Document Cody_doc_3414ced3bf

City of Cody Personnel and Policy Manual The mission of the City of Cody is to enhance the quality of life for the community and its visitors by providing reliable, friendly, cost-effective services that respond to changing needs. ---PAGE BREAK--- 2 AT-WILL EMPLOYMENT FOR ALL EMPLOYEES HIRED ON OR AFTER APRIL 1, 2020 CITY OF CODY EMPLOYEES HIRED ON OR AFTER APRIL 1, 2020 ARE AT-WILL EMPLOYEES. THE CITY OF CODY MAY TERMINATE THE EMPLOYEE AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITHOUT ANY RIGHT TO A HEARING OR APPEAL. THIS PERSONNEL POLICY MANUAL SHALL NOT BE CONSTRUED AS AN EMPLOYMENT CONTRACT, AND SHALL NOT BE CONSTRUED AS MODIFYING THE AT-WILL STATUS OF EMPLOYEES. THE CITY OF CODY RESERVES THE RIGHT TO MODIFY OR AMEND THIS PERSONNEL POLICY MANUAL AT ANY TIME. THE AT-WILL STATUS OF THE EMPLOYEE CAN ONLY BE MODIFIED IN A WRITTEN INSTRUMENT APPROVED BY THE CITY ADMINISTRATOR. Authorized City of Cody Signature Date Printed Name ---PAGE BREAK--- 3 ACKNOWLEDGEMENT OF POLICY MANUAL AND AT-WILL EMPLOYMENT STATUS I UNDERSTAND THAT CITY OF CODY EMPLOYEES HIRED ON OR AFTER APRIL 1, 2020 ARE AT-WILL EMPLOYEES. THE CITY OF CODY MAY TERMINATE EMPLOYEES AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITHOUT ANY RIGHT TO A HEARING OR APPEAL. THE PERSONNEL POLICY MANUAL SHALL NOT BE CONSTRUED AS AN EMPLOYMENT CONTRACT AND SHALL NOT BE CONSTRUED AS MODIFYING THE AT-WILL STATUS OF EMPLOYEES. THE CITY OF CODY RESERVES THE RIGHT TO MODIFY OR AMEND THE PERSONNEL AND POLICY MANUAL AT ANY TIME. THE AT-WILL STATUS OF THE EMPLOYEE CAN ONLY BE MODIFIED IN A WRITTEN INSTRUMENT APPROVED BY THE CITY ADMINISTRATOR. This employee manual describes important information about the City of Cody, and I understand that I should consult my Department Head or Supervisor regarding any questions not answered herein. The City of Cody may change, amend, alter or modify this manual at any time, with or without notice. I understand that revised information may supersede, modify, or eliminate existing policies. Only the Governing Body has the ability to adopt any revisions to the policies in this handbook. However, the City Administrator, Department Heads or Supervisors may issue written or oral procedures, practices and policies to further clarify the policies. For employees hired after April 1, 2020, the at-will status of their employment can only be modified in a written instrument approved by the City Administrator. I understand that it is my responsibility to read and comply with the policies contained in this manual and any revisions made to it. I understand a copy of this signed acknowledgment will be placed in my permanent personnel file. With the exception of individual department manuals, these provisions supersede all existing policies and practices and may not be amended or added to without the approval of the Governing Body. In the event of any conflict between this City of Cody Personnel Manual and a department manual, this City manual will prevail. Employee’s Signature Date Employee’s Printed Name City Administrator’s Signature Date ---PAGE BREAK--- 4 Table of Contents Employee Acknowledgement Form 3 Section 1: Introduction 9 Section 2: Organization Description 9 Section 3: Equal Employment Opportunity 10 3.1 Types of unfair or discriminatory treatment that are against the law 10 3.2 Immigration Law Compliance 11 Section 4: Employee Relations and Ethics 11 Section 5: Conflicts of Interest 12 Section 6: Hiring, Transfers and 14 6.1 Internal Application Process 14 6.2 Disqualification or Rejection of an Application 15 6.3 Interview Process 15 6.4 Hiring 15 6.5 External Hiring Process 16 6.6 16 6.7 Promotions 16 6.8 Hiring Exceptions 17 6.9 Hiring of Relatives 17 6.10 Section 7: 18 Section 8: Employment Categories 19 8.1 Regular Full-Time 19 8.2 Regular Part-Time 19 8.4 Provisional 19 8.5 Temporary 20 Section 9: Position Classification 20 9.1 Job Classification Criteria 21 Section 10: Personnel Information Changes 21 Section 11: Performance Evaluations 22 ---PAGE BREAK--- 5 Section 12: Fitness for Duty Evaluations 23 Section 13: Work Schedules, Attendance, Rest and Meal Periods and Overtime 23 13.1 Work Schedules 23 13.2 Attendance and Punctuality 24 13.3 Rest and Meal Periods 24 13.4 Overtime 24 13.5 Volunteer Emergency Responder Call Policy 25 Section 14: Timekeeping 25 Section 15: Pay Procedures 26 15.1 Pay Periods 26 15.2 Pay 27 15.3 Pay Advances 28 Section 16: Stand-by and Call-out 28 Section 17: Personal Appearance 30 Section 18: Return of Property 31 Section 19: Security Inspections 31 Section 20: Smoking 31 Section 21: Employee Medical Examinations 32 Section 22: HIPAA 32 Section 23: Use of Phone, Mail and Computer Systems 33 23.1 Improper Activities 34 23.2 E-Mail 35 23.3 Internet 35 23.4 Social Media 35 Section 24: Assignment and of City-owned Vehicles and Equipment 36 24.1 Purpose 37 24.2 Adherence to Traffic Laws 37 24.3 Responsibility for Motor Vehicle Fleet 37 24.4 Safety 38 24.5 Operation of Equipment 39 24.6 Take Home 39 ---PAGE BREAK--- 6 24.7 On Call Status 40 24.8 Non-City Employee Vehicle Rules and Exceptions 40 24.9 Storage at Authorized Facilities 40 24.10 Alcoholic Beverages or Illegal Drugs 41 24.11 Assigned Use of City-owned Vehicles 41 Section 25: Business Travel 41 25.1 Meals while Traveling 42 25.2 Reporting Expenses while Traveling 43 25.3 Personal Use of Vehicle while Traveling 43 Section 26: Safety 44 Section 27: Visitors in the Workplace 45 Section 28: Access to Personnel Files 46 Section 29: Drug and Alcohol Use 46 Section 30: Drug and Alcohol Testing Policy for Commercial Driver’s Licenses 48 30.1 Implementation Date 49 30.2 Definitions… 49 30.3 Program 50 30.4 Alcohol and Drug Prohibitions 50 30.5 Pre-Employment Testing 50 30.6 Post-Accident Testing 51 30.7 Random Testing 51 30.8 Reasonable Suspicion Testing 52 30.9 Return to Duty Testing 52 30.10 Follow-up Testing 52 30.11 Refusal to Submit to Testing 53 30.12 Testing Procedures 53 30.13 Enforcement 53 30.14 Rehabilitation 53 30.15 Employee Records 54 30.16 Government Entity Records and Reports 54 30.17 Not a Contract 54 ---PAGE BREAK--- 7 Section 31: Sexual and Other Unlawful Harassment 54 31.1 Harassing Conduct in General 55 31.2 Identifying Sexual Harassment Conduct 55 31.3 Reporting Harassment 56 31.4 Investigating Harassment 57 31.5 Discipline 58 Section 32: Violence in the Workplace 58 Section 33: Conflict Resolution Procedure 59 33.1 Resolution 59 Section 34: Separation from Employment 60 34.1 Voluntary Separation 60 34.2 Involuntary Separation 61 Section 35: Disciplinary Actions and Appeal Procedures 62 35.1 Types of Disciplinary Action 63 35.2 Appeal Procedure 64 Section 36: Employee Benefits 70 36.1 Bereavement Leave 71 36.2 Child Care Benefits 71 36.3 Educational Benefits 72 36.4 Family and Medical Leave 74 36.5 Holidays 82 36.6 Insurance Benefits 83 36.7 Court Leave 84 36.8 Military Leave 85 36.9 Personal Leave 87 36.10 Retirement Program 88 36.11 Sick Leave Benefits 88 36.12 Vacation and Personal Day Benefits 94 36.13 Voting Time Off 95 36.14 Worker’s Compensation Insurance 96 ---PAGE BREAK--- 8 SECTION 1: INTRODUCTION This handbook is designed to acquaint you with the City of Cody and provide you with information about working conditions, employee benefits, and the policies affecting your employment. It is each employee’s responsibility to read, understand, and comply with all provisions of this handbook. This manual describes many of the benefits and responsibilities of employees, as well as of the employer. One of the City’s objectives is to provide a work environment that is conducive to both personal and professional growth. No employee handbook can anticipate or define every employment-related circumstance. As the City continues to grow, the need may arise and the City reserves the right to revise, supplement, or rescind any policies or portions of the handbook from time to time as it deems appropriate and in its sole, absolute discretion. These policies were established to conform and be complementary to the City of Cody Municipal Code and the State of Wyoming Statutes. In cases where there is deemed to be a conflict between a policy and the Municipal Code or State Statute, the Code and Statute shall prevail. The policies may be amended from time to time; however, in order to be effective, the amendment must be in writing and approved by the Governing Body. Except as otherwise described herein, the policies contained within this manual apply to all regular full- and part-time employees of the City of Cody. Many of the policies also apply to temporary and provisional employees. SECTION 2: ORGANIZATION DESCRIPTION The City of Cody was incorporated in the State of Wyoming in 1901 to serve the residents of this northwestern Wyoming community. The City of Cody is an Administrator with Mayor-Council form of government. The Mayor and six elected Councilmembers hire the City Administrator. The City is comprised of three wards with two Councilmembers representing each ward. In meeting the needs of its residents, the City employs an experienced and knowledgeable staff whose duty is to assist in providing the services its citizens require. To carry out this mission, a number of duties and jobs are assigned to the individuals employed by the City of Cody. The employees provide an effective work force which accomplishes its tasks in the most affordable, efficient, and effective manner possible. The chain of command for the City of Cody begins with Cody residents, who elect the Mayor and Council, which shall be referred to as the Governing Body. The Mayor and Council are the legislative and governing body for the City, with the City Administrator serving as Chief Executive Officer and having superintending control over all City ---PAGE BREAK--- 9 departments. SECTION 3: EQUAL EMPLOYMENT OPPORTUNITY The City of Cody is an Equal Employment Opportunity Employer. In order to provide equal employment and advancement opportunities to all individuals, employment decisions will be based on individual merit, qualifications, and abilities. The City of Cody does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. In addition, the City of Cody is committed to ensuring that employees do not harass any other employee, job applicant, or member of the public. 3.1: UNLAWFUL OR DISCRIMINATORY TREATMENTS The City of Cody prohibits discriminatory treatment based on the following characteristics is against State and Federal Law: • Age (especially those individuals 40 and older) • Disability • Equal pay • National origin, including color, race, nationality, or descent and ethnic • Religion • Retaliation • Sex, including pregnancy • Sexual harassment • Genetic information 3.1.1 Sexual Harassment: Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Forms of sexual harassment include, but are not limited to: -comments or jokes of a sexual nature, or comments or jokes about a person’s appearance or body; -the display of sexually suggestive objects or images; -offensive or abusive physical contact; or -implying or stating that submitting or refusing to submit to sexual favors or acts will have any effect on the individual’s hiring, placement, compensation, ---PAGE BREAK--- 10 training, promotion, employment opportunity or any other term or condition of employment. Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate Supervisor, Department Head, Administrative Services Officer or City Administrator. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. The City of Cody shall take action to insure equality of opportunity in employment. The City of Cody shall encourage training for all management and supervisory personnel to provide an understanding of the City's Equal Employment Opportunity policy and its implementation. 3.2 IMMIGRATION LAW COMPLIANCE The City of Cody is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility within three days of hire. Former employees who are rehired must also complete the form if they have not completed an I-9 with the City within the past three years, or if their previous I-9 is no longer valid. Employees with questions or seeking more information on immigration law issues are encouraged to contact their Department Head or the Administrative Services Officer. Employees may raise questions or complaints about immigration law compliance without fear of reprisal. SECTION 4: EMPLOYEE RELATIONS AND ETHICS The City of Cody believes that the work conditions, wages, and benefits offered to employees are competitive with those offered by other employers in this area and in this industry. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their Supervisor, Department Head, Administrative Services Officer or the City Administrator. Experience has shown that when employees and supervisors deal openly and directly with each other, the work environment and morale can be excellent, communications ---PAGE BREAK--- 11 can be clear, and attitudes can be positive. The City of Cody demonstrates its commitment to employees by responding effectively to employee concerns. Employees may raise concerns about policy compliance and working conditions without fear of reprisal. While on the job, while wearing City uniforms or attire, while traveling as a representative of the City of Cody and while operating City vehicles and equipment, employees are to conduct themselves in a manner which is a favorable reflection of the City and which demonstrates tact, courtesy, professionalism and good judgment. While working for the City of Cody, employees shall devote their energies to the service, business and operations of the City and not to personal affairs. Employees of the City of Cody are to be completely honest, open, professional and forthright in their communications with each other. Similar conduct and ethics should be adhered to off the job as well, as each employee is always in the eye of the public. Any form of hostile, demeaning or unprofessional conduct toward other employees, members of the public of others is prohibited. Examples of prohibited conduct include, but are not limited to: insubordination, defiance, name calling, bickering, intimidating, shouting or yelling, or directing insults to or about a person. All City employees are personally and professionally obligated to serve the public with honesty and integrity. It is essential that the trust of the public, the Governing Body and co-workers be maintained as decisions which go into the operation of City programs are made. Central to the standard of ethical conduct is the City’s policy that no employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity or incur any obligation of any nature which is in conflict with the discharge of the person’s duties in the public interest. Because the confidence of the citizenry is the very foundation for effective Government, even an unfounded appearance of unethical conduct by a City employee on or off the job can significantly impair the capability of City government. Thus, avoiding the appearance or reality of a conflict of interest forms the basis for the City’s ethics policy. City employment is not to be used for unauthorized personal gain. Any conflict between personal interests and official responsibility is to be resolved by consciously avoiding possible conflicts and disclosing the basis of any conflict or possible conflict to the employee’s supervisor so the potential conflict can be reviewed by the Department Head. SECTION 5: CONFLICTS OF INTEREST Employees shall not engage in activities which result in actual or potential conflicts of interest. This policy establishes only the framework within which the City wishes the organization to operate. The purpose of these guidelines is to provide general direction to employees on issues related to the subject of acceptable standards of operation and daily business operations. Contact your Department Head, Administrative Services ---PAGE BREAK--- 12 Officer or City Administrator if you are facing a potential conflict of interest or if you are aware of a conflict of interest within the organization. Transactions within the City of Cody must be conducted within a framework established and controlled by the Governing Body and City Administrator. Business dealings should not result in unusual gains for outside firms or for City of Cody employees. Unusual gain refers to bribes, product bonuses, special benefits, unusual price breaks, and other windfalls designed to ultimately benefit the employer, the employee, or both that they would otherwise not be entitled to. Promotional plans that could be interpreted to involve unusual gain require specific Governing Body and Administrative approval. Employees shall not use their position for their personal or private benefit. A “personal or private benefit” includes, but is not limited to the receipt by the public employee of a gift which resulted from that employee holding that office. A “gift” shall have the same meaning as defined by W.S. 9-13-102 (vi) . A personal or private benefit shall also include any interest or enhancement, whether financial or otherwise, that results in an advantage or benefit for the employee which is not generally available to non-employees, and is not otherwise authorized or permitted by this Manual. For specific questions regarding whether or not something is a gift, contact the Administrative Services Officer. Generally, and most simply stated, a gift is anything of value to the extent that consideration of equal or greater value is not received. City employees shall not use public funds, time, personnel, facilities or equipment for their private benefit or that of another. City employees shall not use public funds, time, personnel, facilities or equipment for political or campaign activity. An actual or potential conflict of interest may also occur when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of business dealings or the employee’s position duties and responsibilities. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is imperative that he/she disclose to a Department Head or the City Administrator as soon as possible the existence of any actual or potential conflict of interest so safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the City does business but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction, business duty, or employee activity involving the City of Cody. Types of activity which should not occur during paid work ---PAGE BREAK--- 13 hours include selling personal care products such as Amway or Avon; purchasing supplies or parts for a home business; or otherwise operating a business on work time. An employee may operate a personal business, hold a job or volunteer for another organization as long as it does not create a conflict of interest for the City or the employee and if he or she satisfactorily performs his or her job responsibilities with the City of Cody. If the City determines an employee's outside interests interfere with performance or the ability to meet the City’s requirements as they are modified from time to time, the employee may be asked to terminate the outside activity if he or she wishes to remain with the City. SECTION 6: HIRING, TRANSFERS, AND PROMOTIONS The City of Cody is committed to hiring, transferring and promoting employees who are qualified and who exhibit the necessary skills and requirements for the position. Under no circumstances will the City violate the requirements of the Equal Employment Opportunity Commission. Candidates will not be discriminated against based on race, color, religion, gender, national origin, age, disability or any other characteristic protected by law. 6.1 Internal Application Process All new or existing open positions at the City will be advertised internally for five days prior to seeking external candidates with the exception of the City Administrator or in situations where in doing so may impede the ability to meet the organization’s needs. In some cases, positions may be advertised internally and externally simultaneously. In rare instances, with the concurrence of the Administrative Services Officer and City Administrator, applicants may be recruited to apply for positions that have not been advertised. In this situation, whenever possible, this decision will be communicated to employees along with an explanation as to why it was deemed necessary to recruit without advertising. Existing qualified employees (including temporary, provisional, regular part-time and full-time) may apply for any internally posted position. Each candidate for City employment must complete an application, letter of intent, resume or any other document required by the City. All necessary information will be reviewed for completeness and to determine if the applicant meets the minimum job qualifications. Those found to be incomplete or that do not meet the minimum position qualifications will be disqualified from the application process. Any falsifications made on application documents may result in dismissal from employment. All applications will be reviewed by the Administrative Services Officer or his/her designee and Department Head or his/her designee, as well as any other assigned employees, to determine those candidates who will be invited for interviews. Once submitted to the City, application material shall not be returned. ---PAGE BREAK--- 14 Applicants must submit application material on or before the deadline stated in the job announcement. However, the Administrative Services Officer may permit a letter, resume, or other indication of interest to be accepted, pending receipt of a properly completed application. 6.2 Disqualification or Rejection of an Application The City may reject or disqualify the application of any person for admission to the selection process, or decline to examine an applicant. An applicant has no right to grieve or appeal any such actions by the City. 6.2.1 Motor Vehicle Record Evaluation Criteria All applicants whose position would require the ability to drive a City owned vehicle will be subject to provide a five-year MVR (motor vehicle record) and if such record poses an unacceptable risk to the City the applicant may not be considered for said position. 6.3 Interview Process All hiring, including promotions shall be made according to merit, skill and fitness for the position. The City of Cody may use any legitimate objective method to determine the qualifications of applicants, including without limitation, written tests, physical agility tests, oral examinations, panel interviews, assessment centers, oral interviews, reference verification and detailed background investigations. All candidates selected to interview for any opening will be asked a standardized set of prepared questions which have been reviewed and approved by the Administrative Services Officer or his/her designee. Interview panels will consist of at least three members, one of which must be the appropriate Department Head or his/her designee. After completing all interviews, the interview panel will make a recommendation for hire or to interview additional candidates. The Administrative Services Officer or his/her designee will ensure a detailed background review verifying at a minimum, the information on the application, including employment history, references and any other information provided by the applicant. This will generally be completed prior to forwarding a recommendation of hire to the City Administrator. If authorized by the City Administrator, a conditional offer of employment will be made to the candidate, pending such requirements as pre-employment drug testing, Department of Family Services (DFS) background check, criminal background check or other requirements for the position. In situations where the City of Cody is competing with other job offers, the City Administrator may authorize a conditional offer of employment be made pending a successful background investigation. If no candidates are selected for hire from the initial interview pool, additional candidates may be selected from the application pool. If the position is not filled from the initial applicant pool, the position may be re-advertised. The City of Cody reserves the right to maintain application pools for six months for the same position at its ---PAGE BREAK--- 15 discretion. 6.4 Hiring The City Administrator is the only person authorized to hire. All candidates recommended for hire by a Department Head may be interviewed by the City Administrator or his/her designee prior to hire. This includes part-time, full-time, temporary, and provisional recommendations. Internal applicants will be given consideration for their years of service to the City of Cody when determining their rate of pay. Employees making an upward change in pay grade will be eligible for at least a 5% pay increase and a maximum of a 10% pay increase, depending on what step they are currently at in their current pay grade. For those employees who are moving several grades, if the 1st step of their new grade is greater than 10%, they will be allowed to move to the 1st step of their new grade. Those employees, who voluntarily move downward in pay grade for personal reasons and not for performance or disciplinary reasons, may do so They will be placed at the appropriate grade and step, noting this will result in a pay decrease. 6.5 External Application Process Generally, all applications for employment advertised to the public will be advertised in the local newspaper of general circulation, a local radio station and/or the Cody Employment Office for a minimum of two weeks and a deadline in which to submit an application will be stated. For some specialized positions, regional newspapers, professional affiliation websites or other recruiting resources may be used and the application deadline may be open until filled All other aspects of Sections 6.2-6.4 also apply to external applicants. 6.6 Transfers All City employees are eligible to apply internally for transfers to similar positions, including temporary and provisional employees so long as the City of Cody has an opening in the position the employee desires. Applicants for higher grade positions must follow the procedures outlined under Promotions. The City Administrator may transfer employees to other departments or divisions at his/her discretion when it is in the best interest of the employee, department, division, or City. An employee who is transferred to another position will be paid at the same step of the new grade, if wage is same or within 5% of current wage. 6.7 Promotions All competitive promotions within the City will be advertised internally, with the exception of the City Administrator, for five days. In general, qualified candidates may be interviewed prior to the City advertising to the general public. The interview panel will include at least three members, one of which must be the Department Head, or his/her designee. Each applicant’s performance evaluations and past City service shall be reviewed and may be used as legitimate criteria in determining the best candidate for the position. Employees are not eligible to apply for a promotion if they are subject ---PAGE BREAK--- 16 to any disciplinary action at the time the promotion announcement is made. The Department Head will obtain authorization from the City Administrator prior to making an offer of promotion to the selected candidate. The applicant pool may remain effective for similar promotional openings for six months. After that time, positions must be posted or advertised as outlined above. 6.7 Temporary Assignment: 6.7.1 Move-Up Pay In the event that an employee is assigned by the City Administrator or department head to work in a higher compensated classification and works in that capacity for a period in excess of thirty (30) consecutive calendar days, the employee shall be entitled to a salary increase of five percent. 6.7.2 Field Training Officer (FTO) In the event that an employee is assigned by the City Administrator or department head to work in the capacity as a Field Training Officer, the employee shall be entitled to a salary increase of five percent. The duration of the temporary assignment shall not exceed one year. The City Administrator will have the discretion to extend beyond this one-year period or promote the employee holding this temporary assignment. Returning the employee to this regular position after the temporary assignment is not considered a demotion. The employee will return to his old pay rate to include any performance/merit increases he received during that temporary assignment. 6.8 Hiring Exceptions The City Administrator is authorized to hire outside the parameters set in sections 6.4 – 6.7 if it is in the best interest of the organization. This exception may include but not limited to the ability to offer travel reimbursement, moving expenses, severance pay and/or other accommodations in the positions of Department Heads and/or first line supervisors. 6.8.1 Hiring Certified Wyoming Peace Officers: Following verification from the Wyoming Peace Officer Standards and Training Commission (P.O.S.T.) that a person is currently certified by the commission as a peace officer, the City may employ that person as an officer without further investigation or examination as per Wyoming State Statue 9-1-711. The City Administrator or his/her designee shall determine whether the statutory items shall be performed, or if any or all of the items may be waived. 6.9 Hiring of Relatives The employment of relatives in an organization can cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at ---PAGE BREAK--- 17 work, personal conflicts from outside the work environment can be carried into day-to-day working relationships. Family members of persons currently employed by the City of Cody may not be hired for positions, including seasonal, temporary, provisional, and regular part-time and full-time if they will be supervised in any manner or at any time by their family member. This policy applies to any relative who currently occupies a regular part-time or full-time position with the City of Cody. If two employees of the City of Cody marry after employment has been established, the individuals may not continue in a position where one might be supervised by the other in any manner. If this occurs, the City Administrator with the concurrence of the Administrative Services Officer will decide who is to be transferred, assuming a position exists for that person to transfer into. An employee transferred to a position will receive a rate of pay within the scale established for that position. If there are no available positions for the employee to be transferred to, the City Administrator will assign another Supervisor or Department Head to the employee who would be supervised by their spouse until such time that a position becomes available in another division or department. At such time, whichever employee is determined to be most suited for the open position will be transferred. 6.9.1 Nepotism: No City employee or official shall advocate or cause the employment, appointment, promotion, transfer or advancement of a family member to an office or position of the City of Cody. No City employee shall supervise or manage a family member who is in an office or position of the City. No City employee, acting in his/her official capacity, shall participate in his/her official responsibility or capacity regarding a matter relating to the employment or discipline of a family member. . The term “family member” as used herein shall. Include a spouse, parent, sibling, child, step child, grandparent, grandchild and household member or equivalent relationship by marriage. 6.10 Compensation: The City Administrator is authorized at his/her discretion to adjust the salary, if it is in the best interest of the organization, for employees in the positions of Department Heads and/or first line supervisors. The compensation will be limited to no more than two steps based on the current grade/step system adopted by the Governing Body. Performance of said Department Head and/or first line supervisor will be taken into consideration when considering this compensation change. SECTION 7: ORIENTATION ---PAGE BREAK--- 18 The Administrative Services Officer, his or her designee and Supervisory personnel shall be responsible for providing orientation to new employees regardless of classification. Orientation shall include information about the structure of City government and its functions, pay plans, personnel rules and policies, benefits, safety procedures and programs, policies of office or work area and department, grievance procedures, necessary employment forms and any other policies or programs which may affect the person's employment. Each new employee shall receive a copy of this manual and shall indicate receipt and understanding by signature. Orientation shall be provided on an on-going basis as policies and procedures are created, revised or updated. An initial employee orientation checklist shall be signed by the employee and made a permanent part of the employee's personnel file. SECTION 8: EMPLOYMENT CATEGORIES It is the intent of the City of Cody to clarify the definitions of employment classifications so employees understand their employment status and benefit eligibility. Each employee is designated as either NONEXEMPT or EXEMPT from federal and state wage and hour laws. NONEXEMPT employees are entitled to overtime pay under the specific provisions of the federal Fair Labor Standards Act. EXEMPT employees are excluded from minimum wage and overtime requirements under the federal Fair Labor Standards Act. An employee's EXEMPT or NONEXEMPT classification may be changed only upon written notification by the City Administrator. In addition to the above, each employee will belong to one of the employment categories as defined below: 8.1 REGULAR FULL-TIME employees are those who are not in a temporary status and who are regularly scheduled to work the City's full-time schedule (40 hours per week). Generally, they are eligible for the City's benefit package, subject to the terms, conditions, and limitations of each benefit program. 8.2 REGULAR PART-TIME employees are those who are regularly scheduled to work at least 20 hours per week, but no more than 29 hours per week, on average, throughout each year. Regular Part-Time employees receive all legally mandated benefits (such as Social Security and Workers' Compensation insurance), as well as a variety of other benefits available to full-time employees. Health Insurance is an excluded benefit. For a more detailed description of the benefits offered, see the Employee Benefits section of this manual. 8.4 PROVISIONAL employees are those who are hired to work year-round, but less than 20 hours per week on average. Their employment may be terminated at any time without cause. While Provisional employees receive all legally-mandated ---PAGE BREAK--- 19 benefits (such as Worker’s Compensation insurance and Social Security), they are not eligible for any of the City’s other benefit programs and are not subject to the employment benefits of this personnel and policy manual. Either the City of Cody or employee may terminate the employment at any time with or without cause, without notice and without the right to appeal. The City of Cody personnel employee manual does not create an employment contract, and no statements of assurances by the City employees shall change the at will status of this position. 8.5 TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified in writing of such change. Temporary employees shall receive all legally-mandated benefits (such as workers' compensation insurance and Social Security), and may be eligible for other City benefit programs dependent upon the initial terms and agreements of their employment. Generally, temporary employees are not subject to the employment benefits of this personnel and policy manual. Either the City of Cody or employee may terminate the employment at any time with or without cause, without notice and without the right to appeal. The City of Cody personnel employee manual does not create an employment contract, and no statements of assurances by the City employees shall change the at will status of this position. SECTION 9: POSITION CLASSIFICATION The City Administrator or his/her designee shall prepare a Position Classification plan which sets forth all of the positions of the City of Cody including position title and a general description of the duties and responsibilities for each position. The Position Classification Plan shall also group all positions into grades. Positions within the same grade will be of equal difficulty and responsibility, require the same general qualifications and can be equitably compensated within the same range of pay under comparable working conditions. Each grade has 14 steps. Please see section 11 for information regarding performance evaluations. The classification or position descriptions may be amended from time to time by the City Administrator as deemed in the best interest of the City. In addition, new classification or position descriptions may be added to the City’s Position Classification Plan. If new positions are added, such positions shall be allocated to an appropriate grade by the City Administrator or his/her designee. If employees believe they are performing work outside the scope of the classification ---PAGE BREAK--- 20 description covering their position, they should report the information, in writing, immediately to the City Administrator. If deemed appropriate by the City Administrator, a review of the employee’s duties will be conducted, in consultation with the employee, the employee’s Department Head and the Administrative Services Officer or his/her designee. The City Administrator or his/her designee will notify the employee and Department Head of the final determination. If appropriate, the employee’s position may be reallocated to a different classification of pay grade. Section 9.1 Job Classification Criteria Job classifications are based on a numerical point system that measures the following: 9.1.1 Job Knowledge: This factor measures the nature and extent of information or facts which the worker must understand to do acceptable work steps, procedures, practices, rules, policies, theories, principles, concepts and precedents) and the nature and extent of skills/abilities necessary to apply the acquired knowledge. It also includes the amount of training required by the job prior to entry in addition to any special requirements, certifications or licenses the employee must have in order to do the job. 9.1.2 Responsibility: This factor measures how much control over the job each employee has and how much responsibility the employee has for accuracy and accountability. In addition, this factors the extent to which the employee has contact with the public, supervises others or is responsible for a division or department budget. 9.1.3 Difficulty: This factor measures the degree of mental or emotional fatigue or stress inherent to the job and sustained through concentration, work pressures or critical incidents. In addition, it considers the cycle, duration, and intensity sustained and considers the need to deal with the public over controversial issues. It also measures the responsibility for problem resolution and the need to meet time deadlines. 9.1.4 Work Environment: This factor measures how much physical effort must be exerted in the position and the variety of working conditions the employee must be exposed to in performing the essential functions of the job. SECTION 10: PERSONNEL INFORMATION CHANGES It is the responsibility of each employee to notify the Administrative Services Officer or his/her designee of any changes in personnel information. Personal mailing addresses, telephone numbers, number and names of dependents, marital status, individuals to be contacted in the event of an emergency, educational accomplishment, and other such status reports are to be accurate and current at all times. If any personnel data has changed the employee is to notify the Administrative Services Department. Failure to notify the Administrative Services Officer or his/her designee of dependent or family changes within a timely manner may affect benefit coverage. The City is not responsible for lack of coverage or benefits not applied due to the ---PAGE BREAK--- 21 employee’s lack of notification of change in their personnel information. SECTION 11: PERFORMANCE EVALUATIONS Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Performance reviews should conducted at 3-month and 6-month intervals after initial hire, after which is on an annual basis. . During the reviews, the supervisor and employee will review the job responsibilities, goals, and performance requirements of the position. Additional annual performance reviews are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize and discuss positive, purposeful approaches for establishing and meeting goals. During each review period, new goals will be assigned to each employee and it is the expectation that the goals will be completed by each assigned deadline. It is the employee’s responsibility to discuss his/her goals with the supervisor or Department Head throughout the review period if he/she has difficulty completing the assigned goals. Formal, written performance reviews are mandatory and scheduled annually during the months of April – June with any budgeted merit changes occurring with the fiscal year. They are conducted by the appropriate Department Head and/or supervisor and reviewed with the employee. The employee has the right and is encouraged to comment in the employee remarks section of the evaluation. Performance reviews are also signed by the City Administrator and the Administrative Services Officer or his/her designee(s). The employee and supervisor will also sign and date the review. A complete signed copy will be provided to the employee. The original performance review will remain in the employee’s permanent personnel file. If employees are meeting or exceeding job expectations by completing their goals and following City of Cody policies, they are eligible for a merit increase at their anniversary date. A merit increase is based on the City’s Step and Grade Classification Plan approved by City Council. Once an employee has reached the last step of the current grade system there are no further merit increases. For those employees at the top of the scale additional compensation hours will be awarded based on years of service with the City of Cody. For employees with less than 15 years of service one day (8 hours) Full-Time or 4 hours RPT will be added as compensation hours for employees 15+ years of services two days (16 hours) Full-Time or 8 hours RPT will be added as compensation hours. Under the circumstance of these additional compensation hours, the employee may exceed the 40-hour max but cannot accrue additional compensation hours until the balance is below the 40-hour limit. The City Administrator administers and maintains this plan and may request appropriate revisions to the plan as often as necessary to assure the plan provides uniform, competitive and equitable compensation for the work performed. For outstanding employees, the Department Head or City ---PAGE BREAK--- 22 Administrator may request an additional step/merit increase for an employee on a one-time basis at the time of the employee’s evaluation. The request must be approved by the City Administrator with the concurrence of the Administrative Services Officer. In general, merit increases will be budgeted for in the regular budget process; however, in the case of budgetary shortfalls, the Governing Body reserves the right to reduce or eliminate merit increase pay at their discretion. SECTION 12: FITNESS FOR DUTY EVALUATIONS The City of Cody, at its expense, may require an employee to undergo a fitness for duty evaluation for any reasonable cause. A fitness for duty examination may include a or medical exam, or both if necessary. If this is deemed necessary, the employee will be protected by HIPPA rules and regulations as set forth in section 21 of this manual. SECTION 13: WORK SCHEDULES, ATTENDANCE, REST AND MEAL PERIODS AND OVERTIME 13.1 WORK SCHEDULES: The normal work schedule for full-time employees is eight hours a day; five days a week unless a schedule change has been requested by the employee and approved or modified by the Department Head. For several divisions or departments, shift work is required and, in these divisions, or departments, the Department Head sets the schedule to most effectively meet the needs of the City. The Department Head and/or his/her designee may also modify employee schedules in order to best fit the needs of the department and/or the City of Cody. Regular part-time employees are expected to work a minimum of 20 hours and no more than 29 hours per week on average throughout the year. Work schedules for provisional and temporary employees will be set to meet organizational requirements. Employees are expected to report to work on time unless prior notification and approval has been obtained from the supervisor or Department Head. Supervisors will advise employees of when their schedules will begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times, work days and total hours scheduled each day and week. Employees working flexible schedules with longer than eight hour days will not be eligible for holiday benefits greater than eight hours for each designated holiday. Employees working flexible schedules must supplement their leave with vacation, personal leave or compensatory time. Employees may be required to be on stand-by time during evening, early morning, weekend or holiday hours. Such schedules will be set by the appropriate Department Head. For additional information on stand-by and call out, please refer to the policy outlining procedures in these situations. ---PAGE BREAK--- 23 13.2 ATTENDANCE AND PUNCTUALITY: To maintain a safe and productive work environment, the City expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on the City. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they are to notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. If an employee knows he/she will be late, every effort must be made to notify the supervisor or Department Head at least one hour in advance of the scheduled start of work. Failure to notify and seek approval for an employee’s absence from work and excessive tardiness may lead to disciplinary action, up to and including termination of employment. 13.3 REST AND MEAL PERIODS: The City of Cody may provide breaks during the workday when it is necessary to avoid repetitive injuries or to ensure a safe working environment. Breaks are not guaranteed and will be at the discretion of the Department Head. Breaks cannot be combined or scheduled at the beginning or end of the workday. Generally, employees must not leave the building or work site during the break and are to refrain from conducting personal business during the break time. Breaks may be authorized as necessary for safety or health reasons. Meal periods will be scheduled to accommodate operating requirements. Employees will be relieved of all active responsibilities and restrictions during unpaid meal periods and will not be compensated for that time. During paid meal times employees are to continue their work responsibilities and remain available to attend to work requirements. With the exception of police staff, employees may not leave the building or work site during paid meal times. Rest and meal periods may not generally be accumulated or combined with other scheduled time off to increase the length of time away from work. Department Heads and supervisors may set varying schedules for rest or meal periods to obtain optimum use of employees' time. 13.4 OVERTIME: When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. All overtime work must receive the supervisor's and/or Department Head's approval in advance unless the overtime unavoidable. Overtime assignments will be distributed by designated supervisory personnel as needed to meet organizational requirements. Overtime compensation (including compensatory time) is paid to all nonexempt (hourly) ---PAGE BREAK--- 24 employees in accordance with federal and state wage and hour regulations. The overtime rate of pay for the City of Cody is one and one-half times the employee's regular rate of pay. Eligible employees may elect to take compensatory time in lieu of overtime pay in accordance with other City of Cody policies and procedures and with the approval of the employee’s Supervisor or Department Head. Employees may accrue up to forty (40) hours of compensatory time. Failure to work scheduled overtime or overtime worked without approval from the Supervisor or Department Head may result in disciplinary action, up to and including possible termination of employment. SECTION 13.5 – VOLUNTEER EMERGENCY RESPONDER CALL POLICY : Whenever possible City employees who are also an active members of the Park County Volunteer Firefighters, or Park County Search and Rescue may respond to calls within the following parameters: • Department Supervisor shall determine if and how many employees may respond to a call based on current staff level, current assignments and nature of call • Crucial Departmental/divisional responsibilities that have priority over fire call(s). • Determination of what vehicles may be used to respond to a call – noting whenever possible personnel will respond to calls in their personal vehicles. • All traffic laws must be obeyed when reporting for a call • Employees may stay “on the clock” for emergency calls within their work period. • No calls will result in overtime for employees responding to emergency calls. SECTION 14: TIMEKEEPING All employees must accurately record hours worked. Federal and State laws require the City of Cody to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Overtime work must always be approved in advance of being worked. Employee time sheets will not be recorded by any individual other than the employee, his/her Supervisor or Department Head. Any changes to the employee’s time sheet will be reviewed by the supervisor and employee. Altering, falsifying, tampering with time records, or modifying time on another employee's time record may result in disciplinary action, up to and including termination of employment and could result in criminal prosecution. ---PAGE BREAK--- 25 Nonexempt employees should report to work no more than 5 minutes prior to their scheduled starting time and stay no more than 5 minutes after the scheduled stop time without prior authorization from their Supervisor or Department Head. The work day, however, begins and ends at specific, stated times. Nonexempt employees may not work before or after the scheduled work day on their time record unless approved by their Supervisor or Department Head. In order to be properly paid for time worked, it is the employee's responsibility to properly record time, sign the time record to certify the accuracy of all time recorded and turn in the time sheet as directed. The Supervisor and/or Department Head will review and sign the time record before submitting it for payroll processing. Corrections or modifications made to the time record must be approved by the Supervisor or Department Head and be communicated to and initialed by the employee. If a nonexempt employee is absent from work for any reason (sick leave, vacation leave, holiday leave, bereavement leave, etc.) the employee's time record will be signed by his/her Supervisor or Department Head. The City of Cody takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee should bring the discrepancy to the attention of the appropriate Department Head or the payroll department so corrections can be made with the next pay check. SECTION 15: PAY PROCEDURES 15.1 PAY PERIODS: All employees of the City of Cody are paid every other Wednesday. Each paycheck will include earnings for all work performed through the end of the previous pay period. Each pay period starts on a Monday at 6:00 a.m. and runs to the next Monday at 6:00 a.m. unless set differently for a specific division or department. In the event that a regularly scheduled payday falls on a day that a majority of the City is not working such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. If a regular payday falls during an employee's vacation, the employee's paycheck will be available upon his or her return from vacation unless arrangements have been made for the check to be released to another authorized person. Paychecks may not be picked up by individuals other than the employee or supervisor unless the employee has given that person written authorization to accept the check and the authorization is on file with the Administrative Services Officer. The City of Cody offers and encourages employees to receive their pay through Direct Deposit. Direct Deposit pay will be credited to the employee’s chosen bank account on the morning of the pay day. The employee will receive a pay stub similar to the pay stub ---PAGE BREAK--- 26 of a regular check. Direct deposit participation is encouraged for all employees as it is a cost savings to the City of Cody. Final paychecks will be held at City Hall to be picked up by the employee unless other written arrangements have been made by the employee and provided to his/her Supervisor or the Payroll Department. Final paychecks will be issued on the pay day of the next normal pay schedule from the date of the employee’s last day of work per State and Federal guidelines. 15.2 PAY DEDUCTIONS: Federal and State laws require that the City of Cody make certain deductions from every employee’s compensation. Among these are applicable federal, state or local income taxes. The City must deduct Social Security taxes on each employee’s earnings up to a specified limit that is called the Social Security “wage base.” The City matches the amount of Social Security taxes paid by each employee. The City may also deduct wages if a properly executed garnishment is served to the City or if the City has been directed to withhold child support or other court mandated deductions. The City of Cody offers programs and benefits beyond those required by law such as health insurance, long term disability insurance, retirement, as well as other voluntary retirement and insurance programs. Eligible employees may authorize deductions from their pay checks to cover the costs of participation in these programs. 15.2.1 Exempt Employees: In accordance with the Fair Labor Standards Act regulations, exempt employees who are required to be paid on a salary basis may not have their pay reduced for variations in the quantity or quality of work performed. Employees who feel their pay has been improperly reduced should report this immediately to the Administrative Services Officer or his/her designee or to the City Administrator. Exempt employees must normally receive their full salary for any week in which they perform work, without regard to the number of days or hours worked. However, the City of Cody may suspend an exempt employee without pay for less than a full week if the exempt employee has been found in violation of workplace misconduct, safety violations or general violation of City policy. Full day absences other than suspensions without pay will require the employee to use accrued leave time, unless otherwise authorized by the City Administrator. Exempt employees need not be paid for any work week in which they perform no work at all for the organization. Deductions from pay cannot be made as a result of absences due to jury duty, attendance as a witness, absences caused by the City of Cody, or ---PAGE BREAK--- 27 partial day absences. Unpaid disciplinary suspensions of one or more full days are permitted so long as they are in accordance with the City of Cody’s Disciplinary Actions and Appeal Procedure policy. Deductions for the first and last week of employment, when only part of the week is worked by the employee may be deducted and the actual time worked may be paid. Improper pay deductions are specifically prohibited by the City of Cody, regardless of the circumstances. Exempt and non-exempt employees may ask their Supervisor, Department Head or Administrative Services Officer or his/her designee any question regarding why deductions were made from their pay check or how they were calculated. 15.3 PAY ADVANCES: The City of Cody does not provide pay advances to employees. In cases of extreme emergency or hardship, the employee may make a request to the City Administrator in writing to allow cashing in accrued vacation and/or comp time in lieu of a pay advance. SECTION 16: STAND-BY AND CALL-OUT Due to the responsibilities of ensuring the public’s health, safety and welfare, many City of Cody employees may be assigned to work outside their regular schedule. In order to ensure that City staff is available to address these occurrences, stand-by time is required. Stand-by is defined as the period of time that an employee must be available to take a call and respond to work within a reasonable period of time. Compensation is provided for this time that an employee is on Stand-by and therefore the employee is limited to activities that most employees would be afforded beyond the normal work day. An employee placed on stand-by may be issued a City of Cody pager or cell phone which he/she will keep during all hours he/she is on stand-by. An employee on stand-by will be the first employee called to address such situations as a power outage, broken water line, snow or ice buildup or other situations requiring immediate attention. Assignment of stand-by duty will be coordinated by the appropriate Supervisor or Department Head. Department Heads or Supervisors may, depending on the situation which arises, call out an employee who is not on stand-by in addition to or in lieu of the employee on designated stand-by. In some departments and/or divisions, it may be necessary to have more than one employee on stand-by. Call-out is defined as the phone call or communication received which requires a response from the stand-by employee to a determined location to address a public health, safety or welfare issue. Call-outs may come from the Park County Dispatch Center, a Supervisor, a Department Head, City Administrator, or any Incident Commander during an emergency. For employees who are subject to stand-by the response requirements shall be as ---PAGE BREAK--- 28 follows: • All city employees who are assigned to stand-by must be available to respond to the call out within 30 minutes of the City Limits during the period in which s/he is on call. Care and consideration should be taken when accounting for adverse weather conditions, road conditions, and known hazards. All employees shall obey and adhere to all Federal, State and Local traffic laws and shall drive in a safe and prudent manner. All emergency responders must comply with Wyoming State Statute 31-5-106 as well as all other rules and regulations as defined within the Cody Police Department Procedures Manual. Compensation for stand-by time will be provided as follows: Monday - Friday beyond the regular work schedule – 1 (one) hour regular pay for each 24 hour period on stand-by. Saturday and Sunday - 2 hours regular pay for each 24-hour period (4 hours total). Holidays - 4 hours regular pay for each observed City of Cody 24-hour holiday. In the event an employee is called out to work to address an immediate situation outside the regular work schedule, he/she shall be compensated at the overtime rate (once he/she has already worked 40 hours in a work week) of one and one-half his/her regular rate of pay. Each call out begins when the employee arrives at the call out location(s), and ends when the employee has finished the job and leaves call out location(s). Employees who have not reached 40 hours worked shall be compensated at his/her regular rate. Call-outs will be computed as follows: • Each call-out lasting less than two hours will be compensated for two hours at the overtime rate. If an employee is called out again during those initial two hours, he/she will not receive additional two-hour compensation. If the additional call-outs last beyond the two hours, the following will occur. • If a call-out extends beyond two hours, the employee will be compensated at the overtime rate for the actual amount of time worked. An employee who is assigned stand-by time shall be available to respond to calls requiring action. Employees are required to adhere to this policy as well as the related provisions in Sections 24.6, 24.7, and 29, which requires employees to use the City take home vehicle for City purpose only, to live within a 30 minute response time to the City limits during the entire period the employee is assigned to stand-by duty, and shall refrain from using, possessing, distributing, selling, or be under the influence of illegal drugs or alcohol. In addition, if he/she cannot be located, fails to respond within 30 minutes, or otherwise violates this policy, he/she will be subject to disciplinary action ---PAGE BREAK--- 29 up to and including termination of employment. Employees earning standby pay or call-out pay may choose to be compensated in pay or in compensatory time. Employees who are on Vacation, Sick or Compensation Leave may not be on call during those day(s), except when the vacation, sick leave or compensation time is less than 8 hours. The City Administrator may review case-by-case situations to authorize an employee to be on standby at the same time the employee is taking paid time off. SECTION 17: PERSONAL APPEARANCE Professional dress, appearance, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the professional image the City presents to the community which includes people of all ages. In many positions, City employees are viewed as role models for young people. City of Cody employees should dress and maintain a personal appearance that reflects a role model image for all age groups. During working hours, employees are expected to present a clean and neat appearance and to dress and present themselves according to the professional requirements of their positions. Consult your Supervisor or Department Head if you have questions as to what constitutes appropriate attire. The Department Head or Supervisor reserves the right to request body piercings and tattoos to be removed or covered up during working hours. Depending on the employee's position with the City of Cody, uniforms may be issued as mandatory attire during working hours. Additional information relative to required attire may be obtained from the appropriate Supervisor or Department Head. In positions where protective footwear is required the City will reimburse the employee based on the following: • Electric Division Employee up to $420.00 every two years and all other Public Work Division Employee up to $180.00 annually. In positions where protective eyewear is required, the City will furniture safety glasses or goggles. For employees who require prescription eyewear the City will reimburse the employee up to $150.00 every two years. • All reimbursement will require current receipts and employee will be reimbursed based on the current financial policy following State regulations. Employees, with the exception of the police department, may wear their uniforms when off-duty and are requested to use their good judgment while wearing items with City logos as the perception would be that you are representing the City of Cody. SECTION 18: RETURN OF PROPERTY ---PAGE BREAK--- 30 Employees are responsible for all property, materials, or written information issued to them or in their possession or control. All City property must be returned by employees on or before their last day of work or upon transfer. Where permitted by applicable laws, the City may withhold from the employee's paycheck the cost of any items not returned. The City may also take all action deemed appropriate to recover or protect its property. With the approval of the employee’s supervisor or department head, certain articles of clothing may not be required to be returned to the City of Cody. SECTION 19: SECURITY INSPECTIONS The City of Cody is committed to providing a work environment free of illegal drugs, alcohol or other improper materials. Therefore, the City prohibits the possession, transfer, sale, or use of such materials on its premises. The City requires the cooperation of all employees in administering this policy. Computers, desks, lockers, and other storage or work devices may be provided for the convenience of employees to use or store legal and appropriate personal belongings. They remain the sole property of the City of Cody. Accordingly, they, as well as any information or articles found within them, can be inspected by any supervisory staff for the division or by the City Administrator or Department Head, or by any other staff representative as assigned by the City Administrator or Department Head. Inspections can occur at any time, either with or without prior notice. In addition, computers issued to employees for City business, may be inspected for inappropriate use at the request of a Supervisor, Department Head or City Administrator. As a general rule, when the City Communication and Information Systems Analyst or Network Technician repairs or updates any City owned computer equipment, he/she will inspect the computer for material or use not appropriate for the work place. SECTION 20: SMOKING In keeping with the City of Cody's intent to provide a safe and healthy work environment, the City prohibits the use of any and all tobacco products in all City owned buildings and facilities, and when using, riding in or operating City vehicles or equipment. This policy applies equally to all employees, customers, and visitors. “Tobacco products” includes, but is not limited to cigarettes, cigars, pipes, electronic cigarettes (e-cigarettes), vape pens, vaping mods, and smokeless tobacco (including but not limited to chew, snuff, etc.). Members of the police department may possess tobacco products when required to keep such products as evidence in investigations, or when seized from suspects who are arrested. SECTION 21: EMPLOYEE MEDICAL EXAMINATIONS ---PAGE BREAK--- 31 To help assure that employees are able to perform their duties safely, drug tests may be required as a condition of full-time and regular part-time employment with the City. Any classification of employee whose responsibilities include driving City vehicles or equipment will be subject to a pre-employment drug test, this requirement also includes seasonal positions that require use of City vehicle or equipment The City is committed to providing a safe, efficient and productive work environment for all employees. Using or being under the influence of drugs or alcohol on the job may pose serious safety and health risks. To help ensure a safe and healthful working environment, individuals offered a full-time or part-time position with the City will be asked to provide body substance samples (such as urine and/or blood) to determine the presence of alcohol or illegal or illicit drugs. Temporary employees who are offered a position with the City of Cody that will require them to drive City vehicles and equipment will also be asked to provide body substance samples (such as urine and/or blood). Job offers will be conditioned upon passing the test, which will be conducted by a certified laboratory of the City's choosing. Employees required to maintain a commercial driver’s license in their employment with the City of Cody will be subject to all testing and compliance requirements of the Federal Omnibus Transportation Employee Testing Act of 1991. Additional employees who hold safety sensitive positions may also be subject to random testing programs. Information on an employee's medical condition or history will be kept separate from other employee information and maintained confidentially. Access to this information will be limited to those who have a legitimate need to know and must be approved by the Administrative Services Officer and/or City Administrator. SECTION 22: HIPAA REGULATIONS The City of Cody provides a group health insurance plan and employs more than 50 employees, and is therefore mandated to comply with HIPAA (Health Insurance Portability and Accountability Act of 1996) regulations. HIPAA was designed to help protect employees’ rights to health coverage during events such as changing or losing jobs, pregnancy, moving or divorce. It also protects employers when providing health coverage for employees. The main purpose of the HIPAA regulation is to safeguard any protected health information. The regulations protect medical records and other individually identifiable health information on paper, in computers or communicated orally. The City of Cody may not disclose any protected health information unless it is for treatment, payment or plan operations, unless the City of Cody has obtained consent from the employee, or is permitted or required by the privacy rule. When using or disclosing protected health information or when requesting it from another covered entity, the City of Cody must take reasonable steps to limit it to information that is the minimum necessary to accomplish the intended purpose of the use, disclosure or request. ---PAGE BREAK--- 32 In complying with HIPAA regulations, the City of Cody must appoint a privacy officer. The privacy officer for the City of Cody will be the Administrative Services Officer or his/her designee. SECTION 23: USE OF PHONE, MAIL AND COMPUTER SYSTEMS Personal use of City telephones including cellular phones for long-distance and toll calls is not permitted. Employees should practice discretion in using City telephones when making or receiving personal calls. All personal calls which may result in a charge for use must be placed on the employee's personal calling card or charged to the employee's personal telephone. In order to ensure the safety of employees during work time, as well as the safety of the public, all City of Cody employees must also abide by the following: 1. Employees operating a City Vehicle or a personal vehicle while on City business must pull over and stop in a safe location before answering a call or placing a call on a cellular phone. a. Exceptions: i. If the employee has a hands-free device in the vehicle or a blue tooth device, cell phone use while driving will be permitted. Employees are encouraged however, to pull over to a safe location if possible as conversations in and of themselves can be distracting. ii. The City of Cody Police Officers are exempted from section 1 of this policy. 2. Use of personal cell phones for non-job-related communications while on duty shall be limited to emergency or urgent situations, such as urgent medical or child care issues, and other similar unforeseen family situations. Use of personal cell phones for City business is strongly discouraged. Employees who wish to use their personal cell phone for City business consent to a limited search of the data, information and messages on their phone for purposes of investigating work places complaints or issues, or possible violations of City rules, policies, procedures or directives. 3. Personal cell phones shall be turned off whenever an employee is performing safety critical work such as operating heavy equipment, performing construction activities or any other duty where distractions can be dangerous. a. Exception: i. If the employee’s supervisor has required the employee to use a personal cell phone for work related communication, the cell phone may be left on. 4. If cell phone use is required for job related communications, the following procedure shall be followed: a. When a call is received while an employee is performing hazardous or ---PAGE BREAK--- 33 safety critical work, the employee will not answer the call until the work is completed or suspended in such a manner that the safety of the employee and the public is insured. This shall apply to the use of radio communications as well. b. If the employee must make a call while performing hazardous or safety critical work, the employee must either complete or suspend the work and insure they are in a safe location or situation before placing the call. 5. This policy does not absolve a City employee from following all current Wyoming State Statutes covering cell phone use. The use of City-paid postage for personal correspondence is not permitted. The same is true for faxing and copying personal documents for personal use. A fee schedule has been set by the City of Cody for the general public and all employees must abide by the fee schedule if using City Equipment for personal use. Electronic mail, electronic messaging, Internet and other computer communication methods are made available to many employees to improve organizational efficiency. Users of such systems are responsible for complying with this policy. Violations of the policy may be the basis for disciplinary action, up to and including termination. Computer systems provided by the City should be used for the City’s purposes. They are owned solely by the City of Cody and information contained in them is to be treated the same as other company business records, materials and equipment. The City of Cody maintains the right, but not the duty, to monitor all communications and downloads passing through its facilities. Use of City computers, electronic devices, software, networks, systems, cell phones, internet, email and other City equipment for personal use, or for any use not related to City business, is prohibited. If incidental or occasional personal use of the system is made, such use is subject to the same policies and procedures set out in this policy. The City of Cody maintains the right to review all company and consequently personal records, including electronic or e-mail messages. To assist in further clarification of this policy, employees are expected to read and understand the following information. 23.1 Improper Activities: City of Cody employees are not to view, download, send, disseminate or knowingly receive harassing, pornographic, threatening, sexually explicit, obscene or illegal information by use of the City’s equipment and facilities. Employees may not use the City’s facilities or equipment to conduct illegal activity or for personal or commercial advertisements, solicitations or promotions. 23.2 E-Mail: E-mail resembles speech in its speed and lack of formality. However, unlike speech, e-mail leaves a record that is often retrievable after the sender and recipient have deleted. E-mail messages can be misdirected by the sender or by an error ---PAGE BREAK--- 34 in the message routing process. Internet e-mail relies on public networks outside the City’s control. Service levels and confidentiality cannot be guaranteed. 23.3 Internet: Material may not be downloaded from the Internet in a manner which violates software licenses or the copyright trademark and patent laws. 23.4 – Social Media 1.Purpose - Social media refers to interaction among people that involves creating, sharing, and/or exchanging information and ideas in online communities. The purpose of the City of Cody’s utilization of social media is to leverage online channels to promote a common brand of customer service and provide community members and visitors with information that improves their day-to-day experience in Cody. Social media platforms are an extension of means already used to accomplish communicational goals, and the City of Cody website (cityofcody-wy.gov) will remain the primary Web presence for official information. This policy outlines appropriate access to and acceptable use of official City of Cody social media platforms. The overarching goal of this policy is to allow employees to engage in social media in a way that promotes the City of Cody yet maintains utmost professionalism and privacy. The City of Cody encourages the appropriate use of social media, herein described, to further its outreach to community members and provide a public avenue for conversation and inquiry. Employees permitted to use official City of Cody social media platforms will adhere to all standards and expectations outlined in this policy, which may be amended at any time at the request of the City’s Administration and as approved by the Governing Body. 2.Platforms - Facebook is currently the only approved social media platform at the City of Cody. Additional platforms may be added in the future if management determines that others are necessary and appropriate. Additional platforms may be approved by the City Administrator based on recommendation/review from the Network Communications Administrator. 3.Access - Not all employees will be required to engage in the City of Cody’s social media campaign, and, as such, only certain employees will be granted access to social media administration and monitoring features. Staff members who are granted these abilities will be assigned as appropriate by their Department Head and approved by the City Administrator. Before gaining access, employees will undergo training on usability and best practices by the System Administrator, Administrative Services Officer, and/or other versed employees designated by the City Administrator. Following adequate training and approval of the City Administrator, access will be granted. The employee will then be required to connect with the City Administrator, System Administrator, and other notable administrators on the social media platform. ---PAGE BREAK--- 35 Employees who are granted access are required to create a new professional account that is tied to their City of Cody email address ([EMAIL REDACTED]). Any personal accounts that employees may use, or use in the future, are to be kept completely separate from their professional accounts, and official City of Cody activity is only allowed to occur via an employee’s professional account. Employees that possess a personal social media account are encouraged to include their middle initial in the display name of their professional social media account John A. Smith) to differentiate from their personal social media account display name John Smith). Authentication credentials used to access social media platforms must conform to the City’s password standards and requirements. Employees who are granted access will be provided the Social Media Access & Acceptable Use Policy, as well as, sign the Social Medial Policy – Acknowledgement & Participation Permission Statement. 4.Acceptable Use - This policy governs the professional use of City of Cody social media platforms—not personal use in any way. Personal use of social media platforms is prohibited while working on City time and shall not be accessed on City-owned computers and devices. The use of official City of Cody social media platforms to share personal views and ideas is also prohibited. The most typical and appropriate uses for social media at the City of Cody are to disseminates time-sensitive or emergency-oriented information and to broadcast marketing or informational messages. Employees with access to the City of Cody’s social media platforms are restricted to producing content that is pertinent to the City of Cody and any of its associated services. 5.Termination of Access - Upon violation of the guidelines outlined in this policy, an employee may lose social media privileges immediately, and, in addition, may face disciplinary actions up to and including termination of employment. Instances of personal use, a security breach, and workplace productivity concerns may also warrant termination of an employee’s social media access and/or employment with the City of Cody. In all cases of employment termination or departure, the individual’s social media access and presence will be revoked within 48 hours. The employee will be asked to remove themselves from all official City of Cody social media platforms, as well as delete all professional social media accounts. If the deletion request is not obliged, the System Administrator will delete the social media account(s). Any violation of this policy is subject to disciplinary action up to and including employment termination. SECTION 24: ASSIGNMENT AND OPERATION OF CITY-OWNED VEHICLES AND EQUIPMENT POLICY Section 24.1 Purpose Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to repair or replace. When using property, employees are expected to exercise ---PAGE BREAK--- 36 care, perform required maintenance, follow all applicable laws and City policies and follow all operating instructions, safety standards and guidelines. City vehicles and equipment may only be used for City purposes and as authorized. These rules and procedures govern the assignment and proper use by City employees of City-owned or leased vehicular or other equipment. The purpose of these procedures is to insure the most efficient and effective use of City vehicles and to minimize potential City liability to the greatest extent possible. Further, these procedures will insure that vehicles and equipment allocated to City employees will be utilized in a legally and economically responsible manner to the benefit of the municipal organization and citizens of Cody. Misuse or damage to City equipment, vehicles and/or property may result in disciplinary action up to and including termination of employment. 24.2 Adherence to Traffic Laws Any employee of the City who drives or operates City-owned motor vehicles or motorized equipment shall strictly obey the State of Wyoming, City of Cody , and all other traffic regulations and operating procedures. City employees will at all times drive City-owned motor vehicles and motorized equipment defensively, safely, and courteously on both public rights-of-way and private property. Any employee who abuses or negligently uses City-owned motor vehicles or motorized equipment or who violates any city, state or federal traffic law may be subject to disciplinary action up to and including termination. All fines received shall be the responsibility of the employee. In incidents involving property damage to City-owned vehicles or equipment, or to private property involving City vehicles or equipment, it shall be the employee’s duty to contact law enforcement and his/her Supervisor or Department Head immediately. The Department Head or Supervisor shall conduct an investigation into the circumstances. The Department Head or Supervisor and employee shall prepare a written report, which includes a statement of the facts and conclusions of the incident. These reports shall be sent to the Administrative Services Officer prior to the Department Head or Supervisor administering any disciplinary action to insure consistency in disciplinary action. Any employee of the City who drives or operates City-owned equipment must maintain an appropriate, valid driver’s license and follow Driver’s Licensing Rules and Regulations including commercial vehicle requirements (CDL). 24.3 Responsibility for Motor Vehicle Fleet All City-owned or leased motor vehicles and equipment shall be under the direction of the Department Head, who shall be responsible for the operational ability of motor vehicles. The Department Head shall also issue any appropriate safety rules for the operation of any City equipment after receiving concurrence of the City Administrator. ---PAGE BREAK--- 37 The Vehicle Maintenance Division shall provide support services including maintenance, servicing and safety training of each department’s fleet. Upon hiring new employees, the Department Head shall be responsible for ensuring proper training of new employees before allowing the operation of City-owned motor vehicle equipment to ensure that they possess the proper classification as to the kind of equipment they are qualified and required to operate. All driving violations in personal or City-owned vehicles, on or off-duty, which result in a suspension or restriction of the employee’s driving privileges must be reported immediately to the employee’s immediate supervisor. The Administrative Services Officer or his/her designee will administer annual reviews of driver’s licenses and shall, along with supervisory staff, maintain a list of license types required for each vehicle class and ensure each employee maintains the appropriate type of license. The following criteria will be considered in determining marginal or poor driving records: • Conviction for an alcohol and/or drug related driving offense • Refusal to submit to a Blood Alcohol Content (BAC) test • Conviction for reckless driving • Any combination of three or more moving violations, “At Fault Accidents” or “Preventable Accidents” within the most recent three years • Suspension, revocation or administrative restriction with in the last three years • Leaving the scene of an accident as defined by state laws • At fault in a fatal accident • Felony committed involving a vehicle • Three or more “Company Vehicle” physical damage claims in any twelve-month period Marginal or poor driving records will be determined based upon a case by case situation and may comprise of one violation or several violations combined. Emphasis will be placed on risk and liability to the City of Cody. Violations resulting in marginal or poor driving records and/or loss of the appropriate driving license may result in disciplinary action up to and including termination of employment or reassignment of the employee by the Department Head or City Administrator. 24.4 Safety All operators and their passengers of City-owned vehicles and equipment are required to properly and fully use all available safety devices including but not limited to safety belts, harnesses, glasses etc. Furthermore, operators of City-owned equipment and the City vehicle maintenance technicians will not tamper with, nor attempt to defeat the purpose of any vehicular safety device, except for servicing. • Any malfunctioning City-owned vehicles or equipment shall be reported to the Division Supervisor. It is the Supervisor’s responsibility to ensure that at no time ---PAGE BREAK--- 38 shall a seriously defective piece of equipment or vehicle remain in use. • Unattended vehicles must have the ignition key removed and be locked. • The City of Cody Safety Committee may implement with the approval of the City Administrator certain safety policies in an effort to reduce costs and the number of incidents and accidents. All approved and implemented policies and procedures will be communicated in writing to all employees and may be placed in Appendix A of this manual. It is the employee’s responsibility to adhere to each policy or procedure as written. 24.5 Operation of Equipment All employees who operate equipment and vehicles will exercise good judgment in utilizing it and shall not drive or use the equipment so as to cause unfavorable comment or reflect discredit on the City. Except in cases authorized by the City Administrator, or when acting under written contract with the City, no City-owned vehicles and equipment shall be operated by persons not employed by the City. Exceptions to this provision are for vehicle servicing, emergencies, occupant safety, or operation of a vehicle by a non-city employee on an authorized out-of-town City business trip. Transportation of sick or injured persons in a department vehicle shall not be permitted except in cases of minor injury to a city employee or if a citizen/employee is seriously injured or ill and no other means of transportation is available. No City employee shall operate City-owned vehicles or equipment unless so authorized by the Department Head and/or Supervisor. Except in emergencies or for training or testing of job applicants, no supervisor shall direct or permit an unauthorized employee to operate City-owned motor equipment or any type of equipment for which the employee has not been classified or trained to properly operate. City-owned vehicles and equipment are provided for City purposes and business use only. Police Officers and on-call employees who are allowed to drive City vehicles (marked and unmarked) home are not permitted to use the vehicles for personal use while on or off duty. 24.6 Take Home Vehicles Police Officers and employees designated on call by the appropriate Department Head will be allowed to drive an assigned vehicle home for purposes of responding while on call, provided that the employees are able to respond within a 30-minute response time to City Limits. All employees not residing within a 30-minute response time to City Limits will not be permitted to use the assigned vehicle during the time frame while on call. No employee will be permitted to conduct any personal business while driving the city owned vehicle. ---PAGE BREAK--- 39 24.7 On Call Status This group is composed of those positions that are necessary for operational supervision of municipal functions or call out on an emergency basis. Vehicles are to be utilized only for the performance of specific job-related functions during times of regularly scheduled shifts, or hours of work. Employees may utilize their City-owned vehicles to travel to and from work as stated in the conditions outlined above. For purposes of this guideline, “on call” employees or “stand-by” employees will be defined as those employees who must remain in contact of Park County dispatchers and who reside within a30 minute response time within the Cody City limits. Employees “on call” or on “stand-by” must not leave the 30-minute response area unless they are traveling out of town on pre-approved City business. In situations where the “on call” or “stand-by” employee out of town on City business the supervisor shall designate a replacement prior to leaving the City limits. In situations where the “on call” or “stand by” employee calls in reporting an illness or injury resulting in his/her absence from work, the Supervisor shall designate a replacement. All policies and procedures outlined in the City’s stand-by and call-out policy shall apply. 24.8 Non-City Employee Vehicle Rules and Exceptions Non-City employees are not permitted to ride in or drive City-owned vehicles or use City-owned equipment except under the following circumstances. o When necessary to conduct City business. o As an authorized ride-along with proper indemnification and a signed waiver. In general, Police Ride-Along will not be permitted unless the Ride-Along is for business purposes. Examples of business purposes include but are not limited to chaplains, consultants, co-workers, visiting peers, car-pooling with nearby communities for training purposes and elected officials. o Emergency use. o Employees are reminded that City vehicles shall not be used to transport family members or other non-city employees to and from day care, school, places of work or other locations. 24.9 Storage at Authorized Facilities All city-owned motor vehicles and equipment shall be parked in a departmentally assigned location at the completion of operation. These locations are City Hall, Cody Auditorium, Parks Shop, Paul Stock Aquatics and Recreation Center, Streets and Electrical Shops and Maintenance Facilities, Draw Street Building, and the Park County Law Enforcement Center. Vehicles assigned to City employees who are to be absent from the City for five or more working days on personal or business trips should, when possible, park their vehicle at the Vehicle Maintenance Facility. ---PAGE BREAK--- 40 24.10 Alcoholic Beverages or Illegal Drugs Alcoholic beverages or Illegal Drugs are not allowed in City-owned vehicles at any time. Exception to this will be in the case of Police transporting it as evidence. Alcoholic beverages or Illegal Drugs shall not be consumed prior to driving a City vehicle. Refer to policies relating to drug and alcohol use. 24.11 Assigned Use of City-owned vehicles Due to emergency situations and off-business hours response the City of Cody may assign properly equipped take home vehicles to the following positions: Administrative Services Officer, Public Works Director, Police Chief, Assistant Police Chief, Police Lieutenant, Police Officers, Parks, Recreation and Public Facilities Director, Water/Wastewater/Solid Waste and Transportation Superintendent, Streets and Vehicle Maintenance Superintendent, Parks Supervisor, Public Facilities Supervisor, Building Official, and Electrical Engineer. Because the assigned use of a City-owned vehicle is a benefit according to the Internal Revenue Service, employees who are assigned use of a City-owned vehicle will be taxed a fee per day for use of the vehicle. The fee to be taxed will be determined yearly as per the Internal Revenue Service guidelines. In addition, each employee must obtain an endorsement which provides coverage for driving a City-owned vehicle. The endorsement will cover the employee and the City during times that the employee is driving the City-owned vehicle to and from work and other times when the employee is not being compensated while driving the vehicle. The City Administrator, as requested by the Department Head, may make other vehicle assignments on a temporary or permanent basis. The City Administrator will have the discretion to review the need for the above positions listed on an annual basis or as vacancies occur. Vehicle Allowances may be authorized during the budget process for other employees who may be required to travel on a regular basis on city business within the City Limits. The City Administrator will have discretion to review and authorize otherwise. SECTION 25: BUSINESS TRAVEL In carrying out the duties and responsibilities of their respective positions, employees will often be required to travel in City-owned vehicles and equipment, both inside the City of Cody limits as well as out of town. The City of Cody will allow use of a City credit card or reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the appropriate Department Head or City Administrator. In general, employees should contact their supervisor for guidance and assistance on ---PAGE BREAK--- 41 procedures related to travel arrangements, expense vouchers, reimbursement for specific expenses, or any other business travel issues. Employees whose travel plans have been approved are responsible for making sure their travel arrangements have been made. Abuse of this business travel policy, including falsifying expense vouchers to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment. 25.1 Meals while traveling 25.1.1 Same Day Travel: Employees traveling to and from the intended destination in the same day will not be allowed to have meals paid for by the City of Cody unless the meal receipts are turned into the employee’s Department Head with the employee’s timesheet and the employee is taxed on the value of the meal. Meals are considered fringe benefits or wages and must be taxed unless the employee is away from home overnight. This is in accordance with the Internal Revenue Service. 25.1.2 Overnight Travel: Employees traveling overnight will be eligible to have meals paid for without taxation. 25.1.3 Reasonable Meal Allowance: In general, it is customary for the employee to use their best judgment when purchasing meals while conducting business for the City of Cody. The following figures are to be used as reasonable guidelines for meal purchases. It is understood by the City of Cody that occasionally it will not be possible to purchase meals within the guidelines outlined due to the location of the travel destination: a. Breakfast up to $15.00, excluding tip b. Lunch up to $18.00, excluding tip c. Dinner up to $37.50, excluding tip d. Daily Guideline up to $70.50, excluding tips 25.1.4 Meals Close to Cody: The City of Cody will not pay for meals for employees traveling who are within 50 miles of Cody. The employee should wait to eat when they return home, unless special arrangements have been approved by the employee’s Supervisor or Department Head. If the reason for the travel is in this location, then a meal is permitted and the employee is subject to the guidelines in sections 25.1.1 through 25.1.3. 25.1.5 Meal Incidentals: Employees should not purchase snacks or beverages with City funds while traveling. These items should be purchased with the employee’s own funds. However, City funds can be used on purchasing snacks if they are purchased in lieu of a meal and are within the guidelines of section 25.1.3. ---PAGE BREAK--- 42 25.1.6 Meal Tips: Tips for servers shall not exceed 20%. 25.1.7 Alcoholic Beverages: City Employees are not authorized to purchase alcoholic beverages with City funds at any time. If an employee chooses to order alcohol with their meal, the employee must pay for the alcohol with their own funds, and it must be on a separate receipt from the meal the City is purchasing on behalf of the employee. At no time shall a City of Cody employee order or consume alcohol if driving a City of Cody vehicle. 25.2 Reporting Expenses while traveling: An itemized expenditure receipt must be provided for each purchase made by the employee while traveling in order for payment or reimbursement of travel or other business expenses to occur. A travel voucher depicting all receipts must be completed by the employee and approved by the Department Head upon the employee’s return. The travel voucher shall be turned in to Accounts Payable for payment to vendors or reimbursement to the employee. Expenses for which a receipt is not provided will not be reimbursed or paid by the City. 25.3 Personal use of City vehicle while traveling: Employees are required to obtain a City vehicle for travel and utilize the City credit card for fuel purchases, If the employee request and if approved by the appropriate Department Head, an employee may use his/her own personal vehicle for business travel and will be allowed to purchase fuel utilizing the City credit card. However, use of personal automobiles in the performance of municipal business is entirely voluntary. The City of Cody does not provide insurance coverage for any employee who uses his/her personal auto for business purposes. In rare instances and with the approval of the Department Head and concurrence with the City Administrator prior to the travel employees who use their personal vehicles for business travel may be reimbursed for mileage at a rate set by the Governing Body, which will be the IRS established rate unless alternative formal action is taken by the Governing Body. Such reimbursement will follow the City Council meeting which approves the reimbursement voucher. The City of Cody assumes no responsibility beyond allowing fuel or mileage reimbursement when applicable and therefore it is the employee's responsibility to protect against damage to his/her automobile and legal liability in such form and amount as the employee deems adequate. It is suggested that those employees who have occasion to use their personal auto for business purposes carry a minimum coverage at the same level as the City of Cody's policies for bodily injury and property damage. It is highly recommended that employees consult with their own insurance agent and consider carrying liability coverage which would ensure avoidance of a situation which could potentially be a financial burden to the employee. It is also essential that ---PAGE BREAK--- 43 employees who use their personal auto for municipal business properly inform their carrier accordingly to insure complete coverage. When an employee uses a City owned vehicle for an authorized trip (such as driving to a training or meeting out of town), the employee may take the vehicle only to and from the location of the training or meeting, and to restaurants or other establishments where the employee will eat meals. The employee shall not use a City vehicle to drive for other purposes unrelated to City business, such as visiting relatives or friends, shopping, or going to bars. Employees who are involved in an accident while traveling on business must report the incident to their immediate supervisor. Vehicles owned, leased, or rented by the City may not be used for personal use without prior Department Head approval and may not be driven if alcoholic beverages, illegal drugs or prescribed drugs which prohibit driving have been consumed. With prior Department Head approval, employees on business travel may be accompanied by family members or friends, when the presence of companions will not interfere with the successful completion of business objectives. Generally, employees are also permitted to combine personal travel with business travel, as long as time away from work is approved. Additional expenses arising from such non-business travel are the responsibility of the employee, as are expenses incurred because a family member or friend accompanies the employee. SECTION 26: SAFETY To assist in providing a safe and healthful work environment for employees, customers, and visitors, the City of Cody has established a workplace safety program. This program is a top priority for the City. The Department Heads and supervisory staff have responsibility for implementing, administering, monitoring, and evaluating the safety program within their relative departments. Its success depends on the alertness and personal commitment of all. The City provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor-employee meetings, bulletin board postings, memos, or other written and electronic communications. Employees and supervisors receive regular workplace safety training. The training covers potential safety and health hazards and safe work practices and procedures to eliminate or minimize hazards. Some of the best safety improvement ideas come from within. Those employees with ---PAGE BREAK--- 44 ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their supervisor or Department Head, with another supervisor or to their division Safety Committee Representative. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal. Each employee is expected to obey specified safety rules and procedures for their department and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor or Department Head. Employees may refuse to work in unsafe work conditions without fear of reprisal if the unsafe conditions have been reported to his/her supervisor or Department Head. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of employment. In the case of accidents, incidents or injuries, regardless of how insignificant it may appear, employees are to immediately notify their supervisor or the Administrative Services office and to complete all required information in a prompt and timely manner. Such reports are necessary to comply with laws and to initiate insurance and workers' compensation benefits procedures where applicable. Employees are also expected to address safety issues and concerns which they see when in the community. This may include stopping and fixing the issue immediately or securing a scene until it can be addressed by the appropriate staff. SECTION 27: VISITORS IN THE WORKPLACE To provide for the safety and security of employees and the facilities of the City, only authorized visitors are allowed in or at the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances. All visitors should enter City facilities at the main entrances. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the reasonable conduct and safety of authorized visitors. If an unauthorized individual is observed in City facilities, employees should immediately notify their supervisor or, if necessary, direct the individual to the main entrance. SECTION 28: ACCESS TO PERSONNEL FILES The City of Cody maintains personnel files on each employee. The personnel files ---PAGE BREAK--- 45 include such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel files are maintained by the Administrative Services Department. Medical information will be maintained separately from the employees' personnel files. Personnel files are the property of the City, and access to the information they contain is restricted as per state Statute 16-4-203 which reads, "Personnel files except those files shall be available to the duly elected and appointed officials who supervise the work of the person in interest. Applications, performance ratings and scholastic achievement data shall be available only to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and employees are not considered part of a personnel file and shall be available for public inspection." Employees who wish to review their own files should contact the Administrative Services Officer or his/her designee, or City Administrator. With reasonable advance notice, employees may review their own personnel files in the City's offices and in the presence of an individual appointed by the City to maintain the files. SECTION 29: DRUG AND ALCOHOL USE It is the City's intention to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. To inform employees about important provisions of this policy, the City has established a drug-free awareness program. The program provides information on the dangers and effects of substance abuse in the workplace, resources available to employees, and consequences for violations of this policy. Employees with questions or concerns about substance dependency or abuse are encouraged to discuss these matters with their Supervisor, Department Head, City Administrator or the Administrative Services Officer or his/her designee to receive assistance or referrals to appropriate resources in the area. While on City premises, in City uniforms or vehicles, while on scheduled stand-by time and while conducting business-related activities off City premises, no employee may use, possess, distribute, sell, or be under the influence of illegal drugs or alcohol. The authorized use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger employees or other individuals in the workplace. Employees must report the prescribed use of medications that may impair judgment or the ability to perform the job duties to their supervisor. The supervisor may authorize temporary work assignments when appropriate. All employees are expected to be in a state of mind and physical condition fit to complete their assigned duties safely and competently during work hours. No employee ---PAGE BREAK--- 46 shall report to work or remain on duty while having any detectable level of alcohol. Employees shall not drink any intoxicating beverage on duty. Employees shall not, at any time while on duty, be under the influence of an intoxicating substance. Employees shall not report for work or make contact with the general public while working when an odor of an intoxicating beverage is on their breath or person. Any employee violating these expectations shall be subject to disciplinary action up to and including termination. In the event of an emergency call-out, each employee must determine his/her fitness for work if alcohol has been consumed. No adverse actions will be taken if, in an emergency call-out, the employee believes him/her to be incapacitated for work, says so, or is told so by a Supervisor or Department Head, before actually going on duty. Under no circumstances will an employee who is assigned to stand-by status consumes alcoholic beverages while on stand-by. Employees shall refer to Section 30.4 for specific guidelines. Violations of this policy may lead to disciplinary action, up to and including termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences. Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to use accrued vacation, compensatory, sick or personal leave or to take unpaid time off to participate in a rehabilitation or treatment program. Leave may be granted by the City Administrator if the employee agrees in writing to abstain from use of prohibited substances; abides by all City policies, rules, and prohibitions relating to conduct in the workplace; abide by any follow-up requirements; and if granting the leave will not cause the City any undue hardship. The City may require additional monitoring as a condition of the employee’s return to work to determine the employee’s continued ability to perform the functions of his or her position. Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify the City of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction. The City of Cody maintains the right to require an employee to submit to a drug and alcohol test if such use is suspected or if other reasonable circumstances warrant such a test. An employee required to submit to a drug and alcohol test shall immediately be placed on administrative leave with pay for the remainder of his/her work shift or until the results are obtained. When an employee is ordered to take a test to determine the presence of alcohol and/or controlled substances in his/her system, he/she shall take the test and/or shall admit to having used a controlled substance or alcohol. If the employee refuses, a record of the refusal will be kept in his/her personnel file along with a report from the supervisor describing the actions and/or incidents which led to ---PAGE BREAK--- 47 the test requirement. Refusal to submit to a test will result in disciplinary action, up to and including termination. If a test does not reveal the presence of alcohol or a controlled substance, it shall be presumed the employee had not used alcohol or a controlled substance and the Supervisor's report shall not be retained as part of the employee's personnel file nor made the basis of any disciplinary action against the employee and the employee's Administrative Leave shall be rescinded. If the test reveals the presence of alcohol, the employee’s supervisor will investigate the circumstances and make recommendations for disciplinary action, up to and including termination of employment. If an employee is referred to an appropriate agency for drug and alcohol assessment and treatment, a written record of this action shall be included in the employee's personnel file. A written agreement, including follow-up testing and monitoring, will be signed by the employee prior to return to work. The employee must adhere to the stipulations of this agreement in order to continue in the position. An employee suspected of having alcohol and/or a controlled substance in his/her system during work hours shall be directed to provide a sample of blood, breath or urine for analysis at a laboratory specified by the City of Cody. The City will absorb the cost for the test. At the employee's discretion, he/she may request an additional test, provided he/she agrees to pay any additional cost. If the test is not performed within one hour of the order, due to the fault of the employee, then and in that event, it shall be presumed the employee had used a controlled substance or alcohol as asserted in the written report of the supervisor. The employee will be subject to disciplinary action, up to and including termination. Employees required to maintain a commercial driver’s license in their employment with the City of Cody will be subject to all testing and compliance requirements of the Federal Omnibus Transportation Employee Testing Act of 1991 and any amendments to the Act. The policy regarding this testing program follows this drug and alcohol use policy. Positive tests will be further investigated and will result in disciplinary action up to and including termination. Employees with questions on this policy or issues related to drug or alcohol use in the workplace may raise their concerns with their Supervisor, Department Head, Administrative Services Officer or the City Administrator without fear of reprisal. SECTION 30: DRUG AND ALCOHOL TESTING POLICY FOR COMMERCIAL DRIVER’S LICENSE It is the City of Cody’s policy that its drivers should be free from drug and alcohol abuse. Consequently, the use of illegal drugs or improper use of alcohol by drivers is prohibited. The overall goal of drug and alcohol testing is to ensure a drug-free and alcohol-free transportation environment and to reduce accidents, injuries and ---PAGE BREAK--- 48 fatalities. The requirements of this policy are in addition to other requirements established by federal and state law and City of Cody policy regarding the use of alcohol and drugs. In some instances, those laws or policies may be more restrictive than the requirements set out in this policy. The City of Cody is required under the provisions of the Federal Omnibus Transportation Employee Testing Act of 1991 to implement a drug and alcohol testing program for all persons subject to commercial driver’s license requirements. This program includes drug and alcohol testing such drivers for reasons of reasonable suspicion, random, post-accident, return-to-duty, follow-up and pre-employment drug testing. In addition, the City of Cody is responsible for maintaining appropriate records, and notifying drivers of the requirements and consequences of the program. 30.1 Implementation Date: The testing program referred to in this policy was implemented March 1, 1996. 30.2 Definitions: For the purpose of this policy, the following terms are defined. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl and isopropyl. Driver: Any person who operates a commercial motor vehicle. This includes full-time, regularly employed drivers; casual, intermittent or occasional drivers, leased drivers and independent, owner-operator contractors. Drug: Includes any of the following controlled substances; marijuana, cocaine, opiates, amphetamines and (PCP): Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the City’s drug testing program who meets the qualifications as listed in 49 CFR 40.3. Regulations: Those regulations promulgated by the Department of Transportation found at 49 CFR part 40, and the regulations promulgated by the Federal Highway Administration found at 49 CFR part 332, as from time to time amended. Safety-Sensitive Function: Includes all on-duty functions performed from the time a driver begins work or is required to be ready to work. It includes driving; waiting to be dispatched, inspecting and servicing equipment; supervising, performing or assisting in loading and unloading; repairing or obtaining and waiting for help with a disabled vehicle; performing driver requirements related to accidents; and performing any other work for the City of Cody or paid work for any other entity. Substance Abuse Professional: A licensed physician or certified social ---PAGE BREAK--- 49 worker, employee assistance professional or certified addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. 30.3 Program Coordinator The City of Cody has designated the Administrative Services Officer or his/her designee to act as the program coordinator to implement the City’s alcohol and drug testing program within the guidelines of this policy. 30.4 Alcohol and Drug Prohibitions No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having any detectable blood alcohol concentration. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol or drugs. No driver shall use alcohol or drugs while performing safety-sensitive functions. No driver shall perform safety-sensitive functions within four hours after using alcohol and until the employee’s detectable blood alcohol concentration is zero. No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to operator a commercial motor vehicle. No driver shall report for duty, remain on duty or perform a safety-sensitive function if the driver tests positive for drugs. No driver shall refuse to submit to a controlled substance or alcohol test when provided for under this policy or the Federal Regulations. 30.5 Pre-Employment Testing Drug tests shall be conducted in accordance with the Regulations before any driver is permitted to perform a safety-sensitive function for the City of Cody. Testing for newly-hired drivers shall be conducted after the offer of employment but before employment commences. Offers of employment are contingent on this test result. A refusal to submit to drug testing and/or refusal to release information as required by the City of Cody shall remove the applicant from employment consideration. Such testing will also be required of any employee transferring into a covered position. Exceptions may be made for drivers who have: 1. Participated in a valid drug testing program required by law within the preceding thirty days; and 2. While participating in that program, have either drug tested within the past six months or have participated in a random selection program for the previous twelve (12) months; and ---PAGE BREAK--- 50 3. No prior employer has knowledge of a violation within the previous six months, provided that the City of Cody has been able to make all verifications required by law. 30.6 Post-Accident Testing Alcohol and drug tests shall be conducted as soon as practicable after an accident on a driver who: 1. Was performing safety-sensitive functions with respect to the vehicle, if the accident involved loss of human life; or 2. Receives a citation under state or local law for a moving traffic violation arising from a qualifying accident. A qualifying accident includes: bodily injury requiring immediate treatment away from the accident scene, or disabling damage to one or more vehicles requiring the vehicle to be towed or transported away from the scene of the accident. Drivers shall make themselves readily available for testing, unless such driver has the need for immediate medical attention. No driver shall use alcohol for eight hours after the accident, or until after she/he undergoes a post-accident alcohol test, whichever comes first. An alcohol test must be performed within eight hours following an accident and a drug test within 32 hours. Drivers must follow all post-accident instructions given by the City of Cody. Post-accident testing requirements may be fulfilled by properly administered tests conducted by federal, state and/or local law enforcement officials as long as the results of those tests are provided to the City of Cody. 30.7 Random Testing Alcohol and drug testing shall be conducted on a random basis at unannounced times throughout the year in accordance with the Federal Regulations. Tests for alcohol shall be conducted just before, during or just after the performance of safety-sensitive functions. Drivers shall be selected by a scientifically valid random process, and each driver shall have an equal chance of being tested each time selections are made. Random selections shall be spread throughout the year. Drivers who have been told of their random selection shall, from the point of being informed, devote every action to providing a specimen. Any action that impedes the proper administration of a test shall be considered refusal to test. The City of Cody contracts with an independent Pathology Consultant to provide the random testing requirements. City staff does not randomly select employees to test. The City of Cody is required by law to notify those employees selected and make sure they are tested within the time frame assigned by the Pathology Consultants. 30.8 Reasonable Suspicion Testing Any qualified supervisor or City of Cody administrative staff member who has ---PAGE BREAK--- 51 reasonable suspicion to believe an employee has violated the City of Cody’s alcohol or drug prohibitions shall require the employee to submit to a reasonable suspicion test, which may be by blood, breath or urine as directed by the City Administrator or Administrative Services Officer. A qualified supervisor or administrative staff member must be a person who has been properly trained, in accordance with federal regulations, to make a determination that reasonable suspicion exists. The reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indication of the chronic and withdrawal effects of drugs. Alcohol testing is authorized for reasonable suspicion only if the required observations are made just before, during or just after the period of the work day when the driver must comply with alcohol prohibitions. An alcohol test may not be conducted by the person who determined reasonable suspicion exists to conduct the test. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the City of Cody shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after eight hours, and the City of Cody will state in the record the reasons for not administering the test. A qualified supervisor or City administrative staff member who makes observations leading to a reasonable suspicion test shall make a written record of his/her observations within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier. 30.9 Return to Duty Testing An alcohol and/or drug test shall be conducted when a driver who has violated the City of Cody’s alcohol or drug prohibition returns to performing safety-sensitive duties. Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function until the return-to-duty test produces a verified blood alcohol concentration test result of zero. Employees whose conduct involved drugs cannot return to duty in a safety-sensitive function until the return-to-duty test produces a verified negative result. 30.10 Follow-up Testing A driver who violates the City of Cody’s alcohol or drug prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving an alcohol or drug problem shall be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with the law. Follow-up testing shall be conducted just before, during or just after the time when the driver is performing safety-sensitive functions. 30.11 Refusal to Submit to Testing No driver shall refuse to submit to any of the tests. An employee will be considered to ---PAGE BREAK--- 52 refuse to submit when she/he fails to provide adequate breath or urine for testing when notified of the need to do so, or when she/he engages in conduct that clearly obstructs the testing process. Such refusal will be treated as if the City of Cody received a positive test and is subject to further disciplinary action up to and including termination. 30.12 Testing Procedures The City of Cody shall follow the federal guidelines and standards of the Department of Health and Humans Services and the Department of Transportation regarding testing and laboratory procedures. This shall include a selection of sites with appropriately trained personnel for alcohol and drug testing, selection analysis, and selection of a Medical Review Officer to verify laboratory drug test results. The City of Cody’s drug and alcohol testing program shall provide individual privacy in the collection of specimen samples to the maximum extent possible. The specimen collection procedures and chain of custody shall ensure that specimen security, proper identification and integrity are not compromised. In the event a driver tests positive for a controlled substance, the driver shall have the right to have the split specimen (collected at the same time as the tested specimen) retested, provided the driver provides written notice to the Medical Review Officer (MRO) within 72 hours of being notified of the positive result. This retest shall be at the expense of the driver. 30.13 Enforcement Employees whose conduct involved alcohol and drug use cannot return to duty in a safety-sensitive function until the return-to-duty test produces the required result. A driver who is tested and found to have an alcohol concentration of 0.02 or greater, but less than 0.04 shall not perform or continue to perform safety-sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours after the test was administered. Further employment actions up to and including termination may be instigated in accordance with the Drug Free Workplace Act of 1988 (L.L. 1010-226) other state and federal laws, and City of Cody policy. In the event a driver tests positive for drugs, or has a confirmed alcohol concentration of 0.04 or greater, or violates a prohibited conduct, the City of Cody does not guarantee that a position will be held open for a driver in the event they become re-qualified. 30.14 Rehabilitation The City of Cody shall provide for the identification of a Substance Abuse Professional (SAP) for treatment for those employees who have violated the prohibitions of the regulations. This information shall include the names, addresses and telephone numbers of SAPs and counseling and treatment programs. Any rehabilitation or evaluation sought shall be at the expense of the driver. ---PAGE BREAK--- 53 30.15 Employee Records Employees’ alcohol and drug test results and records shall be maintained in strict confidentiality and released only in accordance with the law. Upon written request, a driver shall receive copies of any records pertaining to his or her use of alcohol or drugs, including any records pertaining to his/her tests. Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver. Test records shall be maintained with the separate medical files of each employee. 30.16 Government Entity Records and Reports The City of Cody shall maintain records of its alcohol and drug prevention programs as required by federal law in 49 CFR 382.401. The City of Cody will require general consent from all employees whose position requires a commercial driver’s license for limited queries of the Federal Motor Carrier Safety Administration (FMCS) Drug and Alcohol Clearinghouse as required by law. 30.17 Not a Contract This policy does not create a contract, either expressed or implied. The City of Cody may change the policy at any time, without notice. SECTION 31: SEXUAL AND OTHER UNLAWFUL HARASSMENT The City of Cody is committed to providing a safe work environment that is free of discrimination and harassment. Harassment is defined as verbal or physical conduct that belittles, shows hostility, or aversion toward an individual because of that person’s race, skin color, religion, gender, national origin, age, disability or other federal and state protected classifications. Harassment can also occur if conduct is directed toward a person’s relatives, friends or associates. Harassment does one or more of the following: • Creates an intimidating, hostile, or offensive work environment. • Has the purpose or effect of unreasonably interfering with an individual’s work performance. • Otherwise adversely affects an individual’s employment opportunities. The City of Cody’s employees deserve to work in an environment that provides the opportunity to conduct their duties efficiently and to deliver service to the public without fear or intimidation. In achieving this goal, the City as an employer wishes to promote the health, wellbeing and mutual respect of all of its employees. Therefore, harassment of any kind by supervisors, department heads, or co-workers will not be tolerated within the organization or toward members of the public by City employees. In addition, the City will endeavor to protect employees, to the extent possible, from reported harassment by non-employees in the workplace. ---PAGE BREAK--- 54 31.1 Harassing Conduct in General Harassing conduct includes abusive words, such as epithets, slurs, and negative stereotyping, or threatening, intimidating, or hostile acts including jokes or pranks that are hostile or demeaning. Harassing conduct also includes written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age, disability or other federal and state protected classifications and is displayed on walls, bulletin boards, e-mails or other locations in the workplace or is circulated in the workplace. 31.2 Identifying Sexual Harassment Conduct Sexual harassment can take many forms. The two most common forms are described as quid pro quo sexual harassment and hostile work environment sexual harassment. • Quid pro quo is Latin meaning “something for something”. When an employee is asked, either directly or indirectly, to submit to a sexual advance in exchange for some benefit at work such as a promotion or a pay advance, or is denied said benefit, quid pro quo has occurred. • A hostile work environment occurs when the constant sexual or gender-based harassing activity or comment interferes with an employee’s ability to do his or her job and makes the workplace intolerable. • Other forms of sexual harassment include harassment by an employee toward non-employees such as City customers, Council members, volunteers or vendors. An employee’s sexual conduct in the course of employment that is observed by and offensive to, another employee is also harassment. Since customers, vendors or other third parties can subject City employees to sexual harassment, the City will take appropriate action to protect its employees from sexual harassment by non-employees. Sexual harassment may also occur between members of the same sex. Common situations that may involve sexual harassment include: • Pinups in the workplace. Pinups, cartoons, e-mails and calendars containing sexual material such as centerfolds, nude or sexual pictures, are not allowed on any City property except when held for evidence in criminal or administrative investigations. • Engaging in any activity regarding romantic relationships or dating is strictly prohibited at work. This includes asking co-workers out on a date. Any personal relationships must be developed outside of working hours and should not interfere or be pursued during working hours. Dating between supervisors and subordinates is strongly discouraged and often may lead to sexual harassment issues. • Rude treatment that is gender specific. A male supervisor who treats women rudely or a female supervisor who treats men rudely or constantly demeans the ability of one gender to perform particular work, is targeting one gender with mistreatment. This form of harassment includes non-verbal behaviors such as pranks, suggestive looks or leering including obscene or lewd sexual ---PAGE BREAK--- 55 comments, jokes or innuendoes. Many people find slang, names or labels such as “honey,” “sweetie,” “boy,” “girl” deeply offensive. Talking about or calling attention to another employee’s body or sexual characteristics in a negative or embarrassing way may create a harassing atmosphere, just as making comments about a person’s appearance or telling jokes about another employee’s gender, race or sexual orientation or sexuality is always inappropriate. Sexually oriented comments are generally inappropriate in the workplace. • Intentional touching. Even a single act of intentional and unwelcome touching of a sexual nature may be sexual harassment. Certainly, repeated acts constitute sexual harassment. Any unwanted touching or physical behavior such as pats, squeezes, shoulder or neck rubs or brushing against someone’s body may be perceived as sexual harassment and may contribute to a hostile work environment. Sexual harassment is determined on a case-by-case basis. Even though acts that are offensive to one employee may not be offensive to another, some acts are prohibited regardless and are always inappropriate. 31.3 Reporting Harassment The reporting options are the same for sexual harassment or any other harassment claim. Any employee who believes they are a victim of harassment of any kind should provide a written report their concerns to their immediate Supervisor, Department Head or Administrative Services Officer immediately. If the report of harassment is made verbally, the employee may be requested to provide a written statement. Employees, who are harassed or have witnessed harassment, if appropriate, should request it to stop and then discuss their concerns with a non-involved Supervisor (supervisor who is not the subject of the complaint), any Department Head, the Administrative Services Officer or the City Administrator. All complaints of harassment will be forwarded to the Administrative Services Officer or his/her designee and investigated If a Supervisor observes or becomes aware of any harassing behavior, he or she must report it immediately to his/her Department Head and the Administrative Services Officer so that an investigation of the situation can be pursued. Employee’s request for confidentiality for anonymity shall not be granted at least for investigative purposes; however, the City of Cody will take all steps to protect the complainant from retaliation and unnecessary disclosure of the situation. The Administrative Services Officer or his/her designee will work with the employee’s Supervisor and or Department Head to take appropriate disciplinary or corrective actions as necessary. If a harassment charge is fabricated the complainant is subject to the same disciplinary action as other employees who commit acts of dishonesty. 31.4 Investigating Harassment: Generally, the Administrative Services Officer or his/her designee will direct the investigation and in all cases a thorough investigation will be made. In the event the ---PAGE BREAK--- 56 Administrative Services Officer or his/her designee is a party to the complaint the City Administrator will designate how the investigation is to proceed. The City of Cody reserves the right to hire an outside consultant to perform the investigation if it is deemed in the best interest of the complainant and/or the City. All investigations will be documented and the documentation maintained in a confidential file. Written records, including witness statements, will be made during all steps of the investigation. Copies of notes, diaries, tapes, or other relevant physical evidence will be obtained when available. Confidentiality will be preserved to the fullest extent possible, however information may be revealed in order to investigate the complaint. A confidential interview will be conducted with the complainant, any potential witnesses or other complainants, and the accused harasser. The alleged harasser will be told that a charge of harassment has been made and that pursuant to this policy an investigation is being conducted. Details of the allegations will be obtained including dates, times, places, specific incidents and whether anyone else had been told about or been involved in the harassment. After the investigation is complete, the Administrative Services Officer, City Administrator, and the Department Head will determine whether the allegations of harassment are substantiated and if so what corrective action should be taken. The determination will be based upon if the actions alleged were unwelcome, inappropriate and/or against policy. The complaining party, accused, and all witnesses should be advised not to discuss the matter with anyone else. In some cases, interim action will be taken during the course of the investigation to eliminate contact to the extent possible between the parties involved in the incident. This type of action may include ordering the parties not to have any contact with each other, temporarily changing work assignments, schedules or suspending an employee with pay during the course of the investigation. Interim actions are intended to be of short duration, since the investigation under most circumstances should be completed in a matter of days. Under no circumstances will an employee threaten or retaliate against an employee who alleges sexual or any other type of harassment. Threats and retaliation are violations of this policy and are subject to formal disciplinary action up to and including termination. Failure to cooperate with an investigation of sexual harassment may constitute a violation of this policy. Failure of a supervisor to report instances of harassment, even if no formal complaint is made, may expose the supervisor to disciplinary action up to and including termination. If the results of a harassment investigation are inconclusive, all involved parties will be notified of the outcome and the reasons for it. The complainant will be advised to report any further incidents and the supervisor will monitor the situation. The terms of the sexual harassment policy will be discussed with the accused. 31.5 Discipline ---PAGE BREAK--- 57 EMPLOYEES HIRED ON OR AFTER APRIL 1, 2020, ARE AT-WILL, AND MAY BE TERMINATED, SUSPENDED (WITH OR WITHOUT PAY), DEMOTED OR OTHERWISE DISCIPLINED, WITH OR WITHOUT PAY AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITHOUT ANY RIGHT TO A HEARING OR APPEAL. Violators of the Personnel Policy Manual will be subject to the full range of the City’s Disciplinary Actions Policy options, up to and including termination. The City’s Personnel Policy Manual is not a progressive discipline policy, and the City reserves the right to impose any disciplinary sanction it determines to be appropriate at any time. The complainant will be notified of the actions taken against the accused and will be contacted on a regular basis to ensure no further harassment occurs. The complainant’s non-involved immediate supervisor will be responsible for monitoring the post-discipline situation. SECTION 32: VIOLENCE IN THE WORKPLACE The City of Cody is committed to creating and maintaining a working environment for all employees that is free of violence. Threats and acts of violence are prohibited in the workplace and will result in disciplinary action up to and including termination. Except as may be needed as a condition of employment: * No employee shall bring into any City work site or facility any weapon or dangerous instrument as defined herein. * No employee shall use, attempt to use, or threaten to use any such weapon or dangerous instrument while working for the City of Cody. * No employee shall cause or threaten to cause the physical injury or death to any individual while working for the City of Cody. * No employee shall exhibit any threat, behavior or action which is physically assaultive or which may be interpreted by a reasonable person to carry the potential to harm or endanger the safety of others; result in an act of aggression; or destroy or damage property. Weapons may include firearms (loaded or unloaded), knives (excluding pen knives, small pocket knives or tools containing knives, such as “Leatherman” tools), batons, night sticks, martial arts weapons or electronic defense weapons. Dangerous instruments include any instrument, article, or substance that, under the circumstances, is capable of causing death or physical injury. Tools of employment are to be used for their designed purpose and never as a dangerous instrument. There is no reasonable expectation of privacy with respect to weapons and dangerous items in the workplace. Such items may be confiscated. ---PAGE BREAK--- 58 Each and every threat or act of violence will be taken seriously. Anyone observing or experiencing violence or threats of violence shall immediately report the relevant information to their Supervisor, Department Head or Administrative Services Officer or his/her designee for investigation and follow-up. Investigations will be conducted as outlined in the City’s Sexual and Other Unlawful Harassment Policy. SECTION 33: CONFLICT RESOLUTION PROCEDURE A conflict may be defined to include, but is not limited to, any dispute or difference of opinion on such matters as employee-supervisor relations, working conditions, granting of leave time, and duty assignments. This conflict resolution procedure does not apply in the case of disciplinary action or performance evaluations. The City of Cody recognizes the meaningful value and importance of full discussion in resolving misunderstandings and preserving good relations between management and employees. Accordingly, the City believes the following procedure will ensure that complaints receive full consideration. Should a condition exist which an employee feels is unsatisfactory, it is important that he/she bring it to the attention of their supervisor, Department Head, Administrative Services Officer or other appropriate person in the proper manner. 33.1 Resolution Process A. If an employee has a conflict or wishes to complain, every effort should be made to resolve the problem by informal means at the lowest possible level, i.e., addressing the problem with the immediate supervisor or Department Head. This should be done within five working days after occurrence of, or knowledge of, the conflict occurring. If informal means does not bring a solution to the situation, the employee may submit a written report of the conflict to his/her supervisor or Department Head within ten days of the problem’s occurrence. The written report shall identify the parties involved, the specific nature of the complaint, and the alleged policy violation. If the supervisor or Department Head believes no action is warranted or possible, the employee shall receive a written explanation as to the reasoning of such decision within ten days of receiving the employee’s written report. Where action is warranted or required the Supervisor or Department Head shall notify the employee in writing that further investigation and/or consideration is necessary and will be completed within the following ten days. B. If an employee, disagrees with the conclusion reached in the step above, he/she may direct the complaint to the Administrative Services Officer, City Administrator or other designated agent. ---PAGE BREAK--- 59 Such complaints must be made in writing, within five days of receiving the answer provided in above. The Administrative Services Officer, City Administrator or designated agent will review the complaint with the supervisor and Department Head and arrange a meeting with the employee within ten (10) business days of receiving the complaint. At this step the Administrative Services Officer, City Administrator or designated agent shall make a final decision in the matter. The employee shall be advised in writing of the decision within five business days of the meeting. C. All employees are assured every effort will be made to resolve problems. Under no circumstances will an employee be retaliated against for presenting a complaint to their supervisor, Department Head, Administrative Services Officer, City Administrator or other designated agent in accordance with the conflict resolution procedure set forth above, except when the employee’s complaint is determined to be based on deliberate deceptions, inaccuracies or misrepresentations, or with intentional or reckless disregard of the truth. SECTION 34: SEPARATION FROM EMPLOYMENT Separation from employment is an inevitable part of personnel activity within any organization, and most reasons for termination are routine. This policy defines the types of employment separation which may occur and the effect of separation on benefits and continuous service. This policy will apply to all employees including full-time, regular part-time, provisional and temporary employees. 34.1 Voluntary Separation: Voluntary separation occurs when the separation is initiated by the employee. Examples include: A. Written or oral resignation; B. Unauthorized absence from work for three consecutive working days; C. Failure to return from an approved leave of absence at the expiration of the leave; D When all accrued paid leave time has been utilized and an immediate return to work has not been scheduled and approved. F. Retirement. ---PAGE BREAK--- 60 Employees wishing to voluntarily terminate employment with the City are expected to provide a written resignation to their supervisor or Department Head at least 10 business days prior to the anticipated separation date. The resignation letter will remain part of the employee's personnel file. Failure to provide sufficient notice may result in his/her not being eligible for future reinstatement privileges where applicable. Failure to provide sufficient notice will forfeit any sick leave buy-out that the employee would have been eligible to receive. 34.2 Involuntary Separation: EMPLOYEES HIRED ON OR AFTER APRIL 1, 2020, ARE AT-WILL, AND MAY BE TERMINATED, SUSPENDED (WITH OR WITHOUT PAY), DEMOTED OR OTHERWISE DISCIPLINED AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITHOUT ANY RIGHT TO A HEARING OR APPEAL. Involuntary separation occurs when the separation is not initiated by the employee. Examples include: A. Reduction in Force (RIF) – on the basis of the City determining that adequate funding is no longer available and at the discretion of the City Administrator, with the concurrence of the Administrative Services Officer and in consultation with the City Attorney. RIF’d employees will remain on a list kept by the Administrative Services Officer for a period of two years and will be eligible for re-employment. B. Termination including reductions in force as outlined in the Disciplinary Actions policy of this manual. C. Death of the Employee. D. Disability on the basis of medical evidence, an employee is no longer able to return within the Family and Medical Leave Act time period and/or accrued sick leave or is no longer able to perform the essential functions of his/her position even with reasonable accommodations. E. The City may conduct exit interviews with part-time and full-time employees when employment ends. The exit interview will afford an opportunity to discuss such issues as benefits, reasons for leaving, improvements that the City of Cody could make on behalf of its employees, benefit conversion privileges, repayment of outstanding debts to the City, or return of City-owned property. Employee benefits will be affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Depending on the rules and regulations of each benefit, some benefits may be ---PAGE BREAK--- 61 continued at the employee's expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. SECTION 35: DISCIPLINARY ACTIONS AND APPEAL PROCEDURE THE FOLLOWING PROCESS AND POLICIES ONLY APPLY TO CITY EMPLOYEES HIRED PRIOR TO April 1, 2020. EMPLOYEES HIRED ON OR AFTER APRIL 1, 2020 ARE AT-WILL EMPLOYEES, AND MAY BE TERMINATED, SUSPENDED (WITH OR WITHOUT PAY), DEMOTED OR OTHERWISE DISCIPLINED AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITHOUT ANY RIGHT TO A HEARING OR APPEAL. NOTHING IN THIS MANUAL SHALL BE CONSTRUED AS AN EMPLOYMENT CONTRACT, AND NOTHING SHALL BE CONSTRUED TO MODIFY THE AT-WILL STATUS OF EMPLOYEES HIRED ON OR BEFORE APRIL 1, 2020. Disciplinary action may take the form of oral reprimand, written reprimand, suspension without pay or termination. The outlined forms of disciplinary action are not mandatory steps and the City reserves the right to impose any form of disciplinary action up to and including termination at any time. The City Administrator or his/her designated representative shall be responsible for administering official oral reprimands, written reprimands, suspensions or terminations as appropriate. Disciplinary action may be taken for, but is not necessarily limited to, the following: • Violation of any State Statute, City Ordinance, Federal Law or any personnel policy of the City of Cody or violation of other operation policies of the City of Cody. • Neglect of duties or inability to perform assigned job duties in an efficient and satisfactory manner. • Insubordination or other disrespectful conduct. • Misconduct, negligence, horse play, or improper conduct. • Fighting or threatening violence in the workplace. • Failure to comply with reasonable directives and assignments made by supervisors. • Sexual or other unlawful or unwelcome harassment. • Theft, inappropriate removal or possession or intentional destruction of City property, another employee's property, or a member of the public’s property. • Smoking in prohibited areas. • Being under the influence of intoxicants, non-prescribed drugs or illegal drugs while on duty, failing to report the use of or to follow the restrictions of prescribed medications that impair judgment or impact the employee’s ability to perform the essential functions of their position. Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating City-owned vehicles or equipment. ---PAGE BREAK--- 62 • Falsification of timekeeping or other records, or falsification or misuse of leave benefits. • Acceptance of any bribe, gift, token, money or other thing of value intended as an inducement to perform or refrain from performing any official act, or any action of extortion or other means of obtaining money or anything of value through the employee's position. • Excessive tardiness or any absence without approval or notice. • Lying to supervisors, employees, members of the public or public officials or deliberately misrepresenting or withholding relative or important business information. • Unauthorized use of telephones, mail systems, computers or other employer-owned equipment or tools. • Improper or unauthorized release of confidential information. • Unsatisfactory performance or conduct • A reduction in force (RIF) due to lack of adequate funding or other budget constraints. 35.1 Types of Disciplinary Action 35.1.1 Oral reprimand: An oral reprimand may be given by the employee's Supervisor or Department Head. The oral reprimand shall address the specific infraction(s) and means of correction the employee must take to avoid future infraction(s). It will also include likely consequences which will occur if the infraction continues. 35.1.2 Written reprimand: A written reprimand may be given and shall be prepared by the Supervisor or Department Head and approved by the Administrative Services Officer or his/her designee and/or City Administrator. The written reprimand shall address the specific infraction(s) and means of correction and shall be considered in the preparation of the employee's job performance evaluations and determination of salary increases. It shall include likely consequences if the behavior or infraction continues. The employee may request an informal meeting with the City Administrator or his/her designated agent within ten days of the written reprimand. 35.1.3 Suspension: The City Administrator, may suspend the employee without pay. For employees hired prior to April 1, 2020, prior to the effective date of the suspension (except in an emergency when immediate action is required), the employee shall be notified in writing of the proposed action, the effective date, the reasons therefore and their right to appeal. The City Administrator or his/her designee may place an employee on paid administrative suspension during an internal investigation. ---PAGE BREAK--- 63 35.1.4 Termination and Demotion: An employee may be terminated or demoted by the City Administrator or his/her designee. Employees hired prior to April 1, 2020, shall receive written notice of termination or demotion, as described in this Personnel and Policy Manual. A copy of the written notice shall be given to the employee, who shall initial or sign, and date the documentation to acknowledge receipt only. The documentation shall be included in the employee’s permanent personnel file. Under no circumstance will an employee be terminated without an opportunity to provide information regarding the allegations to the City Administrator or his/her designee. A combination of any of the above disciplinary actions may be taken by the City Administrator or his/her designee. In addition to the above, the City Administrator, or his or her designee, may suspend any employee at any time with pay pending an investigation into possible employee misconduct and / or violations of the Personnel Manual. 35.2 Pre-Disciplinary Action Hearing Procedure This procedure shall not apply to employees hired on or after April 1, 2020. Employees hired on or after April 1, 2020 are at-will, and may be terminated with or without cause, at any time, without a hearing. 35.2.1 When a decision is made to impose suspension without pay, demotion or termination of an employee hired prior to April 1, 2020, the employee shall have an opportunity for an informal, pre-disciplinary action hearing. This process shall not apply to: -Employees hired on or after April 1, 2020; -Suspension with pay pending an investigation of allegations related to an employee; -Any disciplinary action other than suspension without pay, demotion or termination; -Termination or dismissal of employees whose positions are dependent on specific funding, when such funding is terminated or otherwise not received; -Termination or other discipline of employees who occupy positions for specific periods or terms, or who are otherwise classified as at-will employees. 35.2.2. Notification Meeting When the City receives a complaint about an employee, or otherwise becomes aware of possible misconduct or a possible violation of the Personnel Policy Manual, , the ---PAGE BREAK--- 64 employee’s direct supervisor, the Department Head, the Administrative Services Officer / Human Resources Director or the City Administrator (or any combination of the above) shall notify the employee of the complaint or alleged misconduct or violation. During the notification meeting with the employee, the employee shall be advised that he or she is being investigated for possible misconduct and /or violations of the Personnel Policy Manual. The employee shall be advised of the allegations as they are known at that time, and the evidence supporting the allegations, including any documents and records. The employee shall be advised of possible City policies, rules and regulations which the employee may have violated. 35.2.3 Investigation The City shall investigate the complaint and allegations, which may include a meeting with the employee who is the subject of the investigation. The City Administrator may designate other employee(s) to participate in the investigation and meetings as the City Administrator deems necessary. The employee’s supervisor, department head, and others conducting the meeting may question the employee about any and all aspects of the allegations, factual circumstances and the evidence. The employee shall at all times answer the questions truthfully and completely to the best of his or her ability. An employee’s failure or refusal to meet or cooperate in any way or failure or refusal to answer any questions, or the failure to be truthful or complete in their answers will be grounds for additional disciplinary action. 35.2.4 Pre-Disciplinary Action Hearing Following the Notification meeting and investigation, and prior to a final decision regarding disciplinary action, the employee shall be provided written notice which includes the following: -A description of the specific allegations against the employee, and the evidence supporting the allegations; -the proposed disciplinary action; -the date, time and location of the Pre-disciplinary hearing. The hearing shall take place no less than three business days after the date when the written notice is delivered to the employee. -The written notice shall inform the employee that the hearing shall be his or her opportunity to present his or her facts, evidence, documents, explanations and arguments that disciplinary action is not warranted. If the employee fails or refuses to attend the hearing, the employee’s failure to attend the pre-disciplinary hearing may be further grounds for disciplinary action. If the ---PAGE BREAK--- 65 employee fails or refuses to attend the hearing, the disciplinary decision will be made based upon information collected or discovered by the City. After the pre-disciplinary action hearing, the employee shall be informed in writing of the following: -The nature of the disciplinary action; -The effective date(s) of the disciplinary action; -The specific incidents, conduct, performance or other basis for disciplinary action; -Any previous efforts, disciplinary actions or warnings given to the employee regarding his or her performance or conduct; -Reference to any applicable laws, rules, policies or regulations. The employee shall also be informed of the right to appeal a disciplinary action to the Governing Body as outlined in this Personnel and Policy Manual if the disciplinary action consists of termination, suspension without pay or demotion, . 35.2.5 Effect Upon Employee Benefits An employee who is demoted and continues to accrue vacation and sick leave or Paid Time Off and all other paid leave benefits, and shall continue to receive other employee benefits, such as health insurance coverage and retirement benefits. An employee who is suspended without pay shall not accrue vacation, sick leave or paid time off during the suspension. If the employee is suspended without pay over a holiday, the employee will not receive hours for the paid holiday. If the demotion or suspension without pay is appealed, and the disciplinary action is reversed, the employee shall be entitled to payment for wages and benefits lost as a result of the demotion or suspension without pay. If an employee termination is reversed, the employee shall be reinstated to the same or equivalent position and shall be entitled to payment of back wages less any unemployment benefits received by the employee after the date of termination. Employee benefits such as vacation and sick leave or paid time off shall be credited back to the date of termination, provided that the terminated employee has not received payment for such time. ---PAGE BREAK--- 66 35.3. Appeal Procedure (Post Disciplinary Action) After receiving written notification of a termination, suspension without pay or demotion, regular full-time and part-time employees of the City of Cody hired prior to April 1, 2020, shall have the right to appeal that employment decision. THE HEARING PROCEDURES DESCRIBED IN THIS MANUAL SHALL NOT APPLY TO EMPLOYEES HIRED AFTER APRIL 1, 2020. EMPLOYEES HIRED AFTER APRIL 1, 2020, ARE AT-WILL, AND MAY BE TERMINATED, SUSPENDED (WITH OR WITHOUT PAY), DEMOTED OR OTHERWISE DISCIPLINED AT ANY TIME WITH OR WITHOUT CAUSE, AND WITHOUT A RIGHT TO A HEARING. The hearing procedures described in this Manual shall also not apply to provisional employees, temporary employees, appointees of the Governing Body. An employee hired prior to April 1, 2020, who wishes to appeal a disciplinary action as described above, shall have ten (10) calendar days after receipt of written notification of the disciplinary action to deliver a written request for an appeal. The written request for an appeal shall be submitted to the City Administrator, or the Administrative Services Officer. The request for appeal shall state the employee’s name, the adverse decision being appealed, and a short statement of why the employee does not agree with the decision. The employee shall notify the City of Cody by delivering to the City Administrator, within five calendar days of the submission of the written request for appeal, a written statement whether the employee intends to have legal counsel present during the appeal. When the City Administrator receives a written notice from an employee that the employee intends to appeal a disciplinary action as described above, the City Administrator or his or her designee shall notify the Mayor, and provide him or her with a copy of the written appeal request from the employee, and a copy of the written notification to the employee of the disciplinary action. The appeal hearing shall be decided by the Governing Body of the City of Cody as described below. The members of the Governing Body, may, but shall not be required to attend the hearing if the hearing is conducted by a Hearing Officer as described below. When the City Administrator advises the Mayor that an employee has appealed a disciplinary action, the Mayor may designate a Hearing Officer to serve as the presiding officer at the hearing, to assist the Governing Body in conducting the hearing, and all pre-hearing actions and decisions. In addition, the Mayor shall designate an attorney to advise and assist the Governing Body in the Governing Body’s deliberations and decision making. Both the Hearing Officer and the attorney advising the Governing Body shall be attorneys licensed to practice law in the State of Wyoming. The Hearing Officer may conduct a pre-hearing conference. The presiding officer shall require both parties to submit to the Hearing Officer and to each other a pre-hearing statement which shall include the following: ---PAGE BREAK--- 67 -a summary of each party’s positions, claims, allegations and defenses; a list of all witnesses, with contact information for the witness, including phone numbers, addresses and email addresses, and a summary of each witness’s anticipated testimony; -a list of exhibits which the party intends to use or offer as evidence during the hearing. -any other documents requested or designated by the Hearing Officer. A hearing will be scheduled not later than thirty (30) days from the date upon which the employee has filed the written request for appeal, except upon mutual agreement of both parties. The hearing shall be closed to the public. Such request shall include consent to the release of the employee’s personnel files and a waiver of the application of W.S.16-4-203(d) as it pertains to the appeal proceedings. The employee shall have the right to be represented by an attorney chosen and hired by the employee; the right to confront and cross-examine witnesses presented by the City against the employee; the right to subpoena and present witnesses in support of the employee’s case; and the right to offer evidence on behalf of the employee. Where oral testimony of witnesses is taken in a hearing under these rules, the testimony shall be reported either by a recording device or a by certified court reporter. In either case, the City and the employee shall bear the expense of such recording or reporting equally. A transcription of the proceeding or any part thereof shall be at the cost and expense of the party requesting the same. The City Attorney may represent the administration in presenting the case. Except as otherwise specified below, the Governing Body may appoint an attorney to act as the Hearing Officer to preside over the hearing, conduct the appeal hearing, and to make his or her recommendations to the Governing Body after the conclusion of the hearing. The Hearing Officer shall be the presiding officer at the hearing and shall conduct all proceedings in an impartial manner. The Hearing Officer shall be a qualified member of the Bar of Wyoming. The Hearing Officer shall make written recommended findings of fact and conclusions of law to the Governing Body. The Hearing Officer shall be hired by the Governing Body and shall be entitled to a reasonable fee for services and reimbursement for reasonable expenses incurred in connection therewith, but shall not be considered an employee of the City, but rather an independent contractor. The Hearing Officer shall not be an employee of the City or a person with a personal or professional interest in the case at hearing, nor be biased or prejudiced against any party at the hearing. The Hearing Officer shall issue written recommended findings of fact and conclusions ---PAGE BREAK--- 68 of law within twenty (20) calendar days following the hearing to the Governing Body. The Governing body shall act on the recommended findings of fact and conclusions of law within fifteen (15) calendar days from receiving the recommended findings of fact and conclusions of law from the Hearing Officer. The Governing Body may reverse or uphold the disciplinary action which the employee is appealing. 35.2.1 Order of Procedure at Hearing: As nearly as can be, the hearing shall be conducted in accordance with the following order of procedure: A. The City may present an opening statement to briefly state its case and the evidence by which it expects to support it. B. The Employee may then present its opening statement and briefly state their defense and the evidence they expect to offer in support of it. C. The City shall first introduce its evidence, subject to cross-examination by the employee. After the city has presented all its evidence, the employee shall produce its evidence, subject to cross-examination by the city. At the close of the employee’s evidence, the City may present rebuttal evidence. D. Members of the Governing Body may ask questions to the witnesses. E. The Hearing Officer may, in his or her discretion, allow evidence to be offered out of the order prescribed. F. Following presentation of all evidence by both parties, the City may present a closing argument. The Employee may then present its closing argument. Finally, the City may present rebuttal. The presiding officer may direct the parties to submit written closings, or proposed findings of fact and conclusions of law, in lieu of or in addition to verbal closings. G. Persons testifying at an appeal hearing shall stand and be administered the following oath by the Hearing Officer: “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth,” The Hearing Officer may waive the oath by showing that the person understands the meaning of telling the truth and that he or she may be charged and convicted of the crime of falsifying his or her testimony. G. The Hearing Officer shall have the following authority and powers: 1. Administers oaths and affirmations; 2. Issue subpoenas; 3. Rule upon offers of proof and receive relevant evidence; 4. Regulate the course of the hearing; 5. Hold conferences for the settlement, simplification and discussion ---PAGE BREAK--- 69 of the issues and procedures; 6. Dispose of procedural requests or other similar matters; 7. Prepare recommended findings of fact and conclusions of law to be to all parties and the Governing Body; 8. May recess the hearing or grant continuance for good cause; 9. May require written briefs from any party clarifying its legal or factual position; 10. May declare that any matter being taken under advisement that a decision will be announced at a later time, not to exceed 20 days for hearings before the hearing officer, or 60 days for all other hearings; 11. Punish contempt by permanent removal from the hearing location by any person so offending; 12. Take any other action authorized by law, consistent with these rules as required to fulfill any of his or her duties. Admissibility of evidence in an appeals hearing shall be determined by the evidentiary rules applicable in contested case hearings governed by the Wyoming Administrative Procedure Act. The adoption of the evidentiary rules of the Wyoming Administrative Procedure Act shall not be construed in any way to incorporate any of the rights, duties, obligations and procedures mandated by the Wyoming Administrative Procedure Act. SECTION 36: EMPLOYEE BENEFITS All employee benefits are subject to change due to fiscal condition of the City, changes in rules, regulations or policies and the decision of the Governing Body in general. Benefits are subject to change each year if deemed appropriate by the Governing Body. Eligible employees of the City of Cody are provided a wide range of benefits. A number of the programs (such as Social Security, Worker’s Compensation, and unemployment insurance) cover all employees in the manner prescribed by law. Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in this personnel policy manual. In determining if leave requests will be granted, the Department Head and City Administrator will consider the best interests of the City of Cody and the interests of the employee in determining if leave will be granted. The following benefit programs are available to eligible employees: Bereavement Leave Child Care Benefits Educational Benefits ---PAGE BREAK--- 70 Educational Leave Family and Medical Leave Holidays Insurance Benefits Health Insurance Optional Life Insurance Optional Supplemental Plans Court Leave Military Leave Personal Leave Retirement Program Sick Leave Benefits Vacation and Personal Day Benefits Voting Time Off Workers’ Compensation Insurance Some benefit programs require contributions from the employee, but many are fully paid by the City of Cody. 36.1 BEREAVEMENT LEAVE If an employee wishes to take time off due to the death of family member, the employee should notify his or her supervisor or Department Head immediately. Up to five days of paid bereavement leave will be provided to full-time (employees and two - and one-half days will be provided to regular part-time employees. Bereavement pay is calculated based on the base pay rate at the time of absence. Approval of bereavement leave will generally be granted in the absence of unusual operating requirements. Any employee may, with the supervisor's approval, use accrued paid leave for additional time off as necessary. For the purpose of this section of the policy, a family member shall have the same meaning as defined in section 6.91. Request for approval be made in writing to the City Administrator and employee’s Department Head. The employee’s Department Head, with the concurrence of the Administrative Services Officer and City Administrator, may grant the use of the employee’s accrued sick leave up to one week (40 hours) after the death of a family member with the intent that the employee needs the time to tend to the personal affairs of the deceased family member. The request must be in writing and be made within six months of the death of the family member. 36.2 CHILD CARE BENEFITS ---PAGE BREAK--- 71 The City of Cody provides limited short-term child care assistance to all eligible employees as a benefit of employment. Eligible employee classifications are: Regular full-time employees Regular part-time employees Given below is a brief description of child care benefits that may be provided for up to one week when feasible. Longer leaves of absence for child care are addressed under the Family and Medical Leave section of this manual. 36.2.1 Flexible Leave: The City recognizes that the fulfillment of child care responsibilities can provide a compelling reason for emergency time-off requests. Where feasible, employees' needs will be accommodated on a limited basis. Requests for leave must be made to the appropriate Department Head. Employees may use accrued vacation or compensatory time for such emergency leaves. Employees who elect to not use accrued vacation or compensatory time may be authorized by the City Administrator to take a leave of absence without pay. 36.2.2 Sick Leave Benefits: Employees may use accrued sick leave benefits in the event of the illness of their dependent child. Approval of such requests for leave will be at the discretion of the appropriate supervisor or Department Head. 36.2.3 Break Time for Nursing Mothers: As required under the Fair Labor Standards Act (FLSA), the City of Cody will provide break time and space for a covered nonexempt nursing mother to express breast milk for her nursing child for one year after the child’s birth. The City will provide a space that is functional for expressing milk, shielded from view, free from intrusion and available as needed. Since the City does not provide for paid breaks, it will be at the discretion of City Administrator to determine if the period of time that is taken for the purpose of expressing milk will be compensated. 36.3 EDUCATIONAL BENEFITS 36.3.1 Educational Assistance: The City of Cody recognizes that the skills and knowledge of its employees are critical to the success of the organization. The educational assistance program encourages personal development through education programs so employees can maintain and improve job-related skills or enhance their ability to compete for reasonably-attainable jobs within the City. The City may provide educational assistance to eligible employees immediately upon assignment to an eligible employment classification. To maintain eligibility employees must remain on the active payroll and be performing their job satisfactorily through completion of each course. Employees in the following employee classification(s) are eligible for educational assistance: ---PAGE BREAK--- 72 Regular full-time employees Regular part-time employees Individual courses or courses that are part of a degree, licensing, or certification program, including those being audited, must be related to the employee's current job duties or a foreseeable-future position in the organization in order to be eligible for educational assistance. The City has the sole discretion to determine whether a course relates to an employee's current job duties or a foreseeable-future position. To participate in education benefits employees must request in writing assistance from their Department Head in advance of annual department budget preparation. The Department Head will determine if the course work is work-related and if the department work schedule will allow any time off needed to participate. If the course work is approved in writing by the Department Head and City Administrator, and if funds have been set aside and approved in the budget, the employee will complete a form available through the Administrative Services Department outlining the course(s) to be taken, the cost for tuition and the class schedule. When the employee has successfully completed the course with a or better, the employee will be reimbursed for tuition and book costs, up to a maximum of $2,000 per full-time employee and up to a maximum of $1,000 per part-time employee per budget year. If the employee’s work schedule cannot be modified to allow a flex schedule to attend classes, the employee must use accrued compensatory or vacation time or take unpaid leave. Employees should contact their supervisor or Department Head for more information or questions about educational assistance. Course work must be approved in writing by the employee's Department Head and the City Administrator in advance of registration. While educational assistance is expected to enhance employees' performance and professional abilities, the City cannot guarantee that participation in education programs will entitle the employee to automatic advancement, a different job assignment, or pay increases. If the City of Cody determines that it is making a substantial investment in furthering an employee’s education and/or skills, the City may require the employee to enter into a contract obligating the employee to repay all or a portion of the investment if the employee resigns from his or her position within a designated period of time after the investment has been made. ---PAGE BREAK--- 73 The City of Cody will not pay for or provide assistance for employees who wish to participate in personal enhancement (non job-related) course work. 36.3.2 Educational Leave: The City of Cody may provide educational leaves of absence without pay to eligible employees who wish to take time off from work duties to pursue course work. Employees in the following employment classification(s) are eligible to request educational leave as described in this policy: Regular full-time employees Regular part-time employees Eligible employees may request educational leave for a period of up to six months every five years. Requests will be evaluated based on a number of factors, including anticipated work load requirements and staffing considerations during the proposed period of absence. Granting of educational leaves of absence will be at the discretion of the appropriate Department Head and the City Administrator. Subject to the terms, conditions, and limitations of the applicable plans, health insurance benefits will be provided by the City during the leave. Benefit accruals, such as vacation, sick leave, or holiday benefits will not continue to accrue during the unpaid leave. Retirement contributions will not continue during the unpaid leave of absence. When an educational leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the City cannot guarantee reinstatement in all cases. If an employee fails to report to work at the end of the approved leave period, the City will assume that the employee has resigned. The City of Cody will not provide leaves of absence for employees who wish to participate in personal enhancement (non job-related) course work. 36.4 FAMILY AND MEDICAL LEAVE The Family and Medical Leave Policy provides employees with time off to attend to the needs of immediate family members under certain circumstances. In addition, the policy is intended to permit an eligible employee time off for a serious illness that makes the employee temporarily unable to perform his/her job. ---PAGE BREAK--- 74 This policy is intended to meet or exceed the requirements of federal legislation. If laws of the State of Wyoming are more generous in any area, the state law will prevail over this policy on a provision-by-provision basis. 36.4.1 Leave Benefits: An eligible employee may take unpaid leave of absence for a total of twelve (12) work weeks during any twelve-month period for one or more of the following reasons: a. The birth and first-year care of a child (benefits end after the child reaches age one); b. The adoption or foster placement of a child (the benefits end twelve months after adoption or placement); c. The “serious health condition” of an employee’s spouse, parent, or child; d. The employee’s own serious health condition that makes the employee unable to perform his/her job functions. e. “Covered Active Duty” means: a. In the case of a member of the regular Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; and b. In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 1010(a)(13)(B) of Title 10. f. A “qualifying exigency” as defined by the United States Secretary of Labor, in which the employee’s spouse, son, daughter or parent on covered active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in a foreign country. Qualifying exigency leave can only be approved for those categories of leave authorized and approved by the Family Medical Leave Act and the United States Department of Labor Rules and Regulations. The entitlement to leave for birth, adoption or foster placement of a child as described above expires twelve (12) months after the birth, adoption or foster care placement. For purposes of leave under the next two categories above, a “serious health condition” is defined as an illness, injury, impairment or physical or mental condition that involves in-patient care or continuing treatment by a health care provider. The “continuing treatment” test for a serious health condition under the regulations may be met through: 1. A period of incapacity of more than three consecutive, full calendar days plus treatment by a health care provider that results in either: a. Two or more treatments in person by a health care provider within 30 days of the first day of incapacity, unless extenuating circumstances exist. The first treatment must take place within 7 days of the first day of ---PAGE BREAK--- 75 incapacity, and health care provider, not the employee/patient, shall determine if the second visit is needed; or b. Treatment by a health care provider on at least one occasion followed by a regimen of continuing treatment under the supervision of the health care provider. Over-the-counter medications, bed rest, taking of fluids, exercise and other activities that can be initiated without a visit to a health care provider to not constitute continuing treatment. Serious health condition does cover conditions such as asthma and diabetes even if the episode of incapacity does not last more than five days.” 2. Any period of incapacity related to pregnancy or for prenatal care; 3. Any period of incapacity or treatment for a chronic serious health condition; 4. A period of incapacity for permanent or long-term conditions for which treatment may not be effective, or 5. Any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a condition which would likely result in an incapacity of more than five consecutive, full calendar days absent medical treatment. For purposes of the benefits referred to above which pertain to leave for the serious health condition of a child, the term “child” shall mean a son or daughter which is either a biological, adopted or foster child, a step-child, a legal ward, or a child of a person standing in loco parentis who is: 1. Under eighteen (18) years of age; or 2. Eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability. When both a husband and wife are employed by the City of Cody, they are permitted to take only twelve (12) weeks leave in the aggregate over a twelve (12) month period if the leave is for birth, adoption, placement of a foster child or the care of a sick family member. For other types of family and medical leave available under this policy, each employee may take up to twelve (12) weeks leave in a twelve (12) month period. 36.4.2 Military Caregiver Leave: Subject to the requirements of this policy and Federal law, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the covered service member. During the 12-month period described in the paragraph, an eligible employee shall be entitled to a combined total of 26 workweeks of leave for leave under this paragraph, and leave under the section entitled “Benefits”. “Covered Service Member” means the following: a) A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is ---PAGE BREAK--- 76 otherwise on the temporary disability retired list, for a serious injury or illness. b) A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. The term “outpatient status” with respect to a covered service member, means the status of a member of the Armed Forces assigned to: 1. A military medical treatment facility as an outpatient; or 2. A unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. The term “Next of Kin” means the nearest blood relative of that individual. The term “serious injury or illness” in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade rank or rating. 36.4.3 Leave Eligibility: All regular full-time and part-time employees who meet the following criteria are eligible for FMLA leave: 1. Have been employed by the City of Cody for at least 12 months (nonconsecutive); and 2. Have worked for at least 1250 hours within the previous twelve (12) month period. Time paid (i.e. sick leave, vacation leave, etc) will not be counted in calculating hours of service. The use of numbers of hours of work in this policy instead of reference to days or weeks of work is intended only for ease of administration and should not be interpreted as having any effect on employment status under the Fair Labor Standards Act. Any eligible employee who is entitled to the leave referred to above shall be entitled to continuation of health benefits and all other insurance benefits, as well as accrual of sick leave and/or other leave benefits during the period of leave, under the same terms and conditions as are provided to the employee prior to taking the leave. Any increase in premiums or deductibles that apply to active employees shall also apply to employees on FMLA leave. Any employee who fails to pay the required share of premium may be dropped from coverage under the group health plan. ---PAGE BREAK--- 77 Any employee who is eligible for this leave and takes the leave is entitled to an equivalent position with equivalent pay, benefits, and conditions of employment upon return to employment so long as the employee can continue to perform all the essential functions of the position. Family and Medical Leave are not to be considered as leave in addition to other leave granted to the employee by the City of Cody. FMLA is intended only to supplement that leave to the extent it does not otherwise provide for twelve (12) weeks of leave. The City of Cody will require employees to use accrued leave in conjunction with FMLA leave. If the employee does not have 12 weeks of accrued leave, the employee will take as much FMLA leave paid as they have accrued and the remaining leave (up to 12 weeks) will be taken as unpaid FMLA leave). For example: If due to the illness of an employee, an employee desires to take leave for a period up to twelve (12) weeks and the employee has available six weeks of sick leave, one week of compensatory leave, and one week of vacation leave, then the employee would be required to use the eight weeks of available leave and would therefore use four weeks of unpaid leave, equaling the twelve (12) weeks of FMLA leave. 36.4.4 Duties of Employee: In the case in which the reason for leave is due to the necessity of the employee to care for the spouse, son, daughter, or parent of the employee or because of the serious health condition that makes the employee unable to perform the essential functions of his/her position, the employee shall: 1. Make a reasonable effort to schedule the treatment so as not to unduly disrupt the operations of the City, subject to the approval of the health care provider; and 2. Provide the City with timely oral and written notice; such notice may not be less than thirty (30) days before the date the leave is to begin. In cases where the date of the treatment requires the leave to begin in less than (thirty) 30 days, the employee shall provide such notice on the day the employee learns of the need for the leave or the next business day. If the employee does not give at least thirty (30) days’ notice, the City may ask for an explanation, and the employee must respond. If an employee fails to give proper notice, the City may delay or deny leave. 36.4.5 Duties of the City: The City of Cody shall notify the employee of eligibility within 5 business days of the employee’s request or of the City learning that leave may be covered by FMLA, unless there are extenuating circumstances. The notice may be oral or written, and must inform the employee if he or she is eligible. If the employee is not eligible for FMLA leave, the eligibility notice must specify at least one reason why the employee is not eligible. The City of Cody must also give notice to the employees of their rights and responsibilities. The City may use a single form (including U.S. Department of ---PAGE BREAK--- 78 Labor forms) for both the eligibility notice and the rights and responsibility notice. 36.4.6 Certification: The City of Cody will require an employee who requests Family and Medical Leave to be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, or in the case of service member family leave, of the next of kin of an individual as appropriate. The City must request the certification within five business days after the employee requests leave. The City must give the employee at least fifteen (15) calendar days to provide the certification. It is the employee’s responsibility to provide the City with a complete and sufficient certification. The employee shall be responsible for the cost of such certification or re-certification. If the certification is incomplete or insufficient, the City must notify the employee in writing of what additional information is needed and must allow the employee at least seven calendar days to cure any deficiency in the certification. A certification is incomplete if an entry is blank, and is insufficient if information is vague, ambiguous or nonresponsive. The City may deny FMLA leave if the deficiencies in the certification are not corrected, or there is no resubmitted certification. The City of Cody may contact the health care provider for authentication (i.e. verifying that the health care provider completed and signed the certification) or clarification (i.e. understanding the handwriting or understanding the meaning of a response) but only after giving the employee a chance to clarify. The City Administrator, Administrative Services Officer or his/her designee may contact the employee’s health care provider, but the employee’s direct supervisor may not contact the health care provider. In the case of a qualified exigency leave request, the City of Cody may require the employee to provide a copy of the service member’s active duty orders, or to complete form WH-384. In addition, the City of Cody reserves the right to contact a third party to verify that the employee met with the third party during the leave (for example a teacher or financial institution). If the employee submits complete and sufficient certification supporting the request for leave, the City of Cody may not request additional information from the employee. In the case of a military caregiver leave request, the City of Cody may require certification of the need for caregiver leave from specific military health care providers. The City of Cody may require the employee to complete a form WH-385 for certifying military caregiver leave. Certification shall be determined sufficient if it states the following: 1. The date on which the serious health condition commenced; and ---PAGE BREAK--- 79 2. The probable duration of the condition; and 3. The appropriate medical facts within the knowledge of the health care provider regarding the condition; and 4. If applicable, a statement that the eligible employee is needed to care for the son, daughter, spouse or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse or parent; and 5. In the case of the employee’s own serious health condition, a statement that the employee is unable to perform the functions of the position of the employee; and 6. In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment, and a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule. In any case in which the City of Cody has reason to doubt the validity of the certification provided by the employee for leave for medical care or for medical reasons, the City may require, at the expense of the City, that the eligible employee obtain the opinion of a second health care provider designated and approved by the City concerning any information certified under this section of such medical leave. In the event in which the second opinion described above differs from the opinion in the original certification provided under this section ,the City may require, at the expense of the City, that the employee obtain the opinion of a third health care provider designated or approved jointly by the City and the employee. The opinion of the third health care provider shall be considered to be final and shall be binding on the on the City and the Employee. The City of Cody may ask for recertification once every thirty (30) days in connection with the employee’s absence. If the original certification indicated that the condition will last more than thirty (30) days, and the leave involves the absence of the employee, the City will not ask for recertification during the period specified in that original certification. The City may ask for recertification every six months, regardless of the period specified in the certification. The City of Cody may not request recertification for qualified exigency or military caregiver leave. 36.4.7 Intermittent and Reduced Schedule Leaves: Serious health condition leaves described earlier may be taken on an intermittent or reduced schedule basis when medically necessary. Birth/adoption/foster placement leaves may be taken on an intermittent or reduced schedule basis only with the approval of the City Administrator and Department Head and the concurrence of the Administrative Services Officer or their designees. For purposes of this policy, ---PAGE BREAK--- 80 “intermittent leave” includes periods of absence ranging from one hour to several weeks. “Reduced schedule” means a leave schedule that reduces the usual number of hours worked by an employee. • Medical Certification: Employees taking an intermittent or reduced schedule leave for planned medical treatment are required to provide written certification from a health care provider that includes the expected treatment dates; (ii) the treatment’s expected duration; and (iii) a statement of the medical necessity of the leave. • Employee Obligation: Employees must make a reasonable effort to schedule intermittent leave which is foreseeable, based on planned medical treatment and approval of the health care provider, so as not to unduly disrupt the company’s business operation. • Temporary Transfer: The city may require an employee who requests intermittent leave or leave on a reduced schedule basis to temporarily transfer to an alternative job that better accommodates such periods of leave. The alternative position will be one for which the employee is qualified, and which provides equivalent pay and benefits. 36.4.8 Job Reinstatement and Failure to Return to Work: Employees are entitled to be reinstated in their prior jobs, or equivalent jobs with equivalent pay and benefits, upon their timely return from a family or medical leave. An employee returning from a serious illness leave is required to provide written certification from a health care provider that the employee is able to resume work. The employee returning from a serious illness retains the right to reinstatement after returning from an absence up to and including twelve (12) weeks duration. Leave taken because of a serious illness longer than twelve (12) week’s duration will be covered under the Sick Leave Policy and employees will be eligible to submit a claim under the employee’s long-term disability policy. An employee who fails to report to work or provide required medical documentation relating to the illness or injury will be terminated from employment. A salaried employee who is in the highest paid 10% among those employed by the City may be denied job reinstatement if necessary, to prevent significant and grievous economic injury to the City’s operations. An affected employee will be notified of the City’s decision to deny job reinstatement as soon as possible. If notice is provided after the leave has already commenced, the employee will be given the opportunity to immediately return to the job. An employee who fails to return to work after the leave of absence expires is required to reimburse the City for the City’s share of premiums/contributions for health coverage provided during the leave. Failure to reimburse the City of Cody may lead to legal action and/or withholding such amounts from payments otherwise owed to the employee (e.g. accrued vacation pay), pursuant to the employee’s signed authorization permitting such withholding. ---PAGE BREAK--- 81 Employees on family or medical leave are required to periodically report to their Department Head and/or Administrative Services Officer or his/her designee on their status and intention to return to work, as outlined in the Sick Leave Policy. A twelve (12) month period for the purposes of this policy is calculated starting from the day the employee is notified by the City of Cody that a leave of absence qualifies under the Family and Medical Leave Policy. 36.5 HOLIDAYS The City of Cody grants holiday time off to all employees on the holidays listed below. New Year's Day (January 1) Martin Luther King Day (third Monday in January) Presidents' Day (third Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veterans' Day (November 11) Thanksgiving Day (fourth Thursday in November) Day after Thanksgiving Christmas Day (December 25) The City will grant paid holiday time off to all eligible employees immediately upon assignment to an eligible employment classification. Holiday pay will be calculated based on the employee's straight-time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day. If the holiday falls on an employee’s scheduled day off, the employee will receive 8 hours of holiday pay and those hours will qualify as time worked for the calculation of overtime on his/her time sheet. In the case of a part-time employee, the employee will receive 4 hours of holiday pay. Eligible employee classification(s): Regular full-time employees 8 hours pay per holiday Regular part-time employees 4 hours pay per holiday A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday. If a recognized holiday falls during an eligible employee's paid absence vacation, sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have been used. If a nonexempt regular employee works on a recognized holiday, he or she will receive holiday pay at one and one-half times his or her straight-time rate for the hours actually worked on the holiday plus eight hours (or four hours in the case of a part-time employee) of straight time pay. ---PAGE BREAK--- 82 36.6 INSURANCE BENEFITS 36.6.1 Health Insurance: The City of Cody offers its regular full-time employees a health and life insurance plan through the Wyoming Association of Municipalities-Joint Powers Insurance Coverage (WAM-JPIC). The program is a group health and life insurance plan. The group health portion of the plan is administered and underwritten by BlueCross BlueShield of Wyoming. The group life plan is administered and underwritten by Medical Life Insurance Company. The City of Cody has also elected to offer eligible employees limited dental coverage under the Dental Option program within the insurance plan. Upon accepting a position with the City of Cody there is a waiting period for the application to be processed by the insurance provider. The City of Cody Council contributes into a Health Savings Account for employees enrolled in the City’s High Deductible Health Plan. The contribution will be equal to 50% of the annual deductible and one lump sum amount contributed to the employees HSA account with the first pay period of the calendar year. In general, this contribution will be budgeted for in the regular budget process; however, in the case of budgetary shortfalls, the Governing Body reserves the right to reduce or eliminate this contribution amount at their discretion. Information about the City of Cody's health and life insurance coverage program may be obtained from the Administrative Services Officer or his/her designee. a. COBRA The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City's health plan when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group rates plus an administration fee. The City’s insurance plan administrator will provide each eligible employee with a written notice describing rights granted under COBRA. The notice contains important information about the employee's rights and obligations. ---PAGE BREAK--- 83 36.7 COURT LEAVE 36.7.1 Jury Duty: The City of Cody encourages employees to fulfill their civic responsibilities by serving jury duty when required. The City of Cody will pay the employee’s regular wage for forty (40) working hours for full-time employees and for twenty (20) working hours for regular part-time employees. Jury duty pay will be calculated on the employee's base pay rate times the number of hours the employee would otherwise have worked on the day of absence. Jury duty fees paid to the employee will be turned back to the City by the paid employee. Employee classifications that qualify for paid jury duty leave are: Regular full-time employees Regular part-time employees For jury duties lasting longer than forty (40) working hours for full-time employees and (20) hours for regular part-time employees, employees will not be paid, but are free to use any accrued eligible paid leave benefits such as vacation, compensatory time and the personal day to receive compensation for any period of jury duty absence that would otherwise be unpaid. Employees must show the jury duty summons to their supervisor as soon as possible so the supervisor may make arrangements to accommodate their absence. Employees are expected to report for work whenever the court schedule permits. The City Administrator may allow additional paid time to fulfill jury duty obligations. The City will continue to provide health insurance benefits for the full term of the jury duty absence. In addition, vacation, sick leave, retirement and holiday benefits will continue during jury duty leave so long as the employee is drawing pay from the City of Cody. 36.7.2 Witness Duty: The City of Cody encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to testify as witnesses by the City or because of the position they hold with the City of Cody, they will receive paid time off for the entire period of witness duty. Any fees paid which relate to serving as a witness under this circumstance will be turned over to the City of Cody if the City is granting paid leave to appear as a witness. Employees will be granted a maximum of 40 hours for full-time employees and 20 hours for regular part-time employees of unpaid time off to appear in court as a witness at the request of a party other than the City. ---PAGE BREAK--- 84 Employees will not be paid but are free to use any accrued eligible paid leave benefits such as vacation, compensatory time and the personal day to receive compensation for any period of witness duty absence that would otherwise be unpaid. The subpoena should be shown to the employee's supervisor immediately after it is received so operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work when the court schedule permits. 36.8 MILITARY LEAVE 36.8.1 General Provisions: A military leave of absence will be granted to employees to attend scheduled drills or training or if called to active duty with the U.S. armed services. All sections of this policy will be in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Questions regarding military leave are addressed in general in this policy, but for more detailed situations, the Administrative Services Officer or his/her designee shall refer to the Federal Register of the Department of Labor 20 CFR Part 1002 for clarification, identification and interpretation of the USERRA. The Administrative Services Officer or his/her designee shall have a copy of the Federal Register in his/her office for employee review. 36.8.2 Requirement of Notice: All employees must notify the City of Cody that he/she intends to leave the employment position to perform service in the uniformed services. The employee’s notice may be written or verbal and must provide at least thirty days’ notice if possible and if not possible, be as far in advance as reasonably possible. 36.8.3 Periods of Service: A City of Cody employee may perform service in the uniformed services for a cumulative period of up to five years and retain reemployment rights with the City of Cody. Some exceptions apply and can be found in 20 CFR Part 1002. 36.8.4 Application for Reemployment: Upon completing service in the uniformed services, the employee must notify the City of Cody of his/her intent to return to his/her employment by either reporting to work or submitting a timely application for reemployment. a. Periods of service less than 31 days or for the period of any length of a fitness examination: the employee must report back to work not later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the period of service, and the expiration of eight hours after a period allowing for safe transportation from the place of that service to the employee’s residence. ---PAGE BREAK--- 85 b. Period of service more than 30 days but less than 181 days: the employee must submit an application for reemployment (written or verbal) with the employer not later than 14 days after completing service. c. Period of service more than 180 days: the employee must submit an application for reemployment (written or verbal) not later than 90 days after completing service. Reemployment rights are terminated if the employee is: a. Separated from uniformed service with a dishonorable or bad conduct charge; b. Separated from uniformed service under other than honorable conditions, as characterized by regulations of the uniformed service; c. A commissioned officer dismissed as permitted under 10 U.S.C. 1161 by sentence of a general court-martial; in commutation of a sentence of a general court-martial; or, in time of war, by order of the President; or, d. A commissioned officer dropped from the rolls under 10 U.S.C 1161 due to absence without authority for at least three months; separation by reason of a sentence to confinement adjudged by a court-martial; or, a sentence to confinement in a Federal or State penitentiary or correctional institution. 36.8.5 Military Training Leave of Absence Pay: Employees will receive full pay for training assignments of fifteen days and shorter absences pursuant to Wyoming State Statute 19-11-108(a) which states…employees in the Wyoming National Guard or U.S. Military reserve shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed fifteen (15) calendar days in any one calendar year. Employees must present official military duty or training orders. The portion of any military leaves of absence in excess of fifteen calendar days will be unpaid. However, employees may use accrued time off such as vacation, compensatory time and the personal day during the absence. 36.8.6 Benefit provisions during Military Leave of Absence: 1. Health Insurance: So long as the City of Cody has a health insurance program in place, and the employee is part of the plan at the time the employee requests leave; the employee is eligible to keep coverage on himself/herself and eligible dependents. a. Leave less than 31 days: The employee cannot be required to pay more than the regular employee share, if any, for health insurance coverage. ---PAGE BREAK--- 86 b. Leave for more than 31 days: The employee may be required to pay no more than 102% of the full premium under the plan, which represents the employer’s share plus the employee’s share, plus 2% for administrative costs. c. Seniority Benefits: the employee is eligible to receive all seniority, status and rate of pay benefits. Vacation and sick leave benefits will cease to accrue during a military leave of absence; however, the balances will remain available for when the employee returns. In addition, any increases in pay due to longevity or that would have been provided during the period of leave must be restored upon reemployment. Wyoming Retirement System Contributions: Upon reemployment, the employee is treated as not having a break in service with the employer for purposes of participation, vesting and accrual of benefits so long as once he or she is reemployed and has repaid any contributions that would have been required while he/she was on leave. Employees are required to repay their portion of the contribution within five years. Should the employee elect not to repay their contribution, the time on leave will be treated as a break in service. All rules and regulations of the Wyoming Retirement System will be followed with regard to employer and employee contributions once the employee is reemployed. 36.9 PERSONAL LEAVE The City of Cody may provide leaves of absence to eligible employees who wish to take time off from work duties to fulfill personal obligations. If granted, employees may use accrued paid time off including vacation, compensatory time and personal day. Once all paid time has been used, employees may also, with approval from the Department Head and City Administrator, extend their personal leave without pay. Employees in the following employment classification(s) are eligible to request personal leave as described in this policy: Regular full-time employees Regular part-time employees As soon as eligible employees become aware of the need for a personal leave of absence, the employee shall submit a written request to their Department Head outlining the purpose and expected duration of the requested leave. If authorized, personal leave may be granted for a period of up to 30 calendar days for full-time employees and 15 calendar days for part-time employees every twelve months. If this initial period of absence proves insufficient, consideration will be given to a written request for a single extension. ---PAGE BREAK--- 87 Requests for personal leave will be evaluated based on a number of factors, including anticipated work load requirements and staffing considerations during the proposed period of absence. Subject to the terms, conditions and limitations of the applicable plans, the City will continue to provide health insurance benefits for up to 30 calendar days of approved personal leave for eligible employees. The Employee will only be expected to reimburse the City of Cody for the employee share of the premium that would have been deducted from the employee’s pay had the employee been at work. Employees authorized to extend personal leaves of absence beyond 30 days will be required to reimburse the City of Cody for the entire employer and employee health care insurance premium. Vacation, sick leave, and holiday benefits will not continue to accrue during the approved personal leave period. Retirement contributions will not continue during any unpaid leave of absence. When a personal leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the City cannot guarantee reinstatement in all cases. In any case where the City of Cody must fill the employee’s position while on a personal leave of absence, the City will make all reasonable efforts to notify the employee in advance in an effort to allow the employee to immediately return to their position. If an employee fails to report to work at the expiration of the approved leave period, the City will assume the employee has resigned. 36.10 Retirement Program The City of Cody participates in the Wyoming Retirement System program. Participation by regular full-time and part-time employees is mandatory Wyoming Statutes regulate the Employer and Employee contributions. The Governing Body has authorized as part of the benefits package to pay a percentage of the employee’s contribution of each employee’s gross salary. This percentage is subject to change at the discretion of the Governing Body and is generally considered annually during the budget process. Unless otherwise noted during the budget process the change would occur at the start of the fiscal year. Statutory changes may also happen during the legislative process each year. Eligible employees receive a handbook of the Wyoming Retirement System. Additional information can be obtained from the Administrative Services Officer or his/her designee. 36.11 Sick Leave Benefits 36.11.1 Purpose: Sick leave benefits are intended solely to provide income protection in the event of illness or injury. The City of Cody provides paid sick leave benefits to all eligible employees for periods of temporary absence due to ---PAGE BREAK--- 88 employee illnesses or injuries as well as the illnesses or injuries of the employee’s immediate family including the employee’s spouse, child or parent or same by marriage. Any time spent attending doctors’ appointments or time away from work due to an injury or illness will be recorded as sick time. An employee who wishes to take sick leave without pay must have authorization from the appropriate Department Head, Administrative Services Officer and City Administrator. Accrued Sick leave (up to 40 hours) may also be granted to employees after the death of an immediate family member where the employee needs time to tend to the deceased family member’s affairs. (Reference Section 36.1 Bereavement Leave) 36.11.2 Eligible employee classification(s): Regular full-time employees Regular part-time employees 36.11.3 Accrual: Eligible employees will accrue sick leave benefits at: 8 hours per month for full-time employees 4 hours per month for part-time employees Sick leave will begin to accrue at the start of employment. Paid sick leave is to be rounded to the nearest quarter-hour increment and recorded as such. Effective with the date of this policy manual, employees’ will be eligible to accrue up to a maximum of 720 hours of sick leave. 36.11.4 Grandfathered Sick Leave Balances: This section no longer valid. 36.11.5 Notification of Sick Leave: Employees who are unable to report to work due to illness or injury shall notify their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted by the employee on each additional day of absence unless other arrangements have been authorized by the Department Head. Employees on extended leave must contact their direct supervisor at least weekly. For Family and Medical Leave Act notification purposes please refer to section 33.4. 36.11.6 Verification of Illness: If an employee is absent for three or more consecutive working days due to a SERIOUS ILLNESS OR INJURY, a ---PAGE BREAK--- 89 physician's statement must be provided verifying the reason for the absence. A Doctor's release authorizing the employee to perform the essential functions of his or her position must be provided to the employee's supervisor or Department Head prior to returning to work. Such verification may be requested for other sick leave absences as well and may be required as a condition to receiving sick leave benefits. Physicians’ statements will be maintained in the employee's medical file. Employees who are on extended sick leave must provide documentation from medical reevaluations every four weeks. Documentation must verify the continued need for time off and the expected date the employee will return to work. If an employee is absent for three to five days for more common health conditions that do not qualify under the FMLA (refer to Section 36.4.1) a physician’s statement may not be required, but in some instances a return to work release may be required. 36.11.7 Calculation of Sick Leave Benefits: Sick leave benefits will be calculated based on the employee's base pay rate at the time of absence. Employees who become sick during a scheduled vacation are not entitled to exchange accrued sick leave in place of the accrued vacation which had been arranged without the approval of their Department Head. All sick leave benefits must be taken from accrued sick leave time. Sick leave cannot be taken before it has been earned and accrued. 36.11.8 Sick Leave Conversion: Eligible employees may be able to convert a portion of their accrued sick leave towards the employee’s 457 Deferred Compensation Account or Health Savings Account or a combination of both upon an eligible separation from employment. In the event of an eligible employee’s untimely death if he or she is not currently enrolled in the City’s Health Insurance Plan, thus not having a qualifying Health Savings Account nor an active City 457 Deferred Compensation Account, the dollar amount associated with the sick leave conversion will be paid to the employee’s current beneficiary as listed with the Wyoming Retirement System. The entire dollar amount will be subject to Federal taxes and withheld accordingly with the W4 on file for this employee. Conversion of sick leave is subject to the Internal Revenue Service contribution rules and regulations in place at the time of conversion. Employee’s with a conversion balance greater than their account contribution availability will forfeit the remaining conversion balance. a. Eligible Separation of Employment Includes: ---PAGE BREAK--- 90 1. Where the employee has worked for the City of Cody for 7 continuous years in a benefited position and then voluntarily terminates. 2. Where there is a reduction in force. 3. Where the employee retires under the Wyoming Retirement System and has work for 7 continuous years in a benefited position. 4. Where the employee dies and had worked for the City for 7 years in a benefited position and the employee designated a beneficiary of his/her sick leave bank. 5. Where the employee is forced to terminate for medical reasons due to a work-related injury received while employed by the City of Cody. If an employee is terminated in any manner other than the above described situations, no sick leave benefits will be converted. b. Conversion Policy: The employee’s sick bank hours will be converted at the rate of pay the employee is earning at the time of separation. Leave will be converted by taking the total unused accumulated sick leave hours, up to a maximum of 720 hours, multiplied by the employee’s rate of pay at the date of separation, multiplied by the percentage in accordance to the following table: Total years of consecutive service % of Current Pay Less than 7 0% 7 5% 8 10% 9 15% 10 20% 11 25% 12 30% 13 35% 14 40% 15 45% 16 50% 17 55% 18 60% 19 65% 20+ 70% For example, an employee who worked for the City of Cody for 5 years would not be eligible for sick leave conversion. An employee who worked for the City of Cody for 10 years, had 720 hours accrued, and made $15 per hour would be able to convert the equivalent of $2,160 ---PAGE BREAK--- 91 to their Health Savings Account or Deferred Compensation Account (720 hours multiplied by $15 per hour multiplied by 20%). c. Conversion Policy for Total Payout Value of $500.00 or less: In the situation that would result in the payout value of $500.00 or less and the employee does not currently participate in the City’s Health Insurance nor have an active City 457 Deferred Compensation plan, the employee would have the option of a cash payout in lieu of establishing a City 457 Deferred Compensation plan. The entire dollar amount would be subject to Federal taxes and withheld accordingly with the W4 on file for this employee. 36.11.9 Sick Bank Usage and Donation: The City of Cody allows employees to donate sick leave to other eligible employees who may not have accumulated enough time to recover from a serious injury or catastrophic illness through the use of a Sick Leave Bank as well as individually. In order to use time from the Bank, an employee must submit a request to the Administrative Services Officer or his/her designee along with a Doctor's notice that time from work will be required. In addition, the employee must have used all of his/her accrued sick leave, vacation leave, personal day and compensatory time. If the employee qualifies, the Administrative Services Officer or his/her designee, City Administrator and Department Head will authorize the deduction of time from the Bank to cover each pay period from which the employee is absent from work. Banked sick leave time can only be used for the illness of a City of Cody employee (not family members with the exception of immediate family member with a verified terminal illness) and only for an illness which qualifies under the Family and Medical Leave Act (refer to the Family and Medical Leave Policy). The Sick Leave Bank may not be used if it is determined the employee will not sufficiently recover to return to work. Employees with life-threatening illnesses such as cancer, heart disease, and HIV or AIDS, disability, or injury, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. The City of Cody supports these endeavors as long as employees are able to meet acceptable performance standards and so long as existing sick leave policy requirements are met. As in the case of other disabilities, the City of Cody will make reasonable accommodations in accordance with all legal requirements, to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs. Medical information on individual employees is treated confidentially. The City of Cody will take reasonable precautions to protect such ---PAGE BREAK--- 92 information from inappropriate disclosure. Supervisors and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment. Employees with questions or concerns about life-threatening illnesses are encouraged to contact their Department Head, the Administrative Services Officer or his/her designee, or the City Administrator for information and referral to appropriate services and resources. 36.11.10 Sick Bank Usage Rules: The following rules will apply to the Sick Leave Bank. 1. No full-time employee may use more than 160 hours of time from the bank in any 12-month period of time and no part-time employee may use more than 80 hours of time from the bank in any 12-month period of time. 2. Additional hours from this bank will not be approved, however, individual donations made by other employees directly to the injured or ill employee will be allowed under the donation rules section as outlined below. 3. Employees using the Sick Leave Bank will provide medical records prior to leave being authorized. The records are to verify the need for time off and the likelihood of the employee returning to work. 4. Employees may not accrue additional leave (sick and vacation) while receiving leave from the sick bank. 36.11.11 Sick Bank Donation Rules: 1. General Donations to the City Bank intended for all eligible employees. a. No full-time employee may donate to the bank unless he/she has accrued at least 80 hours of sick leave and no regular part-time employee may donate to the bank unless he/she has accrued at least 40 hours of sick leave. b. No one employee may donate more than 10% of his/her accrued sick leave at any one time if he/she has less than 300 hours of accrued sick leave. c. No one employee may donate more than 100 total hours of sick leave to the bank in a calendar year. d. Donations can be made to the bank at any time during the year. Employees should obtain a general donation form on file with the Administrative Services Officer or his/her designee. 2. Donations made to individual employees a. Donations may be made to individual employees directly from co-workers if the employee is not able to return to work ---PAGE BREAK--- 93 due to his/her injury or illness after the employee has used the eligible hours available from the general sick bank. b. Employees wishing to donate sick leave to individual employees must complete the request in writing to the Administrative Services Officer. c. Employee’s donating leave to individual employees may donate 16 hours of leave per employee per year and must have at least 300 hours of leave time available in their sick leave account, but may not donate more than 100 total hours of sick leave to specific employees in a calendar year. d. No donations may be made to rebuild an individual’s sick leave account. It may only be used to supplement the employee’s income due to time lost from work. 3. Donation request by the injured/ill employee. a. If an injured or ill employee has utilized all available leave (vacation, sick, comp and personal) and has exhausted the available leave from the general sick bank, the employee may request donations from individual co-workers. b. The requesting employee must complete a form on file with the Administrative Services Officer authorizing the Administrative Services Officer or his/her designee to solicit donations of sick leave on the requesting employee’s behalf. c. The requesting employee acknowledges that donated leave is not guaranteed and will only be available if donations are received. d. All other rules and regulations of the sick leave policy apply. 36.12 VACATION AND PERSONAL DAY BENEFITS Vacation and personal day time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time and the allotted personal day as described in this policy: Regular full-time employees Regular part-time employees The amount of paid vacation time employees receives each year increases with the length of their employment as shown in the schedule below and accumulates based on the employee's date of employment. Vacation time off is paid at the employee’s base rate of pay at the time of vacation. ---PAGE BREAK--- 94 In addition to the vacation schedule outlined below, each full-time employee will be granted one personal day (8 hours) and each part-time employee will be granted one half personal day (4 hours) each calendar year which may be taken with the approval of the employee’s supervisor or Department Head. If a personal day is not taken during the calendar year it may not be carried over into the next calendar year. Upon termination of employment, employees will be paid for unused vacation time that has accrued through the last day of work. Unused personal days are not paid upon termination of employment. Vacation Accrual Schedule (based on employment hire date) Part-Time Full-Time 1st Yr. through the end of Yr. 4 40 hrs/5 days 80 hrs/10 days Start of Yr. 5 through the end of Yr. 9 60 hrs/7.5 days 120 hrs/15 days Start of Yr. 10 through the end of Yr. 14 80 hrs/10 days 160 hrs/20 days Start of Yr. 15 through the end of Yr. 19 100 hrs/12.5 days 200 hrs/25 days Start of Yr. 20 and each additional year 120 hrs/15 days 240 hrs/30 days The length of eligible service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee is hired. An employee's benefit year may be extended for a personal leave of absence. (See individual leave of absence policies for more information.) Vacation leave will begin to accrue at the start of employment. Paid vacation leave is to be rounded to the nearest quarter-hour increment and recorded as such. Effective with the date of this policy manual, employees’ will be eligible to accrue up to a maximum of the annual accrual plus 80 hours (40 hours for regular part-time employees) of vacation leave based on their years of employment. Example an employee who has been employed with the City for 13 years will be eligible to have as an accrual balance of 240 vacation hours (160 annual accrual plus 80) – once the employee reaches this limit s/he will not accrue additional vacation leave until hours are reduced by the employee taking time off utilizing said vacation hours. They can request use of vacation time after it is earned. To take vacation, employees must request advance approval from their supervisor. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Unpaid leaves of absence must be approved by the employee’s Department Head and the City Administrator. 36.13 VOTING TIME OFF The City of Cody encourages employees to fulfill their civic responsibilities by participating in elections. Therefore, employees shall be granted up to one hour away from work, such time to be designated by their immediate supervisor, for the ---PAGE BREAK--- 95 purpose of voting in national, state and local elections in accordance with applicable state and federal laws. 36.14 WORKERS' COMPENSATION INSURANCE The City of Cody provides a comprehensive workers' compensation insurance program for its employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work-related injuries or illnesses should inform their supervisor immediately and are required to do so within 72 hours. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This enables an eligible employee to qualify for coverage as quickly as possible. Employees injured on the job are required to complete a Worker's Compensation claim form within ten days after the injury becomes apparent. Neither the City nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the City. If an employee is injured on the job and the recovery period off the job is eight calendar days or less, Worker's Compensation will not pay for the first three days of the injury - the City will pay those days. If the recovery time off the job is nine days or more, Worker's Compensation will go back to the date of the injury and cover the entire time period. Worker's Compensation pays employees at the rate of 2/3 their gross income. They do not withhold any taxes and injured employees do not report Worker's Compensation income for tax purposes. For additional information about Worker's Compensation, please contact your Department Head or the Administrative Services Officer or his/her designee. Retirement contributions will not be paid while an employee is recovering from a work-related injury. This restriction is mandated by the Wyoming Retirement System. Employees who are being paid a disability (temporary or permanent) by Wyoming Worker’s Compensation may not use accrued vacation, sick leave, compensatory time or personal day leave in order to receive extra disability benefits. Department Heads must complete an accident investigation form for each on-the-job injury. Accidents which do not result in an employee injury must also have an accident investigation form completed which will remain with the Administrative Services Officer or his/her designee in an Accident Investigation File. ---PAGE BREAK--- 96 If there is conflicting information between this document and material provided by Wyoming Worker’s Compensation, the Worker’s Compensation information should be followed and the employee should contact the Worker’s Compensation office. 36.14.1 City of Cody Memorandum of Understanding: In the event of an injury resulting from a work-related activity, and the injury is determined an open case by the Wyoming Worker’s Compensation Division and the employee has lost time away from his/her job as prescribed by a medical professional, the City of Cody will give each regular part-time and full-time employee the option to agree to the following: • The City of Cody will offer to pay the employee any accrued sick leave therefore eliminating the wait for pay from the Wyoming Worker’s Compensation Division. • The employee agrees to reimburse the City of Cody any and all money received from Wyoming Worker’s Compensation as a result of the work-related injury within three days of receipt of the money. • Upon reimbursement of funds, the City of Cody will credit back the equivalent of sick days used on the employee’s leave time accrual register. • Both parties agree to use their best faith efforts at all times. If the employee chooses the Memorandum of Understanding arrangement over the standard procedures set forth by the Wyoming Worker’s Compensation Division, any violation of the Memorandum of Understanding could result in disciplinary action up to and including termination of employment. For further information and details regarding the Memorandum of Understanding, please see the appropriate Department Head, Administrative Services Officer or his/her designee.