Document Evanston_doc_117d82c3c3

PERSONNEL POLICY MANUAL of the City of Evanston, Wyoming Adopted: September 5, 2006 ---PAGE BREAK--- TABLE OF CONTENTS Article I EMPLOYMENT POLICIES Section 1-1 General Policy . . . . . . . . . . . . . . . . . . . . . . 1 Section 1-2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1-3 Employment Policy . . . . . . . . . . . . . . . . . . 3 Section 1-4 Intra-City Job Postings . . . . . . . . . . . . . . . 5 Section 1-5 Employment Procedure . . . . . . . . . . . . . . . 6 Section 1-6 Employment Status . . . . . . . . . . . . . . . . . . 6 Article II PERSONNEL RECORDS and EVALUATION Section 2-1 Personnel Records . . . . . . . . . . . . . . . . . . 7 Section 2-2 Performance Reviews & Employee Development . . . . . . . . . . . 7 ARTICLE III BENEFITS Section 3-1 Pay Periods . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 3-2 Service Awards . . . . . . . . . . . . . . . . . . . . . 9 Section 3-3 Vacations . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 3-4 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 3-5 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 3-6 Family and Medical Leave . . . . . . . . . . . 11 Section 3-7 Excused Absences . . . . . . . . . . . . . . . . . 12 Section 3-8 Disability Benefit Plan . . . . . . . . . . . . . . . 13 Section 3-9 Other Benefits . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE IV CONDUCT Section 4-1 Political Activities . . . . . . . . . . . . . . . . . . . 17 Section 4-2 Conflict of Interest . . . . . . . . . . . . . . . . . . 17 Section 4-3 Outside Employment . . . . . . . . . . . . . . . . 18 Section 4-4 No Solicitation - No Distribution . . . . . . . 18 Section 4-5 Employee Miscellaneous Policies . . . . . . 18 Section 4-6 News Release . . . . . . . . . . . . . . . . . . . . . 18 Section 4-7 Sexual Harassment . . . . . . . . . . . . . . . . . 19 Section 4-8 Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 4-9 Computers, Electronic Mail, Telephones, Voice Mail and Fax Machines . . . 20 Section 4-10 Drug-Free Workplace Policy . . . . . . . . . 20 ARTICLE V REIMBURSEMENT & EQUIPMENT Section 5-1 Employee Education, Job Training and Certification . . . . . . 23 Section 5-2 Reimbursement of Expenses . . . . . . . . . 24 Section 5-3 Employee Uniforms, Safety and Safety Equipment . . . . . . . . . . . . . . . 24 Section 5-4 City Vehicles . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE VI EMPLOYEE INPUT Section 6-1 City Employees' Committee . . . . . . . . . . 26 Section 6-2 Employee Grievances . . . . . . . . . . . . . . . 28 ---PAGE BREAK--- -ii- ARTICLE VII DISCIPLINE & TERMINATION Section 7-1 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 7-2 Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 7-3 Termination of Employment . . . 31 Section 7-4 Death of an Employee . . . . . . . . . . . . . . . 31 APPENDIX A - FAIR LABOR STANDARD EXEMPTIONS . . 33 APPENDIX B - POLICY EXEMPTIONS . . . . . . . . . . . . . . . . . . 34 ---PAGE BREAK--- Article I / Page 1 Article I EMPLOYMENT POLICIES Section 1-1 General Policy In order to insure that the principles of merit are the basis for all personnel action, Evanston does hereby establish a system of personnel administration. These policies and procedures will be administrated impartially by the Human Resources Administrator under the direction of the Governing Body. These policies and procedures have been established to insure the operation of merit principles in all City activities; to insure that any personnel actions, including recruitment, examination, selection, appointment, compensation, training, promotion, retention, discipline, and all other actions, will be impartially and universally applied. Section 1-2 Definitions For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. Anniversary Date: shall mean the date of an employee's last hiring. Applicant: shall mean an individual who has completed and submitted an application for employment with the City. City shall mean the City of Evanston, Wyoming. City Council shall mean the Council or Governing Body of the City of Evanston, Wyoming, including the Mayor. Classification Plan: shall mean a plan to assign positions on an evaluation of job content and factors such as: 1) duties and responsibilities; 2) requirements as to education, knowledge, experience and abilities and 3) ranges of pay. Classified Employees: shall mean an employee who is assigned a position within the official classification plan of the City. Department shall mean the several organizational units of the Executive Branch of the City through which its services and programs are performed. Department Head shall mean the chief administrative officer of a Department appointed by the Mayor. Employee: shall mean a person legally holding a compensated position with the City by virtue of prescribed procedures. Essential Job Functions: shall mean those functions that the individual would have to perform with or without reasonable accommodation, in order to be considered qualified for a given position. Exempt Employees shall mean those positions exempted from the operation of the Fair Labor Standards Act. Grievance: shall mean a misunderstanding or disagreement between an employee and a supervisor or other employee that relates to working conditions, established policy, benefits and/or compensation or discrimination. Immediate Family: shall mean relatives by blood or adoption or by marriage including but not limited to: wife, husband, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, nephews, nieces, aunts, uncles, brothers-in-law, sisters-in-law, daughters-in-law, sons-in-law and parents-in-law, step parents and step children. Mayor or Chief Executive shall mean the Mayor of the City of Evanston, Wyoming Non-Classified Employee: shall mean an employee whose position is not included in the official classification plan of the City. ---PAGE BREAK--- Article I / Page 2 Layoff: shall mean the involuntary separation of an employee from his/her position because of lack of work, lack of funds, reorganization or legislative action. Merit Increase: shall refer to an increase in salary based on work performance. OSHA shall mean the Occupational Safety and Health Administration Department of the State of Wyoming or the United States Government. Pay/Compensation Plan: shall mean a schedule of pay ranges for all job classifications in the City. Human Resources Administrator shall mean the Employee of the City of Evanston, whose duty is to administer the personnel ordinances and regulations and policies of the Governing Body. Position shall mean a specified grouping of duties and responsibilities assigned or designated to an employee which the employee is to carry out as a condition to his or her service with the City. Promotional Employee: An employee who has been promoted to a higher classification and/or higher salary range. The evaluation period for a promotional employee shall be the same as a new employee. Supervisor shall mean the person who oversees an employee on a day to day basis and from whom the employee receives assignments, guidance and direction. Transferred Employee: An employee who has initiated and received a transfer from one position to a different position at the same or lower pay range. The evaluation period for a transferred employee shall be the same as a new employee. Work Week: shall mean the hours of 12:01 a.m. Sunday morning until midnight Saturday night, established for the purpose of computing overtime. ---PAGE BREAK--- Article I / Page 3 Section 1-3 EMPLOYMENT POLICY Equal Employment Opportunity Statement The City is an equal opportunity employer. Discrimination on the basis of race, color, national origin, religion, handicap disability, sex, age, veteran status or political affiliation with respect to terms and conditions of employment, including but not limited to, recruitment, employment, appointment, reinstatement, termination, training or any other personnel action is prohibited except where a bona fide occupational qualification or job requirement exists. No person occupying or applying for any position covered under these personnel policies and procedures shall be employed, appointed, promoted, demoted or dismissed, nor shall any other employment action be taken, for any reason other than for qualification, merit and fitness for service, or lack thereof. Recruitment And Application of Job Vacancies A position vacancy may be publicized by posting an announcement on official City bulletin boards and in other places and through such media as appropriate to attract any and all qualified applicants without regard to race, creed, sex, age, disability or national origin as defined under applicable statutes. Application forms of accepted applicants will become a permanent part of the employee's personnel file. Applications may remain on file for consideration for three months after receipt. Applicants desiring to insure that their application is actively considered may renew their application in writing for a period not to exceed one year. Thereafter, a new application must be submitted for further consideration. Screening It shall be the responsibility of the Human Resources Administrator, working with the department, to receive and screen applications for position vacancies. Routine reference checks may be conducted for all candidates prior to employment. For the following positions, background checks will be required: Department Heads, Police Department staff, and any other positions designated by Department Heads or the Governing Body. After an offer of employment has been made, a medical examination may be required prior to original employment or appointment. The offer of employment may be conditioned on results of the medical exam only where all entering employees are required to undergo the exam, regardless of any disability. Medical examinations shall be required by the Department Head only where such is deemed job related and consistent with business necessity. Such examination shall be conducted by a licensed physician approved by the City, and the cost shall be incurred by the City. If the physician deems any candidate medically or physically unable to perform the duties of the position applied for, the physician shall state in writing the reason for this inability. Refusal to submit to a medical examination, when required, prior to employment or appointment, shall be grounds for rejection. All medical information obtained about any applicant shall be kept strictly confidential. Prior to employment/appointment, a selected applicant for a position requiring a Commercial Driver’s License is required to submit to a drug and alcohol test as part of the application process. Applicants for such positions will be notified that pre-employment testing will be conducted. Final selection for position openings will be made by the Department Head. Nepotism. Two members of an immediate family shall not be employed under the same Division; neither shall two members of an immediate family be employed at the same time, regardless of the division, if such employment will result in an employee supervising a member of his or her immediate family. The City shall not rehire employees who were discharged from the City for cause. The City shall not pay any fees charged by employment agencies for referring applicants. Starting Date. The starting date for a new regular employee should be selected to permit a minimum of one week of continuous job training without interruption for a holiday. New employees scheduled to begin work in ---PAGE BREAK--- Article I / Page 4 December should start before the last two weeks of the year or begin on the first workday of the new year. Temporary/Seasonal and part-time positions not requiring On-The-Job training may be hired at any time. Evaluation Period. A trial period of employment during which the employee is required to demonstrate his/her fitness by actual performance of the duties of the position to which he/she is employed, appointed or promoted. A new, rehired, transferred, or promotional employee shall be evaluated for a period of no less than one hundred eighty (180) calendar days and may be dismissed at anytime, without cause, during this period at the discretion of the Department Head. Promotional and transferred employees may be returned to their former classification, depending on availability of same, at the Department Head(s') discretion. Law enforcement officers, as defined by Wyoming Statutes, shall be evaluated until the successful completion of a prescribed course of training at a certified law enforcement training academy and the completion of one year of employment with the City and may be dismissed at anytime without cause during this period, at the discretion of the Department Head. An employee under evaluation may be given one extension of the evaluation period not to exceed one hundred and eighty (180) calendar days at the discretion of the Department Head. Employee Assignment. Employee duties and responsibilities are subject to change by the Department Head, in the interest of maximizing City work load demands. Minimum Age. The minimum age for regular employment shall be eighteen (18) years of age, twenty one (21) years of age for Police Officers. Temporary/Seasonal employees engaged in occupations designated as non- hazardous shall be at least fourteen (14) years of age. Transfer. Voluntary: City employees shall have the opportunity of requesting a transfer to another position at any time there is an existing vacancy for which they are qualified (See Sec. 1-4 Intra-City Job Posting). When an employee initiates the transfer to a position of a lower grade, the employee shall receive a rate of pay within the range of the new grade as determined to be appropriate by the Department Head. Involuntary: If an employee transfer is initiated by the City for reasons other than discipline, his/her rate of pay for a new grade shall be determined as follows: If a rate of pay for the former position is more than the maximum rate of the range for the new position, the rate of pay shall be reduced to the maximum rate. (ii) If the rate of pay in the former position falls within the range of the new position, the salary shall be at least equal to the rate in the former position. Overtime For time worked over forty (40) hours in a week or 80 hours per 14 day work period for Police employees, all employees whose positions are determined eligible by the City Council, will be compensated at one and one-half (1-1/2) times their normal hourly rate either in the form of monetary pay or compensatory time off subject to the following conditions: All overtime worked must be given proper authorization, and; (ii) Records of all overtime worked must be kept by Department Heads with copies to the accounting payroll clerk. Accumulated compensatory time will be limited to forty (40) hours per employee. Additional compensatory time must be used within thirty (30) days of being earned or receive monetary pay in lieu of. The decision to give the employee monetary pay or compensatory time subject to above, shall be at the sole discretion of the Department Head. ---PAGE BREAK--- Article I / Page 5 An employee may request use of compensatory time in hourly increments provided such requests do not interfere with the department's needs. It will be at the discretion of the supervisor as to whether or not the request will be granted. Operational Hours. Operational hours and duty shifts shall be set by the Department Head as needed to properly and effectively carry out the functions and programs under their jurisdiction. When non standard work shifts or extended hours are traditional or a condition of employment, they shall prevail. Department Heads shall schedule emergency work hours as necessary to ensure essential services are performed. Employees shall be in attendance on time at their designated work stations and remain on duty until the close of work unless authorized to the contrary by their immediate supervisor. An employee unable to report for duty on a work day shall notify the immediate Supervisor of that fact not later than one hour after the beginning of work, unless departmental rules require an earlier reporting time. Failure to do so without good reasons may result in disciplinary action. Rest Periods. Each full time regular employee is eligible for a single fifteen (15) minute rest period in the morning (AM) and a like rest period in the afternoon (PM) at a time authorized by their immediate supervisor. Employees on evening or other non-standard shifts shall be eligible for two work breaks, one for each completed four hour work section, at appropriate times approved by their immediate supervisor. Rest periods not taken during a work day at the employees own option are not cumulative and may not be carried forward and taken at a subsequent time. All employees shall be bona fide residents and reside within the legal boundaries of Uinta County School District Number One. New employees residing outside the residency limits will be granted six months to comply with this requirement. Employees found to be in non-compliance with the residency requirements may be subject to immediate termination. Employees should be aware that certain positions are subject to departmental policies regarding response time and on-call responsibilities as part of their job requirements. Failure to comply with departmental response time and on-call policies may be subject to discipline and/or termination. Official Badge of Credentials. Employees assigned a badge or other official insignia or who bear in the course of their position credentials of authority or identification shall not permit these insignias or credentials to be used or worn by any other person. Official badges, credentials or insignia assigned as an adjunct of a position with the City shall not be used to solicit, or obtain special or preferential privileges. Section 1-4 INTRA-CITY JOB POSTING The City will promote from within when the Department Head, filling the vacant position, determines that the needs of the Department can be accomplished by an intra-city posting. The City will notify its employees of job openings that arise within the scope of this policy. Job placement decisions will be based upon job-related criteria that further the principle of equal employment opportunity. An employee may apply for any vacant City position through an intra-city job posting or external job posting for which they feel qualified. The selected employee must indicate acceptance or refusal via his/her immediate Supervisor within two working days after receiving the written offer. Once an employee accepts a position through job posting, his/her Department Head/Supervisor/Manager has a maximum of ten (10) work days to release the employee to report to the new position. Any exception must have the approval of the involved Department Heads. ---PAGE BREAK--- Article I / Page 6 Section 1-5 EMPLOYMENT PROCEDURE To insure that all required documents to place an employee on the payroll have been completed, an employment documents checklist should be completed for each new employee. The checklist and all appropriate documents should be forwarded to the Human Resources Administrator. All Employees: An authorized and budgeted position must exist. Completed application for employment. Completed Employee Master Record. Withholding Exemption Certificate (Form W-4) complete with number of exemptions. I-9, Immigration verification form. Physical examination report, as explained in section 1-3. Reference Check. Employee's request for group medical, dental and optical insurance coverage. Test results, where applicable. (10) College transcript, where applicable. (11) Personnel Action Form completed and signed. Section 1-6 EMPLOYMENT STATUS Regular Employee: an employee who shall work a minimum of forty (40) hours per week, or such other minimum hours as the Governing Body may from time to time designate and who has successfully completed an evaluation period and is eligible for privileges and benefits set forth herein. Part time Employee: an employee who has been hired to work less than forty (40) hours per week. Such employees receive only those employment benefits mandated by law, i.e., social security and worker's compensation. Temporary/Seasonal Employee: A full-time or part-time employee receiving hourly or salaried pay that is hired to work not more than one hundred twenty (120) calendar days, i.e., a position that is not of a continuing nature. Such employees receive only those employment benefits mandated by law, i.e., social security and worker's compensation. Extension(s) of temporary or seasonal employment over one hundred and twenty (120) calendar days must be approved by the Governing Body. Employees Under Evaluation: All new, rehired, transferred and promotional employees will serve an evaluation period of one hundred eighty (180) consecutive calendar days. The evaluation period shall provide a period of adjustment and training for the employee and for the evaluation of the performance of such employees. Employees under evaluation may be dismissed at any time, without cause, at the discretion of the Department Head. Promotional and transferred employees may be returned to their former classification, depending on availability of same, at the Department Head(s') discretion. (Note: portions moved to section 1-3 Volunteer workers: Are those who contribute their time to the performance of officially sanctioned City activities. Benefits for volunteer workers are determined by the City Council. ---PAGE BREAK--- Article II / Page 7 ARTICLE II PERSONNEL RECORDS and EVALUATION Section 2-1 PERSONNEL RECORDS All personnel records and files shall be collected and maintained by the Human Resources Division. The files shall contain all pertinent information related to the employee including but not limited to: Application for Employment, work history, training, education, compensation, awards, performance appraisals, letters of commendation or reprimand, Worker's Compensation Claims, Insurance and Deferred Compensation and Pension information, discipline and awards, promotion and transfer records, and other vital information. , Human Resources Division, and the Mayor of the City. Employees will be given reasonable opportunity in the presence of the Human Resources Administrator to examine their official and permanent file. The City will not disclose data in the personnel file about employees or former employees to anyone outside the City except as follows: The employee gives written permission To comply with legal requirements To comply with a court order, subpoena or government agency investigation To confirm employment dates, job classification and work location. Information obtained regarding the medical history or condition of an employee and DOT test results will be maintained in separate medical files in accordance with HIPPA regulations and will be treated as a confidential medical records, except that: The employee gives written permission. Department Heads and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; First aid and safety personnel may be informed when appropriate, if the disability might require emergency medical treatment; To comply with a court order, subpoena or government agency investigation. Section 2-2 PERFORMANCE REVIEWS AND EMPLOYEE DEVELOPMENT The purpose of this policy is to describe the City's philosophy of performance reviews and the reasons we conduct them. Provide a formal means of two-way communication between supervisor and employee. Provide a basis for employee development and performance improvement by: Capitalizing on (ii) Identify and strengthen weaknesses. Provide a record for each employee of performance and related discussions throughout his/her career. May be used as a tool to support merit increases. ---PAGE BREAK--- Article II / Page 8 Performance reviews satisfy the needs of employees and the City. Employees need to know how well they are performing their job in relation to what is expected of them. Employees need to know what their job performance means to their future and reconcile their expectation with opportunities available within the City. Performance reviews provide a way for the City to differentiate among employees. The City must know what salaries to pay, employee training needs and who is contributing to City goals. The City needs to know which employees are ready to assume additional responsibilities and who may benefit by a different job or transfer. One of the basic functions of management is to continually evaluate how well employees do their jobs. In addition to the day-to-day evaluations, employees' performance also needs to be reviewed over an extended period of a year. This permits documentation and for safeguards to be built into the evaluation process. This is best accomplished by a formal written performance review conducted annually. Formal reviews include completing a performance appraisal form, a review of the completed appraisal form by higher management, and a discussion of the appraisal with the employee. This discussion with the employee also includes the plan for development. Both the supervisor and employee sign the form as acknowledgment that the discussion took place. Schedule for Performance Reviews. Performance reviews will be conducted for employees using the approved forms according to the following schedule: April - All nonexempt employees (ii) October - All exempt employees Changes in Supervision. If a new supervisor is appointed within the three month period before a scheduled performance review, the out-going supervisor will complete the performance review forms and will discuss them with the employee and the new supervisor. Performance Reviews are Confidential. Discussions and interviews should always be conducted in a confidential manner. Completed appraisal forms should be kept in locked compartments and mailed or sent only in envelopes clearly marked "Confidential." ---PAGE BREAK--- Article III / Page 9 ARTICLE III BENEFITS Section 3-1 PAY PERIODS The pay period will be a consecutive two week period and the pay day will fall on the following Friday. Pay checks will be distributed prior to the close of business on each pay date. When the pay date falls on a holiday, pay checks will be distributed on the preceding workday. When employees terminate from the City, they shall be required to return all City property and clear all financial obligations to the City prior to receiving their final paycheck. The immediate supervisor is responsible for insuring that property is returned to the City before authorizing a final pay check. In the event they do not clear the above obligations, the amount of their financial obligations will be deducted from their final paycheck. Final paychecks shall be issued within five working days of the date of termination of employment, per State Statutes 27-4-104. Adjustments to pay resulting from a change in employee status, except terminations, will be effective with the beginning of the next pay period. Section 3-2 SERVICE AWARDS The City recognizes that success largely depends on the work and devotion of employees over an extended time period. Being a senior employee with the City indicates a mutual respect and confidence which are the essential factors of continued progress. As a symbol of esteem and appreciation for this loyal and faithful association, service awards have been specially designed for presentation to eligible employees. Employees rehired by the City will accumulate service years from their most recent hire date. The City encourages employees to take pride in this recognition of devoted service. A Certificate of Service will be issued along with a service award for each five years of service. Section 3-3 VACATIONS Regular employees are eligible for vacation after six months of employment. Temporary/Seasonal, and part time are not eligible for this benefit. Vacation credit is the number of work hours vacation earned as determined by the employee's longevity. The number of hours that an employee may accrue for vacation is calculated from the first day worked, and is credited to employees after six months continuous employment and thereafter according to the following schedule: 0 through 5 years 8 hours per month 6 through 10 years 10 hours per month 11 through 15 years 12 hours per month 16 through 20 years 14 hours per month 21 through 25 years 16 hours per month 26 through 30 years 18 hours per month 31 years and over 20 hours per month For any person having previously been employed by the City in a regular position and who is rehired to a regular position after not more than a five year break in service, the original date of employment will be used for determining the rate of vacation accrual under the above schedule. No credit shall be earned for any period of service not spent with the City in a regular position. Employees do not earn vacation credit during unpaid leave of absence, layoff, excused absence for an extended period of time or while receiving benefits under the Short Term Disability Plan. ---PAGE BREAK--- Article III / Page 10 Fractional prorated vacation credit will be rounded up to the nearest whole hour. Vacation may not be taken until credited. A payroll deduction will be made for time taken in excess of vacation credited. The maximum amount of vacation to be accrued shall not exceed three hundred and sixty (360) hours. In no case shall an employee be allowed to earn vacation leave beyond the maximum accrual limit. Vacations are scheduled in advance by immediate supervisors, taking into consideration seniority, employee's wishes and the efficient operation of the City. Vacation is normally taken in one continuous period, but may be divided with advance approval of the immediate supervisor. Any employee requesting vacation time in hourly increments may do so providing that advance notice has been given to their supervisor in writing so that such requests do not interfere with the department's needs. It will be at the discretion of the supervisor as to whether or not the request will be granted. Any holiday recognized by the City will not be counted as vacation time when it occurs within the vacation period. Payment in lieu of vacation is not permitted except for terminating employees with more than six months of continuous service. Vacation Suspension - Any leave may be suspended by the Mayor or a Department Head during an emergency. Section 3-4 HOLIDAYS The following have been designated as holidays for all regular employees and shall be granted with pay as defined in this section: New Year's Day January 1 President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas December 24&25/shift work December 25 and preceding or succeeding day For employees working the regular day shift, when one of the above holidays fall on a Sunday it will be observed on the following Monday. If the holiday falls on a Saturday, it will be observed on the preceding Friday. In cases where there is a discrepancy on designated holidays, the Mayor will determine the day(s) that will be observed. When a recognized City holiday falls on a regular employee's normal scheduled shift day off, the employee will receive eight hours holiday time. When a regular non-exempt employee works on a recognized City holiday, the employee will receive compensation at the rate of time and one-half for hours worked in addition to the eight hour holiday, with a minimum of one hour compensation. All holiday time earnings and uses will be tracked in the employee’s compensatory time account, and will be subject to the rules of that account as defined in Sec. 1-3 Overtime When a regular exempt employee works on a recognized City holiday the employee will receive credit in their administrative leave account for the actual hours worked in addition to the eight hour holiday. Holidays observed during a scheduled vacation period will not be counted as vacation time. ---PAGE BREAK--- Article III / Page 11 Holidays shall not be paid or accrued during unpaid leave of absences, layoff, military leave or while receiving benefits under the Short Term Disability Plan. Section 3-6 FAMILY AND MEDICAL LEAVE The City provides up to 12 weeks of job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for the City for at least twelve months, which may be non- consecutive, and at least 1,250 hours during the year preceding the start of the leave. An employee must use any available sick and vacation time during family and medical leave and will not be placed on unpaid leave until all time has been exhausted. Family and medical leave will be granted for any of the following reasons: To care for the employee's child after birth, or placement for adoption or foster care. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition. ---PAGE BREAK--- Article III / Page 12 For a serious health condition that makes the employee unable to perform the employee's job functions. Requirements: An employee ordinarily must provide 30 days advance notice when the leave is foreseeable. The City may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions at the expense of the City, and a fitness for duty report to return to work. The City will maintain the employee's health insurance during their leave and the employee must make arrangements on how their portion of the health premium will be paid. If an employee fails to return to work the City will recover the full cost of the health premium. The taking of leave may be denied if Family Medical Leave Act requirements are not met. In some cases husbands and wives who are both employed by the City will have to split their leave. The specifics of these circumstances can be obtained from the Human Resources Administrator. For the purpose of tracking the use of Family and Medical Leave used in a year, a year will be calculated from the anniversary date of the first day that Family and Medical Leave was taken. Section 3-7 EXCUSED ABSENCES FROM WORK Unless otherwise specified, all leave is granted subject to the approval of the immediate supervisor and Department Head. All leave must be requested, documented and approved by the Department Head. All regular full time employees are eligible for leave. New hires are not eligible for leave, but upon the attainment of regular status, all leave for their full period of service shall be credited to them retroactively to their date of hire. Temporary/seasonal and part-time employees are not eligible for leave. Disability Leave. Salary payments will be made under the eligibility rules of the disability benefit plan upon certification by a licensed medical practitioner. Bereavement Leave. When death occurs to an employee’s spouse, domestic partner, parent (in-law & step), child (step), grandparent, grandchild (step), brother (step & half), sister (step & half), or relative dependent on the employee, the employee will be excused for up to four days with full pay. If death occurs to an employee’s brother-in- law, sister-in-law, grandparent-in-law, aunt, uncle, niece, nephew or first cousin, the employee will be excused for one day with full pay. Bereavement Leave does not have to be used consecutively. Time necessary to attend local funerals for other employees, close friends and prominent citizens may be allowed at the Department Head's discretion. Longer absences may be taken as vacation or without pay, if prior approval is obtained from the Department Head. Military Leave. Military Training: Wyoming Statute 19-11-108(a) provides that any member of the Wyoming national guard or United States military forces reserve who is an officer or employee of this State or any political subdivision, municipal corporation or any public agency or entity of the State, 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, to attend duly authorized encampments, training cruises and similar training programs in addition to any other leave or vacation time to which the person is otherwise entitled. ---PAGE BREAK--- Article III / Page 13 (ii) Employees are required to notify their supervisors in writing immediately after receiving orders for military training. Military Leave of Absence: A military leave of absence is granted if an employee is inducted, or is recalled to active duty in the Armed Forces of the United States for a period of not more than four years (plus any involuntary extension for not more than one year), or as provided by Federal and State regulations. Such leave will protect the employee's service with the City. (ii) Employees are required to notify their supervisors in writing immediately after receiving orders for active duty. (iii) Upon satisfactory completion of employee's military service and timely notice of intent to return to work, the employee will be reinstated to a job comparable to the one left, provided the employee is qualified and City circumstances have not changed to the extent that it would be impossible or unreasonable to provide re-employment. The employee must notify the City of their intent to return to their previous job within ninety (90) days after being released from active duty. Reservists and National Guardsmen returning from initial active duty training must apply for reinstatement within thirty-one (31) days after being released from military duty. (iv) The City shall pay to a regular employee, who has been called to active military duty by the National Guard or other reserve military service, one hundred percent (100%) of the difference between the employee's gross salary paid by the City and the gross salary paid by the military, for a period of ninety (90) days from the date of activation. Jury Duty. An employee empaneled or called to jury duty by a court of competent jurisdiction shall be excused from work during the time of actual service (on call or sitting). The employee may choose to remit the jury duty pay to the City and be credited his regular City pay, or accept the jury duty pay in lieu of his city compensation during the period of jury service. Leave Without Pay. All leave without pay, when conditions permit, shall be approved in advance by the Department Head. Unpaid leave will not be granted until all other leave benefits have been exhausted. Voting Leave. Employees who wish to vote in an election shall be granted one hour of leave, to be determined by their immediate supervisor, during which they can cast their ballot. Civic Leave. Employees who act as volunteers engaged in City Wide public activities which are of benefit to the community at large are eligible for leave with pay not to exceed eight hours per year with the prior approval of the Department head. Administrative Leave. Those employees, whose positions are determined to be not eligible by the City Council for overtime pay, may be allowed paid time off during normal work days to attend to personal matters. Such employees may keep track of administrative leave time but they shall not be compensated for accumulated or credited administrative leave time upon terminator of their employment. Section 3-8 DISABILITY BENEFIT PLAN The purpose of this plan is to provide economic security for regular full time employees when they are unable to work because of an accident or illness. ON-THE-JOB INJURIES OR ILLNESSES: 1) A regular full time employee who is temporarily disabled as a result of on-the-job injuries subject to the rules of the Wyoming Worker's Compensation, shall receive pay when combined with Wyoming Worker's compensation, which will be equal to the take home pay prior to the injury for the period of the disability, subject to the following conditions: ---PAGE BREAK--- Article III / Page 14 Provided the disability resulted from an injury or illness sustained directly in the performance of the employee's work, as provided in the Wyoming Worker's Compensation Act. Employees injured in a job related activity, must immediately contact their supervisor. (ii) A physician shall determine the physical ability of the employee to continue working or to return to work. (iii) The salary assistance outlined in paragraph above shall be charged to the employee's sick leave at his normal hourly rate for the City's contribution and will be limited to sick leave accrued. (iv) While waiting for their Worker's Compensation payment, the employee may draw on their sick leave to the extent of their credit. The employee shall remit the Worker's Compensation payment to the City and be credited the appropriate amount of sick leave. At the time that the sick leave expires, the employee shall be entitled use available vacation and compensatory time. OFF-THE-JOB INJURIES OR ILLNESSES: A regular employee who is temporarily disabled as a result of non-job related injuries shall be eligible to receive sick leave. If incapacitated for regular assignment, the employee may be given other duties for the period of recuperation with the concurrence of the attending physician at the request of the employee. This may be done at the expiration of sick leave or to allow the employee the option to save unused remaining sick leave. All assignments require the approval of all Department Heads concerned. Short term disability insurance is made available by the City to provide short term proceeds to assist the employee for a period of up to 104 weeks after sick leave, accrued compensatory time and vacation leave expire. Short term disability insurance is not available to those employees receiving benefits from Wyoming Worker's compensation. To qualify for benefits, regular employees must: Be disabled or sick and unable to perform the usual and customary duties of their job; (ii) Obtain proper medical attention; (iii) Comply with the rules of administration for this plan. The City will maintain health insurance coverage while the employee is receiving this benefit. The employee's portion of the premium will be deducted from his/her benefit payments. The specifics of insurance coverage under this plan are available from the Human Resources Administrator. Section 3-9 OTHER BENEFITS Retirement Plan. The City provides employees a defined benefit pension plan through its participation with the State of Wyoming Retirement System. Eligibility. Eligible employees are required to join the Wyoming Retirement System at the time of employment. Employees are required to complete all necessary paperwork for participation in the program. Cost. The Wyoming Retirement System requires contributions on total salary by both the member and the City. Regular member contributions at this time are 5.57% of salary and employer contributions are 5.68% of salary. Law enforcement member contributions at this time are 8.60% of salary and employer contributions are 8.60% of salary. The City has elected to pay a part of the employees contribution by contribution 10% towards the total 11.2% for regular employees and 17.2% for law enforcement employees. ---PAGE BREAK--- Article III / Page 15 After contributing to the Wyoming Retirement System for forty-eight (48) months, members have a “vested” right to benefits at retirement age. Acceptable salary subject to contributions include administrative leave, vacation leave use, compensatory time use, sick leave used and regular salary or pay, etc., as defined by the Wyoming Retirement System. Contributions are not made on bonuses, disability benefits, early retirement incentive pay, medical insurance, severance pay, vacation leave unpaid, sick leave unpaid, compensatory time unpaid, worker’s compensation benefits, etc., as defined by the Wyoming Retirement System. Deferred Compensation. The City provides designated employees who do not participate in the Wyoming Retirement System with a deferred compensation plan which sets aside an additional ten (10) percent of employee earnings for their retirement years. Participants pay no Federal income taxes on their deferred income until the value of their deferred earnings is returned to them. Eligibility. Designated employees are eligible to enroll in one of the available deferred compensation programs at the time of employment. Contributions begin upon acceptance from the Deferred Compensation Carrier. Termination of Benefits. Deferred earnings are returned to the employee either upon retirement, termination of service or an unforeseeable emergency withdrawal. Emergency withdrawals are subject to the approval of the Hardship Review Committee and arrangements or additional information about this and specifics of the plan can be obtained from the Human Resources Division. Health/Major Medical, Dental and Optical Insurance. The City provides adequate health, major medical, dental and optical insurance for qualifying employees and their qualifying dependents. The basic principle behind the City's plan is to protect employee's income against catastrophic illness and spiraling medical costs. Eligibility. Newly hired eligible employees who enroll within 30 days of employment will be covered on the 1st of the month following their hire date. Cost. Employees who elect to participate in this benefit are required to contribute ten percent (10%)of the total premium for this benefit, which is deducted from their paycheck. Premiums and specifics of these plans are subject to change and details can be obtained through the Human Resources Division. Termination of Benefit. Health/Major Medical Dental and Optical Benefits will terminate the first day of the following month after the employee's date of termination, retirement, induction or call to active military duty. Conversions upon termination are made available pursuant to COBRA regulations. Life Insurance. The City provides free-of-charge basic term life insurance for each employee. Terms and conditions are governed by the master document. Eligibility. Newly hired eligible employees who enroll within 30 days of employment will be covered on the 1st of the month following their hire date. Termination of Benefits. The Life and Accidental Death and Dismemberment insurance policy expires the first day of the following month after the employee's date of termination or retirement. Retirement Health/Major Medical, Dental and Optical Insurance. The City provides a basic retirement insurance package for eligible employees who retire before the age of 65. The City also participates in the conversion and/or COBRA plan provided by its current health carrier. Eligibility: Employees must be at least fifty five (55) years of age and have no less than 20 years of continuous service with the City to qualify themselves and their dependents. (ii) The employee and their dependents must be enrolled in the City's group health insurance ---PAGE BREAK--- Article III / Page 16 plan. Cost: Eligible retirees who elect to participate are required to contribute eighty (80%) percent of the total premium for this benefit, which is to be paid directly to the City. Premiums and specifics of this plan are subject to change. Details can be obtained through the Human Resources Division. Termination of Benefit: Termination occurs when the retiree fails to make premium payments or when the retiree turns sixty five (65) years of age. Voluntary Participation Benefits. The City also allows employees to voluntarily participate in other group benefits by means of payroll deduction such as: Flexible spending accounts, Investment accounts, Parks & Recreation Corporate Fitness Passes, additional deferred compensation contributions, additional life insurance benefits, etc. Specific details can be obtained on these benefits from the Human Resources Division. ---PAGE BREAK--- Article IV / Page 17 ARTICLE IV CONDUCT Section 4-1 POLITICAL ACTIVITIES All employees have the inherent right as citizens to participate on their own time in the constitutional and political processes, provided that participation does not interfere in the fair and efficient discharge of their duties. Every employee has the obligation and right to freedom of speech and a duty to vote. If elected or appointed to the office of Mayor or City Council while employed by the City, the employee shall choose between the political office and City employment. For election to any other political office, an employee may seek a leave of absence without pay from his or her Department Head, who shall evaluate the request in light of the time engaged in such office and the employee's duties with the City. No City equipment, office space, or materials shall be used to support a campaign for any elected office. No employee shall use their official capacity or influence for the purpose of furthering, interfering or affecting an election or nomination for elected office. Further, no employee shall directly or indirectly coerce, command or advise any employee of the City to contribute, lend, or pay anything of value to a campaign for elected office. Campaign material of any kind shall not be worn on any City uniforms or displayed in or on any City owned or leased building, equipment, vehicles or premises. Section 4-2 CONFLICT OF INTEREST The City expects employees to avoid any situation which may involve a conflict between their personal interests and the interests of the City. Each employee has an obligation at all times to promote the City's best interests. For the protection of both the employee and the City, the employee should make prompt and full disclosure of any situation which may involve a conflict of interest as outlined in the following examples. A report shall be submitted through channels to the Department Head with a copy to the Human Resources Administrator. All information thus disclosed shall be treated on a confidential basis, except to the extent necessary for the protection of the City's interest. Examples of activity leading to conflict of interest: An employee or an immediate family member at the same residence who owns a substantial financial interest in an outside concern which does business with the City. Exceptions to this are permitted where the interest consists of securities of a publicly-owned corporation that are regularly traded on the open market. Another exception is a business acquired by inheritance, but the employee should notify the City in writing so that it can be established that this policy has not been violated. An employee or an immediate family member at the same residence who serves as a director, manager or consultant to an outside concern which does business with the City. Exceptions to this require prior approval by the Department Head. An employee or an immediate family member at the same residence who accepts gifts of substantial value from an outside concern which does, or is seeking to do business with the City. Gifts of substantial value also include favorable loans and excessive entertainment. Gifts of nominal value which are customary and proper under the circumstances are allowed, provided they do not violate good ethics and do not obligate the employee. Gifts of nominal value include calendars, entertainment, meals or social invitations. An employee represents the City in a transaction in which the employee or a close relative spouse, children, parents, brothers, sisters) has a substantial interest. An employee discloses or uses confidential City or inside information for the personal profit or advantage of the employee or anyone else. ---PAGE BREAK--- Article IV / Page 18 An employee competing with the City, directly or indirectly, in the purchase or sale of property, or property rights or interests. Failure to comply with these policies is grounds for discharge. Section 4-3 OUTSIDE EMPLOYMENT Should an employee engage in outside employment, such employment will not take precedence or interfere with the employee's assigned duties, work schedules, efficiency and job performance. The use of City facilities, equipment, license, material, etc., in the pursuit of outside employment is prohibited with the exception of contract services performed by the City and approved by the governing body. The City shall not be liable for any injury or liability incurred by the employee when he/she is engaged in work for a non City entity. Section 4-4 NO SOLICITATION - NO DISTRIBUTION City premises are for the purpose of conducting City business and City and community sponsored activities. Solicitation or distribution of any literature or merchandise during working hours on City premises will be at the discretion of the Department Head. Section 4-5 EMPLOYEE MISCELLANEOUS POLICIES Personal Loans or Salary Advances. The City does not make personal loans or salary advances to employees. Employees should be advised to refer their personal needs for funds to a reputable lending agency. Personal Purchases. Employees should make their own arrangements for personal purchases and are not permitted to charge these expenses to the City. Personal Toll Calls. Employees should charge toll telephone calls for personal business to their own number and are not permitted to charge these expenses to a City number. Section 4-6 NEWS RELEASES It is the goal of the City Administration to maintain open lines of communication with the media (newspapers, radio, and television) in order to further trust and understanding. Spokespersons for the City are the Department Heads for departmental activities or functions, and the Governing Body if the matter is clearly a policy issue. Department Heads may designate a public relations officer who will function under the following guidelines. Statements regarding personnel matters such as layoffs, dismissal or disciplinary actions, or the performance of individuals in either a positive or negative nature, should be issued by the Department Head, Governing Body or City Attorney as appropriate. Statements regarding the financial condition of the City should only be made by the Governing Body, City Treasurer, or designated representative. Statements regarding arrests, results of criminal or traffic investigations, or non-emergency police programs are to be issued only by the Chief of Police or his designated representative. Releases of information relating to a controversial incident should be made after consultation with the City Attorney and/or Mayor as appropriate. Statements relating to emergency or disaster operations should be issued through the Emergency Services Coordinator per the formal disaster preparedness plan. ---PAGE BREAK--- Article IV / Page 19 Section 4-7 SEXUAL HARASSMENT Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or a verbal or physical conduct of a sexual nature. Such conduct constitutes sexual harassment when: Submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment. Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual. Such conduct has the propose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. The City will not tolerate any form of sexual harassment. Should you feel you are being sexually harassed, please follow these guidelines to help remedy the problem. Sexual harassment by other employees should be reported your Department Head. Should the sexual harassment originate from your Department Head, you are to report to the Human Resources Administrator or the Mayor. Investigation Procedure: When the Department Head, Human Resources Administrator or the Mayor receive a complaint of sexual harassment, they shall designate a person to conduct an investigation (the “investigator”). The Investigator shall be a person who can conduct a timely and impartial investigation of the complaint and may be the Department Head, another City employee or a member of the public. At a minimum, the Investigator shall: Interview the complaining employee and obtain a written or recorded statement regarding the time, dates, places and circumstances surrounding the allegations of sexual harassment. Interview the alleged offender, and obtain a written or recorded statement regarding the time, dates, places and circumstances surrounding the allegations of sexual harassment. Interview and obtain statements from other witnesses or possible witnesses from both sides of the issue, if any. Prepare a written report of the investigation and submit it to the Department Head, Human Resources Administrator or the Mayor, who initiated the investigation. Action and Resolution: Based on the report, the Department Head or Mayor should determine whether the alleged conduct constitutes sexual harassment. In making the determination, the total record and the circumstances such as the nature of the sexual advances and the context in which the alleged sexual advances occurred shall be considered. A determination of a sexual harassment claim shall be made by the facts on a case-by-case basis. If it is determined that sexual harassment occurred, appropriate disciplinary action shall be commenced against the offending employee. Safeguards will be taken to protect the informant or victim. Any disciplinary action will follow the regular disciplinary procedure described in this Manual. If it is determined that sexual harassment did not occur, the complaining employee and the alleged offender shall be so notified in writing. The complaining employee may appeal the determination to the governing body through the grievance procedure. Confidentiality and Reporting: All investigations surrounding sexual harassment will be conducted to maintain confidentiality and to protect the privacy of parties involved. Breach of confidentiality by any of the involved parties may be reason for disciplinary action. ---PAGE BREAK--- Article IV / Page 20 Any employee who is aware of or suspects any occurrence of sexual harassment will be expected to report the matter through the most confidential and direct means possible and shall avoid any discussions of the matter with co-workers and persons not directly responsible for investigating the matter. Section 4-8 SAFETY It is the responsibility of each employee to observe safety procedures at all time. It shall be the responsibility of supervisory personnel to train employees in safety procedures. Any employee who has a question concerning safety practices should inquire of their supervisor. Violation of the adopted safety rules and regulations may result in disciplinary action. Employees are encouraged to report safety violations or concerns to their supervisor. Section 4-9 COMPUTERS, ELECTRONIC MAIL, TELEPHONES, VOICE MAIL AND FAX MACHINES The City of Evanston’s computers, electronic mail, telephones, voice mail and fax machines, (hereafter sometimes referred to as “communication systems”), are to be used to conduct the City business and all computer information, voice mail, electronic mail messages and fax messages receive or transmitted by the communication systems may be public records as defined by Wyoming Statute. Personal use of the City’s communication systems is discouraged and should be minimized. Employees should have no expectation of personal privacy with respect to information received, transmitted, placed or stored on the communication systems. The City’s communication systems are not to be used to create any offensive, discriminatory, defamatory, disparaging or threatening messages to any employee or any other person or entity. Among those which are considered offensive, are any messages which contain sexual implications, racial slurs, gender-specific comments, or any other comments that offensively address someone’s age, sexual orientation, religious or political beliefs, national origin, or disability. The use of the City communication systems for outside business ventures, to leak confidential or privileged information, or for personal, political or religious causes is prohibited. Excessive or inappropriate use of the communications systems for personal use is also prohibited. Although the City may provide certain codes to restrict access to computers, voice mail and electronic mail to protect these systems against external parties or entities obtaining unauthorized access, employees should understand that these systems are intended for business use, and all computer information, voice mail and electronic mail messages are to be considered to be public records. The City also needs to be able to respond to proper request resulting from legal proceedings that call for electronically-stored records. Therefore, the City must, and does, maintain the right and the ability to enter into any of these systems and to inspect and review any and all data recorded in those systems. Because the City reserves the right to obtain access to all voice mail, electronic mail messages and Fax messages left in or transmitted over these systems, employees should not assume that such messages are private and confidential or that the City or its designated representatives will not have a need to access and review this information. Employees should have no expectation that any information stored on their computer whether the information is contained on a computer hard drive, computer disks or in any other manner will be private. The City has the right to, but does not regularly monitor voice mail, electronic mail messages and Fax messages. The City will, however, inspect the contents of computers, voice mail, electronic mail and Fax messages in the course of an investigation triggered by indications of unacceptable behavior or as necessary to locate needed information that is not more readily available by some other less intrusive means. Notwithstanding, the City of Evanston’s right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Any employee who violates this policy or uses the communication systems for improper purposes may be subject to discipline and/or termination. Section 4-10 DRUG-FREE WORKPLACE POLICY The City of Evanston is committed to protecting the safety, health and well being of all employees and other ---PAGE BREAK--- Article IV / Page 21 individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. Covered Workers: Any individual who conducts business for the City, is applying for a position or is conducting business on the City’s property is covered by our drug-free workplace policy. Our policy includes, but is not limited to full time and part time and applicants. Applicability: Our drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for the City. Therefore, this policy applies during all working hours. Prohibited Behavior: It is a violation of our drug-free workplace policy to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs or intoxicants. Notification of Convictions: Any employee who is convicted of a criminal drug violation in the workplace must notify the City in writing within five calendar days of the conviction. The City will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. Searches: Entering the City’s property constitutes consent to searches and inspections. If an individual is suspected of violating the drug-free workplace policy, he or she may be asked to submit to a search or inspection at any time. Searches can be conducted of all City property including lockers, desks, workstations, vehicles and equipment. Consequences: One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy the consequences are serious. In the case of applicants, if he or she violates the drug-free workplace policy, the offer of employment can be withdrawn. The applicant may not reapply. If the employee violates the policy, he or she will be subject to progressive disciplinary action and may be required to enter rehabilitation. An employee required to enter rehabilitation who fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems. Commercial Drivers License (CDL) Alcohol and Drug Policy and Testing. (Omnibus Transportation Employee Testing Act of 1991) The following circumstances shall require Drug and Alcohol Testing: Pre-employment. Pre-employment Drug Testing shall be conducted before applicants are hired or after an offer to employ, but before actually performing safety-sensitive functions for the first time. Testing is also required when employees transfer to a safety sensitive (driver) position. Pre- employment alcohol testing shall be required when or if the Federal Government requires it. Post Accident. Post accident testing shall be conducted after accident on drivers whose performance could have contributed to the accident (as determined by a citation for a moving traffic violation) and all fatal accidents even if the driver is not cited for a moving traffic violation. Reasonable Suspicion. Reasonable Suspicion testing shall be conducted when a trained supervisor has reasonable suspicions, based upon specific, contemporaneous, articulate observations concerning the appearance, behavior, speech or body odors, that the employee has: Unlawfully used illicit drugs and/or abused controlled substances; or reported to work under the influence of or has illicitly ingested controlled substances or alcohol during work hours. Random. Random testing shall be conducted on a random, unannounced basis just before, during or just after performance of a safety sensitive function. Fifty percent of employees in safety sensitive ---PAGE BREAK--- Article IV / Page 22 (driver) positions must be tested for controlled substances and twenty-five percent of employees in safety sensitive (driver) positions must be tested on an annual basis. Return to Duty and Follow-Up. Return to duty and follow-up testing shall be conducted when an individual who has violated the prohibited alcohol or drug conduct standards returns to performing safety sensitive (driver) duties. Follow-up tests are unannounced and at least 6 tests must be conducted in the first 12 months after a driver returns to duty. ---PAGE BREAK--- Article V / Page 23 ARTICLE V REIMBURSEMENT & EQUIPMENT Section 5-1 EMPLOYEE EDUCATION, JOB TRAINING AND CERTIFICATION The City encourages employees to continue their education and training as provided in this policy. Job Training. Job training provides employees with specific job information, demonstrates or teaches required skills and indicates the quality of work expected. Job training is usually done on City time and expense. Department Heads have responsibility for job training programs for employees under their supervision Educational Assistance. An employee must make a written request and have prior written approval to be eligible for reimbursement of voluntary job related educational courses. Regular employees who have one year longevity are eligible for reimbursement of 80% of the books, tuition and required fees upon satisfactory completion of educational courses. Courses should be job-related and may be taken in approved high schools, universities, business and trade schools. Supplies, transportation or other expenses do not qualify for reimbursement. Satisfying the skill requirements for another job does not assure reclassification, promotion or an increase in pay. Neither are employees who receive a degree assured reclassification, promotion or an increase in pay. Attendance for educational courses will be on the employee's own time and does not qualify for an excused absence. Should a required course be scheduled during working hours only, employees may arrange with their supervisor for time off to attend the course and make up the lost time during the same week. These administrative guidelines apply: Employees must complete the educational reimbursement form and obtain Department Head and Mayor approval prior to actual course enrollment. Courses must be satisfactorily completed while the employee is on the payroll. The City will reimburse 80% of books, tuition and required fees. If other financial sources are available the City will pay the unpaid balance not to exceed 80% of the total. Employees must earn the equivalent of a C grade and provide documentation of grade and expenses. Reimbursement for educational expenses may require tax withholding as required by the IRS. Short-Term Course. Employees sometime participate in short-term courses sponsored by universities, professional societies, and similar organizations. When a Department Head or Mayor allows employees to attend these courses, the following directives apply: The City pays the full tuition fee. The employee is reimbursed for travel, lodging, meals and other costs according to the policy for Reimbursement of Expenses in section 5-2. The employee receives regular base salary while attending these courses. Overtime for course travel is regulated by the Fair Labor Standards Act. Certification. If an employee whose position requires certification or licensing by a professional, technical or governmental authority, loses such current license or certification or fails to receive their initial license or certification at City expense, shall have a ninety (90) day period, or until such time as the next certification or license exam is offered, to receive such certification or license at their own expense. Failure to obtain required certification or license as outlined in this paragraph shall be cause for immediate termination or reclassification. ---PAGE BREAK--- Article V / Page 24 Section 5-2 REIMBURSEMENT OF EXPENSES Passenger Car Transportation and Mileage Expense. Commercial transportation is generally the most efficient mode of travel and employees traveling on City business will use this method when feasible. When it is necessary for an employee to use a personal automobile to travel on City business, mileage will be reimbursed at the rate per mile allowed by the IRS for business use. Mileage is measured from the employee's regular place of work or point of departure, to their destination point, including the required distance of travel for business at that location and then back to the original point of departure. Lodging, Transportation and Living Expenses. Employees traveling on City business will be reimbursed for actual hotel room, transportation fare and meal expenses within reasonable limits. Meal and tip expenses should not exceed forty (40) dollars per day. The charges must be approved by the Department Head. Other Reimbursable Expenses. Reasonable parking charges when using a car on City business or when leaving a car at an airport during short business trips. Telephone, telecommunications and reasonable personal charges incurred in the conduct of City business. Ferry, bridge and road toll charges incurred on City business. Items not Reimbursable include, but are not limited to: Alcohol purchases. Spouse or family expenses. Personal entertainment or other non business incurred personal charges. Hotel amenities and services such as mini/snack bar, pay per view television, etc.. Combined Personal and Business Trip. A combined business and personal trip (such as vacation) must be approved in advance by the Department Head. Section 5-3 EMPLOYEE UNIFORMS, SAFETY AND SAFETY EQUIPMENT It is City policy for employees to be neat and readily identifiable as City employees. The Head of each Department shall adopt and enforce usual and customary safety standards and shall periodically conduct inspections to determine hazardous or unsafe working conditions. Non-office type work areas shall be governed by prevailing occupational and safety and health regulations with which all employees shall comply. The City will provide uniforms and safety equipment for those employees designated by the Department Heads. All uniforms are City property and must be returned by employees terminating City employment. Uniforms are to be worn on City business only, or as authorized by the Department Head. Department Heads will authorize the purchase of replacement uniforms as necessary. Employees are required to wear certain protective apparel and equipment when working in hazardous areas. The City will furnish protective clothing or equipment that is required to be worn in hazardous areas. Safety footwear should provide protection for the feet and minimize the possibility of slipping and falling. Footwear should be maintained in good repair at all times. Worn out or improper footwear does not provide the desired ---PAGE BREAK--- Article V / Page 25 protection and is discouraged. Safety footwear will be required for those occupations required by OSHA and other jobs where those duties require safety footwear as determined by the Department Head. Employees will be reimbursed at a rate determined by the Governing Body, per pair of safety footwear. Reimbursement is authorized at time of employment and afterwards for one additional purchase each calendar year. Occasionally, safety footwear will be damaged or special working conditions may cause safety footwear to be destroyed or worn out prematurely. In these cases, the safety footwear may be returned to the Department Head for disposal and an additional reimbursement authorized. Section 5-4 CITY VEHICLES City vehicles may be provided for employees who require transportation for business purposes when public transportation is inefficient or not available. All City employees who operate any city vehicle will have the proper class of Wyoming Drivers License for the vehicle and use. The following guidelines apply in the use of City vehicles. Only City employees or authorized representatives are permitted to drive City Vehicles. Employees operating City vehicles are responsible for the custody, security, use, maintenance and appearance of the vehicles in keeping with City standards. Any City employee who abuses or negligently uses City owned motor vehicles or motorized equipment or who violates any applicable traffic laws shall be subject to disciplinary action. In any situation involving property damage to City owned vehicles or equipment and/or involving private property, the Department Head shall conduct an inquiry into the circumstances involving such damage and prepare a written report that shall include a statement of the facts and conclusions as to fault. The Department Head should advise the Mayor as to the appropriate action to be taken. No City employee shall use any City owned vehicle or motorized equipment for personal gain or benefit. In the event of an emergency or of such other special circumstances, the Department Head may grant permission to an employee to take a vehicle to his or her residence on an twenty four hour basis. City vehicles will be reassigned when it is necessary to make efficient use of available vehicles. Picking up hitchhikers in a City vehicle is forbidden except for emergencies which may arise. When using rental cars, reasonable and prudent purchase of insurance is authorized. ---PAGE BREAK--- Article VI / Page 26 ARTICLE VI EMPLOYEE INPUT Section 6-1 CITY EMPLOYEES' COMMITTEE A minimum of three regularly scheduled meetings will be held each year. Their purpose is to promote a free interchange of information and opinion between management and employees. Their objective is to assure that employees have accurate answers to questions, prompt solutions to problems and satisfaction in case of complaints. An outline of the different functions is given in Section g of this policy. Committee Selection The committee shall be composed of one non-exempt representative elected from each division. The divisions to be represented will be determined by the Department Head. Representatives of management will be the Governing Body and Department Heads. The nonexempt (hourly) employees in each division will elect one representative and one alternate once each year in a democratic manner. Each person elected must receive a majority of the total votes. Representatives will be elected for one year terms. Preparation for the City Meeting Each elected representative will conduct a meeting in his/her division during the week preceding the City meeting. Employees are encouraged to discuss their problems, complaints, or questions with their representative before the City meeting to be sure the representative understands the subject fully and can present it fairly. The representative will consolidate problems and questions of a similar nature. An employee other than the elected representative, may request permission from his/her Department Head to present a problem, question or complaint at the City meeting in person. Many complaints, questions, or problems can be resolved locally by a frank discussion between the Supervisor and/or Department Head and the elected representative. This shall be a required step in this procedure for complaints, questions, and problems to be resolved in this manner. Complaints, questions, and problems satisfactorily resolved by the Supervisor are not presented at the City meeting. However, referral may be made directly to the City meeting if specifically requested by any employee. Prior to the meeting, written questions and comments should be submitted to the Mayor. This communications procedure will work only if employees are free to express themselves. Department Heads will take steps to see that employees can freely communicate any complaints, questions, and problems without fear of recrimination. City Meetings City committee meetings will be scheduled by the Mayor, and should be held within the first three weeks of January, April and September. This schedule should be posted on each division's bulletin board two weeks prior to each meeting. Management will make every effort to assure that each elected representative can attend the employees' committee meetings. Each division must be represented at the meeting even though they may not have a complaint or problem to discuss. As the representatives assemble and immediately before the regular committee meeting, a preliminary meeting will be held to provide an opportunity to discuss problems and questions raised in other divisions. Related problems and questions will be consolidated for presentation at the regular meeting which follows. Management will not attend the preliminary meeting. The representatives should elect a chairperson for each meeting to assure the efficient and orderly conduct of business. ---PAGE BREAK--- Article VI / Page 27 The Mayor will serve as chairperson at the regular meeting. Management will make every effort to provide answers and work out solutions at the meeting. Items requiring additional information or study may be referred for answers. Minutes of the Committee Meeting The Mayor is responsible for the minutes and may appoint a secretary to take notes of each meeting. The text of the minutes will reflect not only the facts but also the intent and nature of the problems, questions and complaints presented and of the replies made. Copies of the minutes and supplements are to be prepared and delivered to each representative, supervisor, Department Head and the Governing Body. Minutes of each meeting shall be posted on each divisions bulletin board. Functions of Managers and Representatives Mayor Schedules meetings (ii) Provides for minutes of the committee meeting to be recorded. (iii) Serves as chairperson for the City committee meeting. (iv) Investigates answers for referred questions. Distributes minutes of committee meeting. Department Heads Provides an opportunity for employees to vote during the division elections. (ii) Assures the election of a representative and alternate. (iii) Encourages employees to present complaints without fear of recrimination. Supervisors Discusses complaints with the representative prior to the City meeting. (ii) Arranges for the elected representative to attend the City meeting. (iii) Assists the employee representative as required. Employee Representative Conducts division meeting by inviting and discussing complaints for presentation at the City meeting. (ii) Understands and accurately presents employee complaints. (iii) Discusses complaints presented at the Division meeting with the Supervisor prior to the City meeting. (iv) Participates in the preliminary meeting prior to the City meeting. Participates in the City meeting. ---PAGE BREAK--- Article VII / Page 28 (vi) Discusses the results of the City meeting with the employees in his/her division after the City meeting. Section 6-2 EMPLOYEE GRIEVANCES It is the desire of the City to resolve the causes of complaints informally where possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. Any employee aggrieved by a condition of employment, action of a supervisor or fellow employee, or any work related activity which the employee deems unfair, unhealthy, inappropriate, discriminatory or personally detrimental may petition that the grievance or complaint be reviewed. No employee shall be disciplined or discriminated against in any way because of proper use of the grievance and appeal procedure. Grievance and Appeal Procedure Immediate Supervisor. Employees may present a verbal complaint to the supervisor. The supervisor will discuss it with the employee, giving the matter serious consideration, and attempt to reach a settlement that is fair to the employee, other employees, and the City. Employees should be advised that assistance will be provided by the Human Resources Administrator if they request it. The supervisor will provide a verbal answer to the employee within one week. Department Head. If the employee is not satisfied with the decision from the supervisor, a written appeal may be directed to the Department Head within ten (10) working days after the decision of the supervisor. The Department Head will provide a written answer to the employee within one week. Governing Body. If the employee is not satisfied with the decision from the Department Head, a written appeal may be directed to the Governing Body within ten (10) working days after the decision of the Department Head. The employee shall be entitled to appear in person, and to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered. The employee's personnel file will be made available to the Governing Body. Additionally, the supervisor, Department Head, and any other interested party shall have the right to be heard. The decision of the Governing Body shall be final. ---PAGE BREAK--- Article VII / Page 29 ARTICLE VII DISCIPLINE & TERMINATION Section 7-1 DISCIPLINE Disciplinary Process Employees shall conform to all City policies as a condition of employment. Failure to abide by these rules may be cause for disciplinary action. Department Heads, Managers and Supervisors have the duty to consistently and equitably enforce these rules and to counsel, reprimand, discipline or take other appropriate action in the application of these rules. The basic purpose of a disciplinary action is to correct or rectify misconduct or prevent improper behavior on the part of an employee to promote better job efficiency and performance. Any disciplinary action shall take into consideration the nature of incident or conduct, the reasons for the incident, the severity of the incident, the employee's past record, attitude and performance, and any extenuating circumstances. Grounds for disciplinary actions shall include but not be limited to the following: Excessive and unjustifiable absenteeism or tardiness. (ii) Discourteous or abusive treatment of the public or co-workers. (iii) The unlawful consumption or possession of controlled substances whether on-duty or off-duty. (iv) The consumption of alcohol or medication while on-duty or off-duty if the consumption affects the employee's ability to perform the job functions. Improper use of the employee's position for personal or financial gain. (vi) Theft, destruction, improper or careless use of City owned or leased property and equipment. (vii) The unauthorized release or use of confidential information. (viii) Insubordination or failure to comply with a reasonable and proper assignment or directive from a supervisor. (ix) Inefficient or improper performance of duties and responsibilities. Violation of safety or security practices. (xi) Abuse or misuse of City furnished benefits. (xii) Sexual or racial harassment. (xiii) Purposeful falsification of City records. (xiv) Conviction for a felonious act while an employee of the City. (xv) Endangering the health and safety of the public or co-workers. (xvi) Acceptance of a bribe or an unauthorized gift. (xvii) Participating in a physical altercation while on duty. (xviii) Failure to report an accident. ---PAGE BREAK--- Article VII / Page 30 (xix) Engaging in a political conduct contrary to these rules. (xx) Willful violation of Federal or State law, or City ordinance. (xxi) Using threatening or attempting to use personal or political influence to secure a special consideration as a City employee. (xxii) Indulgence in offensive conduct or using abusive language toward the public or co-workers. (xxiii) Any other act or failure to act which is sufficient to show the employee is unsuitable or unfit to continue in the employ of the City. Correctional or Disciplinary Action. The following actions may be invoked for good cause as specified: Verbal Warning. The immediate supervisor determines that a verbal warning is appropriate to the offense and orally communicates to the employee the warning and corrective action expected. Written Reprimand. The immediate supervisor determines that the severity or other circumstances of the offense warrants a written reprimand and communicates to the employee in writing the reasons for the reprimand and corrective action expected. The reprimand will be approved by the Department Head. The employee will sign the reprimand stating that he/she received a copy of the reprimand and that he/she understands why they received the reprimand and the corrective action to be taken to prevent a future occurrence. The employee will receive a copy of the reprimand and the signed original will be forwarded to the Human Resources Administrator for inclusion in the personnel file of the employee. Suspension. The immediate supervisor, with the concurrence of the Department Head, determines that a suspension without pay is an appropriate and reasonable response to the offense, shall suspend the employee up to but not exceeding two pay periods. If it is determined by the Department Head that the offense is sufficient to warrant a longer period of suspension, the employee may be suspended without pay up to but not exceeding four pay periods. (ii) The Department Head shall advise the employee of the suspension in writing and detail the cause for this action. A copy of the suspension will be forwarded to the Human Resources Administrator for inclusion in the employees personnel file. Demotion. If it is determined by the Department Head that the offense is sufficient to warrant a demotion, the Department Head will advise the employee in writing of the cause for action. A copy of the demotion notice shall be transmitted to the Human Resources Administrator for inclusion in the employee's personnel file. The demotion shall be to a grade and step recommended by the Department Head, and will take effect immediately. Dismissal. A Department Head, upon his own or at the recommendation of a divisional manager or immediate supervisor, may dismiss for cause from City employment any employee within the Department Head's jurisdiction. The Notice shall be given pursuant to Section 7-3 of this Policy. A copy of the dismissal notice shall be transmitted to the Human Resources Administrator for inclusion in the employee's personnel file. Hearings concerning dismissals shall be conducted pursuant to the Personnel Management Ordinance. Section 7-2 LAYOFF In the event it shall become necessary, in the sole discretion of the Governing Body, to lay off City ---PAGE BREAK--- Article VII / Page 31 employees or eliminate job positions due to lack of funds, lack of work, reorganization, or for any other reason, the Mayor shall render the final decision as to the layoffs or positions to be eliminated. When a reduction in force is ordered by the Governing Body, the Department Head shall prepare a layoff plan based on the following matters to determine which position(s) will be eliminated or which employees will be laid off: The employee's job responsibilities in relation to the continued efficient operations of the City. The employee's skill level. The efficiency of the employee. The employee's length of service. The City will give an employee being laid off or whose position is being eliminated a minimum of fourteen (14) days advance notice as to the date of separation. The City has the option of paying the regular employee's base salary for the notice period in lieu of giving notice. A layoff or elimination of a position or transfer to an existing and vacant position is not considered to be a termination or disciplinary matter and, therefore, is not subject to appeal or hearing under the City's appeal and disciplinary procedures. Section 7-3 TERMINATION OF EMPLOYMENT Employment is terminated by resignation, retirement, depletion of disability benefits, discharge for cause or death. Employees may be removed from the active payroll by layoff or leave of absence. Involuntary Discharge. If the City initiates the termination, the employee will be given written notice of termination, containing the reasons for the termination, an explanation of evidence supporting the action and further that the affected employee shall have ten (10) working days to appeal. Sections 7-1 and 7-2 have more specific information on terminations initiated by the City. Effective Termination Date. The effective termination date is the employee's last day worked. Vacation that has been earned but not taken will be paid in the employee's final paycheck and cannot be used to extend the effective termination date. Earned but not taken days off will be paid in the final paycheck and cannot extend the effective termination date. If termination occurs during days off, the effective termination date is the last day worked or "on call" and available for work. Days off are earned when an employee completes a normal work cycle. If termination occurs before a normal work cycle is completed, days off will not be prorated because they are not earned until the normal work cycle is completed. Voluntary Resignation/Retirement is a termination initiated by the employee who generally notifies the supervisor by letter two weeks in advance. The resigning employee may work through the notice period or request that a portion or all of the notice be waived. Approval of such requests will be contingent on City needs, at the discretion of the Department Heads. Employees may sometimes voluntarily resign by simply not reporting or being available for work. The supervisor should request a letter of resignation or a written statement from the employee while avoiding any reference to discharge. Employees who fail to report or be available for work are not eligible for pay in lieu of notice. Retiring employees may work through the notice period or request that a portion or all of the notice period be waived. Approval of such requests will be contingent on City needs. Depletion of Disability Benefits. This termination occurs when the employee's benefits in the short term disability benefit plan are depleted and the employee is unable to return to work due to illness or injury. Section 7-4 DEATH OF AN EMPLOYEE ---PAGE BREAK--- Article VII / Page 32 The purpose of this policy is to provide the supervisor with guidelines for collecting the information required for benefits and payroll processing and for providing assistance to the family in the event of an employee's death. The following information outlines the basic considerations for processing a deceased employee's final pay and benefits. Final Paycheck Computation Requirements. Notice of Termination Form should be forwarded to the Human Resources Administrator. The paycheck will be payable to the personal representative or distributee(s) of the employee's estate. In order to correctly compute the paycheck, the information listed below should be included. Date of death. Regular base pay will be paid through the pay period in which a regular employee dies. Listing of all time off since last time report and unused vacation. In the event a regular paycheck is being held for the deceased employee, it should be returned with the notice of termination to be included in the final pay calculation. ---PAGE BREAK--- Page 33 APPENDIX A- FAIR LABOR STANDARD EXEMPTIONS The following positions are exempt from overtime under the provisions of the Fair Labor Standards Act: City Treasurer City Clerk Purchasing and Facilities Manager Community Relations Coordinator City Judge Chief of Police Police Captain Police Lieutenant Youth Services Coordinator/Drug Court Director of Planning and Development Associate Planner City Engineer/Director of Public Works Operations Superintendent - Public Works Public Works Superintendent Public Works Supervisor Water & Sewer Maintenance Supervisor Water Treatment Supervisor Wastewater Treatment Supervisor ---PAGE BREAK--- Page 34 APPENDIX B - POLICY EXEMPTIONS The following positions are exempt from the rules and regulations of this policy: A. Elected Officials B. Members of a policy, advisory, review, and appeal boards, or similar bodies who do not perform administrative duties as individuals. C. Officials serving ex-officio and performing incidental administrative duties. D. Attorney serving as legal counsel. E. Time limited positions established for the purpose of conducting a special study or investigation. F. Judge. G. City Prosecutor H. Police Chief I. Public Works Director/City Engineer J. City Treasurer K Director of Planning & Development. L. City Clerk ---PAGE BREAK--- Page 35