at any time by notifying the Human Resources Contact or payroll and signing a new form. 21. PROFESSIONAL DEVELOPMENT A. Education and Training The City of Belgrade encourages training for employees when that training improves employee productivity, knowledge and skills and when the City of Belgrade’s services and programs will be more efficient and effective. The City of Belgrade may provide full or partial funding for training that is a work-related program, seminar, conference, convention, etc., and is pre-approved by the employee’s Supervisor, the City Manager or designee. Employees should consider training needs during annual performance evaluations, particularly if the training requires extensive time away from work, is of significant cost, and/or requires out-of-state travel. The City Manager or designee may evaluate such training courses to ensure maximum value of the course. Additionally, the training may be delayed until future fiscal years to include the expense within the budget. B. Participation in Community Organizations The City of Belgrade views personal development through service involvement as beneficial to the employee as well as positive exposure for the City of Belgrade. Employees should consult with their Supervisor, the City Manager or designee before volunteering for such organization if work time may be required to attend activities, fundraisers, meetings, etc. Employees who have received pre-authorization from their Supervisor, the City Manager or designee may attend such functions as an excused, paid absence without using vacation leave. The employee’s Supervisor, the City Manager or designee will monitor the work time required to attend such functions to ensure the time is reasonable and the activity is projecting a positive image for the City of Belgrade. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 20 C. Participation in Professional Organizations The City of Belgrade views personal development through professional organizations as essential to keep abreast of changing laws, rules, and legal opinions as well as maintaining a network of professional colleagues which are beneficial for research, feedback and productive information. Professional contacts are also beneficial for the growth and image of the City of Belgrade. Employees are encouraged to pursue job-related professional organization affiliations that represent a positive effect in the community, organization or community. Employees should consult with the City Manager or designee before joining such organization if work time may be required to attend activities, training, meetings, etc. Employees who have received pre- authorization from their Supervisor, the City Manager or designee, may attend such functions as an excused, paid absence without using vacation leave. The employee’s Supervisor, the City Manager or designee will monitor the work time required to attend such functions to ensure the time is reasonable and the activity is projecting a positive image for the City of Belgrade. D. Licensing Fees The City of Belgrade recognizes that it may be beneficial for employees to maintain professional certifications or licenses. If the City of Belgrade has requested that an employee obtain a professional license or certification, the City of Belgrade will pay the cost to obtain the license or certification and/or annual renewal fees. All employees are encouraged to provide feedback regarding their professional certifications/licenses with their Supervisor and/or City Manager or designee, particularly during the annual performance evaluations, so that the cost of maintaining a current license or the costs for a licensure that the employee would like to obtain can be included within the budget process. 22. SEPARATION FROM EMPLOYMENT A. Reasons for Separation Below are examples of some of the most common circumstances under which employment is terminated: • Resignation: Voluntary employment termination initiated by an employee, including retirement; • Discharge: Involuntary employment termination initiated by the City of Belgrade; • Layoff: Involuntary employment termination initiated by the City of Belgrade for non- disciplinary reasons. An employee voluntarily leaving the City of Belgrade is expected to give the City reasonable notice of at least two weeks unless extenuating circumstances do not allow for this notice. This notice should be given to the City Manager, with a copy to the Department Head, in writing. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 21 Every departing employee should receive a copy of the City of Belgrade’s Grievance Procedure within seven calendar days of departure. B. Retirements Employees who intend to retire from their service with the City of Belgrade are requested to give a written notice of their intent to retire with a minimum of two weeks’ notice. A thirty (30) day written notice is highly preferred. Employees who are planning to retire from the City should also contact their retirement system in a timely manner to confirm they have adequate service credits, to allow proper paperwork can be completed, and benefits can begin without unnecessary delay. C. Re-employment of Former Employees Any former employee who resigns from the City of Belgrade in good standing is eligible for re-employment. For purposes of this Section, an “employee in good standing” is defined as one whose performance, conduct and attendance were acceptable in the position she or he most recently held within the City of Belgrade. D. Layoff/Reduction in Force The City Manager or designee has the authority to determine if the City of Belgrade’s workload, funding or other business decisions are such that terminations via layoff or reductions-in-force (RIF) are required. Whenever possible, employees will be provided at least two weeks advance written notice before a Layoff/ RIF. No regular employee will be terminated if temporary or seasonal workers are employed in the same work classification. Eligible employees who are subject to Layoff/RIF will be offered Continuation of Health Insurance Benefits. (See Section 17) Employees on Layoff/RIF must keep the Human Resources Contact at the City of Belgrade informed of the address and telephone number where they can be contacted in the event of a recall. If the City of Belgrade is unable to contact an employee within seven days of the recall, the employee will be eliminated from the recall list and the City of Belgrade will have no further obligation to recall that employee. The City of Belgrade will have no obligation to recall the employee if they have been on a continual layoff for a period of one year. E. Voluntary Termination All the unpaid wages and applicable benefits of a terminating employee are due and payable on the next regularly scheduled payday or within 15 calendar days from the separation date, whichever occurs first. F. Involuntary Termination Regular, Non-Probationary employees terminated by the City of Belgrade will be provided with a letter summarizing the reasons for their termination and the effective date of the termination. The terminated employee’s final paycheck will be issued according to current Wage and Hour regulations. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 22 23. HOLIDAYS A. Schedule The City of Belgrade will observe the same holidays as recognized by the State of Montana. The following holidays are observed: • January 1 - New Year’s Day • Third Monday in January - Martin Luther King Day • Third Monday in February – President’s Day • Last Monday in May - Memorial Day • July 4 - Independence Day • First Monday in September - Labor Day • Second Monday in October - Columbus Day • First Tuesday in November during Congressional/Gubernatorial Election Years - State General Election Day • November 11 – Veterans’ Day • Fourth Thursday in November - Thanksgiving Day • December 25 - Christmas Day The City Council and/or certain departments may establish alternate days for holidays. Holiday pay is considered eight hours worked for each observed holiday. If a holiday falls on a Saturday, the Friday preceding is observed as a holiday. If a holiday falls on a Sunday, the following Monday is observed as the holiday. B. Eligibility Regular, Seasonal and Temporary full-time employees receive eight hours of paid leave for each holiday. Regular, Seasonal and Temporary part-time employees will earn pay for the holiday on a pro-rated basis, based on the part time employee’s regular schedule at the time the holiday occurs. To be eligible for holiday benefits, an employee must be in a paid status the last regularly scheduled working day before the holiday and the first regularly scheduled working day following the holiday. If, however, the observed holiday falls on the employee’s regularly scheduled day off, the employee must be in a paid status on the last regularly scheduled working day immediately before or the first regularly scheduled working day immediately after the holiday. Example: Holiday is a Friday. Employee must be in a paid status (work, sick or vacation leave) on both Thursday AND Monday to earn the holiday pay. If Monday is the employee’s normal day off, then they must be in a paid status on Thursday AND Tuesday. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 23 C. Use of Leave If one or more holidays fall in the period of an employee’s vacation leave, the vacation leave record will be credited for the holiday. If a holiday falls on an employee’s regularly scheduled day off, the employee will be granted another day off within the same pay period, as agreed upon by the employee and their Supervisor or designee. D. Work on a Holiday • Police Officers receive straight time pay for all holiday hours through a semi-annual advance payment. • If a non-exempt employee is required to work on a holiday, the employee will be paid at one and one-half times the regular rate of pay for the hours worked, in addition to their holiday pay, unless an alternative day off is arranged with the employee’s Supervisor. • If a holiday falls on an employee’s regularly scheduled day off, the employee will be granted another day off as agreed upon by the employee and their Supervisor or Department Head, City Manager or designee. • Exempt employees required by management to work on a day a holiday is observed shall be granted another day off, within the same pay period. 24. VACATION LEAVE A. Eligibility for Paid Vacation Leave Each Regular, Temporary and Seasonal employee shall earn paid vacation leave from the first day of employment but will not be eligible to take the accrued leave until the employee successfully completes a six month continuous qualifying period. Seasonal employees shall immediately report back for work when operations resume to avoid a break in service. Regular and temporary employees accrue vacation leave on a prorated basis, based on the number of hours worked during the pay period. B. Amount of Vacation Leave Earned 1. Vacation leave accrues as follows: Years of Service: Eligible employees working 40 hours per week earn: Eligible Employees working less than 40 hours per week earn: Days Per Year Hours Per Year 0 - 10 15 120 .058 hours per hour in pay status 10 – 15 18 144 .069 hours per hour in pay status 15 – 20 21 168 .081 hours per hour in pay status 20 and on 24 192 .092 hours per hour in pay status ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 24 2. Prior Montana Public Employer Service or Military-Related Accelerated Leave Employees who have prior employment with a Montana public employer and those who have military time which interrupt(ed) their Montana government service can earn "accelerated" vacation leave. Employees are responsible for providing the documentation of prior government service or military service. Accelerated leave accruals will begin at the beginning of the next pay period after the Human Resources Contact receives documentation of prior eligible service. Employees may contact the Human Resources Contact to request the form needed to document prior service. Time spent as a Student Intern employee does not apply toward accelerated leave. C. Requesting Leave Requests for vacation leave must be submitted in advance and pre-approved by the employee’s Supervisor or the employee’s Department Head. The vacation leave will be approved after considering the best interest of the City of Belgrade, the employee’s work unit, and the employee’s request. Should two employees request the same period of vacation leave, their Supervisor or Department Head has discretion regarding the approval of the leave requests. D. Maximum Vacation Leave Accruals ▪ Employees may carry up to two times the number of vacation hours they accrue each year. The Human Resources Contact will review each employee each year and will notify employees who have excess leave. Employees must use this excess vacation leave by March 31 of the following year or it will be forfeited. ▪ Supervisors must give employees a reasonable opportunity to use excess vacation leave. An employee may make a reasonable written request to the City Manager or designee before January 31st to use excess vacation leave. E. Vacation Leave Payouts and Position Transfers Employees who terminate their employment with the City of Belgrade will be reimbursed for 100% of their unused vacation leave. To be eligible for this payout, employees must have worked the qualifying period of 6 months continuous employment with no break in service. This reimbursement will be based on the employee’s hourly wage or salary at termination. Unless there is a break in service, employees who transfer among divisions within the City of Belgrade will have their vacation leave balance transfer with them. 25. SICK LEAVE A. Eligibility for Paid Sick Leave Employees accrue sick leave from their start date of employment and may use paid sick leave once they have completed a 90-day qualifying period: ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 25 B. Amount of Sick Leave Earned Eligible full-time employees accrue sick leave at the rate of 8 (eight) hours per month. No eligible full-time employee will earn more than 12 (twelve) days of sick leave per year. Eligible part time employees accrue sick leave at a rate of 0.046125 hours for each hour in a pay status, excluding overtime. Sick leave is credited at the end of each pay period. Employees may not accrue sick leave while in a leave-without-pay status. C. Requesting Sick Leave All requests to use sick leave for purposes of medical appointments for themselves or immediate family members should be made to the Supervisor with as much advance notice as possible. Notification of absence because of illness will be given to the Supervisor via a phone call prior to the start of the employee’s shift. The Supervisor may grant permission for alternative notifications or have additional requirements regarding notification. Supervisors must inform their employees of the individuals designated to receive employee sick leave notifications and the Supervisor will notify appropriate staff of the absence. If an employee’s Supervisor is unavailable for the day, the employee is to notify the Supervisor’s designee or the City Manager or designee. If the employee fails to give such notification, the absence may be charged to leave without pay. Absence in excess of one shift without receipt of proper notification to the employer from the employee may constitute disciplinary action, up to and including immediate discharge of employment, unless the failure to give such notification was due to circumstances beyond the control of the employee. D. Maximum Sick Leave Accruals There is no restriction on the number of sick leave hours employees may accrue. E. Use of Sick Leave The use of sick leave is subject to the following provisions: • Abuse of sick leave may result in disciplinary action up to and including termination; • Sick leave utilized must not exceed the amount accrued by the employee. If the sick leave balance is exhausted, an employee may choose to use their accrued vacation leave or compensatory time or be granted Leave without Pay (with approval from the City Manager). However, the City of Belgrade may not require an employee to use Vacation Leave for purposes of illness unless the employee agrees; • Employees utilizing sick leave may be asked to furnish a certification of illness from a qualified medical provider upon the request of the City Manager; • At the City of Belgrade’s request and expense, an employee may be subject to an examination by a physician following a sick leave or other absence occasioned by illness or injury to ensure the employee can perform the necessary functions of the position. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 26 F. Sick Leave Payouts and Position Transfers • In general, employees terminating employment with the City of Belgrade will be entitled to compensation for the unused sick leave equal to one-fourth (1/4) the accumulated sick leave. The payout will be based upon the employee’s salary at the time of termination. To be eligible, the employee must have worked the qualifying period of 90 days. • Unless there is a break in service, employees who transfer among divisions within the City of Belgrade will have their sick leave balance transfer with them. G. Transfer of Sick Leave/Sick Leave Donation Employees will be permitted to transfer sick leave to another employee. The receiving employee must have completed their qualifying period for sick leave and exhausted all accrued sick leave and vacation leave. The contributing employee must make the transfer request in writing. Police Officers must have a minimum of 500 hours in their sick leave bank following a sick leave donation. All other employees must have a minimum of 300 hours in their banks following a sick leave donation. The transferred sick leave will not change the receiving employee’s employment status. Hours transferred are on an hour-per-hour basis and are not calculated based on the donating employees’ wages. The transferred sick leave is considered forfeited by the contributing employee. Employees shall not be coerced, intimidated or adversely persuaded to transfer their accrued sick leave to the receiving employee. Doing so may result in disciplinary action up to and including termination. 26. MATERNITY LEAVE The City of Belgrade will conform to the Pregnancy Discrimination Act as well as relevant pregnancy leave provisions in federal, state and local statutes. A female employee will not be terminated because of pregnancy. Employees who are disabled because of pregnancy will not be denied any compensation they are entitled to because of the accumulation of leave benefits accrued; however, the City of Belgrade reserves the right to require medical verification that the employee is not able to perform the duties of their position. Employees who do not meet the eligibility requirements for benefits under Family Medical Leave. may take a reasonable leave of absence for pregnancy but will not require an employee to take a mandatory maternity leave for an unreasonable length of time. In the case of a normal pregnancy and delivery, medical providers typically consider a reasonable leave to be 6 (six) to 8 (eight) weeks after delivery. Employees should notify their supervisor or the City Manager or designee of a desire to take maternity leave upon confirmation of pregnancy. As soon as is reasonable, the employee should report the expected due date, the estimated leave of absence and anticipated complications that may affect the current leave request. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 27 Upon signifying their intent to return to work at the end of the leave of absence, the employee will be reinstated to the original job and/or equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other benefits. A combination of sick leave, vacation or personal leave, discretionary leave, donated sick leave, and leave without pay may be used for an employee on maternity leave. All leave must be exhausted prior to requesting sick leave donations or leave without pay status. 27. PARENTAL LEAVE Employees who do not meet the eligibility requirements for benefits under Family Medical Leave, may take a reasonable leave of absence and may use leave immediately following the birth or placement of a child for adoption in the employees’ home for a period not to exceed 15 (fifteen) working days or 120 (one hundred twenty) hours. Employees eligible for parental leave may use accumulated sick leave, vacation leave, earned compensatory time, or leave without pay. Requests for parental leave must be approved in advance by the Department Head and the City Manager or designee. 28. LEAVE WITHOUT PAY A. General Use Leave Without Pay (LWOP) may be granted for good cause as determined by the City Manager or designee if the reason for approval does not violate any laws, regulations or policies set forth in this manual. The City Manager has sole discretion in the approval or denial of requests for LWOP. B. Eligibility Employees may be granted LWOP for a specified time generally not to exceed one hundred eighty (180) calendar days during their employment period. Applicable leave balances must be exhausted first. C. Notice Whenever possible, the employee should request LWOP in writing at least 30 (thirty) calendar days in advance of the need for leave so workloads/tasks can be covered. To request LWOP, employees must provide the City Manager or designee the beginning and ending dates of the leave and the reason for the requested leave. D. Provisions of Leave without Pay In general, Leave Without Pay (LWOP) is subject to the following provisions: • An employee on LWOP time is not allowed to pursue other employment; • Employees under disciplinary action such as disciplinary probation or suspension are not entitled to LWOP; ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 28 • Employees can be subject to disciplinary action, up to and including immediate termination of employment, if they provide a false or misleading reason for requesting LWOP; • If an employee is on LWOP for an entire pay period, medical, retirement, workers' compensation and unemployment insurance benefits will not be paid by the City of Belgrade, unless the employee is under Family Medical Leave; • If an employee on LWOP works within a pay period, benefits will be prorated accordingly; • Vacation and sick leave credits cease to accrue, and employees do not receive Holiday Pay, during a period of Leave Without Pay; • LWOP absences exceeding 15 (fifteen) working days are not included in the qualifying period for sick or vacation accruals; • An employee under the Probationary Period who is on LWOP for a period exceeding 15 (fifteen) working days, will have their Probationary Period extended by the time spent on LWOP; • An employee who fails to return to work on his or her next regularly scheduled work day after an approved LWOP shall be considered to have voluntarily resigned unless the leave period is extended, in advance, by the City Manager or designee. 29. ADMINISTRATIVE LEAVE WITH PAY A City of Belgrade employee may be required by the City to be placed on paid administrative leave at any time, with or without notice, at the sole discretion of the City Manager. Circumstances under which such a leave may occur include, but are not limited to, the following: • To make inquiries into or investigate a work-related matter; • To remove the employee from the workplace pending a due process hearing or other disciplinary decision; • To protect the employee; • To protect the public; • To protect other City of Belgrade employees or property in the workplace; • To further any other work-related or business-related purpose. The City Manager may grant or require Administrative Leave with Pay be for an indefinite period. An employee placed on paid administrative leave must remain available during normal business hours for call-back work or must have approval from the City Manager to be unavailable to report. In this case, the employee may be required to use accrued leave. The use of administrative leave during an investigation shall be limited to the amount of time needed to make inquiries or investigate the matter, or to protect the employee, the public, other employees or property. Administrative leave with pay is not considered as disciplinary action, nor is it a sign that the employee has been found to be guilty of offenses warranting discipline. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 29 30. JURY/WITNESS LEAVE Any employee who is under proper summons as a juror or is subpoenaed to serve as a witness shall collect all fees and allowances payable because of the service and forward the fees to payroll. An employee may elect to use vacation leave to serve on a jury or testify as a witness. In this case, the employee will not be required to remit the juror or witness fees to the employer. An employee is not required to remit to the employer any expense or mileage allowance paid by the court. An employee who is under their probationary period and who is absent for jury/witness leave for a period exceeding fifteen (15) working days may have their probationary period extended by the same amount of time. An employee who received notice of jury duty or witness service must notify their Supervisor immediately in order that arrangements may be made to cover the workload. The City of Belgrade reserves the right to request that an employee who is called for jury duty be excused if their absence would create a hardship on the operational effectiveness of the department to which the employee is assigned. Benefits continue to accrue while an employee is on jury duty leave or witness service. Once released from jury or witness duty, the employee is expected to contact his or her Supervisor to receive report to work instructions. 31. PUBLIC OFFICE LEAVE Employees elected or appointed to a public office shall be granted an unpaid leave of absence, not to exceed 180 (one hundred eighty) days per year, to perform the public service. Employees must return to work within 10 (ten) days following the completion of the service unless they are unable to return due to an illness that has been certified by a medical doctor. The City of Belgrade will comply with all relevant restrictions and guidelines provided within the Hatch Act, (5 U.S.C. 7321 through 7326, as amended). Employees will be restored to their positions, with the same seniority, status, compensation, hours, locality, and benefits as existed prior to their leave of absence for public service. 32. MILITARY LEAVE A full time City of Belgrade employee who is a member of the National Guard or who is a member of the organized or unorganized reserve corps or military forces of the United States and who has been an employee for a period of at least 6 (six) months will be given a leave of absence with pay, accruing at the rate of 120 (one hundred twenty) hours in a calendar year, for performing military service. • Part time employees are eligible for paid military leave on a pro-rated basis after they have been an employee for a period of at least 6 (six) months. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 30 • Military service includes both federally funded military duty and state military duty as defined by federal and state law. • Employees must submit a copy of their military orders with their timesheet to be entitled to paid military leave. • Unused military leave is carried over to the next calendar year, with the maximum military leave available limited to two times the military leave an employee accrues during a calendar year. • Military leave may not be charged against the employee's vacation time. • Other military leave will be provided in accordance with state and federal law. 33. BEREAVEMENT LEAVE In case of a death in the immediate family, an employee will be allowed to use up to forty (40) hours of sick leave for bereavement purposes. For purposes of this policy, “immediate family” refers to a spouse, a parent, sibling, child, grandparent, grandchild, corresponding in- law, or those in a step relationship of the same nature. Consideration for a leave longer than forty (40) hours and/or requests to extend bereavement leave by using additional sick leave, vacation leave or leave without pay and/or requests for bereavement leave for a person not listed above will be evaluated on a case-by-case basis at the sole discretion of the City Manager or designee. 34. FAMILY AND MEDICAL LEAVE A. Introduction The Family and Medical Leave Act (FMLA) entitles eligible employees to take unpaid, job- protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled Family and Medical Leave (FML) for: • Twelve (12) work weeks or 480 hours of leave in a 12-month period for: o the birth of a child and to care for the newborn child within one year of birth; o the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; o to care for the employee’s spouse, child, or parent who has a serious health condition; o a serious health condition that makes the employee unable to perform the essential functions of his or her job; or o any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on covered active duty. OR • Twenty-six (26) work weeks or 1040 hours of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 31 B. Eligibility for Family and Medical Leave For an employee to be eligible for FML the employer must employ fifty (50) or more employees within 75 (seventy-five) miles of the worksite. To be eligible for a leave under the City of Belgrade’s family and medical leave policy, an employee must: • Have been employed by the City of Belgrade for at least twelve (12) months at the time the leave is requested, these twelve (12) months need not have been consecutive; and • Have completed at least 1,250 hours of service with the City of Belgrade during the twelve-month period preceding the leave request. Family and Medical Leave will run concurrently with parental leave, paid and unpaid maternity leave, or worker's compensation related leave if the injury is one that meets the criteria for a serious health condition. C. Requesting Family and Medical Leave Whenever possible, employees should provide at least a 30 (thirty) day notification of intent to use Family or Medical Leave. Employees will be required to use their accrued annual leave or sick leave in concurrence with their use of unpaid Family and Medical Leave. The remaining portion of the leave will be unpaid leave. Employees should speak with the Human Resources Contact as soon as the need for FML becomes apparent. The Human Resources Contact will provide the employee with the necessary forms and will work with payroll and the Supervisor before and during the employee’s absence to make sure the employee is receiving proper pay and benefits. An employee who fails to return to work on his or her first regularly scheduled work day after the pre-approved leave without pay period will be considered to have voluntarily resigned unless the leave period is extended, in advance, by the City Manager. Providing false or misleading information or reasons to justify a FML absence may result in discipline, up to and including termination. At the City Manager’s discretion, health care premiums may be recovered from employees who do not return to work following a period of leave under the Family and Medical Leave Act. 35. BREASTFEEDING IN THE WORKPLACE The City of Belgrade recognizes the importance and benefits of breastfeeding for mothers and their infants and seeks to promote a family-friendly environment in which to work. The City of Belgrade supports and encourages the practice of breastfeeding, accommodates breastfeeding needs of employees, and provides adequate facilities for breastfeeding or to express milk for the employee's child, as provided below. • A woman may breastfeed her child in any place open to the public or any place the mother is otherwise authorized to be, and this cannot be considered a nuisance, ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 32 indecent exposure, sexual conduct, or obscenity; • The City of Belgrade is responsible for identifying space suitable for such use, including providing privacy, lighting, and electricity needs. Private space does not need to be fully enclosed or permanent but must be readily available during the time the employee needs the space. Toilet stalls and utility closets are not suitable spaces for such purpose. The City of Belgrade will provide a convenient facility for milk storage; • It is an unlawful discriminatory practice to refuse to hire, employ, or to discharge or discriminate against an employee who expresses milk in the workplace. Any employee who wishes to breastfeed or express milk in the workplace must make a request to their Department Head, City Manager or designee. 36. EMPLOYEE FILES A. Supervisors’ Documentation Files City of Belgrade Supervisors may maintain files used to document performance and conduct, oral warnings, counseling, and other disciplinary issues; however, these are not considered permanent official files for the employee. B. Personnel Files The Human Resource Contact maintains the official personnel file for each City of Belgrade employee. As appropriate for the employee, this file will contain the following information: • Job description; • Information surrounding the initial hire, promotions, and transfers; • Documentation of Licenses or Certifications; • Documentation of Outside Employment; • Training Records; • Performance Evaluations, Performance Improvement Plans; • Documentation of Disciplinary Action; • Letter of Resignation or Termination; • Personnel Action Forms; • Other materials generally considered a normal part of an employee's personnel record. Employees will be advised of adverse information to be placed in the employee’s official personnel file. Supervisors are responsible for forwarding to the Human Resource Contact all documents to be included in an employee’s official personnel files. Most personnel file documents become a part of the employee’s record. Disciplinary materials are retained as described in Section 18. Information contained in a personnel file is confidential and access to an employee’s personnel file is limited to those individuals who have a legitimate need to know. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 33 Included in this category will be the employee, his or her Supervisor, the City Manager, and others who have a legal right to access. An employee's position, title, dates and duration of employment and salary is public information and may be released when requested in writing. Employees who wish to review their official personnel file may do so by making an appointment with the Human Resources Contact or designee. Employees may also receive copies of any contents of their personnel files. 37. DISCIPLINE AND DUE PROCESS A. Applicability Upon suspected violation of federal, state or local laws, City of Belgrade rules and/or regulations, employee conduct/behavior/performance standards, or City of Belgrade policies and procedures, the employee may be subjected to disciplinary action. B. Reasons for Disciplinary Action The following are some examples of offenses that could lead to disciplinary action, up to and including termination of employment. The list is not intended to be exhaustive or in order of severity but is merely intended to illustrate some possible offenses that may warrant disciplinary action by the City of Belgrade; an employee can be disciplined for action not cited on the list. • Violations of the Code of Conduct; • Excessive or repeated absenteeism or tardiness; • Job abandonment; • Failing to maintain required certifications; • Failing to attend and complete required training; • Poor job performance; • Conduct or language that is abusive, threatening, obscene or likely to incite violence or retaliation; • Failure to follow safety procedures and protocols; • Filing false complaints; • Using, consuming, possessing or distributing alcohol or controlled substances during work time or while operating a City of Belgrade vehicle or equipment, or any other vehicle for City-related business; • Insubordination or refusing to comply with a directive or assignment (unless the directive or assignment endangers the health and safety of the employee or others); • Abuse of sick leave; • Incompetence or lack of attention to duties or wastefulness in the performance of job duties; • Theft, destruction, loss or abuse of City of Belgrade property, tools and equipment; • False statements and falsification of documents or data; • Unauthorized use, change, or destruction of City of Belgrade records, reports or other data or information belonging to the City of Belgrade; ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 34 • Violating job-related federal, state and/or local laws; • Harassment or discrimination; • Operating a City of Belgrade vehicle or any other vehicle for City-related business without a valid driver’s license; • Violation of any City of Belgrade rule, regulation, policy, procedure or directive; • Behavior or actions that bring discredit to the City of Belgrade; • Other conduct on the job not in keeping with acceptable standards of behavior generally associated with employment. C. Progressive Discipline The City of Belgrade endorses the use of progressive discipline when addressing employee performance and conduct issues. Progressive discipline involves applying disciplinary actions which may progress from less serious to more serious depending upon the severity of the offense, an employee’s overall work history and the repeated nature or pattern of misconduct or unsatisfactory performance. Progressive discipline may range from corrective counseling to termination of employment. The application of progressive discipline will vary, and steps may be skipped or repeated at the discretion of management. No formal disciplinary action will be undertaken without prior review by the Human Resources Contact or City Manager or designee. Appropriate discipline, as determined by the City of Belgrade, will be rendered in the following forms: 1. Informal Discipline Informal disciplinary actions are utilized as measures to address the conduct and performance issues as soon as possible to allow the employee to correct the issues. Oral warnings and corrective counseling are the primary methods of informal discipline. Informal disciplinary actions cannot be grieved. 2. Formal Discipline Formal discipline includes but is not limited to: • Written Warning; • Performance Improvement Plan; • Suspension Without Pay; • Demotion – Loss of Duty; • Termination - In addition to being part of the progressive discipline process, termination may be the first step in response to the more serious types of offenses such as, but not limited to, the following: • Endangering or threatening the health and safety of others; • Using alcohol or illegal drugs on City of Belgrade property or while operating equipment; or during working hours or reporting to work under the influence; • Unauthorized absence from work, or failure to report for work; • Brandishing any firearm or weapon in or on the employer’s premises; ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 35 • Serious or pervasive sexual harassment or acts of discrimination; • Theft; • Failure to maintain valid licenses and certificates when required to perform job duties. D Employee Rights An employee who has been subject to formal discipline and who believes the formal discipline is too severe or was issued without good cause, may follow the grievance procedure outlined in Section 38. In accordance with the Montana Code Annotated, Police Officers have the right to request a Police Commission review of disciplinary actions. A. Due Process Employees who have completed their new hire probationary period will be provided notice and an opportunity to be heard prior to the imposition of a demotion, suspension without pay, reduction of pay within a grade, or termination. Unless waived by the employee, a due process hearing before the City Manager will be held to provide the employee the opportunity to be heard and present relevant information. The employee may have representation to provide advice or assistance. The hearing may include other City representatives, such as the Human Resources Contact, Supervisors and attorneys. The City Manager will make a reasonable effort to set the hearing for a time that is convenient to the employee. B. Retention of Disciplinary Documents Notices of formal disciplinary actions are permanently maintained in the employee’s official personnel file. 38. GRIEVANCES A. Applicability For purposes of this policy, a grievance is defined as an allegation by an employee that: • A term and/or condition of employment is unjust or inappropriate; • A City of Belgrade regulation, policy, or procedure has been either wrongfully applied or applied in a manner that violates the regulation, policy, or procedure; and/or • A formal disciplinary action is inappropriate. In accordance with Montana Code Annotated, Police Officers have the right to request Police Commission review of grievance actions. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 36 B. Informal Resolution Most employee concerns can be resolved by informally discussing the problem with the Supervisor. Before filing a formal grievance, employees must present their work-related concerns to their Supervisor for informal resolution. This discussion shall occur within five business days of the date the incident occurred. At the time of this discussion, the employee must inform their Supervisor to consider the discussion an attempt at informal resolution under the Grievance Procedure. Employees are protected from discrimination, coercion, restraint, or reprisal in initiating either an informal or formal action. The Human Resources Contact may attend this meeting. The Supervisor has ten (10) business days to respond, in writing, to an attempt of informal resolution. C. Rules of Grievance Processing The employee/grievant carries the burden of moving the grievance forward within the time period specified for that step, unless the time period has been extended by mutual agreement, in writing, of the parties. Failure of the grievant to comply with the established time limits shall result in dismissal of the grievance. If a step in the following procedure is deemed inappropriate (for example, the Supervisor is the person alleged to have violated the policy or a second level of supervision does not exist), that step may be bypassed by submitting the grievance to the next step. Each party to a grievance is responsible for making good faith efforts to resolve grievances at their lowest level possible. D. Procedure for Employees Not Directly Supervised by the City Manager If the employee is dissatisfied with the results of the informal resolution, s/he may file a formal grievance. The formal grievance procedure follows: Step 1 The grievance must be filed with the Department Head within five business days from the date the employee receives their Supervisor’s response to the attempt at informal resolution. A formal grievance must be in writing and must include: • The action being grieved; • A description of the incident giving rise to the grievance from the employee’s perspective (including people involved, dates, times and relevant facts); • The policy(ies) the employee believes have been violated; • Why the employee believes the grievance is justified; • The remedy sought (define the action(s) the employee believes should be taken if the grievance is upheld); and • The Supervisor’s informal resolution written response. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 37 The Department Head will investigate the grievance and will respond, in writing, within ten (10) business days of notification of the grievance. Step 2 If the employee is not satisfied with the Step 1 response, the employee may, within five working days of receipt of the Step 1 response, submit the grievance to the City Manager. The grievance must be in writing and must include: • The action being grieved; • A description of the incident giving rise to the grievance from the employee’s perspective (including people involved, dates, times and relevant facts); • The policy(ies) the employee believes have been violated; • Why the employee believes the grievance is justified; • The remedy sought (define the action(s) the employee believes should be taken if the grievance is upheld); and • The Step 1 written response. The City Manager or designee, within fifteen (15) working days of receipt of the grievance, will submit a written decision to the employee and the employee’s Department Head. The City Manager’s decision is final and concludes the internal appeal process. E. Procedure for Employees Directly Supervised by the City Manager If the employee is dissatisfied with the results of the informal resolution, s/he may file a formal grievance. The formal grievance procedure follows: Step 1 Step 1 Grievance must be filed with the City Manager within five business days from the date the employee receives the City Manager’s response to the attempt at informal resolution. A formal grievance must be in writing and must include: • The action being grieved; • A description of the incident giving rise to the grievance from the employee’s perspective (including people involved, dates, times and relevant facts); • The policy(ies) the employee believes has been violated; • Why the employee believes the grievance is justified; and • The remedy sought (define the action(s) the employee believes should be taken if the grievance is upheld). The City Manager or designee will investigate the grievance and will respond, in writing, within ten (10) business days of notification of the grievance. Step 2 If the employee is not satisfied with the City Manager’s Step 1 response, the employee may, within five business days of receipt of the Step 1 response, submit the ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 38 grievance to the City Attorney. The grievance must be in writing and must include: • The action being grieved; • A description of the incident giving rise to the grievance from the employee’s perspective (including people involved, dates, times and relevant facts); • The policy(ies) the employee believes has been violated; • Why the employee believes the grievance is justified; • The remedy sought (define the action(s) the employee believes should be taken if the grievance is upheld); and • The Step 1 written response. The City Attorney will designate a neutral third party to investigate the grievance and will ensure that the investigation is completed in a timely manner. The investigator will be responsible for conducting a timely investigation and preparing a written report containing the findings of fact and recommendation(s) for a resolution to the grievance, if applicable. The City Attorney will accept all or part of the investigator’s report and/or recommendations or reject the recommendation(s) and formulate their own resolution to the disputed issue within twenty (20) business days of receipt of the investigator’s report. The City Attorney will submit a written decision to the employee and City Manager. The City Attorney’s or designee’s decision is final and concludes the internal appeal process. F. Management Decisions The facts of the individual grievances or cases will not be binding or set precedent in future grievances unless they are included in or added to the City of Belgrade policy and procedures. 39. ELECTRONIC AND INFORMATION TECHNOLOGY USE A. Telephone Use 1. General Use While at work, employees are expected to exercise the same discretion in using personal cell phones as they use with company phones. Excessive personal calls/texts during the workday, regardless of the phone used, can interfere with employee productivity and be distracting to others. Employees should restrict personal calls during work time and use phones only during scheduled breaks or lunch periods. Employees should be courteous of co-workers and others in the work area when placing/taking personal phone calls at work. Cell phones shall be turned off or set to silent or vibrate mode during meetings, conferences and in other locations where incoming calls may disrupt normal workflow. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 39 2. Company Issued Cell Phone Use The City of Belgrade may issue individual cellular phones to certain employees. Employees who are issued or use a City of Belgrade cell phone must understand the phones are issued for business use only. Employees are expected to make every effort to not exceed the current contracted allowed minutes and/or data usage. Cell phone bills are reviewed regularly. Any excess data use may be subject to additional review and could lead to disciplinary action up to and including termination of employment. if the overage is determined to be non-work related. B. Computer Use Use of the City of Belgrade’s electronic communications equipment, systems and/or tools is a privilege. Electronic communications equipment should be used for activities that fall within the course and scope of the employee’s job duties. While occasional personal use of the City of Belgrade’s computers is allowed, personal computer use that is deemed excessive or inappropriate by the City of Belgrade or computer use that is illegal is prohibited and may result in disciplinary action up to and including termination of employment. Employees should be cautious in the use of programs that use significant bandwidth as this may impact the business operations. C. Email While occasional personal use of the City of Belgrade’s email system is allowed, excessive time spent sending or receiving personal emails is prohibited and may result in disciplinary action up to and including termination of employment. Employees are responsible for the content and dissemination of their messages. This responsibility includes ensuring that their messages are accurate, courteous and that they do not violate another’s right to privacy or confidentiality. Employees need to be aware that all emails sent and received on the City of Belgrade’s email system are subject to search to determine the existence of publicly accessible information. If an employee has a question pertaining to the content of an email, they should consult with their Supervisor. D. Security The City of Belgrade owns the contents of all files stored on its systems, all messages transmitted over its systems, and reserves the right to access them. E-mails may be accessed and monitored in the normal course of business by system administrators, Supervisors and support staff. The City of Belgrade expressly reserves the right to monitor use of the Internet by employees. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 40 City of Belgrade employees are prohibited from sharing their work-related passwords with unauthorized individuals. 40. USE OF CITY VEHICLES A. Use of City of Belgrade Vehicles Employees may be able to use a City of Belgrade vehicle when traveling. Authorized passengers include other City employees and those persons being transported as a part of a work-related function. Unsafe vehicle conditions or conditions in need of repair must be immediately reported to a Supervisor or Department Head, City Manager or designee immediately. If a city vehicle is available and the employee elects to use their personal vehicle for travel purposes, the employee will be reimbursed mileage at half (1/2) the reimbursable amount according to IRS rules. If a City of Belgrade vehicle is not available, the employee may rent a vehicle through a local rental agency or use their own vehicle with full mileage reimbursement per IRS rules. When employees use their personal vehicles for City of Belgrade business, they are required to provide proof of liability insurance coverage. B. Assigned Vehicles The City of Belgrade may designate positions that require the use of City of Belgrade vehicles on a take-home basis. City of Belgrade vehicles are to be used for business- related purposes and, if possible, are to be available and shared among employees when needed for business-related travel. C. Requirements for Use of Vehicles Employees operating a City of Belgrade vehicle must have a valid Montana Drivers’ License, must observe and obey traffic regulations, and must exhibit extreme care in the use of the vehicle. Employees are prohibited from smoking or allowing pets/animals in City of Belgrade vehicles. Employees and other authorized passengers are always required to wear seat belts. Vehicles shall be parked in an authorized, or unrestricted, space. When the vehicle is left unattended, the employee must secure the vehicle by rolling up all windows and locking all the doors. Upon return from their trips, employees are expected to fully gas the vehicle and remove all garbage and wash the vehicle, as required. Cars rented by the City of Belgrade are considered City vehicles. D. Use of Cell Phones while Driving The City of Belgrade advocates safe and responsible driving habits. This includes limiting distractions while operating a motor vehicle. The use of cell phones and other hand-held electronic devices is forbidden while operating a motor vehicle and should only be utilized as set forth herein. For purposes of this policy, "hand-held electronic devices" includes but is not limited to, wireless phones, computers, using/accessing email, pagers, and any other communication devices. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 41 1. Applicability and Exceptions This policy applies to City of Belgrade employees except for the City’s Police Officers and other employees who need to call 911 for situations such as a fire, traffic accident, road hazard or medical emergency. In such cases, the communication should be as short as reasonably necessary to communicate the nature of the emergency, location, etc. 2. Prohibitions To further foster a safe driving environment and to protect the welfare not only of our employees, but other persons whose safety could be jeopardized by distracted driving, City of Belgrade employees are prohibited from: • Using text messaging, email or any similar form of electronic communication while operating a motor vehicle or motorized equipment on city business; • Using a cell phone while operating a motor vehicle or motorized equipment on city business unless such use is through a hands-free device. E. Vehicle Accidents 1. When an employee is involved in a motor vehicle accident with a City of Belgrade vehicle, the employee must notify their Supervisor or Department Head, City Manager or designee immediately. Law enforcement must be contacted to complete an investigation of the accident. Employees must cooperate with, and are permitted to discuss the incident with, Emergency Services Personnel, the Supervisor or Department Head, City Manager or designee, insurance adjusters and law enforcement. 2. In addition to completing accident reports required by law, upon returning to the City of Belgrade office, an account of the accident must be provided in writing to the Supervisor or Department Head, City Manager or designee. The employee should detail, in writing, the accident and situation leading up to the accident. The employee may also be required to assist with completing the necessary forms for insurance claims. The Supervisor, Department Head, City Manager or designee shall conduct an investigation of the facts of the accident to determine if disciplinary measures are warranted. If it is determined that the employee was driving or operating machinery under the influence of alcohol or illegal drugs, they will be subject to disciplinary action up to and including termination of employment. 41. SALES CALLS AND FUNDRAISING EFFORTS Sales calls from professional sales people are allowed to take place only at the discretion of the City Manager or designee, as long as it is done in a consistent and fair manner. Employees requesting charitable contributions or selling products may visit with fellow employees before or after work, during lunch hour or breaks. Employees may also choose to circulate a catalog among co-workers to preview at their convenience. Employees should not be made to feel obligated to participate. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 42 42. WORK-RELATED TRAVEL A. Approval of Travel Employees shall have their work-related travel pre-approved by the Department Head or City Manager or designee. City of Belgrade vehicles are provided for employee use when traveling for city business. B. Compensation/Expenses for Travel Purposes Employees traveling on City of Belgrade business may be compensated for travel expenses, meals, mileage and/or incidental expenses at a rate established by the City of Belgrade. Receipts must be included for reimbursable expenses, with the exception of meals. If meals are included in tuition, registration fees, or hotel charges, or if only a fraction of the day is authorized for travel, the per diem or expense allowance shall be adjusted accordingly. Contact payroll for current lodging, per diem and mileage rates. Misrepresentation of expenses or receipts is unlawful and may result in disciplinary action up to, and including, termination of employment. C. Travel Advance Requests Employees may request a travel expense advance as approved by the Supervisor or Department Head when traveling for City of Belgrade business. The advance must be justified with reasonable requests for meals, lodging, gasoline cost, public transportation, etc. Pre-approved registration fees and lodging expenses should be paid directly to the training agency or hotel in advance whenever possible. The employee must provide an itemized expense report with attached receipts documenting the expenditures of the trip. If the travel advance exceeds the receipts documenting expenditures, the employee must reimburse the City of Belgrade the difference. Any legitimate balance owed to the employee for receipts exceeding the travel advance will be reimbursed by the City of Belgrade. 43. BENEFITS PROGRAM Employee benefits are provided to employees based on the availability of funds. The City of Belgrade's benefit package may be changed at any time by the City Council. All employees affected by any change, whether it increases or decreases the benefits, will receive a notice of the change. A broad description of core employee benefits follows. Contact the Human Resources Contact for more information. A. Medical, Dental, Vision and Prescription Benefits The City of Belgrade makes medical, dental, vision, and prescription insurance benefits available for its employees, retirees and dependents as provided for in the most recent version of the Montana Municipal Interlocal Authority’s (MMIA) Plan Document/Summary Plan Description for the City of Belgrade. Employees must work a minimum of 25 ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 43 (twenty-five) hours per week to be eligible for City benefits. The benefits will take effect on the first of the month following 30 (thirty) days of employment. New employees must sign up within 30 (thirty) days from their hire date, wait for a qualifying event or during open enrollment. In addition to the list of dependents identified in the MMIA Plan Document who meet the “Required Eligibility Conditions”, an eligible employee or retiree may enroll a Domestic Partner, regardless of gender, if that Domestic Partner is named in an Affidavit of Domestic Partnership that meets the criteria established in the Affidavit and is approved by the Human Resources Contact. Enrollment and coverage information is available through the Human Resources Contact and is provided to all eligible employees at orientation. Employees terminating their employment, and those who are undergoing a layoff or reduction in hours, or entering a Leave Without Pay status, should contact the Human Resources Contact to learn about extending their health, dental, vision and prescription insurance coverage. Employees are required to notify the Human Resources Contact, in writing, of any changes in dependent status, such as separation or dissolution of a marriage, events which indicate an employee’s domestic partnership is no longer valid, or birth or adoption of a dependent, within fifteen (15) working days of the date the change occurs. B. Continuation of Health Benefits Under the Consolidated Omnibus Reconciliation Act (COBRA), qualified beneficiaries may elect to continue their health insurance coverage, at their own cost, for a period ranging from eighteen (18) to seventy-two (72) months. A qualified beneficiary is: • Any individual who, on the day before a qualifying event, is covered under the group health plan either as a covered employee, the spouse of a covered employee, or the dependent child of a covered employee; or • Any child born to or placed for adoption with a covered employee during a period of COBRA continuation. The qualified beneficiary or a representative of the qualified beneficiary must notify the plan administrator of the qualifying events listed below within sixty (60) days after the latest of: • The qualifying event; • The loss of coverage; or, • The date that the qualified beneficiary receives a General Notice concerning COBRA coverage. Qualifying events include: • Divorce; • Voluntary resignation or retirement; • Legal separation; or • A child’s loss of dependent status under the plan. Refer to the MMIA Summary Plan description for further information. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 44 C. Social Security The City of Belgrade complies with all federal laws regarding the withholding of social security taxes. D. Flexible Benefits Plan The City of Belgrade offers employees a Flexible Benefits Plan for qualified expenses. Under this plan, eligible employees may elect to have a fixed amount of money deducted from their pay, on a pretax basis, and may then use this pretax money to cover the costs of qualified insurance premiums, out of pocket medical expenses, and dependent care expenses. A description of this plan is provided to eligible employees at orientation. Additional information is available through the Human Resources Contact. E. Health Savings Account The City of Belgrade offers the option to participate in a health savings account for those employees who choose coverage under the City’s high deductible health plan. F. Workers Compensation The City of Belgrade provides coverage under applicable state laws regulating Workers' Compensation. G. Retirement Employee retirement plans include the Montana Public Employee Retirement System, and the Municipal Police Officer's Retirement System, which are administered according to state law. The Human Resources Contact will provide information about retirement plans, and any supplemental retirement program options available, at orientation. H. Unemployment Insurance The City of Belgrade provides unemployment compensation coverage to its employees according to Montana law. I. Employee Assistance Program An Employee Assistance Program (EAP) is a voluntary, work-based program that offers free and confidential assessments, financial and legal advice, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related issues. For more information on the City of Belgrade’s Employee Assistance Program contact the Human Resources Contact. J. Voluntary Withholdings The City of Belgrade offers optional payroll deductions for those employees who wish contributions to go directly to savings accounts, a 457-retirement plan, savings bond purchases, etc. Contact payroll for a list of voluntary payroll deductions. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 45 Appendix A: Definitions Absence –the failure to report to work and to remain at work as scheduled. It includes late arrivals and early departures as well as absence for the entire day. Annual Leave – See Vacation Leave. Bereavement – a period of mourning after a loss, especially after the death of a loved one. Break in Service - A period of time in excess of five working days when the person is not employed and that severs continuous employment. Compensatory Time - A non-exempt employee is an employee who is entitled to receive overtime pay or compensatory time after the employee has worked 40 (forty) hours in a work week. Compensatory time is paid time off and is earned at the rate of one and one-half times the number of hours worked in excess of 40 (forty) hours in a work week. Conflict of Interest – Conflicts of interest for municipal employees arise when a government employee’s personal or financial interest conflicts or appears to conflict with their official responsibility. Discipline – Correction, punishment or penalty. Discrimination - Conduct that is based upon an individual’s race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran’s status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability or genetic information, that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment with the City of Belgrade. Exempt Employee - Exempt employees are those who, according to the Fair Labor Standards Act (FLSA), are not covered under the provisions pertaining to minimum wage or overtime pay. The FLSA provides for certain exemptions for employees employed in a bona fide executive, administrative or professional capacity. To be an exempt employee, certain tests relating to duties, responsibilities and salary must be met (see the Human Resources Contact for details). Full-Time Employee - An employee who normally works 40 hours a week. Grievance – An injury, injustice or wrong which gives rise to a complaint because it is perceived as unjust, discriminatory, or oppressive. Human Resources Contact – The party which the City Manager has designated to undertake human resource activities. Immediate Family--The employee’s spouse or any parent, child, sibling, grandparent, or grandchild, and corresponding step or in-law relationships. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 46 Independent Contractor - Independent Contractors are not considered employees of the City of Belgrade. Rather, Independent Contractors are those who work on a contract for services basis and must complete work assignments or responsibilities and receive payment (compensation) as identified in the contract, providing their own tools/equipment/materials to complete the work. No employee benefits or supervision are provided to an Independent Contractor. Leave Without Pay— Any approved time off that is not charged to vacation or sick leave or compensatory time. Nepotism – the practice among those with power or influence of favoring relatives or friends, especially by giving them jobs. Non-Exempt Employee - An employee who is entitled to receive overtime pay or compensatory time in lieu of overtime pay after the employee has worked 40 (forty) hours in a work week. Part-Time Employee - An employee who normally works less than 40 hours a week. Probationary Period - is a working test period used to closely observe a new employee’s work and decide whether the employee possesses the skills and abilities needed to perform the job. It is also used as a time to make sure the employee demonstrates appropriate conduct and work behaviors. During the probationary period, employment may be terminated at the will of either the City of Belgrade or the employee on notice to the other for any reason or for no reason. Qualifying Period – A period of time employees must serve, without a break in service, to be eligible to receive paid leave benefits. Once there is a break in service, the employee must serve another qualifying period. • The qualifying period for paid sick leave is ninety (90) days; • The qualifying period for vacation leave is six months; • Employees are eligible for Medical/health benefits if they work a pre-determined minimum hours per week. Coverage usually takes effect on the first of the month following 30 (thirty) days of employment. Eligible employees must sign up within 30 (thirty) days from hire date or wait until open enrollment held in May of each year (for effect on July Regular Employee – An employee hired into a position designated as one that provides continuous employment. Remote Employee - An employee who performs the majority of their work in a location different from where City of Belgrade general operations occur. They may or may not be covered under the provisions of the FLSA, depending on the status of their employment, and have specific conditions of employment outlined in their respective employment agreements. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 47 Seasonal Employee – An employee designated as seasonal at time of hire, who performs duties interrupted by the seasons, and who may be recalled without the loss of rights or benefits accrued during the preceding season. Seasonal employees shall immediately report back for work when operations resume to avoid a break in service. Sick Leave – a leave of absence with pay for: A sickness suffered by an employee or a member of the employee's immediate family; or The time that an employee is unable to perform job duties because of: a physical or mental illness, injury, or disability; (ii) maternity or pregnancy-related disability or treatment, including prenatal care, birth, or medical care for the employee or the employee's child; (iii) quarantine resulting from exposure to a contagious disease; (iv) examination or treatment by a licensed health care provider; short-term attendance to care for a relative or household member not covered by paragraph above until other care can reasonably be obtained; (vi) necessary care for a spouse, child, or parent with a serious health condition, as defined in the Family and Medical Leave Act of 1993; or (vii) death or funeral attendance of an immediate family member or, at a City’s discretion, another person. Temporary Employee - An employee who is hired on a temporary basis for a definite period of time not to exceed 12 (twelve) months and who will be terminated at the end of the employment period. This employee may perform temporary duties or regular duties on a temporary basis; however, the employee is not eligible to become a regular employee without completing a competitive selection process. Vacation Leave – A leave of absence with pay for the purpose of rest, relaxation, or personal business at the request of the employee and with the concurrence of the employer. Workplace Violence –Any act or threat of physical violence, harassment, intimidation, or other threatening, disruptive behavior that occurs at the work site. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 48 Appendix B: Rules of Conduct Public Trust/Public Duty The holding of public office is a public trust. City of Belgrade employees are expected to perform their duties satisfactorily for the benefit of the public and refrain from engaging in misconduct. The professional behavior of City of Belgrade employees on and off the job must be compatible with the best interests of the City of Belgrade. The Montana Constitution prohibits conflict between a public employee’s private interest and their public duty. The Standards of Conduct are found in Title 2, Chapter 2, Montana Code Annotated (MCA). Because the legislature may amend these rules, it is important to review them from time to time. Rules of Conduct for City Employees Expectations for the City of Belgrade employees can be grouped into six major categories: Gifts, Fiduciary, Self-dealing, Unwarranted Privileges, Use of Public Property for Private Purposes, and Anti-Retaliation. A summary of MCA provisions for each of these categories is provided below. Refer to MCA Title 2, Chapter 2 for more information. Gifts City of Belgrade employees may not accept a substantial gift or economic benefit. Substantial gifts are generally valued at more than $50. The MCA defines “economic benefit” to include a loan with interest below market rate and/or compensation for the employee’s private services substantially above the market rate. The definition of gift in 2-2-102, MCA excludes the following: • a gift that is not used and is either returned to the donor within 30 (thirty) days or donated to a charitable organization; • food and/or beverage consumed while participating in a City-related charitable, civic or community event or that the employee is attending in an official capacity; • educational materials directly related to City of Belgrade job duties; • an award presented publicly in recognition of public service; or • educational activity that does not place or appear to place the employee under any obligation and is not lavish or extravagant. Acceptance of a gift or economic benefit intended as a bribe, regardless of value, could result in criminal penalties. Employees who need additional guidance on the acceptance of gifts or economic benefits should contact the City Manager prior to accepting gifts. Violation of this standard is proof that the employee has breached their public duty. Disclosure is not a defense. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 49 Self-Dealing City of Belgrade employees may not: • disclose or use confidential information acquired in the course of their work for their personal economic interests; • be purchasers at any sale or the vendor at any purchase made by them in their official capacity; • perform an official act which directly and substantially harms a business when the employee has a substantial personal interest in a competing business; • assist a person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the City of Belgrade; • assist a person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency; or • perform an official act which directly and substantially provides an economic benefit to a business in which the employee has a substantial financial interest or for which the employee is engaged as a counsel, consultant, representative or agent. This does not prohibit the City Manager from performing an official act if: • the participation is necessary to the administration of a statute; and • the City Manager discloses the conflict to the Commissioner of Political Practices and for the record in the proceeding. • acquire an interest in any business or undertaking the employee has reason to believe may be directly and substantially affected to its economic benefit by actions taken by the City of Belgrade; • engage in a substantial financial transaction for the employee’s private business purposes with a person whom the employee inspects or supervises in the course of their official duties. Each of the acts listed above is a breach of public duty. Disclosure is not a defense, except as noted. Fiduciary City of Belgrade employees charged with the disbursement of public moneys must not pay any warrant or other evidence of indebtedness against the City of Belgrade when the same has been purchased, sold, received, or transferred contrary to any of the provisions of MCA Title 2, Chapter 2. Unwarranted Privileges City of Belgrade employees may not: • engage in any activity, including lobbying, on behalf of any organization to which the employee belongs while performing their duties; • participate in a proceeding before the City of Belgrade that is within the scope of the employee’s duties, or attempt to influence a local, state, or federal proceeding in which the employee represents the City of Belgrade, when an organization of which the employee is an officer or director is involved; ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 50 • obtain employment six months following voluntary termination, taking advantage unavailable to others of matters with which the employee was directly involved. Such matters include rules which the employee helped formulate and applications, claims or contested cases in which the employee was actively involved; or • contract or be employed within six months of termination by someone who contracts with the City of Belgrade involving matters with which the employee was directly involved during their employment with the City of Belgrade. a. This does not apply to former employees who were involuntarily terminated because of a reduction in force or other involuntary termination not involving violation of the provisions of MCA Title 2, Chapter 2. b. This does not apply to contracts awarded to the low bidder based on a competitive process, to merchandise sold to the highest bidder at public auction, to investments or deposits in financial institutions that are in the business of loaning or receiving money; or to a contract with an interested party if, because of geographic restrictions, the City of Belgrade could not otherwise reasonably afford itself of the subject of the contract. • Receive salaries from two separate public employment positions that overlap for the hours being compensated, unless: a. The employee reimburses the City of Belgrade for the salary paid for performing the function from which the employee was absent; or b. The employee’s salary from one employer is reduced by the amount of salary received from the other public employer to avoid duplicate compensation for the overlapping hours. This policy does not prohibit a City of Belgrade employee from receiving income from the use of accrued leave during the period of overlapping employment. However, any City of Belgrade employee receiving salaries from two separate public employment positions that overlap for the hours being compensated, shall disclose the amounts received from the two separate public employment positions to the Commissioner of Political Practices. Use of Public Property for Private Business Personal Purposes City of Belgrade employees may not use public time, facilities, equipment, supplies, personnel, or funds for private business purposes. This includes soliciting support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless authorized by law or properly incidental to another activity required or authorized by law. Please refer to 2-2-121(3), MCA. This rule is not intended to restrict a City of Belgrade employee’s right to express their personal political views or comments to the Belgrade City Council as a private citizen. However, the employee may not use City of Belgrade resources to do so. Anti-Retaliation It is unlawful for a City of Belgrade employee to retaliate against, or to condone or threaten retaliation against, an individual who, in good faith, alleges waste, fraud, or abuse. In this case, "retaliate" means to take any of the following actions against an individual because the individual, in good faith, alleged waste, fraud, or abuse: ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 51 • terminate employment; • demote; • deny overtime, benefits, or promotion; • discipline; • decline to hire or rehire; • threaten or intimidate; • reassign to a position that hurts future career prospects; • reduce pay, work hours, or benefits; or • take another adverse personnel action. Employees who retaliate against an individual who, in good faith, alleges waste, fraud, or abuse are subject to civil actions and may be subject to disciplinary action, up to and including termination of employment. Disclosure Requirements The law requires City of Belgrade employees to make the following disclosures in the described circumstances: • Employees may not solicit or accept employment or engage in negotiations or meetings to consider employment with a person they regulate in their official duties, without first giving written notice to their Supervisor and the City Manager. • A City of Belgrade employee who is a member of a quasi-judicial board or commission or a board, commission or committee with rulemaking authority and who has a conflict created by a personal or private interest that gives rise to the appearance of impropriety must disclose to his superior or other appropriate authority, the existence of such person or private interest creating the conflict prior to participating in the official action. • A City of Belgrade employee shall, prior to acting in a manner that may impinge their public duty, including the award of a permit, contract or license, disclose the nature of the private interest creating the conflict. This disclosure must be in writing to the Commissioner of Political Practices and must list the amount of private interest, if any, the purpose and duration of the services rendered, if any, and the compensation received for the services or other information that is necessary to describe the interest. If the employee then performs the official act involved, the employee shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Enforcement of the Rules of Conduct The City of Belgrade employees who become aware of violations of this policy shall report their observations to the City Manager. The City Manager reviews the violations and may appoint an external 3-member panel to review the allegation in compliance with MCA 2-2-144(5) or will refer the allegation to the County Attorney. See MCA 2-2-144. ---PAGE BREAK--- City of Belgrade Personnel Policy Manual Adopted November 19, 2018 52 ACKNOWLEDGEMENT OF RECEIPT City of Belgrade Personnel Policy Manual Adopted: November 19, 2018 It is expressly understood that this policy manual for the City of Belgrade does not constitute a guarantee of employment or promise of any kind. The City of Belgrade, in its sole discretion, may direct, hire, promote, transfer, assign and retain employees; supervise, discipline, and relieve employees from their duties; determine and change hours of work, shifts, and methods of operation; establish, change or abolish its policies, practices, rules and regulations. It is understood that the policy manual is issued to inform employees regarding the operating policies of the City of Belgrade and is to be used as a guide to City of Belgrade employees in the performance of their duties. The policy manual may be changed from time to time at the sole discretion of the City of Belgrade. All such changes will be communicated through official notices and I understand that revised information may supersede, modify or eliminate existing policies. Violations of the policies set forth in this manual may result in disciplinary action up to and including termination. By signing this statement, you acknowledge that you have received the City of Belgrade Personnel Policy manual and that you understand it is your responsibility to read and comply with the policies contained in this handbook. Signed Date Print Name Position Dept: Effective Date of Employment Attest: Supervisor