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Page 1 of 47 ADMINISTRATIVE ORDER NO. 91 Administrative Order #88 repealed previous Administrative Orders concerning various personnel-related matters. Administrative Order #88 also created Human Resource Policies concerning various GENERAL issues. Administrative Order #89 created Human Resources Policies concerning COMPENSATION AND BENEFITS issues. Administrative Order #90 created Human Resources Policies concerning EMPLOYMENT issues. This Administrative Order creates the following Human Resources Policies concerning TERMS OF EMPLOYMENT issues: Absence Control Policy Annual Performance Reviews Corrective Action Policy Form) Demotions Drug and Alcohol Testing for Cause – Reasonable Suspicion Testing Probationary Period Promotions and Transfers Recruitment and Selection Policy Resignation A copy of each of the policies and related forms is attached and hereby made a part thereof. Dated this 28th day of December, 2004. -ss-. KRISTOFF T. BAUER CITY ADMINISTRATOR ---PAGE BREAK--- Page 2 of 47 Absence Control This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose This policy establishes guidelines to be used for monitoring and addressing employees’ absenteeism from work. Policy Regular attendance at work for all employees is a crucial component in the delivery of quality public services, whether one works directly with the public or not. While the expectation is that employees work all of the shifts that they are scheduled, perfect attendance is not always possible. The absence control plan is designed to deal with those inevitabilities. This policy deals with excessive “unscheduled absences” (such as repeatedly calling in sick), tardiness, and failures to report to work. A progressive corrective action process is outlined for supervisors to monitor and address attendance problems. Some attendance problems are of other problems, which may be eliminated or reduced by referral to the Employee Assistance Program, Human Resources or other services available to employees. Supervisors are responsible for accurate and timely documentation and communication to employees. The plan focuses on absences from work and not on the reasons for them, with some exceptions covered below. Supervisors should share the plan with employees and ensure that they understand the expectations for attendance at work. Supervisors should communicate with employees when expectations are not being met, including suggestions for improvement and consequences if ---PAGE BREAK--- Page 3 of 47 improvement does not occur. (The supervisor should keep notes of this informal counseling and discussions.) When formal corrective action occurs, supervisors must use a Corrective Action form to document the action. A copy is sent to the employee’s file in Human Resources. Exemptions from Absence Control The following are not included as occurrences: • Absences due to workers' compensation injuries or illness • Absences qualifying under the Family and Medical Leave Act (FMLA) unless FMLA balance has been exhausted • Approved funeral leave • Vacation time or other prescheduled and approved time off • Military leave of absence • Jury duty • Court subpoena • Approved personal leaves of absence • Approved scheduled Medical/Dental Appointments Procedure Supervisors will record unscheduled absences by some means convenient for the supervisor. Supervisors will routinely review their records of their employees' unscheduled absences in order to determine if corrective action is to be implemented. The following definition of an occurrence applies: A single occurrence is defined as either one specific day, part of a day, or a combination of successive days of absence. Absences resulting because of a medical condition will be addressed on a case by case basis. For example, reoccurrences of the flu or common cold are counted as separate occurrences. ---PAGE BREAK--- Page 4 of 47 Absence patterns Those exhibiting patterns of absence would more likely receive corrective action than if there were no patterns. Patterns also may be indicative of some other underlying problem, possibly warranting discussion or referral. An example of an absence pattern would be routine absences on Fridays, Mondays, or days after holidays. "Playing the System" “Playing the system” to be regularly absent the maximum number of times allowed without receiving corrective action will increase the likelihood of corrective action in borderline cases. Effect on work While all absenteeism affects work somewhat, the supervisor may lean toward corrective action in borderline cases where there is more significant impact on work performance. If, after evaluating the above, the supervisor determines that an occurrence has occurred, the following actions shall be taken: 1st Occurrence Employee Discussion 2nd Occurrence Employee Discussion 3rd Occurrence Employee Discussion 4th Occurrence Employee Discussion 5th Occurrence Employee Discussion 6th Occurrence Oral Warning 7th Occurrence Written Warning 8th Occurrence One Day Suspension 9th Occurrence Termination Occurrences are counted within a twelve (12) month time period, July 1 to June 30. Tardiness Tardiness normally begins immediately after the scheduled start of the shift, unless otherwise defined by the work unit. Tardiness for work, especially when chronic, can create many problems for the work unit including difficulty accomplishing the normal work functions, as well as creating potential morale problems. Therefore, tardiness requires special attention under this policy. ---PAGE BREAK--- Page 5 of 47 Supervisors have the ability to deal with tardiness of less than one hour separately. The standard is three incidences of tardiness (of less than one hour) per quarter triggering progressive corrective action for the first offense. This separate tardiness corrective action needs to be monitored manually if there is a problem, and the incidences need to be less than one hour to count as one of the three incidences triggering corrective action. Supervisors need not wait for the quarter to end to issue corrective action for tardiness. Tardiness corrective action may occur any time an employee is tardy at least three times of less than one hour, in the same quarter. Also, an employee could receive two steps of tardiness corrective action in the same quarter if tardy six times in the same quarter. Failure to Report to Work Without Notification It is imperative for the proper functioning of operations that employees give as much advance notice as possible when they will be unable to work all or part of a scheduled shift. Failure to report to work without notification, unless such failure can be reasonably explained, will result in a written warning for the first offense, a suspension for the second offense, and termination for the third offense within one year. Failure to report to work without notification for three consecutive shifts will result in immediate termination. Misrepresentation Abuse of sick leave benefits by such misrepresentations as calling in “sick” without being ill, will be addressed through the Corrective Action policy, over and above the Absence Control guidelines. ---PAGE BREAK--- Page 6 of 47 Annual Performance Reviews This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that performance reviews are important. Policy Employees are to be evaluated annually on the anniversary date of placement in their current position. Based on the results of this annual review, for non- union employees, the department determines the amount of the merit increase that will be awarded to the employee, up to The increase will be applied to the current base wage unless the employee is at the maximum of the pay range of that position. If an employee is at the maximum step, then the employee will be ineligible for merit pay increases and will only receive cost-of-living adjustments. Performance evaluations can also be done at other times during the year and used as a tool to improve or correct performance. Procedure Each employee must be evaluated on an annual basis on the anniversary date of placement in the employee’s current position, when the employee has a job change, and/or prior to a supervisor change. ---PAGE BREAK--- Page 7 of 47 Corrective Action This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose This policy establishes a set of guidelines for the corrective action process to be followed when an employee has performance, attendance or behavior problems that interfere with work, customer service or operations of the City of Billings. Policy Corrective action should be used to correct inappropriate behavior or performance issues. Supervisors are responsible for accurate and timely documentation of inappropriate behaviors or performance. Corrective action should be used consistently. Supervisors should identify and inform employees of: • What is expected behavior and the performance standards of their job • When they are not meeting these expectations • What must be done to correct the deficiencies identified and an improvement plan with a timeline for its accomplishment • Consequences if improvement does not occur The corrective action process is meant to assist employees in recognizing the seriousness of their behavior or performance deficiency and to encourage their commitment to improve. In many situations, informal counseling may be utilized to resolve issues prior to the formal corrective action process. Informal counseling is used by management to remind employees of City and/or Department policies and practices. Supervisors can utilize informal counseling to explain the performance expectations of the job to the employee who is not meeting the performance standards or job requirements. Notes of an informal counseling session should be retained by the supervisor and may be referenced at a later time. Supervisors may choose to have the employee acknowledge the informal counseling session in writing by initialing the notes. ---PAGE BREAK--- Page 8 of 47 Supervisors must complete a Corrective Action Form after each formal step of the process. Employees will be asked to sign this form indicating that they have had an opportunity to review it. If an employee elects not to sign, then this should be noted on the form. Employees should be given a copy at the time of the discussion. The original Corrective Action Form is sent to Human Resources for review and is then placed in the employee's personnel file (located in Human Resources). The employee may petition that discipline be removed from his/her file. This petition is submitted to the employee’s immediate supervisor who then forwards the request through management channels to Human Resources. Human Resources will: review the request, review the individual’s personnel file, and make a recommendation to the City Administrator. The decision of the City Administrator is final and binding. In some cases, an immediate suspension, with pay, pending an investigation is appropriate. There may be situations where an employee may be terminated without progressing through the steps outlined in this policy. Some steps can be repeated or omitted if the facts of the situation warrant it. Human Resources should be contacted throughout the corrective action process as a resource and to ensure consistency throughout the City. Suspensions in excess of one shift (8-hours, 10-hours, or 12-hours) must be approved by the City Administrator (see Procedure). In all cases involving suspension of any time or discharge, the situation and relevant information shall be reviewed by the Human Resources Office prior to issuance. Suspensions with pay may be used when an investigation is conducted and there is a need to remove the employee from the work place during the conduct of the investigation. Procedure There are different levels of discipline that may be imposed for violations including informal counseling, oral warning, written warning, suspension, demotion, and termination. The level of discipline imposed is dependent on the seriousness of the offense or similar past offenses. Supervisors are encouraged to coordinate with Human Resources prior to conducting informal counseling or an oral warning. For written warning, suspension, demotion, and termination, supervisors are required to coordinate with Human Resources. For suspensions of more than one shift, City Administrator approval is required. ---PAGE BREAK--- Page 9 of 47 Grievance Procedure A grievance is a dispute or a difference of interpretation of City and/or Departmental policies between an employee and the City. These disputes may involve economic issues or disciplinary actions that affect the employee’s wages, fringe benefits or working conditions. All parties to the grievance should make every attempt to resolve problems at the lowest possible level. Step 1: Within ten (10) working days of the incident's occurrence or the employee's first reasonable knowledge of it, the employee shall discuss the grievance with his or her immediate supervisor. If the supervisor cannot correct the problem: Step 2: Within the next five working days, the employee must submit the grievance in writing to his or her division head. The division head must reply, in writing, within ten (10) working days. If the grievance is still unresolved: Step 3: Within the next five working days, the employee must submit the grievance in writing to the department head along with the response from the division head. The department head may meet with the employee to discuss the grievance prior to acting on the grievance. The department head will, in any case, provide a written response to the employee within ten (10) working days of receipt of the grievance. If the grievance is still unresolved: Step 4: Within the next five working days, the employee must forward the written grievance, all written responses, and a request for further review to Human Resources. Human Resources will then make a recommendation to the City Administrator. The employee must include their reasons for not accepting the resolution offered by the department head. After the City Administrator reviews the grievance and all of the supporting information, a written response will be submitted to the employee. The City Administrator's reply will be final and binding. Time limits may be extended by written mutual agreement of the parties at that step. Reasonable requests for time extensions shall not be denied. Working days are defined as Monday through Friday, not including holidays, in regards to this section. ---PAGE BREAK--- Page 10 of 47 Pre-Suspension and Pre-Discharge (Due-Process) Procedure and Disciplinary Action An employee of the City who is facing suspension or possible discharge due to the seriousness of an infraction is afforded the opportunity to present information pertinent to his/her situation before disciplinary measures are taken. In addition, the employee will be informed in writing of the charges against him/her, of the possible disciplinary action that may be taken, and of the time, date and place at which the employee will be given an opportunity to respond to the charges. Following the meeting, the City will determine the appropriate disciplinary action to be taken and will inform the employee, in writing, of that decision. See the detailed procedure near the end of this policy. ---PAGE BREAK--- Page 11 of 47 Due Process Hearing Hearing Procedures For All City of Billings Employees General: This document outlines the procedural guidelines for the conduct of due process hearings. All departments within the City of Billings for both union and non- union employees will follow these procedures. Purpose: The purpose of this hearing is to provide non-probationary employees a meaningful opportunity to be heard at a meaningful time, in all cases, where a suspension or termination may result. Procedure: City: A Due Process Letter will be drafted by Human Resources, in coordination with the supervisor and his/her department. The letter will include a detailed description of the charges against the employee, the possible disciplinary action that may be taken, and of the time, date and place at which the employee will be given an opportunity to respond to the charges. The employee’s immediate supervisor (the individual who does the employee’s performance evaluation, approves his/her leave requests, initiates and delivers discipline, etc.) will schedule the due process hearing. The hearing will be scheduled at least seven business days from the date of the due process letter. A representative from Human Resources will chair the hearing for the purpose of managing the proceedings. The employee’s immediate supervisor, division head or department head will summarize the evidence of misconduct, ask the employee questions, and record the employee’s explanations. Human Resources may request that someone from the Legal Department be present. This would most likely happen when the employee has indicated that he/she will have legal counsel present at the hearing. The immediate supervisor may also request that an “expert” be present. An example might be an auditor from Finance when the issue concerns the handling of City funds. These individuals will only provide guidance to the Chair and the immediate supervisor concerning issues raised during the hearing. ---PAGE BREAK--- Page 12 of 47 The Chair will tape record the hearing and will provide a copy of the tape to the employee if requested. Court reporters are not permitted to be present or to transcribe the hearing. Employee: The employee may: participate in the hearing process; may elect not to participate; or may elect to provide a written response to the allegations set out in the due process letter. If the employee desires to participate in the process then he/she may either personally present their response to the allegations – or – the employee may elect to have legal counsel (non-union employee) or a union representative present at the hearing to present a response. No witness will be allowed to testify, however, written witness statements, signed and dated by the witness, which support the employee, may be provided to the immediate supervisor for consideration. If the employee elects not to participate in the hearing but does desire to provide a written response to the allegations, then he/she must hand deliver the written response to Human Resources no later than 5:00 PM on the last business day before the hearing is to be held. ---PAGE BREAK--- Page 13 of 47 Corrective Action Form Name of Employee Job Classification Date of Discussion Department Work Unit ISSUE (Employment or HR Policy Violated): POINTS TO COVER (List prior disciplinary actions, date, and violation): ---PAGE BREAK--- Page 14 of 47 EXPECTED IMPROVEMENT/SUGGESTIONS FOR IMPROVEMENT/TIME FRAME: CONSEQUENCES IF IMPROVEMENT DOES NOT OCCUR: Continued violations of this type will result in further discipline up to and including termination of your employment. EMPLOYEE COMMENTS: ACTION BEING TAKEN: Oral Warning/Reprimand *Written Warning/Reprimand **Suspension for working days, from through Return at scheduled starting time on **Transfer/Demotion ***Discharge *Requires coordination/consultation with Human Resources. **Requires the approval of the Department Head and coordination/consultation with Human Resources. If more than 8 hours or one shift suspension, then approval of City Administrator is required. ***Requires the approval of the Department Head and City Administrator and coordination/consultation with Human Resources. ---PAGE BREAK--- Page 15 of 47 Additional Person(s) Present During Discussion Date Employee Signature Date (This is to certify that I have been given a copy. My signature does not imply agreement.) Supervisor Signature Date Department Head Signature Date Human Resources Signature Date Original: Human Resources Copy: Employee Supervisor Union (if applicable) March 2004 ---PAGE BREAK--- Page 16 of 47 Demotions This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that demotions are based on demonstrated abilities, experience, skills, personal capabilities, performance evaluations, and the needs of the City. Policy When an employee is voluntarily demoted, the new salary of the employee will be the rate closest to their present salary, but no higher than the maximum of the new salary range. When an employee is involuntarily demoted the Department Head, Human Resources Manager and the City Administrator will determine the rate of pay. However, the rate of pay will not be higher than the maximum of the new salary range. The employee’s evaluation date will change to the date the new position becomes effective. Procedure The employee’s chain of command evaluates his/her performance and works with Human Resources if they recommend a demotion. ---PAGE BREAK--- Page 17 of 47 Drug and Alcohol Testing: For Cause/Reasonable Suspicion Testing This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings has a strong commitment to its employees to provide a safe work place and to establish high standards of employee health and safety. Consistent with the spirit and intent of this commitment, the City has established this policy regarding drug and alcohol abuse. Quite simply, our goal will continue to be one of establishing and maintaining a work environment that is free from the effects of alcohol and drug abuse. Policy This policy shall cover all part-time, full-time, regular, seasonal and on-call employees of the City of Billings. This policy is a qualified testing program as defined under 39-2-207 MCA The City strictly prohibits the use, sale, transfer, manufacture, or possession of alcohol, drugs or controlled substances during City time or on City property, premise or work site (including City vehicles). Violators will be subject to disciplinary action up to and including termination of employment for a first offense. The City prohibits employees from reporting for or being at work while under the influence of alcohol, drugs or controlled substances. Violators will be subject to disciplinary action up to and including termination of employment. Employees who must use a prescription drug that causes adverse side effects (e.g. drowsiness, impaired reflexes or reaction time) or may affect ability to perform work in a safe and productive manner must notify his or her supervisor prior to starting work, or operating City equipment. All tests will be conducted by a laboratory certified by the U.S. Department of Health and Human Services. Collection of samples, chain of custody, testing and confirmation tests will be by approved standard methods. ---PAGE BREAK--- Page 18 of 47 DEFINITIONS Aberrant: A deviation from what is right, true, normal, etc. Adulterate: To change or tamper with a specimen. Alcohol: Beer, wine, and all forms of distilled liquor containing ethyl alcohol. References to use or possession of alcohol include use or possession of any beverage, mixture or preparation containing ethyl alcohol. Breath Alcohol Testing: The determination of Blood Alcohol Concentration by measuring the amount of alcohol in exhaled breath. Chain of Custody Requirement: The collection, transportation and confirmation testing of any urine samples will be performed in accordance with 49 CFR, part 40. Confirmed Positive: A laboratory report that a substance has been identified in a urine specimen by both Immunoassay and gas chromatography/mass spectrometer testing methods. For alcohol, a confirmed positive breath alcohol test consists of a positive result on a screening test and a positive result on a confirmation test. Controlled Substances: Chemicals that may be legally sold only on the order of a professional who holds a special license. Dilute: A specimen that contains so much water that the concentration of solutes or analytes in the specimen falls below a certain limit. Drug: Any substance (other than alcohol) that has known mind or function - altering affects on a human subject, specifically including substances and including, but not limited to, substances prohibited or controlled by State and Federal controlled substance laws. Follow-up Unannounced Testing: The subsequent testing for alcohol and other drugs without prior notice when a previous test has been verified a confirmed positive, confirmed positive for alcohol and/or on return-to-work following alcohol or drug related treatment. Forensic Urine Drug Testing Proficiency Program: The procedures used by the National Institute of Drug Abuse (NIDA) to ensure that approved laboratories meet the standards established by the Department of Health and Human Services for the testing of urine specimens for drugs of abuse. Illegal Substances: Drugs which by law may not be sold or traded for human use other than closely supervised and specially approved medical procedures. ---PAGE BREAK--- Page 19 of 47 Medical Review Officer (MRO): A licensed physician trained in the field of substance abuse. Possess: To have on one’s person or in one’s personal effects or under one’s control. Reasonable Suspicion/For Cause: Documented specific, contemporaneous, articulable observations concerning the appearance, conduct, behavior, and speech or body odors, which are consistent with the effects of substance abuse. Treatment: A program, either in-patient or out-patient for alcohol and/or drugs that is recommended by qualified Substance Abuse/Chemical Dependency Treatment Professionals. Under the Influence/Impaired: When an employee is affected by a drug or alcohol or the combination of a drug and alcohol. The of influence and/or impairment are not confirmed to those consistent with misbehavior, nor to obvious impairment of physical or mental ability such as slurred speech or difficulty in maintaining balance. A determination of use, influence, and/or impairment can be established by a professional opinion, urine, blood or any other commonly used scientific valid tests, and in some cases by a lay person’s opinion. An employee will be presumed to be impaired and in violation of this policy whenever the presence of drugs is detected at levels determined by the testing laboratory as constituting a positive indication for drugs. An employee will be presumed to be impaired by alcohol whenever the presence of alcohol is detected. An alcohol test of 0.04 will justify removal of the employee from a driver sensitive position. Procedure JOB APPLICANTS A selected applicant being considered for a City position is required to submit to a drug test prior to the applicant’s appointment or hire. A negative drug test result and remaining drug-free are conditions of employment. Two dilute samples resulting in inconclusive test results will be considered a positive test. Any applicant having a positive test result will not be hired unless they have a satisfactory explanation. The applicant who is deemed ineligible for employment will be ineligible to apply to the City for a position and may not be tested for one-year. Any applicant refusing to be tested will be considered a positive and will no longer be considered for employment by the City for one year. Applicants' specimens which have yielded a positive initial test result (verified by reassay) will be confirmed by gas chromatography/mass spectrometry ---PAGE BREAK--- Page 20 of 47 (GC/MS) tests. The applicant will be notified by the Medical Review Officer (MRO) of the positive result from GC/MS confirmatory test and the applicant may have the sample retested or obtain a confirmatory test by an independent laboratory selected by the applicant. The applicant must request a retest or independent test within 48 hours of the notification by the Medical Review Officer (MRO) of the positive result. The attached CONSENT FORM FOR COLLECTION AND TESTING OF URINE SAMPLE will be completed by all applicants selected for hire. The Drug specimen collection and drug testing of urine shall be conducted at medical facilities and laboratories selected by the City. The City hereby adopts the written testing procedures of the collection and testing laboratories. The collection and testing laboratories shall make their written procedures available to any person subject to testing. The laboratories shall provide chain-of-custody documentation for each specimen tested. The laboratories shall comply with all federal regulations and guidelines, including but not limited to 49 C.F.R., part 40 and 40 C.F.R., part 653. EMPLOYEES Any employee who has a verified confirmed positive drug and/or alcohol test will be subject to the following disciplinary action: A first offense will require the employee to do the following: • Meet with a Substance Abuse Counselor through the City’s Employee Assistance Program, prior to returning to work. • Follow all recommendations made by the Substance Abuse Counselor to remain employed by the City of Billings. Sick leave and the Family and Medical Leave Act will govern pay and time off. • Submit to a drug/alcohol test and have a negative result prior to returning to work. Any positive results must demonstrate a reduction in the chemical of choice. If the MRO determines the employee has continued to use alcohol or drugs, this would constitute as a second verified confirmed positive. • Submit to unannounced follow-up testing for a 12-month period. A second offense of a verified confirmed positive drug and/or alcohol test would result in the termination of employment from the City of Billings. ---PAGE BREAK--- Page 21 of 47 The above consequences will not have time limits of when it will be removed from an employee’s file. Employees refusing or unreasonably delaying submission of a specimen or who adulterate or substitute a specimen, will be considered as if they have a verified confirmed positive specimen and will be declared unfit for duty. An initial dilute specimen will require a second, immediate, new specimen. If the second specimen is negative, the overall result will be negative. If the second specimen is positive, the overall result is a verified confirmed positive. If the employee refuses the second test, as stated above, then the overall result will be considered a verified confirmed positive and the employee will be declared unfit for duty. An employee who provides a verified confirmed positive drug or alcohol test on two separate occasions shall be subject to discharge on the second occurrence. Employees who provide a verified confirmed positive drug or alcohol test for the first time will be required to follow the Substance Abuse Professional’s recommendation for treatment. If treatment recommendation is not followed, then the employee will be subject to discharge. Any employee who provides a verified confirmed positive drug or alcohol test during the 12-month follow-up unannounced testing period will be considered to have provided their second verified confirmed positive drug or alcohol test and will be subject to discharge. Any employee who feels that he or she has an addiction or dependence to drugs or alcohol is encouraged to seek assistance through the City’s Employee Assistance Program (phone: 237-3585) free of charge or through their own personal physician. Requests for information concerning such assistance will be confidential. An employee seeking assistance for drug or alcohol dependency may be covered under the City’s health care plan. Please review your Plan Document or call EBMS (phone: 245-3575) to determine coverage issues. If an employee is tested and the employee disputes the result or believes that he or she has a reasonable explanation for the failed test, then the employee will be given the opportunity to provide the medical review officer any medical information that is relevant to interpreting the test results, including information concerning currently or recently used prescription or non- prescription drugs. Employees may also request a second test, also known as a split sample, of the same initial test to be performed by a qualified lab. If ---PAGE BREAK--- Page 22 of 47 the second test is negative, then the results of the test shall be deemed to have been negative. All information, interviews, reports, statements, memoranda, and test results shall be confidential and shall not be disclosed to anyone except: (39-2-207 MCA) • The tested employee • The City’s designated policy coordinator • In connection with any legal or administrative claim arising out of the implementation of sanctions, or in response to inquiries relating to a workplace accident involving death, personal injury, or property damage in excess of $1,500 when there is reason to believe that the employee may have caused or contributed to the accident. In addition, information obtained in the testing process that is unrelated to the use of dangerous drugs or alcohol may not be released by the medical review officer (MRO) to the City. All employees will be subject to a urine test for drugs and/or a breath test for alcohol when there are reasons to believe that prohibited substance abuse is a potential factor in affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented specific, contemporaneous, articulable observations concerning the appearance, behavior, and speech or body odors, which are consistent with the effects of substance abuse. Reasonable suspicion determinations will be made when there is concurrence from a supervisor (two supervisors are preferred but not required) who are trained to detect the signs and of drug and alcohol use, and who reasonably conclude that an employee may be adversely affected or impaired in his/her work performance due to prohibited use or abuse of prohibited substances. All costs associated with testing will be paid for by the employer. Employer will conduct regular education and provide information to employees on the health and workplace safety risks associated with the use of controlled substances and alcohol. Drugs to be tested in a urinalysis are: amphetamines, cocaine, marijuana, opiates and (PCP). ---PAGE BREAK--- Page 23 of 47 If a supervisor suspects an employee is violating this policy, then that supervisor should: 1. Document any observations and signs that substance abuse may be present. Complete the Reasonable Suspicion Incident Record (attached). If possible, obtain concurrence from another trained supervisor or Human Resources. 2. Contact Human Resources to arrange for testing. If not available, then call St. Vincent Healthcare Center directly at 237-4114. 3. Complete the Alcohol and/or Controlled Substance Test Notification (attached). 4. Isolate and inform the employee. Provide the employee with a copy of the Test Notification. If the employee refuses to take a drug or alcohol test, inform him or her that refusal is considered a confirmed positive test and that it will result in termination of employment. 5. Transport the employee to and from the test site. If test results are pending/unknown or if any test is positive, drive the employee home or allow the employee to make arrangements to be picked up. Do not let the employee drive him/herself. If the employee is belligerent and insists on driving himself or herself home, then contact the Police Department through 911. 6. Immediately submit copies of the Incident Record and Test Notification to Human Resources. 7. Release the employee from work until test results are available (alcohol tests are available immediately; drug tests are available within 24 hours). 8. The Medical Review Officer will make contact with the employee directly if necessary, prior to any determination of a verified confirmed positive drug test result. 9. Any employee who tests positive for the presence of prohibited substances will be evaluated by a City of Billings selected Substance Abuse Professional (SAP). The SAP will evaluate the employee to determine what assistance, if any, the employee ---PAGE BREAK--- Page 24 of 47 needs in resolving problems associated with use or abuse of prohibited substances. 10. If all results are negative, the City will pay the employee for all work time missed while waiting for the results (no sick or vacation time will be deducted). 11. If the results are positive (first offense), then for the day of testing, the employee will be paid for any hours worked and the rest of the day will be without pay (once the employee is taken home after the test), and any subsequent days, including rehabilitation, will be sick time. Any questions regarding this policy should be directed to Human Resources. ---PAGE BREAK--- Page 25 of 47 CONSENT FORM FOR COLLECTION AND TESTING OF URINE SAMPLE NOTIFICATION OF DRUG TESTING AND CONSEQUENCES OF A CONFIRMED POSITIVE TEST RESULT I acknowledge that a negative drug test result and remaining drug-free are conditions of my employment and that I will be deemed ineligible for employment if my initial positive result is confirmed positive and I have no satisfactory explanation. I further acknowledge that if I am deemed ineligible, I will not be permitted to apply to the City of Billings for one year for a position with the City of Billings. I realize that I may have my sample retested or obtain a confirmatory test by an independent laboratory selected by me and that to do so, I must contact the Medical Review Officer or Human Resources within 48 hours after I am notified that my sample tested positive. I further acknowledge that the testing procedures of the designated collection and testing laboratories are available to me upon my request and I have read and understand the City's Drugs and Alcohol policy. CONSENT I, consent to the collection and testing of my urine sample by the City of Billings, and its designated collection and testing laboratories to determine the presence of the following drugs: Marijuana, Cocaine, Amphetamines, Opiates and (PCP). Date Signature Date Signature of Witness *Parent's signature, if applicant is under the age of 18 Date Signature of Parent ---PAGE BREAK--- Page 26 of 47 Probationary Period This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that all employees should have time to adjust to new surroundings, assume an increasing workload and prove that they are the proper person for the position. Policy It is the policy of the City of Billings that all employees are subject to a one- year probationary period. Procedure Employees begin the one-year probationary period on the first day of work. An employee may be dismissed at any time during the probationary period without cause. Vacation and sick leave are accrued during the initial employment period. Sick leave may be used after 90 days of continuous employment and vacation leave may be used after six months of continuous employment. Employees terminating from the City prior to three months or six months will not receive sick or vacation pay out, respectively. ---PAGE BREAK--- Page 27 of 47 Promotions and Transfers This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that transfers and promotions are based on demonstrated abilities, experience, skills, personal capabilities, performance evaluations, disciplinary record, and the needs of the City. Policy Employees in a new position may not apply for posted vacancies outside their present division for one year. However, this provision may be waived by the Department Head if he/she desires to do so. Human Resources is to be notified of any waivers. Procedure Upon a transfer/promotion to a position in a higher pay range, the salary will be increased 10 percent (10%) above the previous salary, or the entry rate of the higher range, whichever is greater, or at a rate determined by the Department Head with consultation and approval from Human Resources. The salary paid will never be greater than the maximum of the salary range. In addition, if this rate of pay places the newly appointed or promoted non- bargaining/management employee at a rate of pay greater than that of an individual in the same position in the division, then the lower paid individual may be raised to the same rate of pay if the individual’s past performance justifies it and budgetary resources are available. The approval of the Department Head, Human Resources and the City Administrator is required. When an employee transfers between positions in the same pay range the rate of pay will remain unchanged. The employee’s evaluation date will change to the date the new position becomes effective. ---PAGE BREAK--- Page 28 of 47 Recruitment and Selection This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose This policy provides guidance for the recruitment and selection of applicants for City of Billings vacant positions. Policy It is the policy of the City of Billings to recruit and select persons for appointment and employment, and to train, advance, promote, and transfer such persons on the basis of individual capability, potential, or contribution to the programs and goals of the City. Each department head, supervisor and employee of the City of Billings is responsible for conducting appointments and employment activities in support of and in compliance with this policy. The City of Billings respects, supports, and observes the laws, directives and regulations of the state and federal government that prohibit discrimination. A climate of equal opportunity that nurtures and supports the fullest contributions of each employee is essential “to provide our community with an excellent quality of life by delivering cost effective public service.” Creating and sustaining this climate is the responsibility of all who work for the City. Leadership is expected to reinforce these principles. Human Resources is responsible for assembling employment and enrollment data and implementing new diversity efforts. Human Resources, in coordination with others, may investigate individual complaints and concerns. This policy is related to all phases of employment including but not limited to: recruitment, selection, testing, employment, placement, layoff, promotion, demotion, transfers, discipline, termination, pay rates, and training. This policy does not preclude discrimination based on bona fide occupational qualifications or other recognized exceptions under the law. The City of Billings also believes in making reasonable accommodations as needed to enable qualified disabled employees and applicants to satisfactorily ---PAGE BREAK--- Page 29 of 47 perform the essential functions of City jobs, except where the accommodations would impose an undue hardship on the City. All applicants for employment with the City of Billings will be recruited from the reasonable labor market and evaluated on each person’s individual qualifications and abilities. All City of Billings employees shall be afforded equal employment opportunities during their terms of employment and are guaranteed protection against retaliation for exercising any legal or administrative procedures to secure rights to equal employment opportunities or testifying on behalf of someone else doing so. All supervisory personnel are responsible for, and shall be committed to, achieving and promoting equal employment opportunity with the City of Billings. This policy also relates to the use of all facilities and participation in all City- sponsored employee activities. It is the responsibility of each supervisor of the City to insure affirmative implementation of this policy so as to avoid any discrimination in employment practices. In addition, each employee has a responsibility not to discriminate and to report instances of discrimination by others. If an employee believes he/she is being subjected to any of these forms of harassment, he/she must bring this to the attention of the immediate supervisor or other functionally related management person or Human Resources. The very nature of harassment makes it impossible to detect unless the person being harassed registers his/her discontent and/or reports the offensive conduct. Procedure Vacancy Announcement Requirements: The recruitment process for any vacant position will not begin until a current position (job) description, which accurately describes the essential functions of the job and any job specific addendum(s), is on file with Human Resources. Assistance in identifying essential job functions is available from Human Resources. Vacant positions that are in the reclassification process will not be advertised until that process is finished. Human Resources will notify the hiring supervisor if a position is not current. Vacancy Announcement Request: The recruitment and selection process begins when a completed Personnel Requisition form is submitted to Human Resources. A copy of the form may be downloaded from the Human Resources site on the City intranet and is located at the end of this policy. The hiring supervisor must indicate if he/she desires anything submitted with ---PAGE BREAK--- Page 30 of 47 the City Application cover letter, resume, etc.). Accompanying the Vacancy Announcement Request will be, if applicable, the items identified under Selection Devices. Vacancy Announcement Development: The vacancy announcement will contain a description of the essential functions and the minimum standards for education, experience, and any physical requirements that are necessary. The hiring supervisor shall develop these standards with assistance from Human Resources. Vacancy Announcements: All internal and external vacancy announcements will be printed using the format in the example at the end of this policy and may be downloaded from the Human Resources site on the City intranet. The vacancy announcement shall contain the following information: 1. Job Title – the title used in the position (job) description 2. Position Number 3. A summary description of the job’s essential functions (taken from the position (job) description) 4. A description of the qualifications and competencies (knowledge, skills, and abilities) required to perform the essential functions including educational requirements and any physical and mental requirements (taken from the position (job) description) 5. Entry level salary 6. Application closing date 7. A list of all required application materials and forms 8. Type of position: full-time, part-time, temporary, or seasonal 9. Hours of work – either days, evenings, nights, or varies 10. A statement requiring pre-employment drug screening Supplemental Questions: Supplemental questions provide applicants a written avenue for describing specific knowledge, skills, and abilities (or competencies) that relate to the job being applied for. These supplemental questions may be used as an additional screening tool and/or a part of the ---PAGE BREAK--- Page 31 of 47 hiring decision. If supplemental questions are used the following shall be complied with: 1. Questions must relate to the essential functions that are listed in the position (job) description and that are included in the minimum qualifications in the vacancy announcement 2. If writing ability, in addition to content, is to be evaluated in the response, that must be noted in the documentation provided to the applicant 3. Reasonable accommodations must be provided at the request of the applicant Vacancy Posting Requirements/Options: The requirements and options for posting vacancy announcements are listed below. Hiring supervisors shall coordinate with Human Resources concerning the below: 1. Internal to the City: The hiring supervisor may wish to seek applicants from within the City. These vacancy postings will be posted for a minimum of five calendar days. 2. External: Human Resources will post external vacancy announcements in the Billings Gazette, the City of Billings Internet Site, and the City of Billings Job Posting Phone Hot- Line. The majority of the aforementioned postings will be posted for a minimum of six calendar days. Positions that are difficult to fill or where there are recurring vacancies may be openly advertised continuously. Identical positions, which come open in the same department within ninety (90) days of the initial posting closing date, may be filled with the same applicant list/pool. An exception to the aforementioned is the Billings Police and Fire Departments. They may use the same applicant pool until a new advertisement is placed and a new applicant pool is established. Positions filled on a temporary basis for more than ninety (90) days are to be advertised in accordance with this section. Positions to be filled for less than ninety (90) days may or may not comply with this section. ---PAGE BREAK--- Page 32 of 47 Screening and Selection: Human Resources is responsible for: 1. Receiving application materials from applicants 2. Providing a list (Candidate Tracking Form) of all applicants which meet minimum qualifications along with each applicant’s application material(s) to the hiring supervisor Hiring supervisor and/or selection panel is responsible for: 1. Reviewing the material provided by the applicants and Human Resources 2. Interviewing all applicants which meet minimum requirements, or narrowing the number of applicants to be interviewed by establishing job related/requirements rationale for each person selected for an interview as well as those not selected Interview Setup: The hiring supervisor is responsible for contacting applicants for interviews. If applicants are contacted by phone, they need to be informed of the date, time, and location of the interview. If the applicant cannot be contacted by phone, a letter should be sent and the aforementioned information shall be provided. Applicants who do not show up at the appointed time or applicants who withdraw from the interview process may be removed from the applicant pool. Human Resources must be contacted if the hiring supervisor wishes to exclude an applicant for any other reason. Internal Interview Applicants: Internal applicants, for City vacancies, will be granted paid time to attend the interview. Once the interview is completed, the employee is expected to return to their work assignment and complete their respective shift. Selection Devices: The City recognizes many selection devices as long as they: 1. Are job related 2. Do not create an undue barrier to employment or advancement for protected classes ---PAGE BREAK--- Page 33 of 47 3. Are in compliance with existing policies, bargaining contracts, and relevant state and federal law 4. Are pre-approved by Human Resources Selection devices must be defendable and must allow for the selection of the best candidate for the vacant position. Selection criteria must be applied equally to all candidates. Possible selection devices include any combination of the following items: 1. Structured questions and suggested answers 2. Behavioral questions and suggested answers 3. Applicable job-related performance tests 4. Relevant education and experience 5. Supplemental questions 6. Written interview questions All selection materials must be pre-approved by Human Resources and submitted with the Vacancy Announcement Request before the applications will be forwarded to the hiring supervisor. Interviews: Interviews are a reliable method of determining more about the capabilities of minimally qualified candidates. Although interviews are important, the other selection criteria, such as those listed previously, shall be considered. The interview committee should consist of at least three people but no more than five. All members of the selection committee should be familiar with the position being filled and the department. It is suggested that the applicant have access to a copy of the interview questions to refer to during the interview. After the interview is completed with each applicant, the interview questions must be obtained from the applicant. Follow-up questions, as long as they are job-related, may be asked of the applicant. These follow-up questions may be based upon an answer to a previously asked question or based upon the application material that the applicant submitted. All follow-up questions must be captured for retention in the recruitment file. ---PAGE BREAK--- Page 34 of 47 Testing: A hiring supervisor may give and use the results of a job related test provided that the results are not intended to or used to discriminate because of race, color, religion, sex, national origin, or disability. Structured tests are useful for assessing job-related qualifications in many positions. Technical skills can often be more readily demonstrated through structured tests. If a test is used then, the following must be in place: 1. Identical written instructions must be given to each applicant 2. An identical amount of time must be given to each applicant 3. Testing facilities and equipment must be the same for each applicant 4. A minimum shall be established prior to testing 5. Tests, like other materials, must have suggested answers or goals, that must be retained with other materials 6. Upon request from a disabled applicant, reasonable accommodation for testing shall be made Selecting the Top Applicant: Determine the Top Applicant(s): The hiring supervisor and the selection committee must review all relevant information, including the interview results, any test results, and any other material to determine the top applicant(s). Veterans’ Public Employment Preference: Whenever the hiring supervisor uses a scored procedure, a veteran who is an initial applicant for hiring with the City, must have added to his/her score the following percentage points of the total possible points that may be granted in the scored procedure: • 5 percentage points for being a veteran; and • 10 percentage points if the veteran is disabled or an eligible relative. In order for a veteran, disabled veteran, or eligible relative to be eligible for the preference, the applicant must be: • a United States citizen; and • meet the minimum qualifications for the position applied for. If no applicant meets the minimum qualifications and the hiring supervisor fills a training position, then veterans’ preference must be applied. ---PAGE BREAK--- Page 35 of 47 A disabled veteran who receives 10 percentage points for being disabled does not receive an additional 5 points for just being a veteran. The maximum percentage points that can be earned by a veteran is 10. If the hiring supervisor does not use a scored process, the hiring supervisor must give preference to a disabled veteran, eligible relative, or veteran, in that order, over any nonpreferred applicant holding substantially equal qualifications. Reference Check(s): Former employers are the appropriate contacts for references. Hiring supervisors are responsible for conducting reference checks. All reference check questions must be job related. The City of Billings Reference Check Form will be used for all reference checks conducted on applicants and will be included in the recruitment file for the position. Caution should be used when utilizing personal references. Personal references would be more appropriate for those applicants who have limited work experience. Unusual reference information shall be referred to Human Resources. Background Checks: The City of Billings will check the background of applicants for certain positions in the following ways: 1. Criminal Background Check: The City has the right and obligation to thoroughly investigate conviction records. Any that relate to the duties of the position may be used to disqualify an applicant. The final decision on disqualifications for convictions rests with the hiring supervisor and Human Resources. The criminal records background check release needed to conduct the background check is available from Human Resources. 2. Professional License or Certification: If a position requires the incumbent to have a valid license or professional certification, then a copy of such license or certification shall be requested from the applicant by the hiring supervisor to be provided at the time of the interview. Hiring Preferences: Prior to requesting approval to hire the selected applicant, the hiring supervisor shall review the various employment preferences, which place additional obligations on the City. Assistance is available from Human Resources. The preferences cited are those that have not yet been mentioned. Additional information about these preferences may be requested from Human Resources. ---PAGE BREAK--- Page 36 of 47 1. Public Employee (Police & Fire) Disability Retirement: A recipient whose disability retirement allowance is canceled by the Public Employees’ Retirement Board, as provided in 19-9- 904, and 19-13-804, MCA, must be reinstated to the position held by the member immediately before retirement or to a position in a comparable pay and benefit category with duties within the member’s capacity, whichever opens first. Veterans Employment Preference: See page 9, Veterans’ Public Employment Preference. Approval To Hire: Upon the completion of the selection process, the checking of references, the background check (if applicable) and the review of the various employment preferences, the hiring supervisor/selection committee must submit the Certification for Hiring form to Human Resources. The committee shall explain why the selected applicant is the best candidate. Human Resources will notify the hiring supervisor when the materials are received and the hiring decision is approved. Note: An offer of employment cannot be made until Human Resources reviews the documentation for legal compliance. Conditional Offer of Employment: The Americans with Disabilities Act prohibits pre-employment inquiries about a disability to assure that qualified candidates are not screened out because of a disability. After making a conditional offer of employment additional information about medical or physical condition may be gathered. For these reasons, medical exams or testing can only be done after a conditional offer of employment is made. Job Offer: A person selected for a position should receive a written confirmation from the hiring supervisor. The confirmation will be placed in the personnel file and should include the minimum information: 1. Start date 2. Initial work schedule and where to report to work 3. Classification, grade and base salary 4. Probationary period information 5. The duration and FTE of the position 6. Name of the immediate supervisor 7. A signature block for the employee to formally accept the job offer ---PAGE BREAK--- Page 37 of 47 8. That a valid driver’s license or valid picture ID and original social security card will be required for processing. 9. Statement that the letter is not a contract and that conditions of employment are subject to change based upon the results of the mandatory drug test 10. Telephone number to call in order to make an appointment for a drug test A copy of the job offer letter and the signed original must be forwarded to Human Resources. A form letter is available from Human Resources or on the City intranet. Unsuccessful Applicant Notification Letters: Both internal and external unsuccessful applicants will be notified in writing by the hiring supervisor. Additionally, internal applicants will receive a phone call from the hiring supervisor prior to the written notification. A form letter is available from Human Resources or on the City intranet. Selection Documentation: The following materials shall be included among the documents to be saved, by Human Resources, for each selection in accordance with the City Records Retention Policy. Files will, at a minimum, include: 1. The position description 2. A copy of the vacancy announcement 3. A copy of advertisements 4. A list of all recruitment sources 5. Job posting sources 6. All applications, supplements, questionnaires and other application materials 7. A copy of all selection devices and any criteria 8. A copy of the screening information 9. Correspondence with applicants 10. A copy of the hire letter ---PAGE BREAK--- Page 38 of 47 11. The Certification for Hiring form Confidentiality and Access to Materials: All application and selection materials shall be confidential, unless otherwise stated on the vacancy announcement, and may not be released to any person not involved in administering the hiring process. Materials may be released upon the receipt of a properly executed administrative or judicial order. Hiring supervisors or Human Resources may discuss, upon request from an applicant, the selection process and scores (if applicable) related to that individual. Information about other applicants is confidential and may not released. ---PAGE BREAK--- Page 39 of 47 City of Billings Personnel Requisition Date Department Division Position to be filled Position Type (circle one): Full-Time Part-Time Temporary Seasonal Grade: Hours of Work: Days of Rest: Position Number:_______ Advertisement Means (circle one): Internal Replacement for: External Payroll Distribution (number & (Note: must equal 100%) Specific Qualifications/Requirements Not Indicated in Position Description: Budgeted Position (circle one): Yes No If no, please explain: Supervisor’s Signature Date Department Head Signature Date ---PAGE BREAK--- Page 40 of 47 Staff Review: Approved / Disapproved Human Resources Approved / Disapproved Fiscal Review City Administrator’s Approval: Date FOR HUMAN RESOURCES USE ONLY: Position filled by Start Date: ---PAGE BREAK--- Page 41 of 47 City of Billings Certification For Hiring Job Title: FTE: Position Number: Location: Circle One: Full-Time Part-Time Temporary Seasonal has been selected for the above position. Name of Applicant The starting date is: Hiring Supervisor: (Print Name) Date Committee Member Committee Member Committee Member Committee Member Supporting Rationale For Selection: Recruitment/Selection approved by Human Resources: Printed Name Signature Date ---PAGE BREAK--- Page 42 of 47 City of Billings Authorization for Release of Information **Personal Inquiry Waiver** To Whom It May Concern: I respectfully request and authorize you to furnish the City of Billings, with any and all information that you may have concerning me, my employment (work), education records, my reputation, my financial, and credit status. Please include all information of a confidential or privileged nature, and provide photocopies of same, if possible and if requested. Your cooperation in this reply will be used to assist the City of Billings, in determining my qualifications and fitness for the position, for which I have applied. Any information you provide in response to a request for this information will be used solely for the purposes of permitting the City of Billings, to make a fully informed hiring decision. It will not be distributed to or shared with any other individual or entity, not even myself as the applicant. I hereby release you, your organization, and others from any liability or damage, which may result to me from furnishing the information requested. Signed and dated this day of Printed Name Signature Social Security Number Address City State Zip . ---PAGE BREAK--- Page 43 of 47 PRE-EMPLOYMENT AUTHORIZATION AND RELEASE BILLINGS POLICE DEPARTMENT am an applicant for a position as a licensed peace officer or for a position leading to employment as a licensed peace officer with the Billings Police Department. A thorough investigation of my employment background and personal history is being conducted to evaluate my qualifications and suitability for employment as a licensed peace officer. I hereby authorize any representative of the Billings Police Department bearing this release to obtain any information in your files pertaining to my employment and I hereby direct you to release such information upon request of the bearer. I do hereby authorize a review and full disclosure of all records, or any part thereof, concerning myself, by and to any duly authorized agent of the above described law enforcement agency, whether said records are of public, private, or confidential in nature. The intent of this authorization is to give my informed consent for full and complete disclosure. I reiterate and emphasize that the intent of this authorization is to provide full and free access of all information maintained by you for the specific purpose of pursuing a background investigation that may provide pertinent data for the above described law enforcement agency to consider in determining my suitability for employment as a licensed peace officer. It is my intent to provide access to all information however personal and confidential it may appear to be. I consent to your release and photocopying of any and all public and private information that you may have concerning me, my work record, my background and reputation, my military service records, education and training records, my financial status, my criminal history record, including any arrest records, any information contained in investigatory files, efficiency ratings, complaints or grievances, filed by or against me, the records or recollections of attorneys at law, or other counsel, whether representing me or another person in my case, either criminal or civil, in which I presently have, or have had an interest, attendance records, polygraph examinations, and any internal affairs investigations and discipline, including any files which are deemed to be confidential and/or sealed. I specifically consent to and authorize you to provide photocopies of any Polygraph Reports, Recording Tapes or Written Reports in your possession, which concern me to the above described law enforcement agency. I hereby release you, your organization, and all others from liability or damages that may result from furnishing the information requested, including any liability or damages pursuant to any state or federal laws. I hereby release any custodian of such records, including the officers, employees and agents of any custodian, both individually and collectively, from any and all liability for damages of whatever kind, which may at any time result to me, my heirs, family or associates because of compliance with this authorization and request to release information, or any attempt to comply with it. I direct you to release such information upon the request of a representative of the above described law enforcement agency regardless of any agreement I may have made with you previously to the contrary. The law enforcement agency requesting the information pursuant to this release will discontinue processing my application if you refuse to disclose the information requested. I understand my rights under Title 5, United States Code, Section 552a, the Privacy Act of 1974 and, with regard to access and to disclosure of records, and I waive those rights with the understanding that information furnished will be used by the above described law enforcement agency in conjunction with employment procedures. Should there by any question as to the validity of this release, you may contact me at the address listed on this form. I agree to indemnify and hold harmless any person to whom this request is presented and his/her agents and employees, for and against all claims, damages losses and expenses, including reasonable attorney s fees, arising out of or by reason of complying with this request. Signature Date (Current Address) (State) (Zip) Phone Number: ( ) ---PAGE BREAK--- Page 44 of 47 City of Billings Reference Check Form* This form is to be completed for the top candidate(s). Please use a new form for each reference. This completed form must be forwarded to Human Resources with the other application/selection materials. INFORMAL REFERENCES CANNOT BE USED AS A BASIS FOR HIRING DECISIONS. Reference Checker Name: Position Number: Applicant Name: Position Title: Reference Name: Professional Reference (check one): Current Employer Former Employer Employment Dates: Reason for Leaving: 1. Were you the immediate supervisor? If so, how long have (did) you supervise the applicant? 2. (Read the applicant’s statement of duties on application) Is this an accurate description of the applicant’s duties? If no, Please explain: 3. What is your assessment of the applicant’s ability to plan and organize? 4. Describe the applicant’s ability to work with others. ---PAGE BREAK--- Page 45 of 47 5. What would you identify as the applicant’s strongest work-related asset? 6. What would you identify as the applicant’s strongest work related deficit? 7. Describe their ability to take constructive feedback. 8. How would you rate the applicant’s attendance? Good Average_____ Poor Please explain: 9. Overall assessment of applicant. 10. Would you re-hire the applicant? Yes No If no, please explain: 11. Other questions (These must be recorded here and must be job related): ---PAGE BREAK--- Page 46 of 47 *If you need more room for further explanation, please add additional sheets. ---PAGE BREAK--- Page 47 of 47 Resignation This policy supersedes all previous policies and/or handbooks published by the City of Billings. Negotiated labor contracts that conflict with this policy will take precedence to the applicable extent. Purpose The City of Billings believes that an advance notice regarding resignation and an exit interview are important and courteous actions. Policy Employees who choose to resign must write a letter of resignation. The letter must be addressed and given to the employee’s immediate supervisor at least fourteen (14) calendar days in advance of the employee’s projected last day. Procedure Prior to leaving, Human Resources will conduct an exit interview. Department Heads are encouraged to conduct exit interviews with their departing employees. Employees must return all City property (keys, uniforms, etc.) to their immediate supervisor prior to being issued their final check from Human Resources. The immediate supervisor will notify Human Resources when all City property has been returned. Human Resources will provide a copy of the City Grievance procedures to all employees who depart employment with the City.