Document Burley_doc_1d0f6fa4ae

PERSONNEL RULES AND REGULATIONS Adopted November 7, 2018 ---PAGE BREAK--- 2 PERSONNEL RULES AND REGULATIONS OF THE CITY OF BURLEY TABLE OF CONTENTS Revised August 2014 RULE 1: DEFINITIONS pg. 6 Section A: Definitions pg. 6 RULE 2: APPOINTMENTS pg. 8 Section A: Definitions pg. 8 Section B: Types of Appointments pg. 9 Section C: Physical Ability/Skills Screening pg. 10 Section D: Legal Requirements and Non-Discrimination pg. 10 Section E: Fingerprinting pg. 11 Section F: Criminal Conduct pg. 11 Section G: Outside Employment pg. 11 Section H: Nepotism pg. 12 Section I: Probationary Period pg. 12 Section J: Veterans Preference pg. 13 RULE 3: RECRUITMENT/EXAMINATION pg. 13 Section A: Purpose pg. 13 Section B: Need pg. 13 Section C: Definition pg. 13 Section D: Contents pg. 14 Section E: Examination Types pg. 14 Section F: Notice of Examination pg. 15 Section G: Publicity pg. 15 Section H: Minimum Qualifications pg. 15 Section I: Filing of Application pg. 15 Section J: Application Review pg. 16 Section K: Modification or Waiver of Examination pg. 16 Section L: Admission pg. 16 Section M: Reasonable Accommodation pg. 17 Section N: Examination Grades pg. 17 Section O: Retesting pg. 17 Section P: Correction of Examinations pg. 17 Section Q: Completion of Examination pg. 17 Section R: Appeals pg. 18 ---PAGE BREAK--- 3 RULE 4: ELIGIBLE LISTS pg. 18 Section A: Definition pg. 18 Section B: Subdivision of Lists pg. 18 Section C: Placement of Names pg. 19 Section D: Removal of Names pg. 19 Section E: Inactive Status pg. 20 Section F: Re-qualification without Examination pg. 20 RULE 5: CERTIFICATION pg. 20 Section A: Definition pg. 20 Section B: Requests for Certification pg. 21 Section C: Appropriate List pg. 21 Section D: Order of Preference pg. 21 Section E: Selective Certification pg. 22 Section F: Insufficient Names pg. 22 Section G: Use of Other Lists pg. 22 Section H: Departmental Objection pg. 22 Section I: Finding of Insufficiency pg. 22 RULE 6: ASSIGNMENTS AND SEPARATION pg. 23 Section A: Transfers, Voluntary Demotions and Job Changes pg. 23 Section B: Definition of Voluntary Demotion pg. 23 Section C: Definition of Transfer /Reassignment pg. 23 Section D: Transfer/Voluntary Demotion Procedures pg. 23 Section E: Job Changes pg. 23 Section F: Automatic Resignation pg. 24 Section G: Resignation pg. 24 RULE 7: CLASSIFICATION pg. 24 Section A: Classification Plan pg. 24 Section B: Definition pg. 25 Section C: Class Specification pg. 25 Section D: Classification Series pg. 25 Section E: Position Authorization pg. 25 Section F: Maintenance of the Classification Plan pg. 26 Section G: Classification Review Procedures pg. 26 Section H: Classification Appeal Procedure pg. 27 Section I: Results of Classification Studies pg. 27 Section J: Technical Title Change pg. 28 ---PAGE BREAK--- 4 RULE 8: WORK PERFORMANCE EVALUATION pg. 29 Section A: Purpose pg. 29 Section B: Standards pg. 29 Section C: Departmental Responsibility pg. 29 Section D: Employee Responsibility pg. 29 Section E: Evaluations pg. 29 Section F: Use pg. 30 Section G: Records pg. 30 RULE 9: DISCIPLINARY ACTION pg. 31 Section A: Definition pg. 31 Section B: Causes of Action pg. 31 Section C: General Provisions pg. 32 Section D: Opportunity to be Heard Concerning Proposed Discipline pg. 33 Section E: Appeal of Decision Imposing Demotion w/Reduction in Pay, Suspension Without pay or Dismissal from Employment pg. 35 Section F: Opportunity to be Heard – Assertions of Unlawful Discrimination and “Name Clearing Hearing” pg. 36 Section G: Letter of Reprimand pg. 38 Section H: Disciplinary Action – Immediate Suspension pg. 38 RULE 10: DISMISSAL WITHOUT CAUSE pg. 38 Section A: Dismissal without Cause pg. 38 RULE 11: COMPENSATION pg. 38 1. Salary Adjustments pg. 38 2. Overtime Pay pg. 40 3. Differential Pay pg. 41 4. Retention Incentive Pay pg. 41 5. On-Call Pay pg. 41 6. Call Back pg. 42 7. Out of Class pg. 42 8. Merit Incentive pg. 42 9. Uniforms pg. 42 10. Educational Reimbursement pg. 43 11. Benefits pg. 43 12. Cafeteria Plan pg. 43 13. Retirement Contribution pg. 44 14. Leave Provisions pg. 44 15. Rest Periods pg. 50 16. Expense Reimbursement pg. 51 18. Promotional Probation pg. 51 ---PAGE BREAK--- 5 19. Pay Periods pg. 52 20. Salary Rates pg. 52 21. Relief Employees pg. 53 22. Standard Tour of Duty pg. 53 23. Dual Appointment pg. 54 24. Job Sharing pg. 54 25. Lay Off Procedure pg. 54 26. Reserve Firefighters Pay Scale pg. 55 RULE 12: OTHER PROVISIONS pg. 56 Attachment A: DRUG AND ALCOHOL ABUSE POLICTY pg. 58 Attachment B: DISCRIMINATION AND HARRASSMENT POLICY pg. 68 Attachment C: TRAVEL AND TRAINING POLICY pg. 74 Attachment D: INFORMATION SYSTEMS POLICY pg. 78 ---PAGE BREAK--- 6 PERSONNEL RULES AND REGULATIONS OF THE CITY OF BURLEY RULE 1: DEFINITIONS A. Anniversary Pay Period means the first pay period following twenty-six (26) pay periods of actual service from date of appointment in a regular position. Absences for approved paid leave shall be considered as service for the purpose of these Rules. B. At Will means the employee may be terminated at any time without cause and without notice. C. Council means the City Council of the City of Burley. D. Classified Position means a position established by the Council to which appointments are made through a competitive process governed by requirements and in which an employee can achieve regular status in the classification. E. Classified Service means all classified positions of employment in the service of the City excluding the following non-classified positions: Elected Officials; Individuals serving on boards, commissions and agencies; Individuals performing services as independent contractors; Individuals who are not already City employees who perform services during a declared emergency; Individuals appointed to relief positions City Administrator, City Attorney and Department Heads; Volunteers; and Individuals appointed to grant funded positions. F. City means the City of Burley and any special districts governed by the Mayor and City Council. G. Department Head means the appointed head of the following units of City government: City Engineer Library Director Building Inspector Public Works Director City Clerk Fire Chief Water and Sewer Superintendents Electric Department Director Golf Course Superintendent Cemeteries Director ---PAGE BREAK--- 7 H. Employee means any person who occupies a position in the classified service. Employee FLSA status Exempt or Non-exempt: City Engineer Exempt Treatment Plant Maintenance Non-exempt Electrical Director Exempt Senior Equipment Operator Non-exempt Waste Water Director Exempt Sr. Water Equipment Operator Non-exempt Water Department Director Exempt Department Secretary Non-exempt Fire Chief Exempt Mechanic 2 Non-exempt Librarian Exempt Animal Control Foreman Non-exempt City Clerk Exempt Connect Disconnect Rep. Non-exempt Parks & Recreation Director Exempt Assistant Golf Superintendent Non-exempt Street Operations Manager Non-exempt Carpenter Non-exempt Plant Lead Operator Exempt Equipment Operator 2 Non-exempt Golf Course Superintendent Exempt Landscape Maintenance Worker Non-exempt Line Foreman Non-exempt Mechanic 1 Non-exempt Building Inspector Exempt Wastewater Lab Technician Non-exempt Shop Supervisor Non-exempt Sanitation Lead Worker Non-exempt Sanitation Manager Non-exempt Equipment Operator Non-exempt Parks Foreman Non-exempt Water Operator 1 Non-exempt Treatment Plant Operator 4 Non-exempt Parks Lead Worker Non-exempt Meterman/Electrician Non-exempt Pre-Treatment/Lab Non-exempt Cemetery Director Exempt Account Clerk 1 Non-exempt Water Department Foreman Non-exempt Sanitation Equipment Operator Non-exempt Journeyman Lineman Non-exempt Street Maintenance Worker Non-exempt Senior Water Operator Non-exempt Water Operator 2 Non-exempt Facilities Manager Non-exempt Apprentice Lineman Non-exempt Payroll Clerk Non-exempt Golf Mechanic Non-exempt Senior Mechanic Non-exempt Meter Reader Non-exempt Billing Technician Non-exempt Wastewater Pretreatment Non-exempt Streets Lead Worker Non-exempt Animal Control Officer Non-exempt Wastewater Collection Op. 1 Non-exempt Wastewater Collections Op. 2 Non-exempt Economic Coordinator Exempt Children’s Librarian Non-exempt Assistant Librarian Non –Exempt Librarian Young Adult Non-exempt HR Manager Exempt Librarian Assistants Non-exempt Accounts Payable/Receivable Non-Exempt I. Grant Funded Employee means any employee appointed to a grant funded position. Grant funded employees serve only for the term of the grant and at the pleasure of their grant’s supervising department head. J. Grant Funded Position means a position created within and funded solely by an awarded financial grant. K. Immediate Family means a spouse, son, daughter, mother, father, sister, brother, mother-in-law, father-in-law, grand-parent, grand-parent-in-law, brother-in-law, sister-in- ---PAGE BREAK--- 8 law, grandchild, stepson, stepdaughter, foster child, foster parent, in loco parentis, or any relative living with the family. L. Month means a calendar month. M. Personnel Officer means the City Administrator or other public official designated as the Personnel Officer by the Mayor. N. Probationary Employee means any employee duly appointed to a regular classified position who is serving a probation period. O. Regular Employee means an employee who has been duly appointed to a classified position and has successfully completed the required probationary period. Regular employees remain “at will” as defined by Idaho Law. P. Protected Class Member means any person protected from discrimination under the law on the basis of sex, race, color religion, national origin, ancestry, age, disability, or medical condition. Q. Relief Employee means any employee appointed to a relief position. Relief employees serve at the pleasure of their department head. R. Relief Position means a temporary position of less than a year round basis to cover needs including but not limited to: seasonal peak workloads; emergency work loads of limited duration; paid leave relief; and other situations involving a temporary or fluctuating staff. S. Reserve Firefighter means a firefighter employed by the City of Burley who is not employed full time and is not eligible for benefits. Reserve firefighters are at will employees whose employment may be terminated at any time without cause, without a right to be heard, and without notice. T. Week means any seven consecutive days within which an employee normally works. U. Workday means any day upon which an employee would be required to work. RULE 2: APPOINTMENTS Section A: Definitions An appointment is the offer and acceptance of a job made in accordance with these Rules and any other applicable governing laws. The offer must be made by the department head or an authorized representative and only to a person eligible under these rules for the type of appointment being offered. After the selection interview and background investigation, an offer of employment may be made to any person certified to the department by the Personnel Officer. Appointment is also subject to completion of a physical ability/task screening showing ---PAGE BREAK--- 9 an ability to perform the position’s essential duties, approval of the City Administrator, and any other legal requirements. Section B: Types of Appointments 1. Regular: All classified positions shall be filled by appointment of an eligible individual who was certified from an appropriate eligible list. To become regular, the appointee shall be required to successfully complete the probationary period. Regular status does not confer a term of employment and the employee remains “at will.” 2. Relief: Appointment of persons certified from an appropriate eligible list for less than year-round basis to cover such needs as: seasonal peak workloads; emergency workloads of limited duration; vacation and sick leave relief; and other situations involving a fluctuating staff. Relief employees serve at the pleasure of the department head. 3. Grant Funded: Appointment of persons certified from an appropriate eligible list to positions created within and funded solely by an awarded financial grant. No grant- funded appointment will serve beyond its originating grant. 4. Underfill: Appointments to classified positions made from an appropriate eligible list of a lower classification for training purposes. The Personnel Officer shall prescribe the period of time during which the employee must qualify for the higher classification he/she shall be terminated, except where that underfill appointment is filled by an employee with regular status in another classification. Rules on probationary periods shall apply in such situations. The employee shall be required to qualify for underfill appointment by one or more of the following methods: a. Additional qualifying experience; b. Additional qualifying education; c. Possession of a state certificate or license; or d. Successful completion of an appropriate examination. The original trainee appointment must be made on a competitive basis. During the trainee appointment, the trainee shall have continuous probationary status. Appointments to the higher classification are subject to a new probationary period. 5. Provisional: Unless otherwise provided by these Rules, appointment of a person not on an eligible list is provisional and may be made under any one of the following conditions: a. There is no existing eligible list for classification; ---PAGE BREAK--- 10 b. The eligible list contains less than three names and the department head has filed written objection to the employment of each person on the list with the Personnel Officer; or c. Persons on the list are not available for appointment under the terms and conditions of employment prescribed for the position. Such provisional appointment shall be made from persons referred by the Personnel Officer. All provisional employees must meet the minimum qualifications for the classification to which appointed. Provisional appointments shall terminate no later than two pay periods after certification of qualified applicants from an appropriate eligible list of twelve (12) months from the date of the original appointment. 6. Limited Term: Appointment of a person not on an eligible list to a defined set of duties with a pre-determined length of service. Such appointments are “at will” employees who serve at the pleasure of the department head and may be terminated at any time without cause. Section C: Physical Ability/Task Screening Applicants offered classified positions may be required to take a physical ability and/or a sample job task screening and in some cases may be required to take a pre-employment drug test prior to their first day on the job. Physical ability and sample job task screenings shall be conducted by a private firm employed by or contracted with the City for this purpose, unless the Personnel Officer authorizes an examination by another professional. The purpose of the physical ability/sample job task screening is to determine the physical ability of the applicant to perform the essential duties of the position. All individuals given conditional offers for the same position shall be required to undergo the same screening. As part of the screening, inquiry may be made into the physical ability of the applicant, as it relates to the ability to perform the essential duties of the position. Any applicant offered a safety sensitive classified position and those positions covered by the Department of Transportation Drug Testing Regulations shall be required to submit to post- offer/pre-duty drug and alcohol testing. The purpose of this test is to eliminate substance abuse and its effects in the City workplace. Applicants failing the test will have their employment offer rescinded. The City’s hired or contracted professionals shall submit a report to the Personnel Officer containing a recommendation and any essential physical ability information requested by the Personnel Officer for proper placement restriction of applicant. Section D: Legal Requirements and Non-Discrimination – EEO No applicant shall be appointed to any position in the City’s service who does not meet the legal requirements for the position. If a name has been improperly placed on the eligible list, the name shall be removed. No applicant shall be discriminated against because of race, color, sex, sexual orientation, age, physical or mental disability, national origin, ancestry, creed, ---PAGE BREAK--- 11 political or religious beliefs or affiliations, marital status, or medical condition except where a bona fide occupational qualification exists. The City of Burley is an Equal Opportunity Employer. Section E: Fingerprinting Applicants who have been offered classified positions may be required to be fingerprinted. Fingerprint records shall be filed in the Personnel Office after the completion of a records check. Section F: Criminal Conduct Conviction, including pleas of guilty and nolo contendere, of a felony, misdemeanor, or any crime involving moral turpitude may disqualify an applicant for employment or is cause for removal of an employee from City service; provided, however, that the department head may, with Council approval, disregard such conviction considering the following factors: 1. The relationships of the qualifications, functions and duties of the position to the nature of the conviction; 2. The nature and seriousness of the offense; 3. The circumstances surrounding the conviction; 4. The length of time lapsed since the conviction; 5. The age of the applicant at the time of conviction; 6. The presence or absence of rehabilitation or efforts at rehabilitation; 7. Contributing social or environmental conditions; and 8. The actual or potential impact on City service. An applicant disqualified due to a conviction shall be notified of such disqualification. An applicant who is disqualified for employment under this section shall be notified of said action and the right to appeal the determination of disqualification to the Personnel Officer. Section G: Outside Employment No employee in the classified service shall hold any other employment or private commercial enterprise if: It would physically or mentally impair or hamper the employee in the performance of City duties; It would create a conflict of interest between the City and the employee; or It would be a cause of action under the disciplinary provisions of these Rules. The department head reserves the right to prohibit any outside employment on the part of any City employee under the above circumstances. If a department head prohibits such activity, the employee will be given appropriate notice to terminate such outside employment or be terminated from City service. City equipment, time, or property may not be used for any non- City work. ---PAGE BREAK--- 12 Section H: Nepotism No person shall be employed who is the father, mother, grandfather, grandmother, grandchild, brother, sister, father-in-law, mother-in-law, step-son, step-daughter, step-father, step-mother, child spouse or individual living in spousal-like relationship of any other employee of the City assigned to the same department, if such relative would directly be supervised by or be a supervisor of such employee, or where potential problems of safety, morale, security or conflicts of interest exist. Department heads shall have the authority and discretion to make a reasonable effort to afford employees in violation of this section the opportunity to be reassigned or to be transferred to another City department, or for exceptional and unusual circumstances to make request of the Personnel Officer of policy exceptions. The decision of the Personnel Officer shall be final. Section I: Probation Period During the probationary period, the department head shall review, examine and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of an employee to determine whether the employee is fully qualified for employment in the classification to which appointed. The probationary period shall be One Thousand Forty (1040) hours of actual service. Probationary period progress reports shall be made by the department head on forms provided by the Personnel Officer. Mandatory probationary period progress reports are required on the following schedule: PROBATIONARY REVIEW PERIOD -1040 hours PROGRESS REPORTS REQUIRED A department head may request extension of the probationary period by an additional seven pay periods provided the request is filed and approved before the end of the original probationary period. An extension may be modified at the discretion of the department head. All requests for extensions and modifications require approval of the Personnel Officer. The department head shall inform the employee of the reasons for the request for extension or modification. If the work or conduct of a probationer, who has not obtained regular status in another classification of City employment, is found to be below standards acceptable to the department head, the department head shall terminate the probationer. Such terminations are not subject to review or appeal, unless otherwise required by law. A promoted employee who has obtained regular status in another classification within the same department and who does not successfully complete the probationary period in a promoted class, shall be returned to the lower classification in the same department, if a vacancy exists. If no vacancy exists in the lower classification, the provisions of the Layoff shall apply. ---PAGE BREAK--- 13 A promoted employee who has obtained regular status in another classification within another City department but does not successfully complete the probationary period in the promoted class shall be returned to the former department (or other department where appropriate as determined by the Personnel Officer) in that lower or a comparable classification, but only if a vacancy exists in the lower level classification in that other department. If no vacancy exists, the employee shall be terminated. Section J: Veterans Preference The City of Burley will accord a preference to employment of veterans of the U.S. Armed Services in accord with provisions of Idaho Code Title 65, Chapter 5 or its successor. In the event of equal qualifications for an available position, a veteran or family member who qualifies for preference pursuant to Idaho Code § 65-503, or its successor will be employed. Under certain circumstances, the widow, widower, spouse, or parent of a veteran may also be entitled to veteran’s preference pursuant to Idaho Code § 65-503. RULE 3: RECRUITMENT/EXAMINATION Section A: Purpose The fundamental consideration of the examination process is to serve the best interest of all segments of the public and the City. The purposes of the examination process are: 1. To provide qualified persons for City employment and promotions, ensuring equal employment opportunity, as a necessary and integral element of the basic personnel system principle. 2. To ensure that interested persons are informed of the examinations, with special recruitment efforts tailored to reach and attract members of protected classes. 3. To ensure that all examinations are valid, impartial, free from personal, political and are consistent with law. Section B: Need All classified positions in the City service shall be filled by persons who have qualified by examination, except as otherwise provided by these Rules. Department heads have the responsibility to notify the Personnel Officer as soon as a vacancy is anticipated. Examinations may be held and appropriate eligible lists established when deemed appropriate by the Personnel Officer. An examination announcement need not reflect an immediate vacancy. Section C: Definition An examination is a reasonable and impartial method of systematically and fairly evaluating an applicant’s fitness for performing position requirements. An examination may consist of one or any combination of: ---PAGE BREAK--- 14 performance tests written tests structured oral interviews audio-visual test rating of education and experience random certification work performance evaluations promotional potential evaluations physical fitness and agility post offer physical ability/skills screening other tests of knowledge, skills, and abilities Section D: Contents The Personnel Officer has primary responsibility for the content and conduct of the examination process. Department heads have the responsibility for selection interviews. Examinations and selection interviews shall consider the following: 1. Analysis of the job’s duties. 2. Availability of applicants. 3. Equal employment opportunity/affirmative action. 4. Occupational standards. 5. Professional testing principles. All examinations shall be analyzed for job relatedness. Examination material shall relate to the fitness of the applicant for work duties and requirements of the classification to be filled and shall be confined to the measurement of knowledge, skills and abilities necessary to perform essential tasks. Investigations and oral tests may include an inquiry into an applicant’s work background and behavior for purposes of determining specific skills or abilities to perform essential tasks and to ensure a commitment to the mission of the City. Background investigations shall be conducted consistent with rules and regulations adopted by Federal or State law or regulatory agencies. Failure to examine or consider all applicants shall not invalidate an examination, except for promotional examination. The Personnel Officer shall appoint deputy examiners as needed who may be representatives of the departments, the public, interested organizations or other public jurisdictions. Section E: Examination Types The type of examination shall be determined by the Personnel Officer in consultation with the department heads and in accordance with the provisions of these Rules. The following are type of examinations which may be established separately or in any combination: 1. Open Competitive: All interested persons who qualify are admitted to the examination. 2. Open Limited: Only current City relief, probationary, regular and/or grant funded employees are admitted to the examination. Open limited examinations may not be limited to any particular department or unit. 3. Promotional: Only current regular and probationary City employees are admitted to the examination. Promotional examinations may be limited to a particular department; provided, however such limitations shall be sued only when justified. ---PAGE BREAK--- 15 4. Series: A number of examinations for the same class which are administered from time to time as needed. The same or equivalent tests are used each time the examination is given. Section F: Notice of Examination The Personnel Officer shall post notices of examinations in the City Hall and distribute notices to all City departments for posting or distribution. The examination notice shall include the title of the position, the rate of pay, a brief description of the duties, any special requirements which must be met prior to appointment or prior to the acquisition of regular status, minimum qualifications, any other special conditions of employment, and the examination process to be utilized. Except for relief vacancies, notices of examinations shall be posted at City Hall for at least five working days preceding the closing date for receiving applications. Section G: Publicity The Personnel Officer, in consultation with the affected department head, shall administer a program of recruitment which will attract qualified persons to City employment, including members of protected classes. A mailing list to publicize recruitment shall include: 1. At least one daily newspaper published within the city serving the area where the vacancy occurs. 2. City departments. 3. Community agencies which express an interest in receiving notices of City job opportunities and are willing to assist in special recruitment circulation. 4. Depending upon the classification, other news media, professional journals and other public sector recruitment sources may be utilized. Section H: Minimum Qualifications Whether an applicant possesses the prescribed minimum qualifications for admission to an examination shall be determined by the Personnel Officer and shall be job related in accordance with legal requirements, considering classification specifications, the duties of the position, occupational standards, labor market and past experience. Minimum qualifications shall be based upon an evaluation of the duties and skills required. Artificial barriers to employment will be eliminated. Members of protected classes will be given every reasonable access and encouragement to employment and promotion within the City of Burley. Applicants may be required to submit additional information about their job related qualifications or to submit evidence of their possession of license or certificates or the completion of courses of study or training. Failure to supply such information or evidence may disqualify an applicant. Ethnic or personal information may be requested consistent with the law. Section I: Filing of Application Applications for examinations must be filed on forms furnished by the Personnel Officer unless otherwise specified in examination announcement. Resumes may not be accepted in lieu of ---PAGE BREAK--- 16 applications. No examination shall be finalized until receipt of a completed official application form by the Personnel Officer. Applications shall be date stamped and accepted or rejected. No applications will be returned. It is the responsibility of the applicant to show that they clearly meet the minimum qualifications for the examination. The applicant shall certify to the correctness of all statements made on the application. After filing, information on the application may be corrected only with the permission of the Personnel Officer. Neither the names of applicants for an examination nor the names of those who competed in an examination shall be made public. Section J: Application Review All applications shall be reviewed under the direction of the Personnel Officer for eligibility and admission to the examination. Any application may be denied which is submitted by a person: 1. Who is not eligible for examination under the provision of these Rules. 2. Whose application was received after the last date for accepting applications as specified in the notice. 3. Who does not meet the minimum requirement qualifications as prescribed in the examination announcement. 4. Who has been convicted of any crime which renders the person unsuitable for a position in the classification pursuant to the provisions of Rule 2G. 5. Who does not meet the legal requirements as set forth in Federal, State, or City law. 6. Who has sought to overthrow the United States government or State by force or by violence or has disturbed the mission of a public agency. 7. Who has intentionally made a false statement of any material fact or has practiced or attempted to practice any deception or fraud in the application, examination or selection process. 8. Who has used or attempted to use any personal or political influence to further eligibility. Section K: Modification or Waiver of Examination The Personnel Officer may modify the examination process as listed on the examination announcement by notifying those applicants who are going to be tested of the modification. If there are ten (10) or less competitors in any part of the examination process, subsequent parts of the current examination may be modified or waived at any time, and certification of the remaining competitors made, provided that the department head interviews all those certified. Section L: Admission All applicants not excluded for cause shall be admitted to an examination. No applicant shall be given preferential treatment. Information available to one candidate shall be available to all candidates under the same circumstances; subject to Section M below. The Personnel Officer may admit an ineligible person to an examination for the purpose of evaluating their qualifications, but that person shall not be eligible for certification as a result thereof. ---PAGE BREAK--- 17 Section M: Reasonable Accommodation If an applicant has a physical or mental condition which requires the City to make a reasonable accommodation for the testing process, they shall notify the Personnel Officer at least work days prior to the examination date of an accommodation need. It shall be the applicant’s responsibility to notify the City within this reasonable timeframe if such assistance is needed. Examinations given to people who have impaired sensory, speaking, or manual skills, and who have appropriately notified the City of their need for accommodation, shall be given the examination in a format and manner that does not require use of the impaired skill, unless the test is designed to measure that skill. Section N: Examination Grades The examination may be composed of one or more tests which are graded either independently or jointly with weights assigned to each test representing relative value importance or other technical considerations. Weights shall be expressed in percentages in terms of their contribution to the total examination grade. The Personnel Officer may specify the maximum number of those eligible to be qualified and certified in the examination or any part thereof. The overall test score shall be given to each applicant upon completion of the examination process in order to assist the applicant in evaluating their performance. In no case will applicants be told their actual ranking. Section O: Re-testing Applicants may take an identical test only once within a six month period. The Personnel Officer may waive these restrictions when warranted. Section P: Correction of Examinations Prior to computing grades, test questions may be deleted on the basis of item analysis, administrative or clerical errors, incorrect keying, and valid objections of applicants who have registered said objections within one work day following the examination. Any such decision shall be entered on the official keyed copy of the examination, together with the reason for the deletion. After grades are assigned, only clerical errors may be corrected. The Personnel Officer may permit a candidate to review the written examination without right of appeal. Section Q: Completion of Examination The examination process is completed on the date the Personnel Officer establishes the eligibility list. The eligibility of successful applicants shall commence as of this date. Applicants shall be notified of the results of the examination. ---PAGE BREAK--- 18 Section R: Appeals Appeals may be made by applicants or their designated representative on any part or process of an examination. Appeals concerning the contents or conduct of the examination process must be made within work days after the date of mailing of the examination results. The Personnel Officer shall investigate the circumstances surrounding the appeal and take appropriate administrative action within ten (10) work days to resolve any complaints. Examination appeals shall not impede the normal appointment process. Appointments made will not be reversed in the absence of any wrongful conduct or action of the part of the appointee or a finding that the appointee fails to meet the minimum qualifications. RULE 4: ELIGIBLE LISTS Section A: Definition An eligible list is an arrangement of applicants for City employment or promotion created as a result of an examination process. Lists are maintained in accordance with the City’s classification of positions. The period of eligibility may not be less than three months nor more than one year unless otherwise determined by the Personnel Officer. An eligible list may be abolished sooner when fewer than three names remain or prior to any appointment being made from any eligible list when the Personnel Officer determines it to be in the City’s best interest. The types of eligible lists are: 1. Open Competitive: Persons who are qualified by competitive examination to fill regular or relief positions. 2. Open Limited: Persons who are currently employed in relief, regular, probationary, or grant funded positions and who have qualified by examination. 3. Promotional: Person who are currently employed by the City in regular or probationary positions and who have qualified in examinations for advancement. Section B: Subdivision of Lists The Personnel Officer may subdivide an eligible list according to any one or combination of the following factors: 1. Geographic Area 2. Shift Assignment 3. Regular or Relief Separate eligible lists may also be established for various departments or subdivisions or by tested skills. ---PAGE BREAK--- 19 Section C: Placement of Names Except as otherwise provided by these Rules, the name of any person qualified for City employment or promotion must be placed on an appropriate eligible list based upon rank order utilizing the overall test score from the examination process or qualification rating. The Personnel Officer may specify conditions or restrictions on the certification of an applicant as a condition of candidacy. Eligibles may also be placed on lists for lower or parallel classifications according to a formula established by the Personnel Officer. In addition to names placed on lists through the examination process the Personnel Officer may place names on lists according to: 1. Layoff: Persons who have been or will be involuntarily demoted or separated without fault on their part. 2. Disability, Retirement, Returnees, or Qualified Injured Workers. 3. Transfer: Persons who have obtained regular status in the classification or a parallel classification and desire to be considered for assignment to other departments. 4. Leaves of Absence: Persons who have been granted a leave of absence without right to return to their former position. 5. Re-qualification: Persons who have been qualified for appointment or promotion by waiver of examination pursuant to the provisions of these Rules. Eligibility shall be confined to the position for which the waiver was granted. 6. Downgrades: Persons who have been downgraded as a result of a classification study. 7. Voluntary Demotion: Persons who have obtained regular status in a higher level classification, who are determined qualified for a lower related classification by the Personnel Officer, and who desire to be considered for assignment in that lower classification. Section D: Removal of Names Names shall be removed from an eligible list after appointment to a regular position or at the end of the eligibility period. The acceptance of relief work by persons on eligible lists shall not affect their certification to regular positions. Names shall be removed from the promotional eligible lists upon termination of the employee’s services with the City or upon granting a leave of absence without right to return to the job. The Personnel Officer may remove names of any person: 1. Who is not offered an appointment after five selection interviews of that applicant for the same classification. 2. Who fails to appear for any selection interview without adequate explanation. 3. Who has failed to answer an availability inquiry or keep the Personnel Officer informed of their current address and telephone number. 4. Who has demonstrated unsatisfactory work performance in a similar position in a relief capacity with the City. 5. Whose reasons for waiving certification or appointment are not satisfactory. 6. For whom valid, job-related written departmental objection has been filed by the department head and received by the Personnel Officer. ---PAGE BREAK--- 20 7. Who fails to meet minimum qualifications, medical standards or who has falsified the application or any valid cause related to the applicant’s character and ability to perform satisfactorily on the job. 8. Who has failed to comply with conditions of employment as a City employee. 9. Who has violated any provisions of these Rules. 10. Without Cause. All persons whose names are removed from eligible lists for cause shall be so notified in writing including the reasons for removal. Except for persons removed pursuant to items 1, 2, and 3 above, applicants shall have the right to appeal. The Personnel Officer may restore the names of persons to the eligible list by renewing or reactivating their eligibility. Section E: Inactive Status Applicants whose names are on the eligible list may request inactive status and their names shall be removed from the active eligible list. On notification, such names may be restored to the active eligible list for the remaining period of eligibility. Eligibility shall not be extended by reason of such inactivity. Section F: Requalification without Examination The eligibility of former or voluntarily demoted regular employees for placement on an eligible list without examination shall be termed requalification. Requalification is a privilege and is based upon past successful work performance. Employees who resign or are voluntarily demoted after acquiring regular status, may be re-qualified for placement on appropriate eligible lists. The eligible period for requalification begins immediately after the date of resignation or voluntary demotion and ends three years after the date of resignation or voluntary demotion. The period of eligibility shall be for the duration of the list and not exceed one year from the date of requalification. The Personnel Officer may determine whether or not to grant the former or voluntary demoted employees request for requalification based upon previous employment with the City and work performance rating equals or exceeds a grade of 80 on a scale of 100. If the request for requalification is approved, the placement on an eligible list shall be determined by the grade assigned by the former department head. Former employees whose records show excessive absenteeism may be considered for placement on the eligibility list only if the department for which they worked specifically concurs with requalification. RULE 5: CERTIFICATION Section A: Definition Certification is the process whereby available applicants are referred from an appropriate eligible list by the Personnel Officer to the department head for final selection and appointment. ---PAGE BREAK--- 21 Section B: Requests for Certification The department head shall request certification by submitting the appropriate form. Upon receipt of this form the Personnel Officer shall certify persons from the appropriate eligible list in accordance with these Rules. If eligibles fail to report for their department scheduled interview, they shall be presumed to have declined the position for which the vacancy exists. At least three eligibles, including all members of protected classes certified by the Personnel Officer shall be interviewed and considered. Department heads shall be required to provide written justification for non-selection of protected class members. Section C: Appropriate List The Personnel Officer shall determine the appropriate list for each position based upon: 1. Classification of the position. 2. Special qualification required to perform the duties of the position. 3. Subdivision of the eligible list. With the consent of the department head and the Personnel Officer, eligible lists for a lower classification may be given preference in order to fill the position with a trainee or underfill if rationale is consistent with the City’s Equal Employment Opportunity Program, rehabilitation program or lay off avoidance program. Section D: Order of Preference Certification shall first be made from those candidates on lay off and downgrade lists and from candidates separated from City service on disability retirement and who have subsequently been granted requalification due to a determination that they are no longer incapacitated. All such former employees shall be assured the right of an interview prior to the final selection and appointment to the position. Certification may then be made from other established eligibility preference for referral from the eligible list shall be as follows: 1. Promotional List: Referrals shall be made from the top four eligibles based on attained score or qualification rating, plus one for each vacancy, and any ties thereof. 2. Open List: Referrals shall be made from the top nine eligibles based on attained score or qualification rating, plus one for each vacancy, and any ties thereof. In addition, any regular employee who has submitted a written request for transfer or voluntary demotion and any employee on leave of absence without right to return may be referred for all regular openings for which they have been determined qualified by the Personnel Officer, along with those applicants certified above. ---PAGE BREAK--- 22 Section E: Selective Certification Whenever the possession of a specialized skill, knowledge or ability will enhance efficiency or promote better public service, the Personnel Officer may restrict certification to those persons who possess such skill, knowledge or ability. Section F: Insufficient Names When an eligible list contains fewer than three available names, the department head may elect to: 1. Make an appointment from those certified, or; 2. Accept certification of additional names from the most nearly appropriate list as determined by the Personnel Officer, or: 3. Make a provisional appointment and request that additional eligibles be submitted, or: 4. Call for a new examination. In the absence of names on the eligible list, the Personnel Officer may refer any person for a provisional appointment pending the establishment of an eligible list. Only those who meet the job requirements shall be referred. Section G: Use of Other Lists The Personnel Officer may certify an eligible applicant to a position in a lower or equivalent classification with similar duties and responsibilities. Acceptance of the certification shall not deprive the eligible applicant of certification rights on the original, higher list. Section H: Departmental Objection The department head may file written, job- related objection to any person certified. Such objection shall contain the reasons for the department’s rejection and the objection shall be sustained only with the approval of the Personnel Officer. Section I: Finding of Insufficiency A department head, after having considered all eligibles and having interviewed at least three eligibles, all members of protected classes, and all preferred candidates certified by the Personnel Officer, may file in writing with the Personnel Officer a finding of insufficiency. If the Personnel Officer approves this finding, a second list of eligibles will be referred from the next qualification tier based on attained score or rating. ---PAGE BREAK--- 23 RULE 6: ASSIGNMENTS AND SEPARATIONS Section A: Transfers, Voluntary Demotions and Job Changes Transfers, voluntary demotions and job changes are used to retain employees or to change assignments as needed in the best interest of the City. In addition, such actions are used for proper placement of personnel and for employee development. Section B: Definition of Voluntary Demotion A voluntary demotion is the appointment of an employee from an incumbent position to a position in a different classification for which the maximum rate of pay is lower and where the employee has voluntarily requested or agreed to such appointment. At the request of the department head, the Personnel Officer may waive the probationary period for the demoted class if determination is made that an employee’s service in the higher classification qualifies the employee for performance in the demoted class. Section C: Definition of Transfer/Reassignment A transfer is the appointment of an employee, with regular status in their current classification, from a position under one department head to a position in the same classification under another department head. A transferred employee may be required to serve a new probationary period. If such a transferred employee fails probation they shall be terminated. Reassignment in the same class within the same department does not constitute a transfer. Section D: Transfer/Voluntary Demotion Procedures Employees may submit written requests for transfers or voluntary demotions to the Personnel Officer. Names of employees on transfer lists may be referred to departments along with other eligibles. Names of employees on voluntary demotion lists may be referred if the Personnel Officer, in consultation with the affected Department head, has determined there is evidence of the employee’s ability to perform competently in the lower classification or if the employee has held regular status in that lower classification. With the consent of the affected employee and the Personnel Officer, two departments may initiate and agree to the transfer or voluntary demotion of an employee. Section E: Job Changes A job change is the appointment of an employee with regular status from a position in one classification to a position in another like classification at substantially the same rate of pay. There must be evidence of the employee’s ability to perform competently in the new position. All job changes require the approval of the Personnel Officer. Such employees retain regular status in the previous classification but may be required to serve a probationary period in the new class. When more than one department is involved, the approval of both department heads shall be required. Inter-department job changes for probationary employees may be arranged with the approval of the interested department heads and the Personnel Officer. An ---PAGE BREAK--- 24 inter-department job change during a probationary period shall initiate a new probationary period unless specifically modified by the personnel officer. If a job change employee fails probation they shall be terminated. Section F: Automatic Resignation An employee absent without approved leave for three consecutive work days, who fails to notify their immediate supervisor and provide an acceptable reason for the absence to the department head, shall be considered to have automatically resigned as of the last day on which the employee worked, unless the department head or the City Administrator approves leave with or without pay to cover the absence. Prior to severing a regular employee from City service, the department head shall prepare and serve a written notice to inform the regular employee of the proposed action; the facts upon which the proposed action are based; and a notice of the right to be heard as set forth in Rule 9 below. Section G: Resignation An employee wishing to leave City service in good standing shall file a written resignation with their department head. Employees shall give at least two weeks’ notice of intention to leave the City unless the department head consents to the employee leaving sooner. Written resignations shall be immediately forwarded to the Personnel Officer. The filing of the written resignation with the department head shall be deemed the official notice and once accepted in writing by the department head, may not be withdrawn by the employee without the consent of the department head. Resignations are not subject to review or appeal except when obtained from an employee with regular status by fraud, duress or coercion. An employee alleging that the employee’s resignation is obtained by fraud, duress or coercion may appeal the resignation to the City Administrator within ten (10) work days of the employee’s submission of the resignation to the department head. At any such hearing before the City Administrator, the employee shall have the burden of proof to establish by clear and convincing evidence that the resignation was obtained by fraud, duress or coercion. A resignation may only be set aside by the City Administrator if the employee meets the above established burden of proof. If the employee disagrees with the decision of the City Administrator, they shall have a right to pursue an opportunity to be heard pursuant to the provisions of Rule 9 of these Personnel Rules and Regulations. RULE 7: CLASSIFICATION Section A: Classification Plan All positions shall be part of a classification plan, established by the City Council, which provides for the grouping of positions into a system of classes, class specifications, and rules and procedures which provide for maintenance of the plan. The classification plan shall be the basis for selection, compensation, training, promotion, and demotion, reduction in force, reemployment and related issues. ---PAGE BREAK--- 25 Section B: Definition All positions are allocated to a classification (class) based upon, but not limited to: an analysis of the duties and responsibilities performed, supervision received or exercised, organizational considerations, and the qualifications necessary to perform those duties. The class may include one or more positions. New classes and appropriate salaries are recommended by the appropriate authority (see Section G) and approved by the City Council. Section C: Class Specification Class specifications are the official description of the duties, responsibilities and supervisory relationships of a class. Class specifications shall be written and maintained by the Personnel Officer for all positions in the City. Specifications shall include an appropriate title, a general definition of responsibilities assigned, characteristics of the class family, description of the typical duties and responsibilities, and the qualifications required for successful performance. Until a specification is written and approved by the City Council, an examination announcement shall serve as the written classification specification. A class specification is not a job description, the latter being the description of duties performed by a specific position within a class of similar positions. Section D: Classification Series A Series consists of a grouping of two or more classes performing similar work but at different levels of responsibility, difficulty and pay. A flexibly staffed series allows for promotion without examination from one level to the next upon department head recommendation and Personnel Officer approval. Section E: Position Authorization Positions are authorized as regular, grant funded, or relief based upon the following criteria: 1. Regular Position: Regular positions are authorized by the City Council and may be budgeted at either a full time or part time level. Employees in regular positions gain regular status pursuant to the provisions of these Rules and upon satisfactory completion of the required probationary period. 2. Grant Funded Position: Grant funded positions are created under the terms of an awarded grant and authorized by the City Council. Grant funded positions are created by the grant and terminate when the grant expires. 3. Relief Positions: Relief positions are authorized by the City Administrator. These positions are created for a limited period to cover unanticipated workloads, emergency, extra workloads of limited duration, necessary vacation relief, sick leave and other situations involving a fluctuating staff. All relief positions serve at the pleasure of the department head and require classification by the Personnel Officer prior to appointment. ---PAGE BREAK--- 26 Section F: Maintenance of the Classification Plan The Personnel Officer shall be responsible for the classification investigation of all positions in both the classified and unclassified service. Classification review of positions may be conducted through the following types of classification studies:  New position studies  Special studies  Job family studies  Reorganization studies All requests for classification study shall be accompanied by a job description questionnaire, completed by the employee and approved through their chain of command. Job description questionnaires for vacant positions shall be prepared by the first line supervisor. Section G: Classification Review Procedures 1. Job Family Review Procedures: Job families may be reviewed on a systematic basis and shall be studied pursuant to any applicable provision of the personnel rules. Upon completion of a job family study, recommended classification concepts, allocations, assignments, and new salary recommendations shall be submitted by the Personnel Officer to the City Council for review, adoption, and resolution of appeals, if any. 2. New Position Review Procedures: Before a newly budgeted regular position is approved by the City Council, the department head shall submit a request for classification of the new position to the Personnel Officer. Requests shall contain a description of the duties and responsibilities of the new position. The Personnel Officer shall report classification recommendations to the department head who shall report the recommendations on classification and salary to the City Council. 3. Reorganization and Special Unit Study: a. Reorganization Studies: Whenever a department or unit thereof is proposed to be substantially reorganized, classification allocation of positions within the department or unit may be reviewed with the department head and a determination made as to the need for classification review and investigation. Except for reorganizations processed as a part of the normal budget process, reorganization studies require the prior approval of the City Administrator. As a result of any reorganization study employees with regular status shall be placed in equivalent classifications within the affected department if positions are available. If a change in classification allocation of a position results due to the reorganization, rules on upgrades and downgrades shall apply. When reorganization results in a surplus of employees or an employee fails to meet the required job standards and qualifications resulting from the reorganization, provisions governing lay-off shall apply. Whenever positions are transferred from one department head to another without significant change in duties, employees with regular status shall retain rights to such positions. ---PAGE BREAK--- 27 b. Special Studies: Special studies include exceptional situations such as the need for improved career ladders, unique recruitment needs, gradual departmental restructuring of duties or legal or contractual mandates. c. Requests for Approval of Special Studies: Requests for special classification studies may be filed by regular employees, or the City Administrator. All such requests shall be submitted to the Personnel Officer for review and determination of whether or not a study is warranted or feasible. No study shall be conducted unless the study initiator can demonstrate that: i. The position has substantially changed since the last review; ii. The duties, tasks or responsibilities of the position are no longer substantially described by the classification specifications; or iii. Changes in technology or organizational relationships dictate a change in classification concepts. d. Recommendation of Authorized Reorganization or Special Studies: After conducting a classification analysis of the positions authorized for an approved study, the Personnel Officer will notify the department head and the study initiator and the recognized employee organization of the recommended classification allocation. Recommended allocations shall be submitted to the City Council and will become effective only upon City Council approval. Recommend allocations resulting from reorganization studies shall be reported to the City Council by the affected department head and recommended allocations resulting from special studies shall be reported by the Personnel Officer. e. Report and Recommendation: Based upon an approved reorganization or special study request, a classification report shall be prepared within ninety (90) calendar days from the date of the initial request received by the City Administrator. Section H: Classification Appeal Procedure All classification allocation appeals will be directed to the City Administrator. Appeals of recommend allocations may be filed through the department head by incumbents of the affected positions. The burden of proof of any classification appeal rests with the appellant to establish why the recommended allocation is not an appropriate allocation. The content of and decision on classification appeals shall be restricted to consideration of the recommended and the requested classification. All classification appeals shall be limited to a discussion of duties and responsibilities performed at the time the position was studied. In the event an appellant disagrees with City Administrator’s decision the appellant may Schedule and present his/her case to the mayor. Notwithstanding any other provisions of these rules, the decision of the mayor on the final classification allocation shall be final and binding. Section I: Results of Classification Studies 1. Upgrading: A change in the title of a position accompanied by an assignment of the position to a classification at a higher salary range/rate constitutes an upgrading. ---PAGE BREAK--- 28 Incumbents are not automatically promoted to the upgraded position, but must compete through a promotional examination and appointment process, unless the process is specifically waived by the City Council as outlined below. The examination process may be waived by the City Council and the employee promoted to the upgraded position only under either of the following conditions: a. The position upgrading has resulted from a job family classification study and promotion of the employee is recommended by the department head and determined qualified by the Personnel Officer. b. The upgrading has resulted from an incremental change in duties and the employee has been in the position at least twelve (12) months and during that time has performed the new grade-determining duties. In all other cases, upgraded positions are to be filled by examination. Employees promoted to an upgraded position shall be required to serve a probationary period in the new classification. Employees not appointed to the upgraded position retain status in their current classification and may request a transfer to a vacant position in their current or equivalent classification, be retained in the position as an underfill, or be laid off according to the provisions of these rules. Where vacant positions are not available to accommodate a transfer request, employees may request a voluntary demotion to a vacant position. 2. Downgrading: A change in the title of the position accompanied by an assignment of the position to a classification with a lower salary range/rate shall constitute a downgrading. When an employee with regular status occupies a position which has been downgraded, the employee shall be placed on an eligibility list for any other classification equivalent to their former classification, as determined by the Personnel Officer, in the inverse order of seniority for a period of one year. Employees on this list will be entitled to an interview for any vacancy in said classification for that one-*year period. Employees appointed from this eligibility list shall retain the service status they held in their classification at the time of the downgrading. Employees with probationary status when downgraded shall be credited for time completed in their probationary period. Section J: Technical Title Change Change in the title of a position without any change in salary range or substantial change in duties or requirements constitutes a technical title change. Technical title changes shall become effective upon the Personnel Officer’s approval. ---PAGE BREAK--- 29 RULE 8: WORK PERFORMANCE EVALUATION Section A: Purpose The purpose of a work performance evaluation is to provide a systematic method of measuring, recording and improving the work effectiveness and development of all City employees with regular status in their current classification. Work performance evaluations are to; Improve employee performance, Define employee responsibilities, Clarify expected results, Provide an avenue for employee development. They are supportive and corrective and may reveal work inefficiencies that require corrective or disciplinary action. Also, the evaluation may lead to additional personal development/training, compensation, and promotions. Section B: Standards City employee requires establishment of measurement standards for both conduct and production. The employing department is responsible for Production standards, and conduct standards, Production standards refer to work achievement required for an individual job. Conduct standards refer to acceptable behavior and enforcement and are concurrent with these Rules and department standards. Conduct standards may be established by the State, City, or employing department and may be expressed in law, rules, regulations, policy or generally accepted practices. Section C: Departmental Responsibility It is the duty of the departments to accurately define performance. Then evaluate and document the work accomplishments and conduct of employees, to inform employees of their evaluations in writing, and to assist employees in improving work effectiveness through mutual goals. Section D: Employee Responsibility It is the responsibility of the employee to meet and to strive to exceed the minimum standards established for work accomplishment and conduct, to strive to improve work effectiveness, and to perform at highest competency levels. Section E: Evaluations A systematic method of periodic evaluations of employee’s performance through performance and conduct measurements shall be established. Such evaluations shall be made at least annually and whenever needed to maintain a record of the employee’s work performance. The evaluations shall include the following elements: 1. A written record to be reviewed and acknowledged in writing by the employee. No change shall be made after review and acknowledgement. ---PAGE BREAK--- 30 2. A copy for the employee. 3. An evaluator and at least one reviewing official, except for evaluations of department heads and assistant department heads or when the evaluator is the department head. The evaluator shall be the employee’s immediate supervisor. 4. A discussion of the contents of the performance evaluation between the evaluator and the employee should do the following:  Follow-up, review, and track past performance  Provide feedback (positive and negative)  Allow employee to self-report  Provide reinforcement & support  Set mutual performance goals 5. A provision whereby an employee may submit a written answer or exception to any evaluation or statement made on the evaluation which must be filed with the evaluator and forwarded to the department head. Such answer or exception must be acknowledged by the department head and shall become an official part of the evaluation. Increase in wages are determined by the department head after review of the evaluation. An evaluation does not cause an immediate change in wages. Work performance evaluations are not subject to appeal. Section F: Use Evaluations of work performance and contribution shall be considered for all relevant personnel actions and shall be reviewed for training and other personnel management needs. An overall evaluation of “Meets Job Standards” or higher will satisfy the requirement for certification and recertification of competency which may be required by these Rules. The annual Department Performance Contribution Report may be used to show any interested parties the department’s accomplishments for that year. Section G: Records Each department shall keep the work performance evaluation in a confidential personnel file. All copies of performance evaluations, documents and commendation or penalty or anything else that has a bearing on employment status shall be forwarded to the City Administrator which may only then be considered part of the employee’s official record. Work performance evaluations, documents of reprimand or penalty or any other record or document that has a bearing on employment status may be removed from an employee’s official personnel file only upon request of the employee and approval by the department head and the Personnel Officer. Material so removed shall be given to the affected employee. ---PAGE BREAK--- 31 RULE 9: DISCIPLINARY ACTION Section A: Definition All City of Burley employees are “at will” employees and may be dismissed or terminated at any time without cause. Regular Employees may also be dismissed or terminated for cause. Rule 9 applies to discipline or termination for cause. This policy is not a progressive discipline policy. Employees may be terminated for cause for 1 violation of these rules. The following constitutes the appropriate procedures for taking disciplinary action against a regular employee for cause. Disciplinary action means an action taken by the City resulting in a letter of reprimand, dismissal, suspension without pay, reduction in salary step for a specified time period, probation or demotion of a regular employee. These procedures are directory in nature and minor variations of the processes set forth herein shall not affect the validity of any actions taken pursuant to this policy. For the purposes of Rule 9, the City Clerk, City Attorney, Library Director, City Administrator, and elected officers, are not a regular employees. Section B: Cause(s) of Action An employee with regular status with the City may be disciplined for cause. The following are declared to be causes for action although charges may be based upon causes other than those listed herein: 1. Omission or willful misrepresentation of a material fact or other fraud in securing employment including, but not limited to, the following: a. Falsification of application for work; b. False information regarding driver’s license; or c. False information regarding professional licenses, credentials, or certificates; 2. Falsification of an official statement or document; 3. Failure to meet work performance standards and requirements; 4. Willful or negligent disobedience of any job-related law, ordinance, City rule, or departmental regulation or any superior’s lawful order. 5. Incompetence; 6. Inefficiency; 7. Inexcusable neglect of duties; ---PAGE BREAK--- 32 8. Insubordination; 9. Dishonesty; 10. Improper use of drugs or alcohol including, but not limited to, the following: a. In possession of, under the influence of, alcohol beverages, while at work or in City work areas; or b. In possession, in use, under the influence of, or trafficking in habit-forming drugs and/or narcotics while at work or on City property. The term “drugs” means controlled substance as defined in Idaho Code. 11. Unexcused absence from duty, including, but not limited to, participation in unlawful strikes or other job actions, such as sick-ins or slowdowns; 12. Conviction of felony or conviction of a misdemeanor involving moral turpitude; a plea or verdict of guilty, or a conviction following a plea of nolo contendere, to charge a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning this subsection; 13. Discourteous treatment of the public or other employees; 14. Working in an unsafe manner, not using safety equipment provided; 15. Misuse of City property or damage to City property resulting from misuse or negligence; 16. Inconsistent, incompatible, or conflicting employment activity or enterprise; 17. Violation of a department rule; 18. Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the City; 19. Sexual harassment; Zero Tolerance Policy. See Attachment 20. Failure to comply with any requirements of the Department of Transportation, Drug Testing Regulations; and 21. Confirmed failure of any drug test. 22. Failure to submit to or show up for a drug test. Section C: General Provisions ---PAGE BREAK--- 33 1. Except as otherwise provided, provisional, probationary relief employees and reserve firefighters may be dismissed, suspended, reduced in salary step for a specified time period, demoted or reprimanded without right to review or appeal unless otherwise required by law. 2. Disciplinary action may be taken against an employee by his or her department head, the city administrator and/or mayor. A department head should communicate with the city administrator before taking any disciplinary action unless immediate action is essential to avert harm to the City or the public. A department head should not take action against an employee for demotion with a reduction in pay, suspension without pay or dismissal from employment unless the department head has first informed the city attorney of the proposed action. For the purposes of this Rule 9, designated officials are those designated by the mayor. The mayor may also designate himself. 3. The Burley Firefighters have entered into the IAF AFL-CIO Burley Firefighters Local #3308 Collective Bargaining Agreement which expires September 30, 2020. The provisions of said Agreement, and any Agreement replacing said agreement in the future, control over any conflicting provisions of these Personnel Rules and regulations. The provisions of this Rule 9 apply to the Burley Firefighters as described in the Agreement. 4. For any other employee employed by written contract, the terms of the written contract shall control over any conflicting provisions of this Rule 9. If a procedure is provided in the written contract for disciplinary action or termination of employment, then the procedures required in this Rule 9 do not apply to contracted employees unless referenced in the written contract. 5. Any dismissal procedures set forth in the Idaho Code for elected officials, City Clerk, City Attorney, Library Director and City Administrator shall control over the provisions of this Rule 9. If a procedure is provided in the Idaho Code for termination of employment, then the procedures for termination of employment for cause set forth in this Rule 9 will not be required for termination for cause of the elected or appointed employee. 6. Termination of employment of returning veterans is subject to the provisions of The Uniformed Services Employment and Reemployment Rights Act and other applicable provisions of Idaho State law. Section D: Opportunity to be Heard Concerning Proposed Discipline When it is proposed that disciplinary action for cause be taken, the personnel policy of the City establishes the right of regular employees (but not reserve firefighters, independent contractors, probationary employees, provisional employees, seasonal employees, temporary employees or legal counsel for the City) to be heard in the event of contemplated demotion with a reduction in pay, suspension without pay or dismissal from employment. The opportunity to be heard is designed to be informal allowing the employee to discuss with his/her ---PAGE BREAK--- 34 department head, the City Administrator, mayor, or other designated official (at the employer’s discretion) the facts surrounding the proposed disciplinary action and to provide any additional documentation that the employee believes would be helpful in explaining his/her actions, attitude or behavior. The following steps should be followed by the department head or other official initiating the proposed action; 1. The employee shall be provided with a written notice of the reasons for the proposed personnel action that would affect him/her, along with an explanation of the City’s supporting information and the proposed personnel action. The written notice may be personally served or mailed to the employees last known address by United States certified mail. 2. The written notice will include a date, time and place for the employee to be heard to discuss the proposed personnel action. 3. The notice should state whether the employee is being placed on suspension pending the outcome of the opportunity to be heard, and whether any such suspension will be with or without pay. 4. If the employee is unable to participate in the scheduled opportunity to be heard, s/he may request an alternate date and time. Any approved alternate date that falls after the scheduled date and time may be without pay, if any has been provided by the City. 5. The employee must notify his/her department head or other official initiating the propose action within three business days of the date that the notice was served or delivered that he/she desires to be heard as scheduled in order to discuss the reasons for the proposed personnel action. If notice of acceptance of the opportunity to be heard is not received within three business days, the opportunity to be heard will be vacated and deemed waived. 6. As an alternative to an opportunity to be heard, the employee may choose to provide a written response to the basis for the proposed personnel action. This written response must be submitted no later than the scheduled date and time initially set for the opportunity to be heard. 7. The opportunity to be heard, if chosen, will last no longer than one hour, unless otherwise approved by the department head or other official initiating the proposed action, and will be limited to discussion of the issues contained in the notices and to any allegations by the employee of unlawful discrimination in employment. The employee will be permitted to present his/her position with respect to each matter identified in the notice and/or offer information in mitigation of any disciplinary action. The employee shall not be entitled to a formal hearing with examination of witnesses, but he/she may present his or her own oral statements and written statements of any witness and other documentary material. ---PAGE BREAK--- 35 8. The employee will not be prohibited from having an attorney assist him/her at the employee’s own expense. The employer may also have assistance of an attorney. 9. The employer may ask the employee questions for clarification purposes should that be necessary during the discussion. 10. The employee shall not have the opportunity to question the supervisor or department head, unless the supervisor or department head introduces a new basis for the personnel action during the discussion. 11. The Idaho Rules of Evidence shall not apply to the opportunity to be heard. 12. Unlawful discrimination allegations must be raised during this process, or they will be deemed waived by the employee. 13. The employer will render a written decision after considering employee’s responses, if any, to the allegations set out in the notice. The written decision will: a. Uphold the proposed disciplinary action; b. Notify the employee that the prosed disciplinary action will not be imposed; c. Impose a lesser disciplinary action; or d. Amend the charges. In the event the department head substantively amends the intended charges or proposes an increased punishment, he shall give another notice as provided in paragraph 1 of this Section D. 14. FAILURE TO PARTICIPATE IN THIS OPPORTUNITY TO BE HEARD ALLOWED HEREIN SHALL CONSTITUTE A FAILURE TO EXHAUST ADMINISTRATITVE REMEDIES UNDER THIS POLICY. Section E: Appeal of Decision Imposing Demotion with a Reduction in Pay, Suspension Without pay or Dismissal from Employment An employee who participated in a pre-disciplinary hearing as described in Section D above who is not satisfied with the outcome of said hearing, may file a written appeal of the decision. The written appeal must be filed with the City Administrator within seven calendar days after receiving the decision of discipline. The written appeal shall contain an answer to each charge or allegation made by the employer. The appeal shall be heard by the city administrator or other designated official. The following steps should be followed by the city administrator or other designated official; 1. The employee shall be provided with a written notice of the date time and place of the hearing. The hearing may be postponed by the hearing official upon a showing of good cause by either party. The written notice may be personally served or mailed to the employee’s last known address by United States certified mail. ---PAGE BREAK--- 36 2. If the employee fails to appear at the appeal hearing the hearing will be vacated and deemed waived. 3. The employee shall have the right to be represented by an attorney and to present evidentiary facts. The hearing official may at any time exclude any person who may be a witness in the case under consideration, with the exception of the employee and the departmental representative. 4. The hearing shall be informal and the hearing official shall not be bound by the rules of evidence governing trial procedure in State or Federal Courts. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing other evidence; however, it shall not be deemed sufficient in itself to support a finding unless it would be admissible over objection in civil actions. 5. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. 6. In arriving at a decision, the hearing official may consider any prior City disciplinary action including any relevant letters of reprimand filed with the Personnel Officer. The hearing Official shall make an official decision either affirming, modifying or revoking the previous decision. The decision shall contain findings of fact which may be stated in the language of the pleadings or by reference thereto. A copy of the written decision of the hearing official shall be served on the employee by personal service or by certified U.S. mail. 7. FAILURE TO PARTICIPATE IN THIS APPEAL HEARING ALLOWED HEREIN SHALL CONSTITUTE A FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES UNDER THIS POLICY. Section F: Opportunity to be Heard – Assertions of Unlawful Discrimination and “Name- Clearing Hearing” This policy establishes an opportunity to be heard in the event of a discharge or demotion with a reduction in pay; and 1) the employee asserts that the discharge or demotion is actually the consequence of alleged unlawful discrimination by the City or 2) if the allegation involves dishonesty, immorality or criminal misconduct that would entitle the employee to a “name- clearing hearing.” Cox v. Roskelley, 359 F. 3d 1105 (9th Cir. 2004).” Unlawful discrimination addresses actions that are alleged to involve decisions based upon age, sex, race, religion, national origin or disability that is not a bona fide occupational qualification. Issues of job performance or employee attitude are not the proper subject of this opportunity to be heard. The City does not condone discrimination on the basis of the ---PAGE BREAK--- 37 foregoing unlawful categories. FAILURE TO SEEK AN OPPORTUNITY TO BE HEARD PURSUANT TO THIS POLICY SHALL CONSTITUTE A FAILURE TO EXHAUST REMEDIES UNDER THIS POLICY. Any employee entitled to an opportunity to be heard as a result of a disciplinary action that concerns job performance or behavior must raise allegations of unlawful discrimination or the need for a “name-clearing hearing” in the course of that disciplinary process, with such issues to be addressed as provided by this section of the policy. When the employee asserts an allegation of unlawful discrimination or the need for a “name- clearing hearing,” the elements of procedure to be followed and undertaken at the direction of the City Administrator or other designated official, unless the name clearing hearing is combined with the appeal hearing described above or unless waived by the employee, are as follows: 1. The employee may, within fourteen (14) days of his/her termination or demotion, submit to the City Administrator a written allegation of unlawful discrimination or a request for a “name-clearing hearing,” stating with particularity the basis for the requested opportunity to be heard. Complaints filed untimely or failing to state a particular, legally recognized basis for this opportunity will not be heard. 2. The opportunity to be heard with regard to the employee’s allegations shall be provided after receipt of a properly documented request. 3. An employee alleging unlawful discrimination or entitlement to a “name clearing hearing” shall be allowed one hour, unless otherwise approved by the designated official, to meet and discuss the allegations with the City Administrator or other designated official. 4. There shall be a record maintained, including a tape recording, of the discussion that constitutes the opportunity to be heard. 5. The employee’s supervisor, to the extent of his/her knowledge, may be required to provide a brief, written statement in response to the particular allegation of discrimination or “name-clearing” request. The designated official may request that the employee’s supervisor and other witnesses participate in the discussion. 6. The employee will not be prohibited from having an attorney assist him/her at the employee’s own expense. 7. The employee will be allowed to present oral testimony (or provide written statements) concerning evidence upon which the alleged discrimination or “name-clearing” is based. 8. The official may ask the employee’s witness’s questions for clarification purposes should that be necessary during the discussion process. 9. The employee shall not have the opportunity to question any participants during this process, but may submit written questions for the official to consider. ---PAGE BREAK--- 38 10. The Idaho Rules of Evidence do not apply to this opportunity to be heard. After the conclusion of the discussion, the City Administrator or other designated official will be considered the information submitted and such other information as might be in the city’s records to arrive at a decision concerning the employee’s allegations. Said decision shall set forth the reasons for the determination in writing. If as a result of this opportunity to be heard, the City Administrator or other designated official finds fault with the basis for the City’s action, remedial action may be prescribed, including restoration of employment and payment of back pay. Section G: Letter of Reprimand A Letter of Reprimand is considered to be a disciplinary action. Any employee receiving a Letter of Reprimand may respond in writing to the Letter of Reprimand within thirty (30) calendar days from the date that the Letter of Reprimand is received. The employee’s written response shall be attached to the Letter of Reprimand and placed in the employee’s personnel file. Sections D and E of this Rule shall not apply to letters of reprimand. The Letter of Reprimand shall not be appealable. Section H: Disciplinary Action – Immediate Suspension The department head may suspend an employee without prior notice if immediate suspension is essential to avert harm to the City or to the public. In such case, if the suspension is without pay, the notice of suspension shall inform the employee of his or her right to be heard and appeal that shall follow the procedures outlined in Section D and E of this Rule. RULE 10: DISMISSALS WITHOUT CAUSE Notwithstanding any other provision of these rules all employees of the City of Burley, including “regular employees” are and, at all times, shall be “at will” employees. Any and all employees may be dismissed at any time without cause and without notice. Unless specifically designates as “for cause” all terminations shall be “without cause.” RULE 11: COMPENSATION PREAMBLE It is the purpose of this section to set forth the wages, hours and other terms and conditions of employment for employees of the City of Burley. 1. Salary Adjustments The following base pay ranges and rates shall be applicable on the dates indicated for classifications in this section commencing upon adoption. ---PAGE BREAK--- 39 Classification Grade City Administrator 55 Electrical Department Superintendent 53 Water Superintendent/City Engineer 51 Wastewater Director 47 Superintendent Golf & Parks 46 Fire Chief 45 Library Director 45 Building – Community Services Director 44 Fleet Equipment Manger 44 Street Operations Manger 44 City Clerk 44 HR Manager 43 Sanitation Manager 42 Cemetery Superintendent 41 Wastewater Treatment IV 39 Electrician Electrical Inspector & Meterman 39 Wastewater Instrumentation Technician 38 Water Responsible Charge Operator 37 Wastewater Inspector Plumber 37 Economic & Community Development 35 Administrative Assistant/HR 35 Water Back-Up Operator 33 Sanitation Assistant Supervisor 33 Street Lead Worker 33 Electric Electrical Foreman 33 Wastewater Treatment III 32 Wastewater Pretreatment Coordinator 32 Building – Maintenance 31 Assistant Library Director 30 Payroll Clerk 30 Billing Technician 30 Golf Assistant Superintendent 30 Electric Journeyman Lineman 30 Accounts Payable & Receivable 30 Water Distribution 3 29 Parks Foreman 29 Water Distribution 2 28 Wastewater Collections IV 28 Wastewater Maintenance Tech 27 GIS Specialist 27 Fleet Equipment Mechanic II 27 Wastewater Collections III 27 Wastewater Treatment II 25 ---PAGE BREAK--- 40 Fleet Equipment Welder/Mechanic I 25 Wastewater Lab Analyst II 24 Water Distribution 1 23 Wastewater Collections II 23 Wastewater Lab Analyst I 21 Wastewater Collections I 20 Wastewater Treatment I 20 Sanitation Truck Operator 20 Street Equipment Operator 20 Wastewater Lab Tech/Pretreatment Assist 20 Department Secretary 20 Animal Control 18 Wastewater Operator Apprentice 17 Electric Apprentice Lineman 17 Account Clerk I 16 Sanitation Back Up Operator 16 Water Operator Apprentice 16 Librarian Young Adult 16 Children’s Librarian Position 16 Disconnect/Reconnect 16 Cemetery Labor 15 Library Assistant 2 13 Street Sweeper Operator 13 Clerical/Receptionist 9 Library Assistant 1 8 Library Intern 3 2. For purposes of this section, base pay range shall mean the pay range assigned to a specific classification. Paid time shall be based upon the base pay rate with the computation rounded to the nearest cent. Overtime Policy. It is the policy of the City of Burley to discourage overtime except when necessitated by abnormal or unanticipated workload situations. It is the responsibility of the department head to arrange for the accomplishment of workload under their jurisdiction within the normal tour of duty of employees. Each department shall keep complete and accurate records of all overtime earned in every pay period. The City has the right to require overtime to be worked as necessary. Prior to requiring overtime, the department head or designee shall solicit qualified volunteers from within the department. To the extent possible, overtime will be distributed equitably amongst qualified employees within the department. Definition. Overtime is defined as hours actually worked in excess of forty (40) hours in a workweek. Paid leave shall not be considered as time actually worked for purposes of ---PAGE BREAK--- 41 computing overtime. Overtime shall be reported in increments of full fifteen (15) minutes & is non-accumulative and non-payable in units of less than fifteen (15) minutes. Overtime shall not affect leave accruals. Overtime Compensation. Any employee authorized by the department head or authorized representative to work overtime shall be compensated at premium rates, i.e. one and one-half (1 ½) times the employee’s regular hourly rate of pay. The Department Head or Supervisor shall first assign overtime to be compensated as compensatory time off (CTO). CTO shall be credited at time and one-half. No more than forty (40) hours shall be accrued. When the employee reaches the forty (40) hour maximum additional overtime worked shall be compensated in cash. If an employee draws down his or her CTO balance, additional hours may be accrued until the forty (40) hour maximum is reached. Compensating time off may be taken at the request of the employee and with the approval of the department head or designee. Compensating time off will be taken in straight time hours. Prior to the transfer and/or promotion of an employee, all compensating time off shall be taken or paid at the employee’s then current base hourly rate. Flexible Work Schedule. Flexible work hours during the employees’ standard tour of duty will be allowed only by the Department Head. Department heads have the exclusive authority to set Departmental policy regarding the starting and stopping of work hours for employees working a flexible work schedule. Workweek. The workweek for purposes of overtime is 5:01 p.m. Friday to 5:00 p.m. the following Friday. Department heads and individual employees may agree to modify the workweek in order to facilitate flexible work hours. 3. Pay Differential Reserved 4. Retention Incentive Pay Employees in regular positions having completed ten (10) continuous years of City employment shall be granted retention incentive pay. Retention incentive pay shall be paid at the rate of Twenty Dollars ($20.00) per pay period for each pay period worked. Employees in regular positions having completed (17) continuous years of City employment shall be granted retention incentive pay. Retention incentive pay shall be paid at the rate of an additional Twenty Dollars ($20.00) per pay period for each pay period worked. 5. On-call Pay Employees who are released from active duty but are required by their departments to leave notice where they can be reached and be available to return to active duty when required by the department, shall be assigned to on-call duty. While on on-call duty, an employee shall be free to use the time for his or her own purposes. ---PAGE BREAK--- 42 On-call duty requires that employees so assigned shall: leave a telephone number where they can be reached or wear a communicating device; and be able to respond to duty within a reasonable period of time. On-call time shall not count as hours worked. Assigned personnel shall receive on-call pay in the amount of eighty-five dollars ($85.00) per week. 6. Call Back When an employee returns to active duty and the work station at the request of the department head after said employee has been released from active duty and has left the work station, said employee shall be entitled to call-back compensation. Special tours of duty scheduled in advance (24 hour notice) or when employees are called back within two hours of the beginning of a scheduled tour of duty are not call-back hours for purposes of this section. An employee need not be assigned on call to be entitled to receive call-back compensation. Call-back compensation shall be paid in the following manner: The employee shall be paid for two hours at straight time rates for each call- back occurrence; said compensation shall be in lieu of any travel time and expense to and from home and the first or last work contact point. Call back hours worked, beyond 2 hours, shall be reported in 15 minute increments. All time actually worked shall be considered as time actually worked for purposes of computing overtime. 7. Out of Class Pay Employees directed to continuously work in a vacant higher level regular position shall receive a salary rate increase to the higher level for the time actually worked in excess of one hundred twenty (120) hours. Such increases shall be determined as if the assignment had been a promotion. For purposes of this Section, a vacant position is defined as an authorized regular position that is unoccupied due to attrition or due to the incumbent being on an authorized regular position that is unoccupied due to attrition or due to the incumbent being on an extended leave of absence. Requests for higher compensation must be approved by the Personnel Officer. Such requests may only be approved upon certification by the department head that the assigned employee meets the minimum qualifications and is assigned and held responsible to fully perform the full scope of duties normally associated with the higher level position. 8. Merit Incentive Pay Reserved 9. Uniforms The City will pay for the cleaning of uniforms for Animal Control Officers. ---PAGE BREAK--- 43 10. Educational Reimbursement Reserved 11. Benefits All employees in regular positions budgeted for thirty-two (32) hours or more per week may be eligible to participate in the health and welfare benefits described in this section. The City agrees to make available the health and life insurance programs provided for employees as of March 1, 2013. The City may pay the premium for any such program for regular employees who meet the following criteria. To be eligible for this benefit, an employee in a regular position must: 1. Have completed 60 days of service from the first day of the month following employment with the City. The actual benefit is the City payment of the then current premium for the employee and dependents in the insurance program described above. The 60 day time limit will commence on the first day of the month following the date that the employee first reports to work. The City may provide any other insurance and benefit program(s), provided, however that the employee shall pay the entire premium for any such additional programs. The City agrees to provide the benefits described in this Section subject to carrier requirements and budgetary constraints. Selection of the insurance provider(s) and the method of computing premiums shall be within the sole discretion of the City. The City reserves the right to decrease the benefits described in this Section upon action of the City Council. 12. Cafeteria Plan Reserved A: Cafeteria Plan B: Cafeteria Plan Options C: Descriptions of Cafeteria Plan Options 1. Health & Welfare 2. Additional Insurance 3. Child Care 4. Cash 5. Other Pretax Payments ---PAGE BREAK--- 44 13. Retirement Contribution The City will pay the full employer’s contribution to the Public Employees Retirement System. Eligibility for retirement claims apply to any employee who works 20 hours per week. 14. Leave Provisions A: Holidays 1. Fixed Holidays. All employees in regular positions shall be entitled to the following fixed holidays:  New Year’s Day Martin Luther King, Jr. Day  Presidents’ Day Memorial Day  Independence Day Labor Day  Veterans’ Day Thanksgiving Day  Day after Thanksgiving Day Christmas Day 2. Floating Holiday. Reserved. 3. Employees in regular positions budgeted less than eighty (80) hours per pay period or job-shared positions shall receive fixed holiday accruals on a pro-rata basis. 4. If a fixed holiday falls on a Saturday the preceding Friday will be observed as the fixed holiday. If a fixed holiday falls on a Sunday, the succeeding Monday will be observed as the fixed holiday. 5. Whenever a regular employee is required to work on a holiday, that employee may receive overtime pay or holiday pay to be taken off as CTO. Holiday comp time will be accrued at the overtime rate of 1 ½. 6. Employees must be in a full paid status for a full shift the last scheduled work day before and the first scheduled work day after a fixed holiday to receive holiday pay, unless vacation has been approved prior to the holiday by the employees supervisor or department head. 7. Any holiday time accrued in excess of forty-eight (48) hours shall be lost. Upon termination or retirement employees shall be compensated for any unused accrued holiday time at the then current base hourly rate. 8. An employee who, by department mandate, is scheduled to work four ten (10) hour days shall be paid for the ten (10) hours they would have been otherwise scheduled to work if a recognized City holiday falls on a scheduled work day. An employee who voluntarily choose to work a four ten (10) hour day schedule shall only receive eight hours holiday pay if a recognized City holiday falls on a scheduled work day. ---PAGE BREAK--- 45 B. Vacation The following vacation accrual rates shall be established for regular employees: General Employees ANNUAL VACATION ACCRUAL RATE YEARS OF SERVICE 40 Hours 0-1 96 Hours 2-5 120 Hours 6-10 144 Hours 11-18 168 Hours 19+ General employees may not accrue vacation time in excess of 240 hours, except firefighters. If an employee is required to work due to unusual circumstances (pre- approved by the City Administrator) then that employee shall not lose any vacation time. The following rules and regulations are established for the administration of vacation benefits: 1. All vacation leave must be approved by the department head or designated representative. 2. Employees in regular positions shall accrue, on a pro-rata basis, vacation leave for completed pay periods. Such vacation leave shall be available for use on the first day following the pay period in which it is earned, provided the employee has completed one thousand forty (1040) hours of service from the employee’s hire date. Employees in regular positions budgeted less than eighty (80) hours per pay period or job shared positions shall receive vacation leave accumulation on a pro-rata basis. 3. No employee shall be permitted to take vacation in advance of accrual. 4. The minimum charge against accumulated vacation leave shall be fifteen (15) minutes. Vacation leave shall be compensated at the employee’s base hourly rate of pay. 5. An employee about to retire, or who is to be laid off, may utilize their accrual prior to the effective date of any such retirement or lay-off. In-lieu of such vacation the employee may elect a lump sum payment for accrued vacation time. All other employees shall be paid at their base rate of pay for all hours accrued at time of separation from the City. ---PAGE BREAK--- 46 6. When an employee is transferred from one City department to another, said transfer shall have no effect upon employee’s vacation benefits. 7. Employees may use up to two days of their accrued vacation in any one fiscal year for emergency leave provided that they notify the department authority prior to the start of the working day that the employee would be absent. 8. Employees may cash out up to five days (40 hours) of accrued vacation time when they take five days (40) hours of consecutive vacation days of leave. Any request to cash out vacation time must be made before the five days (40 hours) of vacation leave is taken. 9. Firefighters may cash out up to 48 hours of accrued vacation time when they take 48 hours of consecutive vacation leave. Any request to cash out vacation time must be made before the 48 hours of vacation leave is taken. 10. Any vacation time cashed out will be paid on the check for the pay period when the vacation leave was taken. Any vacation time cashed out will be deducted separately from the employee’s accrued vacation time. (i.e. If an employee takes 5 days of vacation leave and cashes out 5 days of accrued vacation time, a total of 10 days of vacation time will be deducted from the employees accrued vacation time.) C: Sick Leave 1. Definition. Sick leave with pay is an insurance program provided by the City for employees in regular positions to be granted in circumstances of adversity to promote the health of the individual employee. Sick leave is defined to mean the authorize absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease or for a medical, optical, or dental appointment. V. Sick leave may also be used to care for immediate family. Immediate Family means a spouse, son, daughter, mother, father, sister, brother, mother-in-law, father-in-law, grand-parent, grand-parent-in-law, brother-in-law, sister-in-law, grandchild, stepson, stepdaughter, foster child, foster parent, in loco parentis, or any relative living with the family. 2. Accumulation. Employees in regular full-time positions, except firefighters, shall accrue 8 hours sick leave for each month of service. Sick leave shall be available for use on the first day following the pay period in which it is earned, provided the employee has completed one thousand forty (1040) hours of service from the employee’s hire date. Employees in regular positions budgeted less than eighty (80) hours per pay period or job shared positions shall receive sick leave accumulation on a pro-rata basis. Sick leave shall be accumulative without limitation. ---PAGE BREAK--- 47 3. Compensation. Sick leave shall be compensated at the employee’s base hourly rate of pay. The minimum charge against accumulated sick leave shall be fifteen (15) minutes. When an employee is transferred from one department to another, the transfer shall have no effect on the employee’s sick leave accruals. 4. Administration Validation. It shall be the responsibility and duty of each department head to validate each request for sick leave and to allow sick leave with pay where the application is determined to be proper and fitting. Notice of Sickness. In twenty-four (24) hour departments, the department head or designee must be notified at least two hours prior to the start of the employee’s scheduled tour of duty of a sickness on the first day of absence. In other departments, the department head or designee must be notified within one- half (1/2) hour after the start of the employee’s scheduled tour of duty of a sickness on the first day of absence. It is the responsibility of the employee to keep the department head or designee informed as to continued absence beyond the first day for reasons due to sickness or occupational disability. Failure to make such notification may result in denial of sick leave with pay. Review. The City Administrator may review and determine the justification of any request for sick leave with pay and may, in the interest of the City, require a medical report by a doctor to support a claim for sick leave pay. Proof. A doctor’s certificate or other adequate proof shall be provided by the employee in all cases of absence due to illness prospectively when requested by the department head. Improper Use. Evidence substantiating the use of sick leave for willful injury, gross negligence, intemperance, trivial indispositions, instances of misrepresentation, or violation of the rules defined herein will result in denial of sick leave with pay. 5. Coordination of Benefits. Employees shall be entitled to fully coordinate their sick leave benefits with their Disability Insurance coverage and/or Workers’ Compensation benefits. 6. Sick Leave Payoff. At termination of employment an employee shall be compensated for accrued sick leave according to the current formula. The current formula is, Accrued sick leave minus 480 hours, the sum divided by 2. Total hours 600 -480 120 hours ---PAGE BREAK--- 48 120 hours Divided by 2=60 hours to be paid off However, in no event will the terminating employee be paid more than 120 hours of sick leave payoff. D: Management Leave Every exempt position shall be given 64 hours of management leave on January 1st of each year. This leave is in recognition of attendance at City Council meetings, hours worked beyond normal work hours, work during emergencies, and other work performed by exempt employees. This leave shall not be accumulated from year to year and shall not be cashed out at retirement or upon resignation. E: Leaves of Absence Without Pay 1. Leaves of Absence Without Pay. A leave of absence without pay may be granted for a period of not more than twenty-six (26) consecutive pay periods and may be granted to a regular employee for the reason of: Engaging in a relevant course of study which will enhance the employee’s value to the City; or Other appropriate nature as determined by the employee’s department head and approved by the City Administrator. 2. Administration of Leave of Absence without Pay Request. Leaves for purposes described in this Section may be granted for periods approved by the department head and City Administrator. A request for such leave must be in writing and requires the approval of the Department Head and the City Administrator. Return Rights. Leaves of absence without pay may be granted to a regular employee either with or without the right to return to classification. At the expiration of leaves without right to return, the employee must contact the Human Resources Office to have his/her name referred for a ninety (90) calendar day period to all job vacancies in the employee’s classification for reemployment without examination. Such an employee must be hired within this ninety (90) day period or be terminated. Leaves of absence without the right to return may be granted to probationary employees Benefits. When an employee is on such a leave of absence without pay or without right to return to classification, the employee shall accrue no employee benefits, no seniority, no time toward salary advancement, and shall apply the full premium of his/her health and welfare program prorated on a daily basis, if coverage is continued by the employee. If health and welfare is dropped during a leave of absence, the employee may be subject to restrictions imposed by the insurance carrier upon return. ---PAGE BREAK--- 49 F: Military Leave Any employee who is granted a military leave of absence to serve in the Armed Forces of the United States shall have his/her time as far as salary is concerned continued as if the person had remained on the city payroll. An employee must apply for re-employment within 90 days of discharge or before any statutory rights to re-employment expire. The person shall be reinstated from the military leave of absence at the same salary that he/she would have been eligible to receive had the employee not been granted the military leave of absence. Full time employees who are reservist, who leave for training or active duty may request leave without pay or use vacation or comp time. G: Jury Duty Leave Within the City. Any employee who is summoned for attendance to any court for jury duty or served with a subpoena to appear as a witness in any case shall be deemed to be on duty and there shall be no loss of salary proved, however, that any jury fees, witness fees, are waived by the employee. If jury or witness fees cannot be waived they must be paid into the City treasury. Outside the City. Any employee who is summoned for attendance to any court for jury duty or served with a subpoena to appear as a witness in any case shall be deemed to be on duty and there shall be no loss of salary provided, however, that any jury fees or witness fees received by the employee shall be paid into the City treasury. Employees may keep any mileage reimbursement, unless a City owned vehicle was used for such transportation. Return to Work. Any employee who is summoned for attendance to any court for jury duty or served with a subpoena to appear as a witness in any case, within the City, shall be allowed one – half (1/2) hour prior to the beginning of that day’s jury duty and one- half (1/2) hour after being released from that day’s jury duty for travel to and from the work site. Request for exceptions may be made to the employee’s immediate supervisor. Any work time unaccounted for may be allocated to an employee’s earned leave provided, however, that the employee secures the prior written approval of their immediate supervisor. Request for exceptions may be made to the City Administrator. H: Compulsory Leave. If in the opinion of the department head, an employee is unable to perform the duties of his/her position for physical or reasons, that department head shall refer that employee to the City Administrator. The City Administrator shall have the authority to require the employee to be examined by a physician or other competent authority at City expense to determine the employee’s fitness for duty. If the examination report finds the employee to be in an unfit condition to perform the duties required of the position, the department head shall have the right to compel the employee to take sufficient leave of absence utilizing any accrued leave balances. If the examination ---PAGE BREAK--- 50 report finds the employee to be fit for duty, the employee shall return to work without loss of pay or benefits. A temporarily disabled employee may be offered modified duty in his/her department or another. Modified duty shall be predicated upon the following: 1. There is meaningful work to be performed. 2. The work can be performed in an efficient and effective manner. 3. The work can be performed within the restrictions placed upon the employee. I: Administrative Leave While an employee is under disciplinary investigation, the department head may order an employee off work without reduction in compensation for a period not to exceed forty (40) work hours. J: Bereavement Leave Employees in regular positions shall be entitled to leave which may be used per occurrence for bereavement due to the death of persons in the immediate family. A maximum of (24) hours leave for general employees may be used per occurrence for bereavement due to the death of persons in the immediate family within 200 miles, or any relative living with the employee. For distances beyond 200 miles an employee may take 4 days bereavement leave and an employee may use up to 16 hours of sick leave for the death of a family member living beyond 200 miles. A. Immediate Family means a spouse, son, daughter, mother, father, sister, brother, mother-in-law, father-in-law, grand-parent, grand-parent-in- law, brother-in-law, sister-in-law, grandchild, stepson, stepdaughter, foster child, foster parent, in loco parentis, or any relative living with the family. For all other funerals employees shall use vacation time or compensation time for funeral leave. K: Voluntary Time Bank Employees may donate sick leave to another employee with the approval of the City Administrator. If donated sick leave is not used it will be extinguished from the receiving employees records. 15. Rest Periods. Employees shall be entitled to rest periods in accordance with the schedule contained herein. Rest periods shall be scheduled in accordance with the requirements of the department. Rest periods shall not be accumulative or used to report to work late or leave early. Rest periods shall be considered as time worked. Employees required to work beyond their regular tour of duty shall be granted a fifteen (15) minute rest period for each two hours of such work. ---PAGE BREAK--- 51 Regularly Scheduled Tour of Duty No. and Limit of Rest Period After 2 hours and through 4 hours One – 15 Minute Rest Period After 6 hours and through 8 hours One – 15 Minute Rest Periods After 8 hours and through 10 hours One – 15 Minute Rest Periods 16. Expense Reimbursement General Provisions: The purpose of this Section is to define the policy and procedure by which employees shall report and be reimbursed for reasonable and necessary expenses incurred on behalf of City of Burley, except as may be otherwise provided in the Personnel Rules and Regulations. Responsibilities: It shall be the responsibility of each department head or designee to investigate and approve each request for expense reimbursement. It shall be the responsibility of each employee to obtain prior approval from the department head or designee to incur a business expense. Prior approval may be in the form of standing orders issued by the department head. Travel Authorization/Travel Policy: For existing City policy regarding travel and reimbursement of travel expenses, please see the currently adopted City Personnel Rules and Regulations. 17. Probationary Periods. The probationary period for regular positions shall be 1040 hours from date of hire. Except as otherwise provided, employees may be dismissed at any time during the probationary period with or without cause, and shall not have any right of review or right to be heard, provided, that the department head shall discuss with the Personnel Officer any termination prior to advising the employee of same and the employee shall have an opportunity to provide a written response to the Personnel Officer to the effective date of the termination. The probationary period may be extended an additional seven pay periods at the request of the department head and with the approval of the Personnel Officer; provided the extension is approved prior to the completion of the original probationary period. 18. Promotional Probation A promoted employee who has obtained regular status in another classification within the same department who does not successfully complete the probationary period in the ---PAGE BREAK--- 52 promoted class shall be returned to the lower classification. If no vacancy exists in the lower classification, the provisions of the Layoff Procedure, shall apply. A promoted employee who has obtained regular status in another classification within another City department who does not successfully complete the probationary period in the promoted class shall be returned to the former department (or other department where appropriate as determined by the CAO) in that classification or a comparable classification. Said return shall only be accomplished if a vacancy exists in the lower level classification. 19. Pay period A pay period is defined as the fourteen (14) calendar day period from 5:01 p.m. Friday to 5:00 p.m. Friday two weeks thereafter. Employees will receive the payroll checks the Friday after the end of the previously completed pay period. 20. Salary Rates New employees shall be hired below 85% of the base salary. The City Administrator may grant exceptions. Promoted employees shall receive the established base salary range of the new classification or at least five percent whichever is greater. No employee can be promoted within a flexibly staffed series without having in their permanent record two previous evaluations, with ratings of meets or exceeds expectations, provided that no employee shall be denied a promotion due to their supervisor’s failure to evaluate their performance in a timely manner. Employees who believe that their evaluations are not being done in a timely manner are encouraged to notify the City Administrator. Employees who are upgraded as a result of a classification study shall be placed at the base salary (70% point) in the new range with credit for time served towards the next advancement, if any. All salary advancements shall be made on the first of a pay period. Approval for advancement shall be based upon satisfactory work performance and completion of required length of service in the classification and upon the approval of the department head. Except as otherwise provided, advancement shall be contingent upon the completion of two thousand eighty (2,080) regularly scheduled hours of satisfactory service, in regular status, at the lower rate. All time actually worked by employees in regular part-time positions shall be counted towards the completion of the 2080 hours requirement. An employee whose performance review does not merit a pay increase may be re- evaluated at any time after his/her evaluation date. A pay increase may be subsequently granted following a re-evaluation and review period of at least sixty (60) work days. An employee who has consistently maintained a level of performance well above the standard of expectations and whose overall performance evaluation rating exceeds expectations may be eligible for an accelerated increase (meaning up to a ten percent ---PAGE BREAK--- 53 increase). Said accelerated increase shall be at the sole discretion of the department head and with the approval of the City Administrator. The City Administrator may authorize the adjustment of the salary or salary rate of an employee to maintain salary equity within the system, to prevent undue hardship or unfairness due to the application of any rule or policy, or to correct any payroll error or omission. When a position is downgraded, the same salary rate payment to the incumbent employee that the employee received prior to the downgrading of the position shall be continued. The incumbent employee will not continue to be eligible for merit advancements, if any, and across-the-board salary adjustments granted to the classification until such time that the equity adjustment exceed their then current salary rate. Once the incumbent employee vacates the position, the position shall be reduced to the official salary range for that classification. When an employee is reduced to a position in a lower classification by demotion for disciplinary reasons, such employee’s salary shall be as provided in the Order of Disciplinary Action. When an employee in good standing is reduced to a position in a lower classification by demotion for non-disciplinary reasons, such employee shall receive the highest salary in the new salary range that does not exceed such employee’s current rate of pay immediately prior to reduction and shall be given credit for time served towards the next increase. 21. Relief Employees Relief employees shall be compensated on an hourly basis only for hours actually worked. Relief employees’ salary at time of appointment and advancements shall be limited to a maximum of 100% of the appropriate base salary range of the comparable regular classification. Exceptions may be made subject to the approval of the City Administrator. 22. Standard Tour of Duty The standard tour of duty represents the time that an employee is regularly scheduled to work. A regularly scheduled tour of duty which commences before midnight and ends the following day shall be reported for payroll purposes as time worked for the day in which the tour of duty began. The department head shall establish the actual number of hours which comprises the standard tour of duty for each position. The department head may modify or change the number of hours in a standard tour of duty for each position to meet the need of the service. ---PAGE BREAK--- 54 23. Dual Appointments The appointment of two full-time employees to the same budgeted regular position may be authorized by the City Administrator to facilitate training, to make assignments to a position which is vacant due to an extended authorized leave of absence, or in an emergency. The most recently hired dual appointee shall enjoy all the benefits of a regular employee, except regular status. Upon return of the initial employee, the most recently hired dual appointee shall be terminated from employment without right of review or appeal. 24. Job Sharing The City will make reasonable accommodation for an employee in a regular position who desires to share his/her job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis provided that the combined total scheduled hours does not exceed more than 80 hours per pay period. An employee who works less than 40 hours per pay period shall not be eligible to receive any benefits for which the City pays an insurance premium or membership in the retirement system. Should both employees be scheduled for forty (40) hours each pay period, both employees shall assume responsibility for the payment of one-half (1/2) of their insurance premium; provided, however, that one employee may elect to waive coverage under the insurance program. All other benefits for job sharing employees shall be as provided in the appropriate Section on a pro-rated basis based upon a total 80-hour pay period. Each employee shall be notified in writing by the appointing authority at the time of appointment and such notification will clearly define the benefits to which each employee is entitled. Work schedules for job sharers shall be approved in advance by the department head with a minimum one week notice for scheduled changes. In the event that one employee terminates, cancels participation or is on leave of absence the remaining employee shall assume the position on a full-time basis until a replacement is available. 25. Layoff Procedure Definition: A layoff is the involuntary separation, demotion, or reduction in work hours of a regular employee without fault of the employee, at the direction of the City Council. Layoff applies only to regular positions. A layoff occurs only when there is a surplus of employees, a position is to be deleted from the authorized position allocation listing, a position’s scheduled work hours are being reduced on a permanent basis, or when funds are withdrawn from a previously funded position. Unless the City Council sets forth a specific procedure to follow in order to maintain the effective functioning of City services, the following procedure shall be used by the City for layoffs. Procedure: Layoffs shall be by classification within a department. The City Council has the sole authority to determine the number and classification of positions to be laid off within each department. Prior to any reduction in the work force of regular employees, all relief and probationary employees with the affected classification and department shall be separated. ---PAGE BREAK--- 55 a. In lieu of being separated a regular employee may elect to demote to any classification within the department in which the employee had previously held regular status. Such employee shall not be rated. An employee so demoting shall not displace any employee whose total City service exceeds that of the employee demoting. b. Upon recommendation of the department head and approval of the Personnel Officer, an employee may elect to transfer and/or demote in lieu of layoff to a vacant position in any department providing that the employee’s skills, knowledge and abilities are adequate for the position sought. c. Any employee replaced by demotion shall have the same rights as set forth above. d. Regular employees shall be provided a written notice of intended action with the reasons therefore at least ten (10) work days before the effective date of any layoffs. Flexibly Staffed Series: For layoffs occurring in flexible staffed series (i.e. I/II/Senior), all time worked within the affected department in both the I and II levels of that series will be combined prior to determining the order of layoff. It is understood that in flexibly staffed series new employees cannot be initially hired beyond the II level. Exception to Order of Layoff: Whenever the best interest of the City requires the retention of an employee who possesses a special license or certificate or who possesses specialized skills, knowledge and abilities, the department head may request that such employee be exempted from the bumping procedures; provided, however, that such specialized qualification(s) cannot be readily obtained by a more senior employee, who is subject to lay-off, within ninety (90) days. Such requests must be in writing and approved by the City Administrator. Reemployment Rights: Any employee subject to lay-off shall have no reemployment rights with the City. 26. Union: The Burley Firefighters have entered into the IAF AFL-CIO Burley Firefighters Local #3308 Collective Bargaining Agreement which expires September 30, 2020. The provisions of said Agreement, and any Agreement replacing said agreement in the future, control over any conflicting provisions of these Personnel Rules and regulations 27. Fire Chief: The Fire Chief is considered an exempt employee. However when the Fire Chief leads a crew on a contracted fire with the State or Federal Government, then to the extent permitted by law, the fire chief will be considered non-exempt and will be paid hourly under that status. 28. Reserve Firefighters pay scale – A. All new reserve Firefighters are on a one year probationary period. Upon completion of the one year probation, if performance evaluation is satisfactory, a 10% pay increase is ---PAGE BREAK--- 56 given. Reserves do not receive extra pay for certifications. However, the following ranks may be filled by volunteer firefighters for pay increase: Rank Selected Responsibilities Pay Battalion Elected by the Battalion Chief Represents the reserve $2 more per Chief reserve firefighters in meetings with the hour than the firefighters management team of the chief, regular assistant chief, and captains. The reserve Battalion Chief assists the other full- firefighter time officers as needed at incidents. wage Lieutenant Appointed by the Assists the other officers as needed at $1 more per Chief from either incidents. hour than the reserves or regular regular reserves firefighters firefighter wage B. General rule – The general rule is that a supervisor should make 10% more than the nearest subordinate not including overtime. RULE 12: OTHER PROVISIONS A. THIS PERSONNEL POLICY IS NOT A CONTRACT. NO CONTRACT OF EMPLOYEMENT WITH THE CITY OF BURLEY WILL BE VALID UNLESS IT IS EXPRESSLY APPROVED BY THE CITY COUNCIL AND UNLESS IT IS SIGNED BY AND CONTAINS THE NAME OF THE SPECIFIC EMPLOYEE WHO WOULD BE BENEFITED /OBLIGATED BY THE CONTRACT. NOTWITHSTANDING ANYTHING SAID BY A SUPERVISOR, NO CONTRACT OF CONTINUED EMPLOYEMENT SHALL BE IMPLIED. LEGAL COUNSEL EMPLOYED BY THE CITY SERVES AT THE PLEASURE OF THE CLIENT REPRESENTED, AND SUCH REPRESENTATION MAY BE TERMINATED AT THE PLEASURE OF THE CLIENT. CHANGES TO THE POLICIES AND BENEFIT OFFERINGS OUTLINED IN THIS POLICY ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT PRIOR NOTICE. CHANGES MAY BE MADE IN THE SOLE DISCRETION OF THE CITY COUNCIL. B. Employee Personnel Files 1. Personnel Records The official employee records for the City will be kept at City Hall. Within these personnel files will be kept all records of employee performance evaluation, employee status, and other relevant materials related to the employee’s service with the City. The employee’s supervisor, employee’s elected official or the employee ---PAGE BREAK--- 57 him/herself may contribute materials to the personnel files deemed relevant to the employee’s performance and tenure. Each employee shall have the right to review all materials placed in his/her personnel file at any reasonable time. Copies of materials in an employee’s personnel file are available to that employee without charge. Personnel files shall not be removed from the premises except as necessary for city purposes. 2. Access to Personnel Files It is the policy of the City to allow only limited access to an employee’s personnel file. Those authorized to evaluate materials in a personnel file include the Mayor, the employee’s supervisors including without limitation the City Administrator and the employees department head, the City Council when acting as a body in the course of its official business, attorneys for the City, and the employee him/herself. Based upon the general confidentiality of personnel files, access of others to such files shall be allowed only with authorization of the supervising official after consultation with the City attorney. Information regarding personnel matters will only be provided to outside parties with a release from the employee, or when deemed necessary by legal counsel for the City or pursuant to Court order, or pursuant to a proper subpoena. The City reserves the right to disclose the contents of personnel files to outside state or Federal agencies, to its insurance carrier or its agents for risk management purposes or when necessary to defend itself against allegations of unlawful conduct. 3. Management of Information in Personnel Files Each employee shall be provided an opportunity to contest the contents of his/her personnel file at any time. This is to be done by filing a written objection and explanation which will be included in the file along with the objectionable material. In the sole judgment of the supervising official, after consultation with legal counsel for the City, any offending material may be removed upon a showing by the employee that it is false or unfairly misleading. In general, there should be a presumption that materials are to remain in personnel files accompanied by the employee’s written objection and explanation to provide a complete employment history. C. Reductions in Force (RIF) When financial circumstances or changes of workload require, The City reserves the right to reduce forces in such manner as it deems necessary to maintain the effective functioning of City services. Decisions about the functions or positions to be reduced are not subject to the opportunity to be heard as established by the City. Reorganization initiated to make more efficient use of resources or to accommodate budgetary needs shall not be subject to the procedure with regards to the opportunity to be heard established by the City. ---PAGE BREAK--- 58 ATTACHMENT DRUG AND ALCOHOL POLICY To outline the goals and objectives of the City’s drug and alcohol testing program and to provide notice and guidance to supervisors and employees concerning their responsibilities for carrying out the program and of the consequences for violating the policy. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part- time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to:  Carry firearms  Have custodial responsibility for illegal drugs  Perform emergency medical, lifesaving, and/or fire suppression activities  Have supervision over children in the absence of their parents or adult guardians  Have access to homes and/or businesses of others in the City  Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury  Work in the water and wastewater systems and their operations  Operate heavy machinery  Perform or manage aviation activities Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. NOTICE: NOTWITHSTANDING ANYTHING CONTAINED IN THIS POLICY, ALL EMPLOYEES OF THE CITY OF BURLEY ARE “AT-WILL” EMPLOYEES AND THEIR EMPLOYMENT MAY BE TERMINATED FOR ANY REASON OR FOR NO REASON AT ALL. NOTHING IN THIS POLICY CREATES ANY KIND OF CONTRACT RIGHT OR OTHER PROPERTY RIGHT IN ANY EMPLOYEE. THE PROVISIONS OF THIS POLICY ARE INTENDED TO ESTABLISH A “DRUG FREE WORK ENVIRONMENT.” ---PAGE BREAK--- 59 POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Burley strives to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Burley is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Being under the influence of alcohol, illegal drugs, or unauthorized prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. ---PAGE BREAK--- 60 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. B. Off-Duty 1. The off-duty conduct of any employee which results in an arrest or conviction, regardless of the form of the judgment, for Driving Under the Influence, Possession of Alcohol by a Minor, Procuring Alcohol for Minors, or the possession, use, sale, manufacture or distribution of illegal drugs may be subject to discipline up to and including termination. 2. Any employee arrested or convicted, regardless of the form of the judgment, of violating a criminal offense identified in section 1 away from the workplace must inform the City of such arrest or conviction, regardless of the form of the judgment, within five days of the event. Notification must be made to the employee’s supervisor or Human Resources. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 3. Restrictions caused by the criminal conduct, i.e. driver’s license restrictions; jail or work release; occupational license suspensions or revocations; etc, may be subject to discipline up to and including termination. The City of Burley is not required by this policy to adjust work schedules, job duties, or bonafide job requirements due to the employee’s restrictions due to their off duty conduct. 4. The City of Burley recognizes drug and alcohol dependency as an illness and a major health problem. It is also a health, safety, and security threat to the City. Employees who need help in overcoming such dependency should contact their supervisor and available alcohol and drug abuse treatment resources within the community. A voluntary, conscious effort to seek such help, prior to committing a violation of this policy, will not jeopardize employment. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. The City will maintain a list of resources available to assist an employee who may wish to seek assistance. Employees are also encouraged to work with the Human Resources Director to seek information to determine whether help is available through health insurance policies. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner may be permitted provided that it will not and in fact does not affect work performance, ---PAGE BREAK--- 61 nor will it impair the employee’s ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee’s medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. The City at the discretion of management may limit or suspend the work activity of the employee during the period that the supervisor, management or medical practitioner advises that the employee’s ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee’s physician and they must not illegally sell prescribed drugs or allow any other person to consume the prescribed drug. III. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants for safety sensitive employment positions who are given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. No application for a safety sensitive employment position may be accepted for the individual for one year following a positive test. 2. An applicant for a safety sensitive position will be notified of the City of Burley’s alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre- employment process. The provision of this written Policy to the applicant shall satisfy the notice described in this paragraph 2. 3. An applicant will be provided written notice of this policy and by their signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests “reasonable belief” ---PAGE BREAK--- 62 behavior that may prevent satisfactory job performance, endanger their wellbeing, the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug use may be, among other things: a. Direct observation of drug use or possession. b. Direct observation of the physical of being under the influence of a drug. c. A pattern of abnormal conduct or erratic behavior by employee. d. Arrest or conviction for a drug related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or distribution. e. Admission by the employee. f. Information provided either by reliable and credible sources or independently corroborated; or g. Newly discovered evidence that the employee has tampered with a previous drug test. 2. The City Administrator or Human Resources Director should be consulted before any reasonable belief test is required. 3. An employee who is tested in a “reasonable belief” situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee that is employed in a safety sensitive position and is involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four hours. Any other employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs in a similar manner under any of the following circumstances: a. The accident results in a fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Substantial damage to equipment or property owned by the City, or by a third party. Substantial damage is defined as damage estimated to be in excess of $10,000.00. c. The employee appears to have been at fault for the accident; or d. There is reasonable belief that the employee was under the influence of alcohol or drugs as described above. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any ---PAGE BREAK--- 63 employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee’s accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be conducted in conjunction with their medical treatment. 4. RANDOM TESTING Employees in safety sensitive positions will be subject to random alcohol and drug testing. 1. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual’s supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City’s discretion; employees may be transported or escorted to the testing site. 2. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. 5. VOLUNTARY RANDOM TESTING As part of the City’s alcohol and drug free workplace program, employees not in designated safety sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. 6. CDL TESTING Notwithstanding any other provision of this policy, in compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre- employment, random, reasonable belief and post-accident drug and alcohol testing ---PAGE BREAK--- 64 shall be required for employees in positions that require a Commercial Driver’s License. V. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City’s discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. B. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirmation 1. The cut-off levels for all Non-Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml ---PAGE BREAK--- 65 2. The cut-off for alcohol concentration will be on two levels. Any employee, who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method or other equivalent method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense. This request must be conveyed within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any loss of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. TEST RESULT NOTIFICATION A. When a test shows a positive test result the employee or applicant will be contacted and will be given the opportunity to provide an explanation for the positive result. When a test shows a positive result, the employee may be suspended immediately with or without pay until a decision is made concerning discipline. Following an immediate suspension without pay, if a determination is made that no discipline should be imposed, then the employee shall receive reimbursement for any time she/he was suspended without pay. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If an employee cannot provide a reasonable explanation for his/her positive test result then disciplinary action will be taken consistent with the terms of this policy. VII. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. ---PAGE BREAK--- 66 VIII. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any employee not listed in paragraph VII A that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). IX. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. X. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. XI. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively or conditionally selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Burley including, but not limited to, the offices, facilities, land, and surrounding areas on the City’s owned or leased property, parking lots, and storage areas. The term also includes the City’s owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. ---PAGE BREAK--- 67 E. Drug testing: means a urinalysis or other test taken for the purpose of determining whether drugs are in the person’s system or any other testing the City deems appropriate and reliable. F. Illegal drug: means any drug as defined by section 802 of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, (PCP), and so-called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. G. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. H. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. K. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. ---PAGE BREAK--- 68 ATTACHMENT DISCRIMINATION AND HARRASSMENT POLICY The City of Burley is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, the City of Burley expects that all relationships among persons in the City workforce will be business-like and free of bias, prejudice and harassment. Equal Employment Opportunity It is the policy of the City of Burley to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information or any other characteristic protected by law. The City of Burley prohibits any such discrimination or harassment. Retaliation is Also Prohibited The City of Burley encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of the City to and thoroughly investigate such reports. This policy also prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Harassment, including sexual harassment, is prohibited by federal and state laws. This policy prohibits harassment of any kind that is prohibited by federal or state laws, and the City will take appropriate action swiftly to address any violations of this policy. The definition of harassment is verbal or physical conduct designed to threaten, intimidate or coerce. Also, verbal taunting (including racial and ethnic slurs) that, in the employee’s opinion, impairs his or her ability to perform his or her job. Examples of harassment are: 1. Verbal: Comments that are not flattering or are unwelcome regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, body disability or appearance. Epithets, slurs, negative stereotyping. 2. Nonverbal: Distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual or group because of national origin, race color, religion, age, gender, sexual orientation, pregnancy, appearance disability, gender identity, marital or other protected status. Sexual Harassment Sexual harassment in any form is prohibited under this policy. Sexual harassment is a form of discrimination and is unlawful under Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as ---PAGE BREAK--- 69 “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature….when… submission to or rejection of such conduct is used as the basis for employment decisions… or such conduct has the purpose or effect of Creating an intimidating, hostile or offensive working environment.” Sexual harassment includes unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when such conduct: 1. Is made explicitly or implicitly a term or condition of employment. 2. Is used as a basis for an employment decision. 3. Unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or otherwise offensive environment. Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome, that is personally offensive, that lowers morale and therefore interferes with work effectiveness. Sexual harassment may take different forms. Examples of conduct that may constitute sexual harassment are: 1. Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, threats. Requests for any type of sexual favor (this includes repeated, unwelcome requests for dates). Verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sex oriented and considered unwelcome. 2. Nonverbal: The distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sound; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, email, photos, text messages, Internet posting, etc., that is sexual in nature. 3. Physical: Unwelcome, unwanted physical contact, including but not limited to touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling; forced sexual intercourse or assault. Normal, courteous, mutually respectful, pleasant, non-coercive interactions between employees, including men and women, that are acceptable to and welcomed by both parties, are not considered to be harassment, including sexual harassment. There are basically two types of sexual harassment: 1. “Quid pro quo” harassment, where submission to harassment is used as the basis for employment decision. Employee benefits such as raises, promotions, better working hours, etc., are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Example: A supervisor promising an employee a ---PAGE BREAK--- 70 raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her. 2. “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. Hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees or customers. Hostile environment harassment consists of verbiage of sexual nature, unwelcome sexual materials or even unwelcome physical contact as a regular part of the work environment. Texts, emails, cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category. Consensual Sexual Relationships 1. The office strongly discourages romantic or sexual relationships between a management or other supervisory employee and his or her staff (an employee who reports directly or indirectly to that person) because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. Moreover, given the uneven balance of power within such relationships, consent by the staff member is suspect and may be viewed by others or, at a later date, by the staff member him/herself as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation or coercion or exploitation undermines the spirit of trust and mutual respect that is essential to a healthy work environment. If there is such a relationship, the parties need to be aware that one or both may be moved to a different department or other actions may be taken. 2. If any City employee enters into a consensual relationship that is romantic or sexual in nature with a member of his or her staff (an employee who reports directly or indirectly to him or her), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify the manager. Although the parties may feel that what they do during non-working hours is their business and not the business of the office, because of potential issues regarding “quid pro quo” harassment, the office has made this a mandatory requirement. This requirement does not apply to employees who do not work in the same department nor to parties who do not supervise or otherwise manage responsibilities over the other. 3. Once the relationship is made known to the City, the City will review the situation with the City Administrator in light of all the facts (reporting relationship between the parties, effect on co-workers, job titles of the parties, etc.) and will determine whether one or both parties need to be moved to another job or department. If it is determined that one party must be moved, and there are jobs in other departments available for both, the parties may decide who will be the one to apply for a new position. If the parties cannot amicably come to a decision, or the party is not chosen for the position to which he or she applied, the parties will contact the City Administrator, who will decide which party should be moved. That decision will be based on which move will be least disruptive to the organization as a whole. ---PAGE BREAK--- 71 4. If it is determined that one or both parties must be moved, but no other jobs are available for either party, the parties will be given the option of terminating their relationship or resigning. Retaliation No hardship, no loss or benefit, and no penalty may be imposed on an employee as punishment for: 1. Filing or responding to a bona fide complaint of discrimination or harassment. 2. Appearing as a witness in the investigation of a complaint. 3. Serving as an investigator. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe sanctions up to and including termination. The Complaint Process Any person electing to utilize this complaint resolution procedure will be treated courteously, the problem handled swiftly and as confidentially as feasible in light of the need to take appropriate corrective action, and the registering of a bona fide complaint will in no way be used against the employee nor will it have an adverse impact on the individual’s employment status. While reporting such incidents would be a difficult personal experience allowing harassment activities to continue will most certainly lead to less desirable outcomes. For that reason, employees are strongly urged to utilize this procedure. However, filing groundless and malicious complaints is an abuse of this policy and is prohibited. Confidentiality During the complaint process, while the confidentiality of the information received, the privacy of the individuals involved, and the wishes of the complaining person regarding action by the office cannot be guaranteed in every instance, they will be protected to as great a degree as is legally advisable when considering the City’s responsibilities and local, state and federal laws and policies. The expressed wishes of the complaining person for confidentiality will be considered in the context of the City’s legal obligation to act upon the charge and the right of the charged party to obtain information. In most cases, however, confidentiality will be strictly maintained by the City and those involved in the investigation. In addition, any notes or documents written by or received by the person(s) conducting the investigation will be kept confidential to the extent possible and according to any existing state or federal law. Complaint Procedure The following complaint procedure will be followed in order to address a complaint regarding harassment, discrimination or retaliation. ---PAGE BREAK--- 72 1. A person who feels harassed, discriminated or retaliated against may initiate the complaint process by filing a written and signed complaint with the City Administrator, City Clerk, Department head or Human Resource Analyst. No formal action will be taken against any person under this policy unless a written and signed complaint is on file containing sufficient details to allow the City Administrator to determine if the policy may have been violated. The complainant (the employee making the complaint) may use the complaint form, which is attached to this policy. If a supervisor or manager becomes aware that harassment or discrimination is occurring, either from personal observation or as a result of an employee coming forward, the supervisor or manager should immediately report it to the City Administrator. 2. Upon receiving the complaint, or being advised by a supervisor or manager that violation of this policy may be occurring, the City Administrator will notify the City, and review the complaint with the City’s legal counsel. 3. Within five working days of receiving the complaint, the City Administrator will: a) Notify the person(s) charge [hereafter referred to as “respondent(s)”] of a complaint. b) Initiate the investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred. 4. During the investigation, the City Administrator, together with legal counsel or other management employee, will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred. 5. Within 15 business days of the complaint being filed (or the matter being referred to the City Administrator), the City Administrator or other person conducting the investigation will conclude the investigation and submit a report of his or her findings to the City. 6. If it is determined that harassment or discrimination in violation of this City’s policy has occurred, the City Administrator will recommend appropriate disciplinary action. The appropriate action will depend on the following factors; the severity, frequency and pervasiveness of the conduct; (ii) Prior complaints made by the complainant; (iii) Prior complaints made against the respondent; (iv) the quality of the evidence (first-hand knowledge, credible corroboration etc.) 7. If the investigation is inconclusive or it is determined that there has been no harassment or discrimination in violation of this policy, but some potentially problematic conduct is reveled, preventative action may be taken. 8. Within five days after the investigation is concluded, the City Administrator will meet with the complainant and the respondent separately in order to notify them in person of the findings of the investigation and to inform them of the action being recommended by the City Administrator. ---PAGE BREAK--- 73 9. The complainant and the respondent may submit statement to the City Administrator challenging the factual basis of the findings. Any such statement must be submitted no later than five working days after the meeting with the City Administrator in which the findings of the investigation is discussed. 10. Within 10 days from the date the City Administrator meets with the complainant and respondent, the City will review the investigative report and any statements submitted by the complainant or respondent, discuss results of the investigation with the City Administrator and other management staff as may be appropriate and decide what action, if any, will be taken. The City Administrator will report the City’s decision to the complainant, the respondent and the appropriate management assigned to the department(s) in which the complainant and the respondent work. The City’s decision will be in writing and will include finding of fact and a statement for or against disciplinary action. If disciplinary action is to be taken, the sanction will be stated. ---PAGE BREAK--- 74 ATTACHMENT Travel and Training Policy This policy establishes the policy and procedure relative to all travel and training sponsored by the City of Burley. The provisions of this policy are applicable when a city employee or elected official desires to be reimbursed for any part of travel expenses incurred. The purpose of this policy is to: monitor expenditures for travel against budgeted amounts; ensure that training opportunities are utilized; and provide a method to account for and reimburse travel. Section A: Travel out of State Travel outside the State of Idaho or the United States is normally discouraged. When such travel is considered in the best interest of the City, specific approval must be obtained from the City Administrator. Travel through Oregon, Washington, or Montana to reach northern Idaho is not considered out of state travel. Section B: Travel within the State Department heads must approve all departmental travel within the State. This includes travel and overnight accommodations to attend conventions, conferences, training conferences and other similar meetings. Department head travel will be approved by the City Administrator. Section C: Mayor and City Council Travel The Mayor and City Council will abide the rules set out in this policy. Travel for the Mayor and members of the City Council will be approved by the chairperson of the committee for which the travel is necessary. Pre-approved meetings for the Mayor and Members of the City Council are the Annual AIC Conference, AIC Spring District Seminar, the ICUA annual meeting, AIC committee meetings, and AIC executive board meetings. Nothing in this policy is intended to restrict the Mayor or City Council from traveling around the City or State to fulfill their duties. Section D: Volunteers Travel may be approved by the department head or other designated individuals in the department for volunteers of the City. The current travel policy would also apply to volunteers. Section E: Expenditures for Travel 1. Credit Cards: Credit cards are available to book airline travel and hotel rooms. Each department is responsible for auditing their credit card expenditures and ensuring that charges are acceptable. Subsequent internal audits will be conducted at random to verify that the travel policy guidelines have been followed. The city credit card should be used for ---PAGE BREAK--- 75 pre arranging travel expenses, including hotel, seminar, airline and car rental reservations where direct billing to the City is not available. 2. Discounts: Employees are required to take advantage of government discounts or travel agency's special rates available for car rentals, hotels and other incidental travel requirements. 3. Hotel/Motel Charges: Lodging charges shall only be those actual and necessary and considered moderate for the area. A guideline of medium-priced lodging (no luxury accommodations) is considered acceptable in most areas. Conference rates will be accepted with proper documentation. Receipts are always required. 4. Lodging Prior to City Business: Lodging the night before or prior to a conference, training, or meeting should be approved prior to the travel. The department head shall make a determination based on such factors as distance and weather conditions before approving these expenses. This policy places the decision relating to overnight lodging prior to a conference at the department head level. There are no specific distances or destinations mentioned in the policy, however, a department head should consider the cost- effectiveness of prior-night lodging and the impact it would have on his/her travel budget. It is expected that requests for prior-night lodging will be the exception, rather than the rule, and that a prudent approach to the expenditure of city funds will be exercised by all department heads. 5. Saturday Night Stays: Saturday night stays are encouraged when the cost of meals and lodging is more than offset by savings in airfare. 6. Airfare vs. Mileage: If airfare is less expensive and the employee prefers to drive his private vehicle on his own time, reimbursement shall be made only for the cost of airfare. The department head may approve either means of travel in advance, however, reimbursement will be at the lower rate. 7. Private Air Travel: Reimbursement for travel by private aircraft or chartered aircraft shall be limited to commercial airfare. The City Administrator may approve exceptions to the foregoing when it is necessary or desirable to meet the business obligations of the City. 8. Use of Private Vehicle: The City will reimburse mileage associated with travel or the use of a personal vehicle on City business at 50 cents per mile. If traveling in a personal vehicle, mileage reimbursement will be point to point reimbursement as determined by Google Maps. Any additional mileage for a trip has to be exclusively for city business and must be documented. Reimbursement will not be made without verification. 9. Rental Cars: Automobile rental will be limited to the cost of compact cars. Department head approval is required if a car is rented bigger than a compact size, this is only when traveling with more than two people. 10. Meals: In-city meals are allowable when incurred in conjunction with a city-sanctioned meeting. Meals provided as part of a training seminar or association meeting that exceed ---PAGE BREAK--- 76 meal limits are allowable and are not considered an exception. The City Administrator must approve any exception s to the meal policy. Section F: Travel Reimbursement 1. Spouse/Companion/Families: The City will not pay for any costs incurred by or related to a spouse, companion or families, with the exception of registration for spouse and families at the Annual AIC Conference. Employees utilizing a city vehicle for travel are prohibited from transporting a spouse, companion or family member in a City vehicle. 2. Alcoholic Beverages: The City will not pay for any alcoholic beverages. 3. Tobacco: The City will not pay for any type of tobacco. 4. Personal Expenses: Personal expenses shall not be allowed. Personal expenses include, but are not limited to, laundering, barbering, alcoholic beverage, and any entertainment expenses. 5. Meals: In-city meals are allowable when incurred in conjunction with a city-sanctioned meeting. The maximum meal rates would apply. Meals provided as part of a training seminar or association meeting that exceed meal limits are allowable. The City Administrator must approve any exceptions to the meal policy. The following meal per- diems are established. The limit on meals includes an allowance for a maximum 15% tip. Limits for meals are as follows (including tax and maximum 15% tip): Standard Idaho meal per diem rate Breakfast $9.00 Lunch $12.00 Dinner $25.00 Total Daily Maximum $46.00 The City will pay the meal per diem as issued by the GSA for different locations. For seminars, meetings, or conferences where meals are included as a part of the event, the employee is not entitled to a meal allowance. A complimentary continental breakfast is not considered a meal and the limit for breakfast is allowable. Where travel is for part of a day, to receive the full meal per diem you must have reason to leave before 6 a.m. and to receive the dinner per diem you must return home, with reasonable travel time, after 7 p.m.. Department heads should authorize meal per diems after reviewing the travel and training request. ---PAGE BREAK--- 77 6. Taxi Fares, etc.: Receipts are required for the following: a. Taxi fares b. City bus, ferry fares, subway fares, bridge and road tolls. c. Parking expenses. 7. Communications: Only business-related communications charges will be reimbursed. This would include telephone, fax, telegraph, etc. Any non-business communication charges appearing on any billings must be identified and excluded from the reimbursement claim. 8. Travel Advances: A department head may approve a travel advance for an employee subject to per diem rates established by this policy. Section G: Training It is the policy of the City of Burley that all employees should receive appropriate training to carry out the duties that they are assigned in the course of their daily work. Training that is required for an employees work that will benefit the City of Burley will be paid for by the City. All training whether a college course, technical training, or a conference or workshop should be pre-approved by the department head. 1. Qualifications upon Hiring: The City will not be responsible for any training that is a prerequisite for a position for which an employee is hired. Examples of this training include a CDL, water operator’s license, or wastewater operator’s license that is a requirement at the time of hiring. 2. Approved Training or Education: Training that is required for an employees work that will benefit the City of Burley will be paid for by the City. All training whether a college course, technical training, or a conference or workshop should be pre-approved by the department head. ---PAGE BREAK--- 78 ATTACHEMENT Information Systems Policy Our e-mail, computer, Internet and voice mail systems are City of Burley property. Anything you create or load on the systems becomes City of Burley property. These systems are in place to facilitate your ability to efficiently and productively do your job. To that end, these systems are solely for business purposes. Only “incidental personal use*,” (see below) that does not interfere with work or consume your time or City resources will be allowed. We reserve the right to intercept, monitor, copy, review and download any communications or files you create or maintain on these systems, at any time, without prior notice to you. Software. All licenses for the use of various computer software programs for business purposes shall be licensed to the City of Burley. No individual can own the copyright to software on a City computer or its related documentation. Unless authorized by the software developer, employees do not have the right to reproduce such software for use on more than one computer. Employees may only use software on local area networks or on multiple machines according to the software license agreement. Illegal duplication of software and its related documentation for personal use is also prohibited. E-mail and Internet Access. E-mail and Internet access is provided by the City of Burley to enhance communications and provide access to work related information and technology. Consequently, employees should always ensure that the business information contained in Internet E-mail messages and other transmissions is legal, accurate, appropriate and ethical. The following are examples of prohibited uses of E-mail and Internet systems.  Sending or posting discriminatory, harassing, or threatening messages or images.  Using paid employee time and resources for personal gain.  Stealing, using or disclosing someone else’s code or password without authorization.  Unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented material.  Engaging in unauthorized transactions that may incur as cost to the organization or initiate unwanted Internet or e-mail services and transmissions.  Sending or posting messages or material that could damage the City of Burleys’ image or reputation.  Participating in the viewing or exchange of pornography or obscene materials.  Sending or posting messages that defame or slander other individuals.  Attempting to break into the computer system of another organization or person.  Refusing to cooperate with a security investigation.  Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities.  Using the Internet for political causes or activities, religious activities, or any sort of gambling. ---PAGE BREAK--- 79  Jeopardizing the security of the organization’s electronic communications systems.  Passing off personal views as representing those of the City of Burley.  Sending anonymous e-mail messages.  Unauthorized participation in or use of chat rooms.  Logging on or using another employee’s computer without authorization.  Engaging in any other illegal activities. Regular monitoring of Internet activity will occur. Personal Use. As indicated in this policy, computers, Internet access and e-mail are provided primarily for work related activities. However, occasional personal use may be permitted on a limited basis within the guidelines established by this policy provided that such use does not result in a cost to the City of Burley or interfere with the City of Burley business operations, availability of resources for business use or the employee’s job performance. Your consent to and compliance with these information system policies is a term and condition of your employment. Failure to abide by these rules or to consent to any interception, monitoring, copying, reviewing, and downloading of any communications or files is grounds for discipline, up to and including termination. ---PAGE BREAK--- 80 ACKNOWLEDGEMENT OF RECIEPT I have received a copy of the “Personnel Rules and Regulations of the City of Burley” Certificate I hereby certify that I have read the above City of Burley Drug and Alcohol Policy statement that I understand its meaning and I have received a copy and agree to its terms. DATED this day of 20__. Employee