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Home My WebLink About01-07-2013-PacketPage 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, January 7, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane with C3 Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-001) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the December 17, 2012 Regular Council Minutes. (Agenda Item No. 13-002) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending November, 2012. (Agenda Item No. 13-003) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 7, 2013 Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of the Acquisition of 3757.91 SF of Permanent Construction and Maintenance Easement and 2420.29 SF of Temporary Construction Easement at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Combined Purchase Price of $10,000. (Agenda Item No. 13-004) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of 7,314.85 SF of Permanent Construction and Maintenance Easement at 14013 Triple Crown Drive from Otis H. & Grace M. Melton for a Total Combined Purchase Price of $20,832. (Agenda Item No. 13-005) (Carter Lucas, Public Works Director) 5. Approval of the Acquisition of 530+ Lineal Feet of Fencing Located at 120, 130, and 135 Providence Oaks Pointe from Providence at Atlanta National Community Association, Inc. for a Total Purchase Price of $10,500. (Agenda Item No. 13-006 (Carter Lucas, Public Works Director) 6. Approval of the Acquisition of 754.81 SF of Temporary Construction Easement at Birmingham Highway from B. Anne & Royal D. Peterson for a Total Combined Purchase Price of $2,985. (Agenda Item No. 13-007) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. Presentation of ARC’s Green Community Award to the City of Milton. (Cindy Eade, Sustainability Coordinator & Michele McIntosh-Ross, Principal Planner) 7) FIRST PRESENTATION 1. Consideration of RZ12-16/VC12-06 - 12855 Hopewell Road, Beazer Homes, to rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to develop 29 single family homes at a density of 4.18 units per acre. A 2 part concurrent variance, 1) Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec 64-921(i)). 2) To allow sidewalks along only one side of the street on the interior of the development (Sec 64-2393). (Agenda Item No. 13-008) (Kathleen Field, Community Development Director) 8) PUBLIC HEARINGS (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 7, 2013 Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution to Amend the Personnel Policy of the City of Milton. (Agenda Item No. 13-009) (Sam Trager, Director of Human Resources) 2. Consideration of a Resolution to Adopt a City of Milton Logo. (Agenda Item No. 13-010) (Jason Wright, Communications Manager) 3. Consideration of a Resolution Electing Absent Municipality Status Regarding All Future LOST Proceedings Related to and Triggered by the 2010 Census. (Agenda Item No. 12-328) (Deferred at December 3, 2012 Regular Council Meeting) (Deferred at December 17, 2012 Regular Council Meeting) (Chris Lagerbloom, City Manager) 4. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 4) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-011) (Carter Lucas, Public Works Director) 5. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 6) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-012) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-013) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: January 7, 2012 City Council Meeting Agenda Item: Financial Statements for Period 2 – November 2012 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are right on target for what is anticipated for the second period of the fiscal year. Please remember that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to‐date are $2,561,192 and are 2.9% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $12,708,731, capital expenditures‐to‐date total $1,486,915. 1 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2012 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,048,100 - - - - - - Motor Vehicle Tax 550,000 60,567 45,833 14,734 60,567 45,833 14,734 Intangible Tax 200,000 24,906 16,667 8,239 24,906 16,667 8,239 Real Estate Transfer Tax 40,000 4,442 3,333 1,108 4,442 3,333 1,108 Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax 4,000,000 332,090 333,333 (1,243) 332,090 333,333 (1,243) Alcohol Beverage Excise Tax 280,000 25,017 23,333 1,684 25,017 23,333 1,684 Business & Occupation Tax 585,000 400 - 400 1,266 - 1,266 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 30,000 - - - - - - Penalties & Interest 36,200 7,602 3,017 4,586 8,746 3,142 5,604 Alcohol Beverage Licenses 134,000 111,415 120,600 (9,185) 114,415 120,600 (6,185) Other Non-Business Permits/Licenses 9,400 1,510 700 810 1,986 1,472 514 Zoning & Land Disturbance Permits 27,500 6,682 2,292 4,390 7,292 4,583 2,708 Building Permits 240,000 35,402 20,000 15,402 68,124 40,000 28,124 Other Charges for Service 412,470 30,106 33,736 (3,630) 53,148 64,187 (11,039) Municipal Court Fines 461,000 16,741 38,417 (21,675) 33,482 76,833 (43,351) Interest Earnings 15,000 1,812 - 1,812 3,417 2,500 917 Contributions & Donations - - - - 3,317 - 3,317 Other Revenue 25,440 400 625 (225) 862 4,240 (3,378) Other Financing Sources 44,000 3,309 800 2,509 4,134 7,333 (3,200) Total Revenues 18,338,110 662,401 642,686 19,715 747,210 747,390 (180) Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 188,877 14,868.88 16,156 (1,287) 21,189 23,801 (2,612) Clerk of the Council 244,172 23,508.22 23,020 488 36,939 37,118 (179) City Manager 306,572 28,900.84 30,763 (1,862) 49,379 53,540 (4,161) General Administration 39,664 3,239.30 9,204 (5,964) 11,532 11,907 (376) Finance 487,331 54,598.36 51,831 2,768 81,918 78,726 3,192 Legal 230,000 - - - - - - Information Technology 611,976 65,143.44 68,655 (3,511) 124,022 129,389 (5,367) Human Resources 258,354 24,680.86 24,774 (93) 39,425 38,391 1,033 Ri k M t 195 015 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 195,015 - - - - - - General Government Buildings 352,402 8,393.21 8,200 193 8,393 8,200 193 Public Information & Marketing 148,224 8,501.24 12,369 (3,868) 15,972 21,264 (5,292) Municipal Court 237,712 20,971.45 24,357 (3,386) 32,716 38,144 (5,427) Police 3,012,510 276,300.49 281,734 (5,434) 410,192 443,586 (33,394) Fire 4,574,364 430,646.77 411,741 18,906 803,688 813,125 (9,437) EMS Operations 132,250 11,020.83 11,021 (0) 22,042 22,042 (0) Public Works 1,643,698 93,086.16 91,885 1,201 152,481 155,933 (3,452) Parks & Recreation 581,826 19,298.70 24,904 (5,606) 33,920 40,984 (7,064) Community Development 906,467 87,197.64 90,340 (3,143) 137,044 142,348 (5,304) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 6,024,288 - - - 489,572 489,572 - Operating Reserve 142,422 - - - - - - Total expenditures 20,408,894 1,170,356 1,180,954 (10,597) 2,561,192 2,638,838 (77,646) Net Income/(Loss)(2,070,784) (507,955)(1,813,982) 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 1,275$ 570$ 570$ (705)$ Earth Day Vendor Fee 1,500 - - (1,500) Interest Revenues 100 4 7 (93) Milton Roundup Sponsor 5,000 9,000 10,881 5,881 Earth Day Sponsor 2,000 - - (2,000) Concert Sponsor - - - - Mayor's Run Sponsor 1,500 - (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 2,250 - - (2,250) Roundup Food Sales - 642 642 642 Total revenues 13,625$ 10,217$ 12,101$ (1,524)$ EXPENDITURES Current: Special Events 59,925$ 7,699$ 28,618$ 31,308$ Total Expenditures 59,925$ 7,699$ 28,618$ 31,308$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 5,196$ 5,196$ (24,804)$ Total other financing sources and uses 30,000$ 5,196$ 5,196$ (24,804)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 Net change in fund balances (16,300)$ (11,321)$ 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - - Interest Revenues/State Funds - 3 5 5 Interest Revenues/Federal Funds - 2 5 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 5$ 10$ 5$ EXPENDITURES Current: Police -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 10$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 785,000$ -$ -$ (785,000)$ Interest Revenue 680 71 119 (561) Total revenues 785,680$ 71$ 119$ (785,561)$ EXPENDITURES Current: Public Safety 993,599$ 1,600$ 265,099$ 728,500$ Total Expenditures 993,599$ 1,600$ 265,099$ 728,500$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (207,919)$ (264,980)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants 10,800 - - (10,800) FRESH Grant - - - - Interest Revenues - 0 1 1 Total revenues 10,800$ 0$ 1$ (10,799)$ EXPENDITURES Current: General Administration 17,230$ 2,091$ 3,349$ 13,881 Fire 142,994 - - 142,994 Parks & Recreation - - - - Total Expenditures 160,224$ 2,091$ 3,349$ 156,875$ Excess of revenues over expenditures (149,424) (2,090) (3,349) 146,075 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 149,424$ -$ -$ (149,424)$ Total other financing sources and uses 149,424$ -$ -$ (149,424)$ Net change in fund balances - (3,349) City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 50,000$ 5,196$ 5,196$ (44,804)$ Total revenues 50,000$ 5,196$ 5,196$ (44,804)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 30,000 5,196 5,196 (24,804) Total other financing sources and uses 50,000$ 5,196$ 5,196$ (44,804)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 60,000$ -$ -$ (60,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 1,050 1,050 1,050 Traffic Calming - - 5,800 5,800 Tree Recompense - 2,500 2,500 2,500 Landfill Host Fees 80,000 - - (80,000) HYA Fees 10,000 - - (10,000) Interest Revenue 5,000 646 1,084 (3,916) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend 3,000 - - (3,000) Capital Lease Proceeds - - - - Total revenues 158,000 4,196$ 10,434$ (147,566)$ EXPENDITURES Capital Outlay City Council 114,226$ 19,502$ 19,502$ 94,724$ IT - - - - Police 1,267,758 - - 1,267,758 Fire 993,117 - - 993,117 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 Public Works 7,756,040 12,673 491,327 7,264,713 Parks & Recreation 2,512,523 9,568 973,067 1,539,456 Community Development 65,067 - 3,019 62,048 Total Capital Outlay 12,708,731$ 41,742$ 1,486,915$ 11,221,816$ Excess of revenues over expenditures (12,550,731) (37,546) (1,476,480) (11,369,382) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,879,890$ -$ 406,658$ (4,473,233)$ Unallocated (141,471) - - 141,471 Total other financing sources and uses 4,738,419 - 406,658 (4,331,762) Net change in fund balances (7,812,312) (1,069,823) 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG 170,000$ -$ -$ (170,000)$ GDOT HPP Funds 7,538,427 - - (7,538,427) LCI Funds 100,000 - - (100,000) MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant 350,000 - - (350,000) SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 9,000 - - (9,000) Interest Revenues 1,500 192 345 (1,155) Total revenues 8,406,282$ 192$ 345$ (8,405,937)$ EXPENDITURES Capital Outlay Public Works 10,152,651$ 178,621$ 178,621$ 9,974,030$ Community Development 869,000 - - 869,000 Total Capital Outlay 11,021,651$ 178,621$ 178,621$ 10,843,030$ Excess of revenues over expenditures (2,615,369) (178,430) (178,276) 2,437,093 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 994,974$ -$ 82,915$ (912,060)$ Total other financing sources and uses 994,974$ -$ 82,915$ (912,060)$ Net change in fund balances (1,620,395) (95,362) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2012 9 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 3757.91 SF of Permanent Construction and Maintenance Easement and 2420.29 SF of Temporary Construction Easement at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Combined Purchase Price of $10,000 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of easements in the amount of $10,000. Executive Summary: To provide for intersection improvements the acquisition of 3757.91 SF of permanent construction and maintenance easement and 2420.29 SF of temporary construction easement, is required. The combined purchase price is $10,000. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project ## _HPP00-0005-00(448) P. I. Number _00005448 Parcel it 2 Tax Parcel ID ## 22-3960-0847-012-6 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real estate., Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 847 of the _2nd_ District, ,2nd_ Section of _Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. $10,000 For the sum of $ _– 4,20 , the undersigned agrees to execute and deliver to City of Milton/Georgia Department of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. —NIA Acres of Right of Way Linear Feet of Limited Access 0.0863 AC (3757.91 SF) 044 Acres of Construction and Maintenance Easement (Permanent Easement) 0.0556 Ac (2420.29 SF) 0 Square Feet of Construction Easement (Temporary Easement) 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtaln all quit claim deeds or releases from any tenant now In possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "6", which is attached hereto and incorporated herein by reference. 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S � � �� i t�/� � w.. .Z'.-�S �i'�N `��'N^N ^R G i«BO a aoa a a .E ago ��e�f fi•8� �o�� t I ==ci jagn�on8"-S C�i ["�{icnga�. v O V) C� S 3� �: •: o e� t. nt , s: A A 4 Q R � � • 4 u i U U ca ell�j yG��n�z�2�fl�.� iii ��x�X^+in��•'S Ea o a IN o a o Sa o a s asd �'S iaioar�3"e �nP 8` K! � n w �f"', c g � i i s �a 8 ii ,• -g- �, z O 4 O z 0 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 7,314.85 SF of Permanent Construction and Maintenance Easement at 14013 Triple Crown Drive from Otis H. & Grace M. Melton for a Total Combined Purchase Price of $20,832 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of right of way and easements in the amount of $20,832. Executive Summary: To provide for intersection improvements the acquisition of 7,314.85 SF of permanent construction and maintenance easement is required. The combined purchase price is $20,832. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project ## �HIV00-0005-00(448) P.1. Number 00408448 Parcel # 7 Tax Parcel ]❑ # 22-3980-0610-080.8 GEORGA, EULNU COUNTY For and in consideration of the sum of One Dollar ($9.00), receipt whereof being acknowledged, the undersigned grants to Jiy of MiltonlGeorgla DepattmaW of Transportation an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located to Land Lot 890 of the 2nd District, 2nd Section of X11 County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. $�k�' 12- 0.4 42, 00 For the sum of $-x;999 88, the undersigned agrees to execute and deliver to City of Milton/GeoL €claa Department of Iransportatiog fee simple title and easements to the lands owned by the unders€gned as reflected on lite attached Exhibit' A". s • a a A a % & A A * * A * • * * * a The following conditions are Imposed upon the grant of this option: i) This option shall extend for 90 days from this dale. 2) The consideration recited is full payment for the rights conveyed. __N1&__Acres of Right of Way Linear Feel of Limited Access jJ168�Acres of Construction and Maintenance Easement Square Feel of Construction Easement 33 All Temporary 1~asernents will terminate upon completion and acceptance of the same by the Department of Transportation. 4} The undersigned shall obtain all quit claim; needs or releases from any tenant now In possession and any other parties having a calm or interest In the property described above. 6) Spacial Provisions, if any, are listed on Exhlbit "B", which is attached hereto and Incorporated herein by reference. Witness my hand and sea] this day of �. Signed, Sealed In the aresence Publiio 0IJNT1, a+ [Seal} bl f� of (AIA JDOT 663 -A -LG City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 530+ Lineal Feet of Fencing Located at 120, 130, and 135 Providence Oaks Pointe from Providence at Atlanta National Community Association, Inc. for a Total Purchase Price of $10,500 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of fencing in the amount of $10,500. Executive Summary: To provide for intersection improvements the acquisition of 530+ Lineal Feet of fencing is required. The total purchase price is $10,500. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Purchase Agreement GA DOT Project # _HPP00-0005-00(448) Number 00005448 Parcel # 9.10 11 Tax Parcel ID # 22-3970-0848-076=0 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar (y1.o0), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 848 of the _2nd_ District, _2nd_ Section of _Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a partihereof by reference. $103500.00 For the sum of -355: 0, the undersigned agrees to execute and deliver to City of Milton/Georgia Department of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: i) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 0 Square Feet of Right of Way Linear Feet of Limited Access _L.Square Feet of Construction and Maintenance Easement Square Feet of Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quitclaim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. The Above Compensation is for the affected 530 fi Lineal Feet of Fencing located on Parcels 9, 10, & 11 within tate required easement area. This compensation is offered to the HOA to replace the affected fencing. The HOA will be responsible to place the permanent fencing outside the Permanent Easement Area after the completion of the project. This compensation also includes the cost for owners to take down the temporary fencing, after completion of the project. The City of Milton will place temporary fencing on the south side of the easement area during the construction period (will move the existing fencing to the southern end of the easement area) 0 r; Witness my hand and seal this IQ day of Signed, Sealed and Delivered In the presence of: Witness Notary Public Prov(dence at Atlanta HOA 17 }f L rNScr r i (Seal) 1-944VMd .LNC DOT 663 -A -LG Rev 08-01-2010 P�� 2�z City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 754.871 SF of Temporary Construction Easement at Birmingham Highway from B. Anne & Royal D. Peterson for a Total Combined Purchase Price of $2,985 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of right of way and easements in the amount of $2,985. Executive Summary: To provide for intersection improvements the acquisition of 754.871 of temporary construction easement is required. The combined purchase price is $2,985. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # _HPPOO-8805-00{448} P. I. Number _00805448 Parcel # a Tax Parcel ID # 22-3960-0809-822-3 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire tate following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 809 and 848 of the 2nd Dis(rict, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit 'Katlaqhed hereto and 'adeapart hereof by reference. Far the sum of 1 1150.00 the unIersigned agrees to execute and deliver to City of MiltonlGeor is De meat of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". it ■ • ♦ * * t w * * * * * k f • * * * The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. _IWA Acres of Flight of Way Linear f=eet of Limited Access -9:tf44__AAcres of Construction and Maintenance Easement 1-17 .ef WPO' 9 4 pl y) Square Feet of Construction Easement vo\ yff 3) All Temporary Easements will tefminate upon completion and acceptance of the same by the Department of Transportation. ga c t o -P ear erw+ w i i i be Sia k -ed r? LVr- 2a�f a+ r7 p CoVjo Owner 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now In possession and any other parties having a claim or interest In the property described above. G) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this day of . Signed, Sealed nd ered in the presence f: V •�w�� I.�� I ,2 L t.oG'�' Ssal VVitn s A. N ;�� { } 46 to {Seal) �Ofary Publ�� 1 I� iP a f` �}�PrdJe fV4r` f DOT 653 -A -LG �� JI�NxIIr .��}� �.• - Rev 08-0i 2810 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 1 of 24 RZ12-16/VC12-06 RZ12-16/VC12-06 PROPERTY INFORMATION ADDRESS 12855 Hopewell Road DISTRICT, LAND LOT 2/2 1108, 1109 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING NUP (Neighborhood Unit Plan) ACRES 6.931 EXISTING USE One single family residence PROPOSED USE 29 Single Family Residential Units PETITIONER Beazer Homes - Steve Check ADDRESS 6755 Shiloh Road East, Suite 101 Alpharetta, GA 30005 770-781-0617 REPRESENTATIVE Nathan V. Hendricks III PHONE 404-255-5161 INTENT To rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to develop 29 single family detached homes on 6.931 acres at an overall density of 4.18 units per acre. The applicant is requesting the following two part concurrent variance: 1) Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec 64-921(i)). 2) To allow sidewalks along only one side of the street on the interior of the development (Sec 64-2393). Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 2 of 24 RZ12-16/VC12-06 COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 19, 2012 RZ12-16 – APPROVAL CONDITIONAL VC12-06 – PART 1 – DENIAL ALONG THE EAST PROPERTY LINE VC12-06 PART 1 – APPROVAL ALONG THE SOUTH AND NORTH PROPERTY LINES VC12-06 PART 2 – DENIAL PLANNING COMMISSION RECOMMENDATION – DECEMBER 19, 2012 RZ12-16 – DENIAL (7-0) VC12-06 – PARTS 1 AND 2 - DENIAL (7-0) At the Planning Commission meeting, there were ten residents who spoke in opposition to the proposed rezoning. The Planning Commission recommended denial based on the proposed 4.16 units per acre which is higher than the surrounding single family subdivisions in the area. Staff notes that during the applicant’s presentation, they asked that the minimum heated floor area be increased in the Recommended Conditions from 2,000 square feet to 2,700 square feet. This has been reflected in the Recommended Conditions. The applicant was in agreement with Staff’s Recommended Conditions with the exception of 3j and 3k requiring rear loaded, alley access lots for lots 20 through 29 and construction of sidewalks for both sides of the streets for the entire development, respectively. The applicant was also in agreement to provide the required 40 foot periphery building setback along the east property line which was included in VC12-06, Part 1. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 3 of 24 RZ12-16/VC12-06 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 4 of 24 RZ12-16/VC12-06 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 5 of 24 RZ12-16/VC12-06 GA 400/HWY 9 LCI PLANNING STUDY Transition Area Low Scale Primarily residential (likely senior, attached, and small lot single family) with limited neighborhood serving retail office Maintain lower scale development with appropriate buffers to residential neighborhoods Encourage linear paths along roadways Limit setbacks from Hwy 9 where practical Require parking lot and right of way landscaping Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 6 of 24 RZ12-16/VC12-06 SITE PLAN SUBMITTED ON NOVEMBER 6, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 7 of 24 RZ12-16/VC12-06 LOOKING WEST FROM THE SITE (VICKERY CREST S/D) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 8 of 24 RZ12-16/VC12-06 LOOKING SOUTH FROM THE SITE (ALPHARETTA) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 9 of 24 RZ12-16/VC12-06 LOOKING EAST FROM THE SITE LOOKING SOUTHWEST FROM THE SITE Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 10 of 24 RZ12-16/VC12-06 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Single Family Residence 1 u/a North 2 RZ95-21 R-3 (Single Family Residential) Hopewell Place 2 u/a 1,800 s.f. Further North 3 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place Subdivision (Under Development) 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. East 4 RZ98-81 CUP(Community Unit Plan) Southfield Subdivision 2.5 u/a 1,700 s.f. Further East 5 RZ93-75 (City of Alpharetta) R-15 (Single Family Residential) Gatewood Subdivision 2.92 u/a 1,400 s.f Further Southeast 6 RZ88-84 M-1 (Light Industrial) Self Storage 13,757 s.f./acre 2 stories Further Southeast 7 (City of Alpharetta) C-2 (Commercial) Undeveloped N/A Southeast 8 (City of Alpharetta) C-2 (Commercial) Senior Living Facility with 133 units (Under Development) 3.98 acres Further South 9 (City of Alpharetta) R-8A Orchards at Hopewell Subdivision 5.51 u/a West 10 AG-1 (Agricultural) Scattered Single Family Residences 1 u/a Northwest 11 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest Subdivision Under Development 1 u/a Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 11 of 24 RZ12-16/VC12-06 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 12 of 24 RZ12-16/VC12-06 SUBJECT SITE AND BACKGROUND: The subject site contains 6.931 acres. It is developed with a single family residence zoned AG-1 (Agricultural) that will be demolished for the proposed development. The site is located within the “Transition” designation of the GA 400/Hwy 9 Master Plan Livable Centers Initiative (LCI). The applicant is requesting a rezoning to NUP (Neighborhood Unit Plan) to develop 29 single family residences at an overall density of 4.18 units per acre. In addition, the applicant is requesting a two part concurrent variance to reduce the perimeter setback for a NUP from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line. The second request is to allow sidewalks along only one side of the street on the interior of the development. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on November 6, 2012, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-921 NUP (Neighborhood Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum lot area per unit shall be 4,000 square feet The minimum lot size shown is 5,000 square feet Minimum NUP development size shall be four acres and Maximum NUP size shall be twelve acres The NUP development size is 6.931 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 4.18 units per acre Minimum lot width (at building line) per conditions 52 feet Minimum development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 52 feet Minimum heated floor area per unit shall be 1,000 square feet 2,000 square feet (Revised to 2,700 sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 13 of 24 RZ12-16/VC12-06 Minimum perimeter setback for the entire development shall be 40 feet – 25 feet along east and north property line and 7 feet along south and property line (Applicant has asked for Concurrent Variance for these property lines.) The following are proposed building setbacks for individual lots (NUP allows for applicant to specify building setbacks): a) Front yard setback – 10 feet b) Side yard setback – 0-7 feet with 14 feet minimum between structures c) Side yard setback adjacent to a street – 7 feet d) Rear yard- 15 feet Staff recommends that lots numbered 20 through 29 be alley accessed lots. This type of design will further create a walkable, village type community that will provide an alternative subdivision design for the area where there are typical suburban single family designs. This requirement will be included in the recommended conditions. Part 1 of VC12-06 - Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec 64-921(i)) In regards to the request to reduce the periphery setback along the east property line adjacent to the existing subdivision, the applicant has not submitted credible evidence that: 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or o ther extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends DENIAL of Part 1 - VC12-06 along the east property line. The applicant has also requested that the periphery setback along the south property line be reduced from 40 feet to 7 feet and the north property line to 25 feet. Staff notes that the adjacent property to the south is within the City of Milton, but has been designated as a no access easement with a minimum width of 50 feet and increasing in width going to the east. This property is owned by the Hopewell Road Properties, LLC which is under development for the senior living facility within the City of Alpharetta. In regards to the north property line, Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 14 of 24 RZ12-16/VC12-06 there is a small strip of land adjacent to the entrance to Southfield that is a part of a lot within that subdivision. There are no improvements on this portion of the parcel and appears as though the applicant’s property abuts the Southfield subdivision access road. Based on these facts, 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this z oning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 1 – VC12-06 along the south and north property lines. LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds. The site plan does not indicate the required landscape strip and fencing. The fencing shall be a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. OTHER SITE PLAN CONSIDERATIONS Part 2 of VC12-062 - To allow sidewalks along only one side of the street on the interior of the development (Sec 64-2393). Pursuant to Sec 64-2392 of the Zoning Ordinance requires sidewalk and shall be constructed in accordance with the Department of Public Works standards plans which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width and a minimum 2 foot beauty strip between the sidewalk and the curb. The applicant’s letter of intent states “...to delete sidewalks along one side of the internal streets in order to provide more green space and planting area” although it is Staff’s opinion that sidewalks be provided to both sides of a street to encourage a pedestrian friendly and safe environment for the residents. Accordingly, the applicant has not submitted credible evidence that: 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 15 of 24 RZ12-16/VC12-06 situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends DENIAL of Part 2 - VC12-06. A sidewalk is shown on the site plan along the right-of-way of Hopewell Road. Alpharetta has indicated that the sidewalk adjacent to the senior living facility along Hopewell Road will be provided to the property line of the proposed subdivision. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. ARBORIST COMMENTS Site has about 75% tree coverage, mostly that of young pine trees. There are several specimen trees on the site. No state waters were determined to exist. Recompense will be required and appears that all should be able to be placed on the site. Placement and species selected for recompense shall be approved by the city arborist. Additional measures may be required should trees not be provided with adequate growing area. 127.0 Tree Density Units (TDUs) shall be maintained/provided Specimen trees to be preserved or recompensed: 8” dogwood (2) 10” dogwood 27” oak 30” oak (2) CITY OF MILTON FIRE MARSHAL Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 16 of 24 RZ12-16/VC12-06 Based on the width of the pavement curb to curb of 24 feet, no on-street parking will be permitted. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. PUBLIC WORKS DEPARTMENT Subdivision regulations require a minimum of a 100' radius at the centerline of all curves. The curve near the stormwater facility does not appear to meet that standard. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 17 of 24 RZ12-16/VC12-06 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 18 of 24 RZ12-16/VC12-06 PUBLIC INVOLVEMENT On November 28, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were twelve residents from the community in attendance. Public Comments – Staff has received several e-mails regarding this development which are included at the end of the report. PUBLIC PARTICIPATION REPORT The applicant submitted their report to the Community Development Department on December 7, 2012. There were four residents who attended the Public Participation Meeting held on December 5, 2012 at the Kroger Meeting Room on Hwy 9. The only concern the residents voiced was the concurrent variance to reduce the periphery setback from 40 feet to 25 feet. The applicant will be revisiting this issue to see if the setback can be increased. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – DECEMBER 4, 2012 Comments: Why are you requesting sidewalks only on one side for internal streets? Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 29 lot single family residential subdivision developed at a density of 4.18 units per acre provides a transition from the south with the senior living facility under development within the City of Alpharetta toward the medium density single family residential to the north and east at 2 units per acre and 2.5 units per acre respectively. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s recommended conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 19 of 24 RZ12-16/VC12-06 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development provides a transition between the existing densities and uses. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. The applicant will be required to provide the transportation improvements listed in the recommended conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? GA 400/Hwy 9 LCI Planning Study: Transition Proposed use/density: Single Family Residential at 4.18 units per acre The GA 400/Hwy 9 LCI Planning Study approved by the Mayor and City Council on April 23, 2012 suggests “Transition” for the subject site and the properties to the east to the north, south, and west. The proposed NUP (Neighborhood Unit Plan) development conforms to the suggested policies and intent of the GA 400/Hwy 9 LCI Plan as described in the Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 20 of 24 RZ12-16/VC12-06 graphic below if developed with the recommended conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 21 of 24 RZ12-16/VC12-06 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development provides a transition in densities from the south to the north. If developed with the recommended conditions, it is consistent with the GA 400/Hwy 9 LCI Planning Study recommendation of “Transition” for the subject site. “Transition” is also recommended to the south and east of the subject site. Based on these facts, it is grounds to recommend approval for the proposed NUP (Neighborhood Unit Pan) if developed with the recommended conditions. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense and landscape requirements. CONCLUSION The proposed 29 lot single family subdivision, if developed with the recommended conditions, is consistent with the GA400/SR 9 LCI Planning Study’s suggestion for “Transition”. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-16 to rezone from AG-1(Agricultural) to NUP (Neighborhood Unit Plan). Staff recommends DENIAL of VC12-16, Part 1, along the east property line and APPROVAL CONDITIONAL along the south and north property lines. In addition, Staff recommends DENIAL of VC12-16, Part 2. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 22 of 24 RZ12-16/VC12-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 12855 Hopewell Road with a frontage of 790.86 feet it should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 29 total dwelling units at a maximum density of 4.18 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 23 of 24 RZ12-16/VC12-06 3) To the owner’s agreement to the following site development considerations: a) The minimum lot size - 5,000 square feet b) Minimum lot width (at building line) – 52 feet c) Minimum heated floor area per unit – 2,700 square feet d) Minimum perimeter setback along the south property line – 7 feet (VC12-16, Part 1) e) Minimum perimeter setback along the north property line – 25 feet (VC12-16, Part 1) f) Front yard setback – 10 feet g) Side yard setback – 0-7 feet with 14 feet minimum between structures h) Side yard setback adjacent to a street – 7 feet i) Rear yard- 15 feet j) Lots numbered 20 through 29 on the site plan submitted November 6, 2012 shall be rear loaded, alley access lots. k) Construct sidewalks for both sides of streets for the entire development per City Code Chapter 50, Subdivisions 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide pedestrian improvements along entire property frontage or abutting road improvements, whichever is greater, according to cross sections in Chapter 50 Subdivision Regulations of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent Prepared by the Community Development Department for the Mayor and City Council Meeting on January 7, 2013 (First Presentation) 12/28/2012 Page 24 of 24 RZ12-16/VC12-06 properties as required by the City of Milton Public Works Department. iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on Hopewell Rd at new access drive 2) SB Left Turn Lane on Hopewell Rd at new access drive 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a l and disturbance permit application. ORDINANCE NO._______ PETITION NO. RZ12-16/VC12-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO NUP (NEIGHBORHOOD UNIT PLAN) FOR A 29 LOT SINGLE FAMILY SUBDIVIISION PROPERTY LOCATED AT 12855 HOPEWELL ROAD HAVING A FRONTAGE OF 790.86 FEET CONTAINING 6.931 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 23, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 12855 Hopewell Road with frontage of 790.86 feet, consisting of a total of approximately 6.931 acres as described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1108 and 1109 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 24 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of January, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL RZ12-16/VC12-06 If this petition is approved by the Mayor and City Council, the rezoning of property located at 12855 Hopewell Road with a frontage of 790.86 feet it should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 29 total dwelling units at a maximum density of 4.18 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) The minimum lot size - 5,000 square feet b) Minimum lot width (at building line) – 52 feet c) Minimum heated floor area per unit – 2,700 square feet d) Minimum perimeter setback along the south property line – 7 feet (VC12-16, Part 1) e) Minimum perimeter setback along the north property line – 25 feet (VC12-16, Part 1) f) Front yard setback – 10 feet g) Side yard setback – 0-7 feet with 14 feet minimum between structures h) Side yard setback adjacent to a street – 7 feet i) Rear yard- 15 feet j) Lots numbered 20 through 29 on the site plan submitted November 6, 2012 shall be rear loaded, alley access lots. k) Construct sidewalks for both sides of streets for the entire development per City Code Chapter 50, Subdivisions 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide pedestrian improvements along entire property frontage or abutting road improvements, whichever is greater, according to cross sections in Chapter 50 Subdivision Regulations of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. NB Right Turn Lane on Hopewell Rd at new access drive 2. SB Left Turn Lane on Hopewell Rd at new access drive 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. SITE PLAN SUBMITTED NOVEMBER 6, 2012 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Approval of Modified Personnel Policy Handbook of the City of Milton. ____________________________________________________________________________ Department Recommendation: Approve modified Personnel Policy Handbook that amends Agenda Item No. 12-070 passed by the Milton City Council on March 19, 2012. Executive Summary: The attached modifications to the Personnel Policy Handbook amend our current handbook and the adopting resolution of March 19, 2012. These amendments document our current practices as they relate to educational pay for police and fire, tuition reimbursements, and pay above the maximum of the pay range. It also revises our definition of a full-time employee to comply with PPACA and revises our vacation and sick leave policies for employees hired after the adoption date and those current employees who voluntarily join the new plan to include offering a vacation buy-back program starting in December 2013. Funding and Fiscal Impact: The estimated annual cost for the vacation buy-back is between $35,000 and $60,000 depending on how many employees in current Police and Fire enroll. Alternatives: Adopt some (or none) of the suggested amendments to the Personnel Policy Handbook. Legal Review: Angie Davis, Jarrard and Davis, 12/21/12 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Personnel Policy Handbook as revised December 2012. Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO AMEND THE PERSONNEL POLICY OF THE CITY OF MILTON THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session at 6:00 PM on the 7th day of January, 2013 as follows: WHEREAS, the City of Milton was incorporated upon the passing of the House Bill 1470 in the 2006 Legislative Session of the Georgia General Assembly; and WHEREAS, the Mayor and Council are the governing authority of the City of Milton; and WHEREAS, the Mayor and Council are charged with the protection of the health, safety and welfare of the citizens of Milton; and WHEREAS, on December 5, 2011 the City Council passed an ordinance allowing the Personnel Policies to be adopted via resolution; and WHEREAS, the Human Resources Department in conjunction with the City Manager has comprehensively developed the Personnel Policies Handbook, consisting of policies relating to Personnel Administration; Attendance and Work Hours; Employee Status Changes; Hiring and Selection; Performance Management and Review; Termination; Use of City Property and Equipment; Safety and Accident Reporting; Compensation; Employee Benefits; Employee Leave; Standard of Conduct; Discipline; Grievance Procedures; Workplace Discrimination and Harassment; and Substance Abuse and Alcohol and Drug Testing in order to provide guidance and direction to city staff and employees, to establish standard policies for recurring matters, to establish strong personnel management policies and legal compliance, and to provide for an efficient and effective means to operate the government; and WHEREAS, the Human Resources Department in conjunction with the City Manager has developed amended policies to address outstanding issues related to tuition reimbursement, compensating employees, educational incentives for Police and Fire personnel who meet certain milestones, and the definition of a full-time employee; and WHEREAS, the Human Resources Department in conjunction with the City Manager has developed a new Vacation and Sick Leave Policy for Police and Fire employees hired after the adoption of this resolution and employees that voluntarily opt into the new plan that adjusts accrual rates, offers a vacation buy-back program, and changes the sick leave accrual and usage methods; and Page 2 of 3 WHEREAS, upon adoption, staff will incorporate the above policies into the City’s daily operations to effectuate the management of City personnel resources; and WHEREAS, the City intends to utilize these policies and procedures in all applications which warrant such oversight. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council hereby adopt the amended Personnel Polices of the City of Milton attached hereto as Exhibit “A”. Page 3 of 3 RESOLVED this 7th day of January, 2013.19th day of March, 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) Formatted: Superscript City of Milton georgia Personnel Policy Handbook Developed under the authority of the City Council by the City Manager’s Office and the Human Resources Department approved on 3/19/2012 Modified on 1/7/2013 as noted. City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Dear Employee, Welcome to the City of Milton. We are excited to have you as a part of our innovative and diverse team of employees. The City of Milton is a unique and ground breaking municipality, requiring input and contribution from every team member. This employee handbook contains key policies and expectations of the City of Milton as your employer. You will find the information both necessary and informative and are encouraged to use the handbook as the vital resource it is intended to be. The City of Milton is committed to outstanding service to our citizens and visitors. Providing an outstanding quality of life to our community is our top priority. As a part of our team, you will discover that your involvement will not only benefit the City, but be a rewarding experience to you on both a professional and personal level. We expect you to own the results of your innovation and productivity and be an active participant in the growth and development of your career and of the City of Milton’s future. Welcome aboard and I look forward to working with you. Sincerely, Mayor Joe Lockwood City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Employee Acknowledgment Form This Personnel Handbook describes the policies and procedures at the City of Milton, Georgia and I understand that I should consult Human Resources regarding any questions not answered in the Personnel Handbook. I acknowledge that I am an employee at -will and have entered into my employment with the City of Milton voluntarily and acknowledge that there is no specified length of employment. Any employment agreement that would alter my status as an employee at-will must be specified and executed in writing by the City Manager and myself, and approved by the City Council. No other agreements will be enforceable or change my status as an employee at-will. This Personnel Handbook replaces and supersedes any earlier personnel practice, policy, or guideline. However, since the policies and procedures described within this handbook are subject to change from time to time, I acknowledge that revisions may occur. I understand that such changes may supersede, modify, or revoke existing policies. The City Manager has the power to change the policy and may do so at any time without notice. Furthermore, I acknowledge that the Personnel Handbook is neither a contract of employment nor a legal document. I have received a copy of the City of Milton Personnel Handbook and I understand that it is my responsibility to read and comply with the policies contained in the manual and any revisions made to it. Employee Name: _______________________________________________________________ Employee Signature: _____________________________________ Date: _________________ City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Table of Contents Administration A. Personnel Administration Authority……………… 1 B. Attendance & Work Hours……………………….. 10 C. Employee Status Changes……………………….. 15 D. Hiring & Selection…………………………….. 20 E. Performance Management & Review………… 28 F. Termination of Employee Status…………….. 30 G. Use of City Property & Equipment…………… 33 H. Safety & Accident Reporting………………… 38 Compensation & Benefits A. Compensation & Pay Plan………………….. 1 B. Employee Benefits – Leave Type…………..... 89 C. Group Benefit Plan……………………………. 2528 D. Worker’s Compensation …………………….. E. Amendments to Chapter…….……………..… 2730 2932 Employee Relations A. Standards of Conduct……………………….. 1 B. Discipline……………………………………….. 11 C. Grievances………………………………………. 14 D. Workplace Discrimination & Harassment……..... 17 E. Substance Abuse and Alcohol & Drug Testing…….. 20 CHAPTER I ADMINISTRATION ______________________________________________________________________________________ Administration Chapter Page 1 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 I. ADMINISTRATION A. PERSONNEL ADMINISTRATION Section 1: Authority (a) General With the exception of matters reserved by state law or the city charter to the City Council, the general and final authority for personnel administration rests with the City Manager. This Personnel Handbook provides statements of policy and establishes required procedure relating to personnel administration that are necessary to effectively and efficiently manage city operations. It is issued by the City Manager under the authority of the City Council. (b) Scope of Authority The City Manager possesses the authority to administer city operations. The City Manager’s authority includes, but is not limited to: 1. Discipline, discharge, or release of employees pursuant to the procedures described in this handbook; 2. Direct the work forces; 3. Hire, assign, or transfer employees; 4. Determine the mission of city departments; 5. Determine the methods, means, and allocation/assignment of personnel needed to carry out the City’s mission; 6. Introduce new or improved methods or facilities or change such methods or facilities; 7. Determine reasonable work schedules and establish the methods and processes by which such work is performed; 8. Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always described; 9. Determine position availability by: ______________________________________________________________________________________ Administration Chapter Page 2 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 a. Authorizing lateral assignments; b. Freezing, hiring, and promoting; c. Authorizing delay in position uses due to budget, facilities, or other business necessity; d. Authorizing temporary assignment into a vacancy. 10. Delete positions, reclassify positions, and/or reassign employees to different positions with different classifications and pay as required by business necessity. (c) Delegated Authority The City Manager may delegate authority to Department Heads in the following areas: 1. Discipline, discharge, or release of employees pursuant to the procedures described in this handbook; 2. Direct the work forces; 3. Hire, assign, or transfer employees; 4. Recommend the mission of specific departments; 5. Determine the methods, means, and allocation/assignment of personnel needed to carry out the department’s mission; 6. Introduce new or improved methods or facilities or change such methods or facilities; 7. Recommend work schedules and establish the methods and processes by which such work is performed; 8. Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always described; 9. Recommend positions, reclassify positions, and/or the reassignment of employees to different positions with different classifications and/or pay;andpay; and ______________________________________________________________________________________ Administration Chapter Page 3 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 10. Fiscal responsibility of the department. (d) Administration of Policy Proper policy administration includes selecting goals and encouraging the discharge of duties above the minimum standards. The provisions of this Handbook create high standards of conduct so that training and performance can be aimed at the highest levels and may in appropriate cases, be the basis for internal discipline. This handbook provides general information about city policies, procedures, expectations, and benefits. The information in this handbook, however, cannot anticipate every situation or answer every question regarding your employment. Therefore, the policies set forth in this Handbook may not cover all situations. The City Manager shall make interpretive decisions for thos e situations that are not specifically covered by this handbook and may, in the best interest of city operations, override any provision in this handbook. The intent of this personnel policy handbook is compliance with all applicable federal and state law. In the event of a change in law or a conflict in federal or state law with the contents of this handbook, the federal and/or state law shall supersede the policies contained within this handbook. Section 2: "At Will" Employment All employment relationships are at the will of the City of Milton and the employee. Employees may resign or quit at any time for any or no reason, with or without cause or notice. Similarly, the City of Milton may discharge an employee at any time for any reason, with or without cause or notice. This handbook is not intended to and does not create an employment contract between the City and its employees. Your employment is for no specified period of time, and this Handbook does not limit your right or the City’s right to terminate your employment at any time for any reason or no reason. Section 3: Departmental Operating Rules Departmental operating rules and regulations related to employment matters, not in conflict with this Handbook, may be used and/or established by the Department Head. All such departmental operating rules and regulations and subsequent amendments thereto adopted pursuant to this Section shall be submitted to the Director of Human Resources within ten (10) days of their adoption by the department for maintenance in the ______________________________________________________________________________________ Administration Chapter Page 4 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 human resources department. To the extent there are any questions as to the controlling rule, the rule requiring the most stringent level of employee performance shall govern. Section 4: Revisions to Handbook This Handbook may be amended in whole or in part from time to time at the sole discretion of the City in order to maintain legal compliance, operative effectiveness, and desired workplace conditions. Amendments will be available to all employees upon adoption. Section 5: Personnel Records A record of service will be managed by the director of human resources for every active employee. Service records for terminated employees shall be retained as required under all applicable record retention laws. An employee has the right to review and request copies of their personnel file. These requests will be facilitated by the Director of Human Resources. Open records requests and confidentiality of personnel records will be managed as defined in the City’s policies and the Georgia Open Records Act. It is the responsibility of the employee to notify the City of any personal data changes, such as name, address, phone number, emergency contact information, change in beneficiaries, etc. Name changes will require legal documents as back-up, i.e. marriage certificate, divorce decree, etc. Section 6: Personnel Handbook (a) Scope The provisions of this Handbook apply to all employees of the City of Milton, Georgia, both on and off duty, unless otherwise indicated, restricted by authority, or limited by law. (b) Not a Contract This handbook does not constitute a contract of employment or benefits. Nothing in this handbook should be construed as a guarantee of continued benefits from, or employment by, the City of Milton. All employees are subject to discharge with or without cause. (c) Changes The City Manager reserves the authority to recommend, modify, revoke, amend, suspend, interpret, terminate, or change any or all of the provisions ______________________________________________________________________________________ Administration Chapter Page 5 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 of this handbook. Except in the case of emergency, employees will be given appropriate notice of any change. (d) Titles/Headings The use of titles or headings in this Handbook shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. (e) Validity/Severability Any statement in a directive found to be illegal, incorrect, or inapplicable shall not affect the validity of the remaining contents. (f) Distribution Every city employee will have access to a copy of this handbook and copies of amendments and revisions as they are adopted. (g) Compliance All provisions of this Handbook are applicable to regular full-time, part- time, seasonal, and temporary employees, except where otherwise noted in the Handbook. (h) Official Copy An official copy of the City of Milton, Georgia Personnel Handbook containing the latest revisions is maintained by the Director of Human Resources and can be found in the offices of such department. Section 7: Definitions The following words and phrases shall have the following meanings. All other words not defined herein shall have the common and ordinary dictionary meanings, unless a different meaning is required by the context. (a) Days Unless otherwise provided, “days” refers to business days, rather than calendar days or shift days. ______________________________________________________________________________________ Administration Chapter Page 6 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (b) Demotion Demotion is defined as the change of an employee from a position in one grade to a position in another grade at a lower level. Demotions may be to one or more grade levels lower than the current employee status. (c) Department The recognized departments for the City of Milton:  Mayor & Council  City Manager’s Office  City Clerk  Community Development  Communications  Information Technology  Public Works  Recreation & Parks  Municipal Court  Finance  Human Resources  Police Department  Fire Department (d) Department Director The highest administrative employee of a department, whether indicated as Director, Chief, or other job title or rank. (e) Employee (Modified January 2013)  Regular Full-time Employee: Any employee filling an approved, budgeted position with a regularly scheduled work week of more than thirty (30) hours per week.  Regular Part-time Employee: Any employee filling an approved, budgeted position with a regularly scheduled work week of thirty (30) hours or less per week.  Fire Shift Employee: Those employees designated as fire protection personnel and assigned to a shift other than the regular work week.  Police Shift Employee: Those employees designated as police protection personnel and assigned to a shift other than the regular work week.  Temporary Employee: Any employee filling a position for a ______________________________________________________________________________________ Administration Chapter Page 7 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 specified length of time, for either long or short term work assignments. (f) Exempt Employee An employee defined according to the federal Fair Labor Standards Act (FLSA) to be subject to equal pay provisions but exempt from minimum wage and overtime pay provisions. Exempt employee’s compensation is based on an annual salary basis and there is no compensation for hours worked in excess of the defined work week. (g) Health Impairment A temporary or permanent mental or physical impairment including, but not limited to injury (on or off the job), illness, or other job -restricting impairment, which diminishes or precludes one’s capacity for, or renders one unfit for performance of the essential job functions of the position. (h) Non-Exempt Employee An employee defined according to the FLSA to be subject to equal pay, minimum wage, and overtime provisions. For regular employees, hours worked in excess of the 40-hour work week will be paid at a rate of 1½ times the employee’s regular rate of pay. For police shift employees, hours worked in excess of the 86-hour bi-weekly work period will be paid at a rate of 1½ times the employee’s regular rate of pay. For fire shift employees, hours worked in excess of the 106-hour bi-weekly work period will be paid at a rate of 1½ times the employee’s regular rate of pay. Non - exempt employees take vacation and sick leave hours in quarter hours increments. (i) On-the-job Injury An injury arising out of employment or sustained in the course of employment. (j) Overtime Rate The overtime rate of pay is one and on-half (1½) times the regular rate of pay for non-exempt employees. ______________________________________________________________________________________ Administration Chapter Page 8 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (k) Promotion A promotion is defined as the change of an employee from a position in one grade to a position in another grade of a higher level. (l) Reassignment Reassignment is defined as the movement of an employee within the classification plan not otherwise covered by demotion, promotion, or reclassification. The terms reassignment and transfer may be used interchangeably. (m)Reclassification A position whose classification is altered due to job duties and responsibilities. Reclassifications can be to a higher, lower, or same pay grade. (n) Relative For purposes of this handbook, relatives are defined as follows:  Spouse  Parent or Step-parent  Parent-in-law  Child or Step-child  Sister or Step-sister  Brother or Step-brother  Sister-in-law  Brother-in-law  Grandparent and Grandparent-in-law  Grandchildren  Aunt or Uncle  Niece or Nephew  First Cousin (o) Supervisor The term supervisor shall apply to any employee formally assigned to supervisory responsibilities for personnel and operations of a work unit within a larger department of City government. Department Directors and ______________________________________________________________________________________ Administration Chapter Page 9 Personnel Administration ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 the City Manager should be understood to be supervisors of individuals who report directly to them. (p) Unauthorized Absence Failing to report for duty or failure to remain at work as scheduled without proper notification, authorization, or excuse. __________________________________________________________________________________________ Administration Chapter Page 10 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 B. ATTENDANCE & WORK HOURS Section 1: Policy Statement In order to maintain a high level of responsiveness to the City of Milton citizenry, it is important that employees follow established work hours, avoid tardiness and unauthorized absences, and follow reporting requirements. Section 2: General Provisions (a) General Business Hours All offices of the City will be kept open continuously from 8:30 a.m. to 5:00 p.m. Monday through Friday. Unless otherwise approved by the City Manager, the regular work week is from 8 a.m. to 5 p.m. Each department may schedule alternate work schedules to meet their needs and the needs of citizens with approval of the City Manager. (b) Hours Worked Except as otherwise noted below, authorized paid leave is considered hours worked. 1. Vacation and sick leave hours are not considered hours worked for the purpose of determining overtime eligibility. 2. Vacation and sick leave hours are not considered hours worked for the purpose of determining eligibility for Family Medical Leave (FML). (c) Attendance Requirements Maintaining good attendance is a condition of employment and an essential job function of every employee. An employee will refrain from unauthorized absences or tardiness; abusing sick leave; absences or tardiness that causes significant disruption of service, and excessive amount of time off the job, regardless of reason. An employee absent from the job without proper authorization for three consecutive workdays may be considered to have resigned their position, unless exigent circumstances are demonstrated upon review on a case-by-case basis. __________________________________________________________________________________________ Administration Chapter Page 11 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (d) Additional Work All employees are required to work in excess of their official hours when necessary, as determined by department management. Such additional work assignments may be rotated and allocated among employees qualified to perform the duties. Excess hours may be required or granted for a specific period of time or on a regular basis as operating circumstances warrant. Additional work by non-exempt employees must be approved in advance by the employee’s supervisor. This includes, but is not limited to, work before or after regular work hours or work taken home. (e) Time Increments Hourly computations for the purpose of compensation and the use of vacation and sick leave will be computed in quarter hour increments for non-exempt employees. (f) Meal Breaks Meal time should be at least thirty (30) minutes in length. Other rest periods of short duration during the day should not be disruptive to operations and should not exceed a total of fifteen (15) minutes in length and be approved by the employee’s supervisor. In compliance with the Fair Labor Standards Act, meal time during a shift or tour of duty is not considered compensable time, unless the employee is required to respond to calls during the meal time. Section 3: Alternative Work Schedules (a) General Provisions Subject to operational requirements, regular full-time employees may be permitted to work an alternative work schedule that allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. (b) Approval Process Any change in an employee’s work schedule must be agreed to in writing by the department director and the employee prior to implementation. In addition, the City Manager and the Director of Human Resources must __________________________________________________________________________________________ Administration Chapter Page 12 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 approve any change in an employee’s work schedule to ensure there is no conflict with statutory/regulatory requirements or city policy. (c) Restrictions  The City may cancel or suspend an employee’s alternative work schedule privileges at any time, for any or no reason.  Daily and weekly work schedules can be modified at the City’s discretion to meet changing operational needs.  Approval of an alternate work schedule does not restrict employees from working more than their scheduled work hours.  Employees can be required to depart from their alternate work schedule as necessary, to work additional hours, to attend training, or for other business purposes as determined by the City.  No alternate schedule will be approved that has the potential to unduly increase the City’s overtime p ay liability or that results in an inconvenience to, or disruption of, the City’s business. (d) Telecommuting Telecommuting is defined as working one or more days each workweek from home or an alternate work area instead of commuting to the city worksite where the employee would be required to work if they did not telecommute. The City recognizes telecommuting as a valuable alternative work arrangement, where appropriate, for eligible employees. The fundamental assumptions behind utilizing telecommuting are:  Productivity – it is expected to continue at a satisfactory and acceptable level during telecommuting periods.  Organizational benefit – telecommuting will be done to benefit the organization and the services provided.  Management discretion – The City Manager will have the final authority in the applicability of telecommuting for each situation and shall have the right to terminate the telecommuting program or a telecommuting agreement at any time. Telecommuting is not appropriate for all employees. No employee is entitled to, or guaranteed the opportunity to, telecommute. Offering the opportunity to work at home is a management option, based on the recommendation of the employee’s department head. An employee’s participation is strictly voluntary. All telecommuting agreements must meet the criteria in this policy and may be terminated at any time by either __________________________________________________________________________________________ Administration Chapter Page 13 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 the employee or the supervisor. The City Manager, or designee, will be the final approving authority for any telecommuting arrangements made for city employees. Not all city jobs lend themselves to telecommuting. Employees may be considered on an individual basis for their telecommuting eligibility. A primary consideration for administering telecommuting in the city is that it does not interfere with services provided to the public during business hours. An employee’s work must be of a nature that face-to-face interaction with other employees, external customers, or project workgroups is minimal and the employee’s tasks can be performed successfully away from the office. Telecommuting agreements are entered into for the good of the City and the services provided. City employees shall devote full time and attention to City business durin g telecommuting/business hours. Employees will not engage in outside employment during this time. Telecommuting is not a program designed to assist with dependent care. Primary care for dependents (child care/elder care) during agreed-upon work hours shall be provided by someone other than the telecommuting employee. All telecommuting employees are required to maintain in-office periods, to attend staff meetings and interact as necessary with other staff, both within and outside of the department. Telecommuting employees shall not hold business meetings with internal or external clients, customers, or colleagues at their residence. Telecommuters shall be available to be called into the city work location at any time, without prior notice, for any reason, unless a medical condition would prohibit compliance at that time. The amount of time an employee is expected to work per day or per pay period will not change due to participation in the telecommuting program. Employee salary, benefits, and insurance coverage will not change due to telecommuting participation. If a reduced workweek is agreed upon, this is a separate issue from telecommuting and will be treated just as a reduced workweek arrangement would be at the normal work location. The employee must submit a sick or vacation leave request to cover any hours not worked due to (personal or family) illness, doctor appointments, or funeral attendance during the telecommuting period. Supervisory approval for leave and overtime requests shall be required in advance, just as in the normal work environment. Overtime must be pre-approved by the supervisor. Office supplies will be provided by the City and should be obtained during the telecommuter’s in-office work periods. Out-of-pocket expenses for __________________________________________________________________________________________ Administration Chapter Page 14 Attendance and Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 supplies normally available in the office will not be reimbursed. All supplies must be returned to the City as soon as the telecommuting arrangement is no longer valid or if the equipment will no longer be needed by the employee to do their work. The City will not provide office furniture. It is important that consistent communications be maintained by telecommuting employees. Telecommuters shall be available at their remote locations by telephone and/or e-mail to management and other City staff during agreed-upon work hours. The City will not provide cell phones to telecommuters unless they are otherwise provided in the normal scope of business. Telecommuters shall notify the office if they leave their telecommuting location, just as they would inform the receptionist or someone else when leaving the traditional office during the workday. Reimbursement for cellular phone calls from the remote work location requires department head approval. __________________________________________________________________________________________ Administration Chapter Page 15 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 C. EMPLOYEE STATUS CHANGES Section 1: Policy Statement Employees may undergo any number of changes in status and/or compensation. The purpose of this chapter is to identify and describe the more common of these changes. Section 2: General Provisions (a) Requirement All promotions, demotions, reassignments, or transfers are contingent on position availability, the employee meeting the minimum qualifications, and the availability of funds in the discretion of the City Manager and City Council. (b) Probation Period Requirements 1. Original Probation Period Newly hired employees are subject to a twelve (12) month probationary period in the position to which they are hired (the “Original Probation Period”). 2. Position Probation Period Employees who are promoted, demoted, are subject to a six (6) month probationary period in the new position (the “Position Probation Period”). If the probationary period is to be extended, the employee will be notified in writing at least two weeks prior to the expiration of the Original Probation Period. 3. Extension of Probation The probationary period may be extended one time for a period not to exceed three months by the Department Head with notice to the Director of Human Resources. __________________________________________________________________________________________ Administration Chapter Page 16 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (c) Probation Period Restrictions Except as the result of disciplinary action or business necessity, no status change described in this Handbook may occur while an employee is in a probationary period. (d) Compensation Status changes described in this Handbook may affect compensation, based on position classification and availability of funds. (e) Effective Dates Except for temporary reassignments in emergency situations, status changes described in this Handbook can only be effective at the beginning of a pay period. Section 3: Promotions and Demotions (a) Eligibility for Promotion Employees may be eligible to promote to higher classified positions base d on qualifying skills and demonstrated performance. (b) Reasons for Demotion Employees may be demoted as the result of failure to meet minimum performance standards established for their position, disciplinary action, job elimination due to business necessity, or accommodation. Section 4: Reassignment (a) Management Reassignment An employee may be reassigned to a position in the same rank or classification with different duties and responsibilities. This action may be taken at the discretion of department head. (b) Temporary Reassignment to Higher Classification Employees may be temporarily assigned to an acting status in a higher position having different duties and responsibilities when: __________________________________________________________________________________________ Administration Chapter Page 17 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 1. An existing position is vacant or the incumbent is or will be absent from work for at least thirty (30) days. 2. Operational effectiveness precludes dispersing the duties of the position among other equally classified employees. 3. The employee meets the minimum qualifications of and is capable of performing the assigned duties of the higher level position, and 4. The City Manager or their designee approves the temporary acting status in writing prior to the reassignment. 5. A PAF (Personnel Action Form) must be generated to reflect all changes. (c) Employee-Sought Reassignment Employees may voluntarily seek transfers to equally or lower classified available positions for which they are qualified. Such transfers may not be granted if the City Manager determines that it is not in the best interest of City operations. Section 5: Management Reclassification (a) General Overview Reclassification of a position may occur at the request of a department director and upon approval of the City Manager when the job duties actually performed and the minimum qualifications of the position have significantly changed since the job description was written. Reclassification may result in a position being placed in a high er, lower, or same classification. Employees whose positions are reclassified will be given advanced written notice of the reclassification by the department director. (b) Approval All requests for reclassifications should be submitted to the Director of Human Resources, who will review and make a recommendation to the City Manager or designee for approval. __________________________________________________________________________________________ Administration Chapter Page 18 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Section 6: Nepotism & Conflicts of Interest (a) General Overview When relatives, as defined earlier in the definition section, work within the same department, potential conflicts of interest can arise. In order to prevent these conflicts, the city prohibits two (2) or more relatives to be employed within the same department. (b) Options 1. Voluntary movement of either or both employees based on availability of positions in other departments and qualifying skills of the employee(s). 2. Involuntary reassignment to an available position of equivalent status/grade. 3. Resignation or dismissal from City service. (c) Non-Fraternization Romantic or sexual relationships between a manager/supervisor and a direct report employee can cause real or perceived conflicts of interest. In order to prevent these conflicts, the City prohibits such relationships or any conduct that is intended or may reasonably be expected to lead to the formation of a romantic or sexual relationship between a manager/supervisor and an employee in a direct reporting relationship. This policy applies regardless of whether or not both parties freely consent to such relationships. Should a manager desire to date or become involved with a direct report employee, the manager should first resign from their position with the City. Should two employees within the same department but not in a direct reporting relationship desire to become involved in a roma ntic relationship, they should disclose the relationship to the Department Director who shall then make a decision regarding the effect of the relationship on work product and work flow within the department. If in the judgment of the department director, the relationship between two employees within the department creates a negative effect on departmental __________________________________________________________________________________________ Administration Chapter Page 19 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 operations, then one of the two will be asked to transfer or resign their position with the City. By its prohibition of romantic and sexual relationships, the City does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment. __________________________________________________________________________________________ Administration Chapter Page 20 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 D. HIRING AND SELECTION Section 1: Policy Statement The City is committed to employ, in its best judgment, the most highly qualified candidates for approved positions in compliance with all applicable employment laws. It is the policy of the City to provide equal employment opportunity for all employment to all applicants and employees. Human Resources authorization is required to initiate any action for an open position including any recruitment efforts, advertising, or interviewing, and approval is required to extend any offers of employment to any perspective candidate. Section 2: General Provisions (a) Equal Employment Opportunity The City of Milton provides equal opportunity to all employees and applicants without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, or status as covered veterans in accordance with applicable federal, state and local laws. This policy applies to all terms and conditions of employment including, but not limited to hiring, placement, promotion, termination, reduction in force, recall, transfers, leaves of absence, compensation and training. (b) The Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits, under certain circumstances, discrimination based on disability in the areas of employment, public services, and public accommodations. ADA requires employers to reasonably accommodate qualified individuals with disabilities. It is City of Milton’s policy not to discriminate against individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. The City of Milton will provide reasonable accommodations to both employees and members of the public, if so requested. (c) Selection Criteria Selection for employment with the City of Milton is based solely on job- related qualifications and is contingent on satisfactory results of such __________________________________________________________________________________________ Administration Chapter Page 21 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 exams or tests as either required by law or administered due to job -related duties. (d) Minimum Age Eighteen is the minimum age of employment for the City with the following exceptions: 1. The minimum age for certified police uniformed services is age 21. 2. Selected temporary positions where persons are at least age 16 and are allowed by law to work in jobs that are non-hazardous. Section 3: Application Process (a) Recruitment Requests Upon a vacancy, the department director should notify the Director of Human Resources. An advertisement will be published for every vacancy stating the position, the minimum training requirements, the salary range, how to apply, and the closing deadline for application submission. This notice will be published for a minimum of fourteen (14) calendar days. At the recommendation of the department head and approval of the Director of Human Resources, an attempt at internal recruiting may be the initial course of action, in which case the advertising period may be altered. (b) Forms and Submission All candidates for a position, whether or not currently employed by the city, must complete a new employment application , resume or letter of interest and file it with the city’s director of human resources for each vacancy of interest. Additional information outside the initial employment application may be required from candidates. (c) Examinations As determined by the department director and under the review and management of the Director of Human Resources, the selection process may include, but not necessarily be limited to, one or more of the following: Oral interviews, evaluation of experience and training, written basic skills test, physical ability skills test, driver history, criminal history, truth verification testing, psychological testing, and reference and background checks. __________________________________________________________________________________________ Administration Chapter Page 22 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (d) Falsified or Omitted Material Omission or falsification of any material fact on an application or resume or any other official agency documentation disqualifies an applicant for consideration of employment, transfer or promotion. Disciplinary action may be taken against a current employee for an omission or falsification, up to and including termination regardless of when the omission or falsification is discovered. Section 4: Selection (a) Job-Related Criteria Selection for employment with the City of Milton is based on job -related criteria that may include, but is not limited to: 1. Possession of the necessary knowledge, skills, abilities, training, education, licenses, certifications and experience required for the position. 2. Satisfactory results on performance tests and/or physical or psychological examinations, or drug and alcohol tests. 3. Satisfactory results on criminal history, driving record, employment and education reference checks. (b) Nepotism All provisions of the nepotism policy in this Handbook will be adhered to during the selection process. For further information, please refer to the nepotism policy. (c) Position Control It is the responsibility of the Director of Human Resources to maintain a citywide position control in order to track authorized positions and the status thereof. The position control shall be the document of authority for determining the availability of positions for recruitment. __________________________________________________________________________________________ Administration Chapter Page 23 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Section 5: Eligibility Registers To the extent that the examination process adopted by the Director of Human Resources, for a particular position provides for the creation of a listing of participants who met certain minimum standards for performance so as to be eligible for employment, this listing shall be known as an Eligibility Register. Any examination process that results in the creation of an Eligibility Register shall specifically state in writing the method by which offers for employment will be extended to individuals appearing on the Eligibility Register and shall so notify all participants in the examination process. In any event, and under any examination process resulting in the creation of an Eligibility Register, an individual's existence on an Eligibility Register does not constitute an offer for employment or any guarantee of future employment. Therefore, an individual shall have no expectation of employment based upon appearance on an Eligibility Register. To the extent that the examination process adopted for a particular position utilizes an Eligibility Register and specifically provides for future hiring based upon the Eligibility Register, any individual who is extended an offer of employment based upon appearance on that Eligibility Register more than sixty (60) days after the completion of the examination, shall be subject to submitting updated information, including re-submitting to the applicable background checks, drug tests, and medical exams. The subsequent submittal of updated information may result in an applicant being denied employment. Section 6: Re-Employment To be considered for re-employment, former employees must have demonstrated acceptable prior service with the City and must meet the current minimum qualifications for the position for which they are applying. Re-hired employees are subject to the conditions of employment and benefits of a newly hired employee, except in the case of vacation leave where previous years of service for the city are credited as specified below in this Handbook. Section 7: Probationary Period (a) Application It is the purpose of the probationary period to provide a time by which both employee and employer can decide whether to continue employment. Probationary employees and supervisors should utilize the time to examine all aspects of the job and related performance. 1. Original Probation Period Newly hired employees are subject to a twelve (12) month probationary period in the position to which they are hired (the __________________________________________________________________________________________ Administration Chapter Page 24 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 “Original Probation Period”). 2. Position Probation Period Employees who are promoted, demoted, reassigned or transferred are subject to a six (6) month probationary period in the new position (the “Position Probation Period”). If the probationary period is to be extended, the employee will be notified in writing at least two weeks prior to the expiration of the Original Probation Period. (b) Extension The probationary period may be extended one time for a period not to exceed three months by the Department Head with notice to the Director of Human Resources. The employee must be notified in writing of their probationary status being extended at least two weeks prior to the expiration of the probation period. (c) No Status Change Employees in a probationary status are not eligible for reassignment, promotions or voluntary transfer, unless specifically approved by the City Manager. (d) Appeal Rights Employees in a probationary status do not have grievance or appeal rights to disciplinary action. (e) Dismissal Dismissal of an employee during the probationary period should be coordinated with the Director of Human Resources and subject to review by the City Attorney. Newly hired employees terminated while on probation will not be compensated for any accrued vacation leave. Section 8: Contract Employment (a) General Overview Personnel from temporary employment agencies or contract employees outside an agency may be utilized from time to time by the City to facilitate business needs. The temporary agency is responsible for hiring, __________________________________________________________________________________________ Administration Chapter Page 25 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 training, assigning, disciplining, and terminating its contract personnel. For performance purposes, contract personnel assigned a City project will be supervised by the department director or designee. Contract employees are not eligible to receive City benefits. Contract employees outside an agency must supply their own equipment, manage their own schedule and are responsible for their own payroll tax payment and filing. (b) Requests for Contract Employment Requests for contract personnel must be placed through the Human Resources Department and will be reviewed by both human resources and finance, and subject to availability of funds. Temporary assignment must be approved by the Finance Director, Director of Human Resources and City Manager prior to the engagement of the contract service. The Director of Human Resources will keep a list of approved temporary agencies and will coordinate the assignment once approval has been issued. Section 9: Other Employment (a) General Overview The City recognizes that employees may seek additional employment during their off hours to earn additional income or develop new skills and experience. Despite any other outside employment, their City job is the primary employment responsibility for full-time employees. Working extended hours while at a secondary job may adversely affect the health, endurance, and productivity of employees. The City does not consider outside employment to be an excuse for poor job performance, tardiness, absenteeism, or refusal to work overtime or travel when required by the City. Outside employment also presents the opportunity for conflicts of interest. (b) Outside Employment Outside employment is subject to written approval by the department director or designee. A City employee may engage in any business, trade, occupation, or profession that does not: 1. Bring the City into disrepute; 2. Reflect discredit upon the employee as an employee of the City; 3. Interfere with the performance of the employee’s City duties; __________________________________________________________________________________________ Administration Chapter Page 26 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 4. Present a conflict of interest; 5. Result in misuse of City property or funds; 6. Result in use of the City position for unethical/or illegal personal gain ; 7. Violate department policy or procedure; or 8. Decrease the health or endurance of employees or adversely affect their productivity. (c) Dual City Employment & Volunteer Time Employees may not hold more than one compensated position with the City. (d) Prohibitions 1. Department directors are prohibited in engaging in any form of outside employment without the specific approval by the City Manager. 2. No employee shall engage in any employment or business where the work presents a conflict of interest. 3. No employee shall engage in any employment or business where the work of the secondary employer has been in the last twelve (12) months or is currently the subject of an investigation by the employee’s City department. 4. With the exception of vacation leave, if you are on leave of any other type, you are not able to work an off duty job. 5. No employees shall engage in any private business or activity while on duty. (e) Approval 1. An employee must obtain permission in writing from the department director or their designee before accepting any other employment or engaging in any other business. The prescribed form should be used for permission as it gathers the pertinent information for review of the request. __________________________________________________________________________________________ Administration Chapter Page 27 Hiring and Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 2. An employee must obtain permission in writing from the department director and the Director of Human Resources before accepting an assignment as a volunteer for the City. 3. Permission granted is subject to revocation in the event of a subsequent unknown or occurring conflict with this policy. __________________________________________________________________________________________ Administration Chapter Page 28 Performance Management and Review ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 E. PERFORMANCE MANAGEMENT AND REVIEW Section 1: Policy Statement The job performance of all employees will be reviewed periodically to determine if salaries should be adjusted, if job descriptions should be revised, or if jobs need to be reclassified. A periodic formal performance review is intended to ensure that all employees: 1. Are aware of what duties and responsibilities are expected; 2. Understand the level of performance expected; 3. Receive timely feedback about their performance; 4. Have opportunities for education, training, and development; 5. Are evaluated in a fair and consistent manner; 6. Have performance goals established. Section 2: General Provisions (a) Timing The performance of employees will be reviewed and documented: 1. Prior to completion of any probationary period. 2. At least annually for all full-time employees. 3. In a timely manner that will coordinate with the fiscal year if evaluations are tied to pay. (b) Performance Discussion Interim reviews by the supervisor of an informal nature throughout the year are encouraged. The purpose is to foster communication, assure common understanding of purpose and expectations, and to assist in detecting problems as they develop. __________________________________________________________________________________________ Administration Chapter Page 29 Performance Management and Review ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Section 3: Review Process (a) Review Discussion Content Together the supervisor and employee will discuss the employee’s performance during the review period and plan for the next review period. The contents of the review should: 1. Identify the principal duties of the job and measured results of those duties during the review period; 2. Review the expectations of the level of performance and the measured results of meeting those expectations during the review period; 3. Define the results that recognize significant work or projects during the review period; 4. Identify and address areas of employee development needs; 5. Develop an action plan for training to improve or add skills; 6. Set goals and objectives for the upcoming fiscal year; and 7. Offer advice on career advancement, specialization and training. (b) Documentation The supervisor will document the employee’s evaluation and any agreed upon plans on the prescribed forms. Subsequent to the review with the employees, both the evaluator and employee should sign the form. (c) Appeal of Performance Review If an employee disagrees with the supervisor’s assessment of their performance, the employee may write a letter of explanation stating their concerns with the evaluation. Any submittals from an employee on their performance evaluation, will be included in their file. __________________________________________________________________________________________ Administration Chapter Page 30 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 F. TERMINATION OF EMPLOYEE STATUS Section 1: Policy Statement Employees leave the City of Milton workforce under various conditions that include retirement, voluntary separation, dismissal, or reductions in force. Regardless of reason, the end of employment shall be conducted in a discreet, respectful, and efficient manner. Procedures may exist affecting the employee’s terminal pay and disciplinary action appeals. Employees should make themselves aware of these procedures. Section 2: Resignation or Retirement (a) Resignation An employee is encouraged to submit a resignation to his/her department director at least two (2) weeks prior to the effective date of the resignation. The resignation notice should indicate the last working day or shift with the City of Milton. An employee may be permitted or requested to leave immediately. Employees will not be allowed to use vacation during the notice period unless it was scheduled prior to giving notice. If the employee is requested by the City to not work through the notice period, the employee will be paid through the effective date of their resignation. (b) Retirement An employee must give written notice of intent to ret ire to his/her department director as soon as possible, but no less than thirty (30) calendar days prior to the intended retirement date. This notice is required in order to facilitate timely processing of retirement benefits. The retirement notice should indicate the last working day or shift with the City of Milton. In the case of disability, application of disability retirement satisfies the notice requirement. (c) Process of Exit After receiving written notice of voluntary resignation or retirement, the department director shall notify the Director of Human Resources. Employees who leave the City’s workforce will be paid for a maximum of 240 accrued vacation leave hours, provided they have completed their initial probationary period. All city property assigned to the employee is considered an advance of wages and must be returned in proper working __________________________________________________________________________________________ Administration Chapter Page 31 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 condition before receiving the final pay check. Unreturned items will be deducted from the final payout to the extent allowed by law. (d) Pending Disciplinary Action An employee whose resignation or retirement notice is tendered and accepted after the initiation of a disciplinary action forfeits their right to appeal the disciplinary action. (e) Involuntary Termination Employees who are involuntarily terminated from the City will receive a written statement citing the reasons for the dismissal, the date of the dismissal, and appropriate notification for benefits. Section 3: Lay-Off (a) Statement of Policy Lay-off is defined as a reduction in force that may result in the separation of employee(s) due to abolishment of a position, a shortage of funds or work, a need to increase efficiency, or a material change in the duties or organizational unit of the Department. No lay-offs shall be made for the purpose of dismissing an employee for incompetence, misconduct, or for other reasons, except as included in this Section. The lay-off does not reflect discredit upon the service of the employee. (b) Procedures A lay-off can be recommended by the City Council, the City Manager, and/or the Director of Human Resources. Any lay-off must be approved by the Director of Human Resources prior to becoming effective. Prior to the lay-off, the affected Elected Official/Department Head shall make recommendations to the Director of Human Resources who shall consider work records, employee evaluation ratings, and length of service in determining which employees shall be laid-off. If it is found that two or more persons in the Department in which the lay-off is to be made have equal ratings as determined by review of employee records and evaluation ratings, the order of lay-off shall be based upon seniority. No full-time employee shall be laid-off while another person is employed on a temporary or part-time basis in a position within the same job description if the employee is willing to accept the temporary or part-time work. In __________________________________________________________________________________________ Administration Chapter Page 32 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 evaluating employees for purposes of a lay-off, care should be taken to accurately evaluate all employees. An employee shall not be laid -off based on race, color, creed, religion, sex, national origin, age, political affiliation, disability, or any other category protected by federal and/or State law. (c) Lateral Transfers or Demotions to Preserve Employment Prior to lay-off and in an effort to avoid separation of employment, the Director of Human Resources may direct Lateral Transfers or Demotions as necessary to place employees into positions for which they are qualified rather than lay them off. Lateral Transfers or Demotions in accordance with this Section will be effective unless the employee elects in writing to be laid off. Written notice of said election from the employee must be received by the Director of Human Resources within three (3) working days after the employee has received notice of the Lateral Transfer or Demotion. (d) Lay-Off Register The Director of Human Resources shall prepare a register of employees who have been laid-off to be utilized as provided in this Section. The order of names appearing on this register will be based upon the order of the lay-off and when there is a tie, then seniority will be the determining factor. The names of the employees shall remain on the lay-off register for a period of one (1) year, unless the life of the register is extended an additional year by the Director of Human Resources in his/her sole discretion. During the life of the lay-off register, an employee may submit a written request to have his/her name removed from the list. Employees whose names appear on the lay-off register shall be given primary consideration when conditions warrant rehiring. “Primary consideration” shall mean that the employee does not have to go through the recruiting process, but that the City will notify the employees who appear on the lay- off register when there is an opportunity to fill a position that the laid-off employee previously held or a comparable position, either full -time or part-time; provided the employee meets the minimum qualifications for the position. In any event, employees whose names appear on the lay-off register are welcome to apply for other positions with the City at any time. If an employee is hired for another position in the City during the life of the lay-off register, the employee’s name shall be removed from the lay- off register and no other special consideration shall be given to the employee. __________________________________________________________________________________________ Administration Chapter Page 33 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 G. USE OF CITY PROPERTY & EQUIPMENT Section 1: Policy Statement The City of Milton is committed to providing a safe workplace and has a substantial investment in the property and equipment used to provide employees the tools for the effective and efficient accomplishment of city business. The appropriate use of facilities, vehicles, equipment, and other items of city property is expected from employees. Additionally, this policy governs the use of the City’s computer and electronic communications system, which includes telephone, voice mail, fax machines, Internet, electronic mail (e-mail) wireless internet connections and other computer usage. Section 2: General Provisions (a) Use of Equipment All facilities, vehicles, furniture, supplies, and equipment provided and/or used in the course of employment, including without limitation, the telephone, computer, and electronic communications system, is the property of the City of Milton government and may only be used for approved purposes (collectively the “Property”). (b) Privacy No employee shall have an expectation of privacy in any Property. This includes the use of the computer and electronic communication system, including, but not limited to, the e-mail and voice mail messages they create, store, send and receive, and the Internet sites they visit. (c) Inspection of Property Employees may be assigned and/or authorized the use of City-owned vehicles, lockers, desks, cabinets, computers, etc. for the convenience of the City and its employees. Management reserves the right to search city property assigned to employees and documents in employee desks, lockers, file cabinets, etc. The City has the right to monitor any and all aspects of its computer and electronic communication system, including, but not limited to, monitoring sites visited by users on the Internet, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users. Such monitoring may be conducted without prior notice. Use of the City’s property automatically constitutes consent to such monitoring. __________________________________________________________________________________________ Administration Chapter Page 34 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (d) Proper Authorization An employee shall not, regardless of value, take City Property wi thout authorization. The use of City Property for personal gain or for other than official duty-related use is forbidden. (e) Discipline Repayment for loss or damage may be required under this Chapter in addition to, or in lieu of, disciplinary action. Required repayment under this Chapter will be made by payroll deduction from the employee’s pay as necessary to recoup the amount to be recovered. Section 3: Vehicle Use & Operation (a) Business Use Except as specified in this Handbook, City vehicles are furnished for official City business and may not be used for personal reasons without express written consent by the applicable Department Director. Employees with take home privileges may make short stops that do not deviate from their normal route during their commute. (b) Vehicle Assignment Employees assigned a city vehicle may be authorized to use the vehicle for transportation to and from work. This “take home” provision, if granted, shall only apply to employees living within a 25 mile radius of the city limit. If take home status is granted, no personal use of the vehicle is permitted after the commute is complete. No passengers may be transported in take home vehicles unless they are connected to city business or unless authorized by City Manager or in the case of an emergency as approved by the department head. Employees who are assigned a city vehicle are responsible for ensuring the preventative maintenance and repair schedule is met on the vehicle. Failure to ensure proper repair and maintenance may result in the revocation of the assignment. All vehicle assignments are subject to recall at any time. Section 4: Electronic Communication Systems (a) General Provisions “Electronic Communication Systems” is defined as Internet, electronic mail, telephone, voice mail, facsimiles, pagers, mobile phones, 800 mhz __________________________________________________________________________________________ Administration Chapter Page 35 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 radios, computer and computer networks, directories, and files. Employees will not have privacy rights with respect to any activity using these Electronic Communication Systems. All data, including e-mail messages composed, sent and received are the property of the City of Milton. (b) Professionalism At all times, users have the responsibility to use Electronic Communication Systems in a professional, ethical, and lawful manner. Users should use the same care in drafting e-mail and other electronic documents as they would for any other written communications. Users should always strive to use good grammar and correct punctuation. Anything created or stored on the Electronic Communication Systems may be reviewed by others and the quality of communications is a direct reflection upon the City. (c) Appropriate Use Personal use of the Electronic Communication Systems is a privilege that may be revoked at any time. Occasional, limited, and appropriate personal use of the Electronic Communication Systems is permitted if the use does not: 1. Interfere with the user’s work performance; 2. Interfere with any other user’s work performance; 3. Compromise the integrity of the Electronic Communication Systems; or 4. Violate any other provision of this policy or any other policy, guideline, or standard of the City of Milton (d) Inappropriate Use Under no circumstances should the Electronic Communication Systems be used for sending, transmitting, intentionally receiving, copying, or storing any communication that is fraudulent, harassing, racially offensive, sexually explicit, profane, obscene, intimidating, defamatory, or in the City’s sole opinion otherwise unlawful or inappropriate. Users encountering or receiving this kind of material should immediately report the incident to their supervisor and IT Manager. Exceptions are limited to police investigations into criminal activities, which may require the use of __________________________________________________________________________________________ Administration Chapter Page 36 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 the Internet for information and intelligence gathering. This is permissible with the prior approval of the Police Chief. Other prohibited uses of the Electronic Communication Systems, include, but are not limited to: 1. Sending chain letters; 2. Sending copies of documents, messages, software, or other materials in violation of copyright laws; 3. Compromising the integrity of the City and its business in any way; and 4. The advertisement of personal business or conducting personal business activities. (e) Misuse of Software Users who become aware of any misuse of software or violation of copyright law should immediately report the incident to the IT Manager. Files obtained from sources outside the City include files downloaded from the Internet, files attached to e-mail, and files provided by citizens or vendors. These files may contain dangerous computer viruses that can damage the City’s computer network. Users should never download files from the internet, accept e-mail attachments from outsiders, or use disks from non-City sources without first scanning the material with City- approved virus checking software. If a user suspects that a virus has been introduced into the City’s network, they should notify the IT Manager immediately. Without prior written authorization from the IT Manager, users may not do any of the following: 1. Copy software for use on their home computers or to other computers; 2. Provide copies of software to any independent contractors of the City or to any third person; 3. Install software on any of the City’s workstations or servers; 4. Download any software from the Internet or other online service to any of the City’s workstations or servers 5. Modify, revise, transform, recast, or adapt any software; and 6. Reverse-engineer, dissemble, or decompile any software __________________________________________________________________________________________ Administration Chapter Page 37 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (f) Passwords. Authorized users will be given a login name that allows access to the network. The user will have a personalized password, which should be obscure in nature and not divulged to others. Any user with knowledge of any password not their own shall report it to their supervisor immediately. No employee shall attempt any unauthorized access to the system. __________________________________________________________________________________________ Administration Chapter Page 38 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 H. SAFETY & ACCIDENT REPORTING Section 1: Policy Statement The City of Milton is committed to providing a safe workplace. In accordance with this, employees are expected to take an active role in promoting workplace safety by reporting unsafe working conditions and by noting where fire extinguishers, first-aid kits, and emergency exits are located. Additionally, employees are required to participate in identifying and correcting where possible, the underlying causes of accidents and unsafe conditions. Section 2: General Provisions (a) Employee Responsibility Employees are responsible for exercising care and good judgment in preventing accidents and for observing safety rules and procedures when performing their duties. Employees are required to: 1. Report all accidents to their supervisor immediately; 2. Report any unsafe work conditions, equipment, or practices to their supervisor as soon as possible; 3. Attend scheduled safety meetings and activities; 4. In the event of an injury resulting in lost work time, continued contact with the supervisor is required for the purpose of keeping records on the expected return to work status. (b) Equipment Repair Employees have a responsibility to report the need for repairs of any City- owned or leased property issued to the employee. No employee shall alter, repair, or in any way change, add to, or remove any parts or accessories of any City-owned or leased Property without the permission of the Department Director. Section 3: Personal Protective Equipment The City will provide directly, or through an allowance approved in the annual budget each year, items of personal protection. Supervisors will direct use of personal __________________________________________________________________________________________ Administration Chapter Page 39 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 protective items when warranted and employees are expected to comply with such direction. Operation of Vehicles (a) Vehicle Operator Qualifications. In order to operate a city-owned vehicle in the course of business, an employee must: 1. Be at least 18 years of age; 2. Have a valid Georgia Driver’s License for the class of vehicle to be driven or a valid Driver’s License from the state in which the employee resides which allows employee to legally operate a city vehicle on Georgia roads; 3. Have a record of no more than two moving citations or one moving citation and one chargeable accident within a twenty-four (24) month period; a. The Department Director or their designee will make the sole determination of whether the accident was chargeable in nature. b. Employees whose primary duty is to drive a city vehicle that do not have an acceptable driving history must be relieved of such duties and assigned to non-driving positions or non-driving duties until their 24-month record reflects and acceptable driving history. If a non-driving position is not available, the employee may be terminated. 4. Be otherwise qualified under federal and state regulations to drive the vehicle in question; and 5. Be trained and authorized to operate the vehicle. (b) Annual License Review To ensure the maintenance and validity of driver’s licenses, driving records of employees who operate city vehicles will be examined on an annual basis or as needed, as determined by the Department Director. The City will check motor vehicle records (MVR) of all applicants prior to making offers of employment. As part of the hiring process, applicants will be required to sign a written consent form allowing the City to check __________________________________________________________________________________________ Administration Chapter Page 40 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 motor vehicle records at any time prior to or during their employment. The Department Director will be responsible for collection of license copies each year and for the submittal of licenses to the Police Chief who will have the employee’s license run through GCIC for review. (c) Notification Procedures Employees who operate vehicles in the course and scope of their employment must notify their supervisor: 1. When their driver’s license becomes invalid or suspended for any reason. Such employees will immediately be prohibited from operating vehicles on City business. 2. Immediately during work hours or by the next working day if after hours, upon the receipt of any ticket or citation for any violation of state law or a local ordinance relating to motor vehicle traffic operation, except this shall not apply to parking violations received in a personal vehicle. In addition, employees must notify their supervisor when at fault in a motor vehicle crash, whether cited by the police or not, and whether on duty or off. 3. An employee who receives a citation for any violation while operatin g a City vehicle will be responsible for paying any fine or penalty incurred and will be subject to disciplinary action, up to and including termination. 4. Failure to report a citation received, whether off or on duty, may be grounds for disciplinary action, up to and including termination. (d) Operation of Vehicles Employees shall operate any vehicle used for City business in a careful and prudent manner and shall obey the laws, policies, regulations, and procedures of the city and state pertaining to such op eration. Tobacco use in City-owned or leased vehicles is prohibited. (e) Duty Restrictions A physical, mental, or driving skill impairment that cannot be reasonably accommodated that affects an employee’s ability to safely operate a motor vehicle, or failure to comply with the driver qualifications outlined in this Chapter, precludes that employee from operating any City-owned or __________________________________________________________________________________________ Administration Chapter Page 41 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 leased vehicle for city business. If the operation of a vehicle is an essential job duty, an attempt will be made to place the employee in a non- driving position. If such a position is not available, the employee will be immediately relieved of duty. If the vehicle prohibition is due to suspected physical or mental impairment, the employee will be subject to a health fitness evaluation as outlined in this handbook. (f) Passenger Restraint Systems All drivers and passengers in city vehicles are required to wear their seatbelt whether or not it is required law. The only exception will be for detainees being transported in the rear of the police vehicle if the detainee presents a risk to the officer in fastening the seat belt. The driver of the vehicle is responsible for compliance. Section 4: Accident Involvement (a) Report Required All of the following, collectively referred to throughout this Section as an “Accident,” shall be reported to the immediate supervisor by the employee involved in the event and any City employees who witness the event: 1. All injuries to an employee or other person occurring during the course of business; 2. All accidents involving city-owned or issued vehicles or equipment, whether or not occurring during the course of business; 3. All accidents involving personal vehicles or equipment used during the course of business; and 4. All property damage occurring during the course of business. (b) Employee Responsibilities Unless transported from the accident scene for medical treatment, the employee involved in a job-related accident involving a vehicle or equipment will: 1. Render aid to other parties if possible and necessary; 2. Report the Accident and any injuries immediately to local law __________________________________________________________________________________________ Administration Chapter Page 42 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 enforcement in the event of a vehicular accident; 3. Immediately notify their supervisor or designee, as soon as possible if the supervisor is not available; 4. Record the name, address, and phone number of any witnesses, and note the specifics of the Accident circumstances, if possible; 5. Be courteous, but not make or sign any statement for anyone other than the police officer responding to the scene; 6. Remain at the scene until excused by law enforcement personnel; 7. Not discuss or reveal information or provide statements to non -City personnel subsequent to the Accident. This does not prohibit cooperation with law enforcement investigations outside the City’s jurisdiction. 8. Submit to all requested post-Accident testing as directed by the supervisor or other City Management representative. (c) Administrative Accident Investigation The supervisor or other designated employees will conduct an administrative investigation into the circumstances o f the Accident and prepare a written report that includes a statement of the facts and analysis as to cause. The report will also include recommendations of any corrective action necessary to prevent recurrence of such Accidents. The City Attorney will facilitate claim/litigation management with the City’s insurance carrier. (d) Examinations and/or Tests An employee who is involved in a reportable Accident may be required to undergo examinations and/or tests as specified in the Performance of Duty Standards and Substance Abuse Testing chapters of this handbook. Section 5: Workplace Violence Policy (a) Statement of Policy The City is concerned about the well-being and personal safety of its employees and anyone doing business with the City. The City consequently strictly prohibits workplace violence. Acts of violence and/or threats of violence, whether expressed or implied toward __________________________________________________________________________________________ Administration Chapter Page 43 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 individuals in the City workplace, are prohibited and will not be tolerated. All reports of incidents will be taken seriously and will be addressed appropriately. This policy defines prohibited conduct, as well as general procedures and potential responsive steps in the unfortunate event that workplace violence occurs despite these preventive measures. In addition, unauthorized, non-city issued firearms, weapons, ammunition, or explosives on city property is strictly prohibited. (b) Scope This prohibition against threats and acts of violence (including domestic violence) applies to all persons involved in the operation of the City, including but not limited to, the City personnel, contract and temporary workers, and anyone else on city property. (c) Definition of Workplace Violence Workplace violence is any conduct that is severe, offensive or intimidating enough to make an individual reasonably fear for his/her personal safety or the safety of family, friends or property. Examples of workplace violence include, but are not limited to, threats or acts of violence or behavior that causes a reasonable fear or intimidation response that occurs on city premises, no matter what the relationship is between the City and the perpetrator or victim of the behavior or off city premises, where the perpetrator is someone who is acting as an employee or representative of the city at the time, where the victim is an employee who is exposed to the conduct because of work for the City, or where there is a reasonable basis for believing that violence may occur against the targeted employee or others in the workplace. Examples of conduct that may be considered threats or acts of violence under this policy include, but are not limited to the following: a. Threatening physical or aggressive contact directed toward another individual or engaging in behavior that causes a reasonable fear of such contact. b. Threatening an individual or his/her family, friends, associates or property with physical harm or behavior that causes a reasonable fear of such harm. c. Intentional destruction or threat of destruction of the City's or another's property. __________________________________________________________________________________________ Administration Chapter Page 44 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 d. Harassing or threatening physical, verbal, written or electronic communications, including verbal statements, phone calls, emails, letter, faxes, website materials, diagrams or drawings, gestures and any other form of communication that causes a reasonable fear or intimidation response in others. e. Stalking. Stalking is defined as a pattern of conduct over a period of time, however short, which evidences a continuity of purpose and includes physical presence, telephone calls, emails and any other type of correspondence sent by any means. f. Veiled threats of physical harm or like intimidation or statements, in any form, that lead to a reasonable fear of harm or an intimidation response. g. Communicating an endorsement of the inappropriate use of firearms or weapons of any kind. h. Unauthorized possession of weapons of any type, whether licensed or not, and particularly firearms. The only exception is local, state, and federal law enforcement officers, police or arson investigators acting in the line of duty. Weapons, include, but are not limited to:  Any weapon which, per applicable law, is legal or illegal to possess;  Any firearm, loaded or unloaded, assembled or disassembled, including pellet, "BB", and stun guns;  Knives (and other similar instruments) other than those present in the workplace for approved work purposes or for the specific purpose of food preparation and service;  Any switchblade knife;  Brass knuckles, metal knuckles, and similar weapons  Bows, cross-bows and arrows;  Explosives and explosive devices, including fireworks, ammunition and/or incendiary devices;  Throwing stars, nun chucks, clubs, saps, and any other item __________________________________________________________________________________________ Administration Chapter Page 45 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 commonly used as, or primarily intended for use as a weapon;  Self-defense chemical sprays (Mace, pepper spray) in canisters or containers larger than two ounces;  Any object that has been modified to serve as, or has been employed as, a dangerous weapon. Domestic violence is defined as a pattern of coercive tactics carried out by an abuser against an intimate partner (the victim) with the goal of establishing and maintaining power and control over the victim. Where the abuser's tactics include any of the above-described conduct on City premises, this policy applies. Where such tactics include any of the above- described behaviors off City premises, this policy applies where the abuser is someone who is acting as an employee or representative of the City at the time, where the victim is an employee who is exposed to the conduct because of work for the City, or where there is a reasonable basis for believing that violence may occur against the victim or others in the workplace. The term "intimate partner" includes people who are legally married to each other, people who were once married to each other, people who have had a child together, people who live together or who have lived together, and people who have or have had a dating or sexual relationship, including same sex couples. (d) Reporting Complaints If you observe the possession of unauthorized non-City issued weapons on City premises, or if you are subjected to or threatened with firearms by a co- worker or member of the public, or if you become aware of another individual who has been subjected to or threatened with violence, you must report this information to your supervisor or the Director of Human Resources immediately. Supervisors must report all potential violations so the Human Resources Department can handle them appropriately. Do not assume that any violation or threat is not serious. All complaints will be thoroughly investigated, and all complaints that are reported to management will be treated with as much confidentiality as possible. Emp loyees who become angry, upset, or concerned with the actions of a co-worker, supervisor, member of the public or the City in general, are encouraged to seek assistance from the Director of Human Resources. A 9-1-1 call may be appropriate first, in the good judgment of the employees or managers involved. Under this policy, decisions may have to be made quickly to prevent a threat from being carried out, a violent act from occurring, or a life-threatening situation from developing. Nothing in this policy is intended to prevent quick action to stop or reduce the risk of harm to __________________________________________________________________________________________ Administration Chapter Page 46 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 anyone, including requesting immediate assistance from law enforcement or emergency response resources. Failure to report any threats or acts of violence in violation of this policy appropriately is itself a violation of this policy, and may subject any employees involved to discipline up to and including termination. Retaliation against anyone for reporting an actual or suspected violation of this policy in good faith will not be tolerated and will subject the individual engaging in the retaliation to discipline up to and including termination. Any complaints about retaliation should be reported in the same manner as violations of this policy are to be reported. (e) What to Expect from the City All incidents of violence and threats of violence that are reported will be taken seriously and investigated. (f) City Expectations of Targeted Employees Stay Away Orders: The City reserves the right to seek orders of protection (also known as restraining orders or stay away orders) against any person who violates the Workplace Violence Policy. Additionally, employees themselves may seek and obtain orders of protection against individuals outside of the workplace. Employees so protected are obligated to immediately notify the Director of Human Resources and their supervisor if (a) an order of protection extends to the workplace; or (b) they reasonably believe that their safety (or the safety of others) in the workplace is affected by the order of protection. Employees should provide written notification of: 1. the existence of any such order and provide a copy of the order; 2. any violations or attempted violations of the order; 3. any changes to the order that affect the workplace; and 4. the order being lifted. Employees who are subject to orders of protection requiring them to stay away from or refrain from contacting other individuals who are or may be in the workplace (including emplo yees, customers, vendors and others) must immediately notify the Director of Human Resources and provide a copy of the order. __________________________________________________________________________________________ Administration Chapter Page 47 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Upon being notified of an order of protection, Human Resources will contact the reporting party to gather information about the individual and assess the situation. The City will make every effort to maintain confidentiality of such orders with the understanding that it will use the information as necessary to maintain safety in the workplace. (g) Search Policy If the City reasonably suspects that an employee either has or may have violated this policy, or that the employee possesses evidence that others pose a threat of workplace violence as defined by this policy, the City may request the individual to submit to a search of his or her person, personal effects, vehicles, and locker. In addition, the City may conduct searches of any City property including for instance work stations and areas, including desks, locker, credenzas, file cabinets, computers and computer-stored information, voicemail, email, business records, City vehicles and any other property or equipment owned by the City, at any time, without notice to or permission from affected employees, for purposes of enforcing the no violence policy. If an individual is asked to submit to a search, and refuses, that individual will be considered insubordinate and will be subject to discipline up to and including termination. Searches will be conducted by a supervisor with a second witness and may or may not be conducted in the presence of the person whose property is searched. Any weapons or evidence of violations of this policy will be confiscated, and may be turned over to law enforcement, as appropriate. Any illegal activity discovered during an inspection is subject to referral to the appropriate law enforcement authorities. (h) Assistance Programs/Services The City provides all employees and family members with a no cost Employee Assistance Program (EAP) that has professionals trained to handle domestic violence cases. These professionals provide counseling, support, and referrals. In addition, EAP is a resource for employees who want to learn more about domestic violence or find out how to help a friend, family or coworker. Many community agencies provide free services for safety planning, counseling, support groups, shelter, and legal assistance. Please contact the Human Resource Department if you need additional information. __________________________________________________________________________________________ ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Chapter II Compensation & Benefits __________________________________________________________________________________________ ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Chapter II Compensation & Benefits __________________________________________________________________________________________ Compensation & Benefits Chapter Page 3 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 II. COMPENSATION & BENEFITS A. COMPENSATION Section 1: Policy Statement The City of Milton’s compensation philosophy is to maintain a competitive pay structure for the purpose of recruiting and retaining an effective and efficient workforce. The pay structure is designed to pay employees based on what their job is worth; ensu re they appropriately move through the salary range for their classification; and recognize performance through merit pay, where applicable. The pay plan is designed to comply with federal and state law, including the Fair Labor Standard Act (FLSA). All aspects of the pay plan are contingent upon the availability of funds as determined in the sole discretion of the Mayor and City Council. Section 2: Pay System (a) Pay Period All City employees will be paid on a bi-weekly basis. The work week will begin on Saturday and end on Friday. The actual pay date will be two Fridays following the end of a pay period. When a pay date falls on an official city holiday, employees will be paid on the date preceding the holiday. (b) Direct Deposit Participation in the direct deposit program is mandatory for all city employees. All pay-related items, such as allowances and reimbursements, will flow through the regular pay cycle. An employee’s final check upon the end of employment will not be a direct deposit check, but a live check picked up in person by the employee or mailed upon request. (c) Types of Pay Other Than Base Rate 1. Overtime Pay Overtime work is work performed by a qualified employee which exceeds the regular work week, as defined in the Fair Labor Standards Act (FLSA). FLSA standard for non-public safety employees is a forty (40) hour workweek, for police shift employees, an eighty-six (86) hour bi- weekly work period and for fire shift employees, a one hundred six (106) __________________________________________________________________________________________ Compensation & Benefits Chapter Page 4 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 hour bi-weekly work period. Compensation for overtime hours shall be at time and a half for hours worked in excess of the defined work period. Vacation and sick leave will not be considered as hours worked for overtime computation purposes. 2. Compensatory Time It shall be the City’s policy to allow the accrual of Compensatory Time (Comp Time) in lieu of payment for overtime hours worked by non- exempt employees to reduce the cost of overtime wages and to assist employee productivity and effectiveness without extra cost to the City. Comp Time is defined as time off granted to a regular non-exempt employee to offset hours worked by the employee over and above those required in the normal course of employment. The accrual of Comp Time for exempt employees is not allowed. Each department may decide to utilize Comp Time. The department head is responsible for making that decision. Employees must agree to receive Comp Time in lieu of overtime payment. a. Accrual Comp Time will accrue at a rate of one and one-half hours for each hour of employment for which overtime compensation is otherwise required and where the employee has not accrued Comp Time in excess of 24 hours. Accrual of Comp Time must be approved in advance by the employee’s supervisor except in cases of emergency. Supervisors are expected to organize their projects and tasks appropriately to minimize Comp Time accruals. The maximum accrual of Comp Time is limited to 24 hours. An employee who reaches this threshold shall, for additional overtime hours of work, be paid overtime compensation. Supervisors should attempt to schedule the utilization of Comp Time as it is accrued. Comp Time cannot be accrued to the point where it would be impossible to b e utilized by the annual deadline. b. Utilization Comp Time accrued should be utilized (redeemed) at a time mutually agreeable to the employee and supervisor. This time will also be utilized with the least amount of disruption to productivity and effectiveness to minimize hardship. Use of Comp Time must be approved in advance by __________________________________________________________________________________________ Compensation & Benefits Chapter Page 5 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 the employee’s supervisor except in cases of emergency. The use of Comp time must be permitted upon employee request to use it unless to do so would unduly disrupt the employer’s operations. In the event a supervisor denies the use of Comp Time that would cause an undue disruption, the supervisor must generate written documentation to support the decision. In order to prevent the excessive accrual of Comp Time and to avoid the extra overtime liability to the city, a supervisor may compel an employee to utilize Comp Time at their discretion. Comp Time must be utilized by September 30th of each year or paid out as overtime. If an employee with accrued Comp Time is promoted to an exempt position, all accrued Comp Time will be paid out as overtime prior to the effective date of the promotion. All Comp Time earned by an employee must be used before the employee uses any accrued vacation or sick leave. 3. On-Call Status Some operational divisions in the City may designate non-exempt employees to be on-call to provide for after-hours service needs. Any on- call policy shall be determined by the applicable department head with approval of the City Manager depending upon the needs of the individual department and appropriations in the fiscal budget. a. Restricted On-Call means the time spent on-call on or away from City premises under conditions that prevent the employee from using the time for personal activities. The employee on Restricted On-Call status is required to report for any on-call assignment that arises during the applicable on-call period. This category of on-call is compensatory. Employees in a restricted on-call basis will be paid one hour per day at their regular rate and receive overtime if called to respond to an emergency. This is contingent upon Council funding annually. b. Unrestricted On-Call means the time spent on-call on or away from City premises under conditions that do not prevent the employee from using the time for personal activities. The employee on unrestricted on-call status may choose to report for an on-call assignment but is not required to do so. Unrestricted on-call status is not compensatory, except for such time actually worked, should the employee report for __________________________________________________________________________________________ Compensation & Benefits Chapter Page 6 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 an on-call assignment. 4. Call Back Pay A call back occurs when there is an emergency or after hours service need for which an employee reports to work as a result. A call back does not include additional hours of work scheduled in advance. a. An employee responding to a call back will be paid the greater of two hours or the actual time worked on the call back assignment at their overtime rate. b. Travel time is included in the calculation of call back hours. c. Exempt employees are not eligible for call back compensation. d. If any employee is directed back to work on a call back, no vacation or sick time utilized during same pay period will off-set overtime payment. 5. Acting Status Pay Employees who are temporarily re-assigned to perform the duties of a higher classification for thirty (30) consecutive days or more may receive a compensation increase for the duration of the temporary assignment. The appropriate increase shall be recommended by the Director of Human Resources, but at no time should be less than the minimum pay range for the temporary assignment classification. 6. Final Pay Upon end of employment, employees will be paid at their base rate for accrued vacation leave hours up to a maximum of 240 hours. Employees with less than 12 months active full-time service are not eligible for pay-out of any accrued vacation. Note: Sick Leave is not payable upon any separation from the City. Section 3: Compensation Plan (a) Pay Plan __________________________________________________________________________________________ Compensation & Benefits Chapter Page 7 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 The City will maintain a Classification and Pay Plan, including a complete inventory of all positions in the City’s service and an accurate description and specification for each grade of employment. The plan will standardize titles, by categorization of every job by class on the basis of similarities in duties, responsibilities, each of which are indicative of a definite range of duties and responsibilities and has the same meaning throughout assigned departments. The Classification and Pay Plan will be designed to provide equal pay for equal work and to provide a pay range for each grade of positions, which will enable the City to recruit and retain qualified employees, as well as compete in the job market with other public employers. All aspects of the pay plan are contingent upon the availability of funds as determined in the sole discretion of the Mayor and City Council. (b) Administration The primary responsibility for day-to-day administration of the Classification and Pay Plan rests with the City Manager or designee, as follows: 1. The Director of Human Resources is charged with the maintenance of the Classification and Pay Plan and its administration so that it will reflect the duties performed by each employee and the grade to which each position is allocated. 2. It is the responsibility of the Director of Human Resources to examine the nature of the positions as they are created and to allocate them to an existing grade in conformity with this section; to make such changes as are necessary in the duties and responsibilities of existing positions; to develop forms and to provide vital information when deemed necessary to determine the proper grade classification of each position; to periodically review the entire Classification and Pay Plan; and recommend appropriate changes in the plan. 3. The Director of Human Resources will facilitate the requests for newly authorized positions or changes in duties of an existing position change. The department director must submit a Position Review Request to Human Resources. The Director of Human Resources will investigate the actual or suggested duties and make a report to the City Manager or designee for approval. Ultimate approval for new positions shall be by the Mayor and City Council. (c) Use of the Classification & Pay Plan __________________________________________________________________________________________ Compensation & Benefits Chapter Page 8 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 The Classification and Pay Plan is to be used as: 1. As a guide in recruiting and evaluating candidates for employment; 2. In determining lines of promotion and in developing employee training programs; 3. In determining salary to be paid for various types of work; 4. In providing uniform job terminology understandable to all City officials and employees and by the public; 5. The official job title represented on the Classification and Pay Plan should be used in all personnel, accounting, budget, appropriation, and financial records. No person will be appointed to or employed in a position in the City service under a title not included in the Classification and Pay Plan and approved by the Mayor and City Council; 6. Other job titles may be used in the course of departmental routine to indicate authority, status in the organization and/or administrative rank; 7. It should be general practice for newly hired employees to be hired at the minimum pay rate of the applicable grade for the position. The City of Milton recognizes that in some instances it may be necessary to hire employees above the minimum pay rate of the applicable grade for the position. Department Directors shall have the latitude to hire personnel without other approvals up to the midpoint of the position as long as budget is available to do so. Department heads should be mindful of internal equity when extending offers above the minimum. Salary offers beyond the midpoint must be approved by the Director of Human Resources, Director of Finance and the City Manager. (d) Maintenance of Pay Ranges The City Manager or designee may make or cause to be made such comparative studies as he or she deems necessary of the factors affecting the level of salary ranges prior to the preparation of the annual budget, as well as at other times during the year. On the basis of information derived from such studies, the City Manager or designee may make recommendations for changes in salary ranges as deemed necessary to maintain the fairness, adequacy, and competitiveness of the overall salary structure. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 9 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Section 4: Changes in Salary (a) Performance Reviews The job performance of all employees will be reviewed periodically to determine if salaries should be adjusted, if job descriptions should be revised, or if jobs need to be reclassified. (b) Salary Increases for Performance Subject to annual budget appropriation, each department may be allocated a pool of merit dollars to be distributed by a percentage basis on a formula derived from the performance evaluation results. The City Manager reserves the right to make additional pay adjustments as necessary for business operations. (c) Salary Changes Due to Promotions The pay for employees receiving a promotion will be the greater of either the minimum of the pay grade of the promoted position or a five (5) percent increase. The City Manager may allow a greater increase in order to address any internal equity issue. (d) Salary Changes Due to Reclassification The pay for an employee whose position is reclassified to a higher pay grade w ill be upon the recommendation of the department director placed at least the minimum of the higher position and not to exceed a five percent increase if the existing salary already exceeds the minimum rate for the higher position . The pay for an employee whose position has been reclassified to the same or lower pay grade will not change. (e) Salary Changes Due to Demotion The pay changes for employees receiving a demotion will be as follows: 1. Demotions Based on Performance The pay for employees receiving a demotion will be five (5) percent decrease in pay. At the department heads request, the City Manager may allow a __________________________________________________________________________________________ Compensation & Benefits Chapter Page 10 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 greater or lesser decrease in order to address any internal equity issue. 2. Voluntary Demotions (not performance based) The salary of an employee who voluntarily demotes to a position in a lower pay grade based on a personal decision to do so will be determined upon the recommendation of the department director. 3. Involuntary Demotions (not performance based) The salary of an employee who has been involuntarily demoted due to business needs or for accommodation purposes and not based on performance will not experience any change in pay. (f) Other Salary Increases The City Manager reserves the right to make additional pay adjustments as necessary for business operations provided that funds are available. (g) Employees at Maximum of Pay Range (Modified January 2013) As part of the City’s pay plan, pay ranges are established based on market rates. Each range will consist of a minimum and maximum, except for department heads whose range will be considered open. Should an employee’s pay rate reach the maximum of their assigned pay range, and a pay increase is offered to employees as part of the annual fiscal year budget (merit, market or across-the-board), effected employees will receive any increase, if applicable, over the maximum of their range as a quarterly lump sum payment starting as of the on the date coinciding with the budget. In such a case, the employee’s pay rate shall not be adjusted, but the City shall take into account any such lump sum payment for purposes of computing overtime as applicable under the Fair Labor Standards Act. B. EMPLOYEE BENEFITS – LEAVE TYPES Formatted: Justified Formatted: Justified __________________________________________________________________________________________ Compensation & Benefits Chapter Page 11 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Section 1: Policy Statement The City of Milton believes that employees should have the opportunity to enjoy time away from work to help balance their work and personal lives. City management recognizes that employees have diverse needs for time off from work. Because of this, the City has established leave practices to address the balance, as well as to protect the financial well-being of employees during certain absences from work. Employees are accountable and responsible for managing their own leave balances to allow for adequate reserves if there is a need to cover unanticipated events requiring time away from work. Section 2: Overview of Requirements & Restrictions (a) General Provisions Except as provided otherwise in this chapter, the following apply to all paid leave benefits: 1. Approval of leave is subject to operational requirements of the department and any request for paid leave may be denied or rescheduled due to staffing needs; 2. Paid leave cannot be advanced; 3. All requests for leave must be submitted in writing using the leave request form with as much notice as possible; 4. Except for military leave, an employee in an unpaid leave status will not accrue vacation or sick leave hours. This will not, however, constitute a break in service for accrual rate purposes; 5. Non-exempt employees shall record paid leave in quarter hour increments; 6. Exempt employees shall record paid leave in whole day increments; exceptions to this must be approved by the Human Resources Department. (b) Unpaid Leave Status Unpaid leave will not be approved under normal circumstances. All requests for leave without pay must be approved by the City Manager or designee. Vacation and sick leave will not be accrued during leave without pay status. Please note that while an employee is on leave of absence without pay, there is no job __________________________________________________________________________________________ Compensation & Benefits Chapter Page 12 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 protection by the City, except as required by law. Employees may continue, at their sole expense, their group health insurance coverage while on leave of absence without pay. In order to continue coverage, the employee must contact the Director of Human Resources to arrange for documentation and payment of premiums. The exceptions to these provisions are leave granted as Family Medical Leave and Military Leave as specified later in this chapter. Section 3: Vacation Leave Exempt employees take vacation and sick leave hours in whole day increments only; exceptions to this must be approved by the Human Resources Department. (a) Eligibility It is the policy of the City to provide paid vacation for eligible employees. Employees are not entitled to “cash out” accrued leave outside the end of the employment process. Vacation leave is accrued and granted to: 1. Regular full-time, police and fire shift employees, and regular part-time employees are considered eligible employees; 2. Eligible employees while on authorized paid vacation leave will continue to accrue vacation leave hours; 3. Eligible employees can take leave immediately once hours have been accrued and approved by department management; 4. Pay for vacation leave shall be at the employee’s regu lar rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s vacation period. (b) Vacation Leave Accrual Rate. 1. All eligible employees hired December 1, 2006 through June 30, 2007, will receive credit for years of experience based on relevant previous employment, retroactive back to the date of hire. For these purposes, years of service is defined as any job-related experience that is directly related to the employee’s job description (referred to as the “Accelerated Leave Accrual”); 2. Employees receiving the above-mentioned accelerated leave accrual will remain in the assigned accrual level until the actual years of service have been __________________________________________________________________________________________ Compensation & Benefits Chapter Page 13 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 attained for moving to the next accrual level; 3. Employees hired after June 30, 2007, will accrue vacation hours based on their hire date with the City, unless approved at a higher rate by the City Manager; 4. All eligible employees accrue vacation leave hours on the following basis: The accrual rate increases on the first day of the pay period that includes the employees’ anniversary date. 5. The following chart reflects the accrual rates for city employees: __________________________________________________________________________________________ Compensation & Benefits Chapter Page 14 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Years of Service Hours Per Biweekly Pay Period Hours/Year Up to 1 Year 3.7 96 1 thru 4 years 5.54 144 5 thru 9 years 6.46 168 10 thru 14 years 7.4 192 15 or more 9.23 240 Up to 1 Year 1.85 48 1 thru 4 years 2.77 72 5 thru 9 years 3.23 84 10 thru 14 years 3.7 96 15 or more 4.6 120 Up to 1 Year 11.08 288 1 thru 4 years 16.62 432 5 thru 9 years 19.38 504 10 thru 14 years 22.15 576 15 or more 27.69 720 Up to 1 Year 5.54 144 1 thru 4 years 8.31 216 5 thru 9 years 9.69 252 10 thru 14 years 11.08 288 15 or more 13.85 360 Regular Full-time Employees Regular Part-time Employees Police Shift Employees Fire Shift Employees (c) Use and Scheduling of Vacation Leave __________________________________________________________________________________________ Compensation & Benefits Chapter Page 15 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 1. Whenever possible, employees will be allowed to take vacation at times most convenient to them. However, in order to ensure continued smooth operation and maintain a high level of quality in the delivery of service to the citizens of Milton, the City reserves the right to limit the number of employees that may be absent from a given department at any one time. Where there is a conflict in the vacation choices of two (2) or more employees who cannot be spared at the time, the department management will determine who will take leave; 2. When a holiday occurs during the period an employee is on authorized vacation leave with pay, vacation shall not be charged for the holiday; 3. Eligible employees will be allowed to carry over vacation hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s vacation leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Regular Full-time Employees 240 Part-time Employees 120 Fire Shift Employees 318 Police Shift Employees 252 Maximum Vacation Hours Carry Over Per Year Section 4: Sick Leave (a) Eligibility It is the policy of the City to provide sick leave with pay for eligible employees. Sick leave is a privilege and may be used only when an employee or member of an employee’s family is incapacitated due to personal illness or injury or has a medical/dental appointment. 1. Regular full-time, police and fire shift employees, and regular part-time employees are deemed eligible employees for sick leave purposes; 2. Eligible employees while on authorized paid sick leave will continue to accrue vacation leave hours; __________________________________________________________________________________________ Compensation & Benefits Chapter Page 16 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 3. Eligible employees can take leave immediately once hours have been accrued and approved by department management; 4. Pay for sick leave shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s sick leave period. (b) Sick Leave Accrual Rate 1. All eligible employees will accrue sick leave hours per pay period based on the type of employee. The accrual will begin immediately upon hire. Years of Service Hours Per Biweekly Pay Period Hours/Year Regular Full-time Employees 2 52 Regular Part-time Employees 1 26 Fire Shift Employees 6 156 Police Shift Employees 3 78 Regular Full-time Employees 2. Eligible employees will be allowed to carry over sick hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s sick leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Regular Full-time Employees 40 Regular Part-time Employees 20 Fire Shift Employees 53 Police Shift Employees 42 Maximum Sick Leave Hours Carry Over Per Year (c) Use of Sick Leave Sick leave may be used for appointments for medical or dental examinations or treatment when such appointments cannot be reasonably scheduled during non- working hours. Examination appointments must be approved at least one (1) work day in advance, by the department director or designee. Sick leave can also __________________________________________________________________________________________ Compensation & Benefits Chapter Page 17 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 be used for unplanned sick absences. In unplanned circumstances, an employee should make every attempt to report to their supervisor within thirty (30) minutes of the scheduled starting time the reason for absence. Public Safety may develop internal rules that establish stricter reporting standards. (d) Payment of Sick Leave Sick leave accruals are not payable upon separation from the city. Section 5: Vacation and Sick Leave Accrual Rates under the 2013 Leave Plan – (modified January 2013) (a) Vacation Accrual Rates The following chart reflects the vacation accrual rates for city employees who are hired on or after January 1, 2013 or current employees who opt into this plan referred to as the 2013 Leave Plan: __________________________________________________________________________________________ Compensation & Benefits Chapter Page 18 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Years of Service Hours Per Biweekly Pay Period Hours/Year Up to 1 Year 3.7 96 1 thru 4 years 5.54 144 5 thru 9 years 6.46 168 10 thru 14 years 7.4 192 15 or more 9.23 240 Up to 1 Year 1.85 48 1 thru 4 years 2.77 72 5 thru 9 years 3.23 84 10 thru 14 years 3.7 96 15 or more 4.6 120 Up to 1 Year 4.9 127.2 1 thru 4 years 7.34 190.8 5 thru 9 years 8.57 222.6 10 thru 14 years 9.79 254.4 15 or more 12.24 318 Up to 1 Year 3.88 100.8 1 thru 4 years 5.82 151.2 5 thru 9 years 6.79 176.4 10 thru 14 years 7.76 201.6 15 or more 9.7 252 Regular Full-time Employees Regular Part-time Employees Police Shift Employees Fire Shift Employees (b) Sick Leave Accruals Rates Employees hired on or after January 8, 2013 will not accrue sick leave. (c) Current Employee Opt-In Formatted: Underline Formatted: Underline __________________________________________________________________________________________ Compensation & Benefits Chapter Page 19 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Current active full-time employees will have the ability to voluntarily opt-into the 2013 Leave Plan as long as they notify the Human Resources Department within 60 days of adoption of this amendment by the City Council. After opting into this 2013 Leave Plan, the employee will not be able to revert to any prior leave accrual policies. Election to participate in the 2013 Leave Plan shall be final. (d) Sick Leave Usage Despite the City not allowing the accrual of sick leave under the 2013 Leave Plan, the City will continue to compensate employees for being sick. Under the 2013 Leave Plan, sick leave will be granted for illness, injury or short term care of an immediate family member initially in coordination with the City’s short-term disability plan. Thereafter, at the point that the city’s short-term disability plan requires application for coverage, the continuation of sick leave must be approved for short-term disability coverage or the sick leave will be terminated, absent exigent circumstances as approved by the Human Resources Director or as required under the Americans with Disabilities Act. . An employee may use sick leave from their initial date of illness for as long as the employee is eligible for short-term disability. Supervisors and Department Heads will be responsible for monitoring abuse of this sick leave benefit, and employees shall be subject to disciplinary action for any abuse of the sick leave benefit under the 2013 Leave Plan . (e) Vacation Leave Carry Over Employees under the 2013 Leave Plan will be allowed to carry over vacation hours from one calendar year to the next according the chart below. O n December 31st of each year, the employee’s vacation leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 20 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Regular Full-time Employees 240 Part-time Employees 120 Fire Shift Employees 318 Police Shift Employees 252 Maximum Vacation Hours Carry Over Per Year (f) Increased Pay-Out at Termination Employees under the 2013 Leave Plan will be compensated for accrued vacation hours upon separation of employment based on the following table: 1.(g) Vacation Buy-Back As an incentive to decrease employee absenteeism and abuse of sick leave for employees under the 2013 Leave Plan, the City will offer a vacation buy- back program to all employees using 24 hours of sick leave or less each year. The City will buy back up to 32 hours of vacation leave for employees who have 5 or more Hours worked Maximum hours of accrued vacation at separation Employees scheduled 2080 hours per year 240 Police Employees scheduled 2184 hours per year 252 Fire employees scheduled 2756 hours per year 318 Formatted: Numbered + Level: 4 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81" __________________________________________________________________________________________ Compensation & Benefits Chapter Page 21 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 years of service and 16 hours of vacation leave for employees with less than 5 years of service. Employees must have accrued the requested number of vacation leave hours they wish to sell back in order to qualify. Section 6: Other Leave Types (a) Bereavement Leave 1. Employees may be granted up to 24 hours of bereavement leave with pay upon death of a member of the employee’s immediate family. Immediate family is defined in the definition section. 2. Employees must request bereavement leave by contacting their supervisor prior to the leave period. 3. There is no accumulation of bereavement leave and no payment upon separation from city employment. Hours do not have to be taken simultaneously. (b) Civil Leave 1. Jury Duty. All regular full-time employees selected for jury duty shall be entitled to receive civil leave with pay for the period of absence. An employee shall not be entitled to fees received as a juror and should ask the court not to compensate them for being on jury duty. An employee may be required to present a statement from the court indicating jury service. 2. Official Court Attendance All employees subpoenaed or ordered to attend court to appear as a witness or to testify in some official capacity on behalf of the City are considered to be working. Any fees paid for such services will be returned to the City. Employees who are subpoenaed, ordered to appear, or otherwise voluntarily participating in a Court appearance or judicial process other than as specifically identified herein shall not be entitled to leave with pay, but must take vacation leave. 3. Military Leave __________________________________________________________________________________________ Compensation & Benefits Chapter Page 22 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Employees are entitled to military leave in accordance with state and federal law. An employee going on military leave should present a copy of their official orders to the Director of Human Resources and department management as soon as received or they may fill out a Military Leave Verification form (c) Family Medical Leave Pursuant to the federal Family and Medical Leave Act, (“FMLA”), 29 U.S.C. §2601, et seq., employees may be eligible for a family and/or medical leave of absence for up to twelve (12) weeks of paid or unpaid leave in any twelve -month period for one or more of the following:  the birth, adoption, or placement of a child;  the serious medical condition of a parent, spouse, or child; or  the employee’s own serious medical condition that prevents him/her from performing the functions of his/her job. For purposes of this Section, a “12-month period” means a rolling twelve (12) months measured backward from the date the employee uses any FMLA leave. If the provisions in this Handbook conflict or come into conflict with the FMLA as it presently exists or is amended from time to time, the provisions contained in the FMLA shall control. 1. Eligibility To be eligible for leave, an employee must have been working for the City of Milton for at least twelve months and must have worked at least 1,250 hours during the twelve-month period prior to the request for leave. Eligible employees under FMLA shall be entitled to leave upon the conditions and limitations of FMLA. 2. Concurrent Utilization of Paid Leave and/or Compensatory Time An employee requesting leave pursuant to the FMLA is required to utilize all accrued personal leave and/or compensatory time available as part of the 12- __________________________________________________________________________________________ Compensation & Benefits Chapter Page 23 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 week leave period. If the available paid leave for the employee is less than twelve working weeks, the additional weeks of leave necessary to obtain the twelve work weeks of leave available under the FMLA shall be provided without compensation. In any event, any combin ation of personal leave, compensatory time, and/or unpaid family and medical leave shall not exceed twelve (12) weeks. Use of personal and/or compensatory leave, or any combination thereof, must be used concurrently with FMLA leave. FMLA requests will be retroactively dated to the beginning of the current personal and/or compensatory leave, or any combination thereof in the event that the paid leave is commenced prior to the request for FMLA leave. Regardless of paid or unpaid FMLA leave, the employee will receive holiday compensation for the holidays recognized by the City set forth in this Handbook. 3. Concurrent Worker’s Compensation and FMLA Leave An employee qualifying for Worker’s Compensation Leave must run any requested FMLA leave concurrently with that of all concurrent and/or intermittent Worker’s Compensation Leave. The employee must elect to use either worker’s compensation benefits or paid leave during the FMLA period. 4. Intermittent Leave or Reduced Schedule Leave Leave for childbirth, adoption, or foster care may not be taken intermittently or on a reduced schedule. Leave for a serious health condition of a qualifying family member or of the employee may not be taken on an intermittent basis or on a reduced leave schedule unless medically necessary. The taking of any leave intermittently or on a reduced schedule basis shall reduce the total amount of FMLA leave that has been approved for the eligible employee according to the actual hours of leave taken. For example, if an eligible employee takes ten (10) hours of leave intermittently over twenty (20) business days, the employee’s bank of available FMLA leave will be reduced only by ten (10) hours and not by twenty (20) days. If an eligible employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the Director of Human Resources may require the employee to transfer temporarily to an available equivalent position for which the employee is qualified that better accommodates recurring periods of absence. 5. Spouses Employed by Same Employer __________________________________________________________________________________________ Compensation & Benefits Chapter Page 24 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 In any occasion in which a husband and wife are eligible for leave under the FMLA and are both employed by the City, the aggregate number of work weeks of leave to which both may be entitled may be limited to twelve (12) work weeks during any 12-month rolling period, in the case where leave is taken for childbirth, adoption, foster care, or to care for a sick parent. 6. Foreseeable Leave In any case in which the necessity for leave under the FMLA is foreseeable, based on an expected birth or placement of a child or based on planned medical treatment or supervision, the employee shall provide the Director of Human Resources with written application for the requested leave and certification no less than thirty (30) days before the date the leave is to begin. In a case where the necessity for leave is based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider and shall provide the Director of Human Resources with at least thirty (30) days notice before the date the leave is to begin, except that if the date of the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. 7. Certification of Serious Health Conditions An eligible employee, who requests leave for a serious health condition of the employee or a qualifying family member, shall submit certification from an appropriate health care provider to the Director of Human Resources when requesting leave. Certification shall be sufficient if it states: a. the date on which the serious health condition commenced; b. the probable duration of the treatment or condition; c. the appropriate medical facts within the health care provider’s knowledge; and d. the estimated amount of time the employee needs to care for the qualifying family member or a statement of the extent to which the employee is __________________________________________________________________________________________ Compensation & Benefits Chapter Page 25 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 unable to perform the essential functions of the employee’s position. In any case in which the Director of Human Resources has reasonable doubt as to the validity of the certification, the Director of Human Resources may require the employee to obtain the opinion of a second health care provider at the expense of City. In any case in which the second opinion differs from the original certification, the Director of Human Resources may require the employee to obtain the opinion of a third health care provider designated or approved jointly by the Director of Human Resources and the employee at the expense of the City. The opinion of the third health care provider shall be considered to be final and shall be binding on the City and the employee. The Director of Human Resources may also require that the employee obtain subsequent re-certification on a reasonable basis. 8. Accruals and Benefits during FMLA Leave An employee on unpaid FMLA leave shall not be entitled to the accrual of any seniority or employment benefits during the period of unpaid FMLA leave, including but not limited to, the accrual of personal leave. The employee, while on paid FMLA leave, is entitled to accrue personal leave during the periods of paid FMLA leave. For the purposes of pension or retirement plans, any period of FMLA leave will be treated as continuous service for the purposes of vesting and eligibility to participate. FMLA time will not be counted as part of an employee’s probationary p eriod, but will be added to the remaining probationary period, extending the ending date of the probationary period. During any period of leave, City will maintain any health insurance provided by City to the employee for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. 9. Appeals of Denials In the event that the Director of Human Resources denies in whole or in part a request for leave pursuant to the FMLA, an employee has the right to appeal that decision consistent with the following procedures. Any such appeal from an employee must be filed within three (3) working days following receipt of the denial decision from the Director of Human __________________________________________________________________________________________ Compensation & Benefits Chapter Page 26 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Resources. The written notice of appeal shall include the request for the leave and all supporting documentation provided to the Director of Human Resources. The appeal shall be filed with the City Manager who has the authority to amend or reverse the decision of the Director of Human Resources. Failure of the employee to appeal within three (3) working days shall result in forfeiture of any further right of appeal of a denial. The City Manager shall review the record of the appeal and shall, within five (5) working days, issue a final determination. The decision of the City Manager shall be final. 10. Return to Duty from FMLA Leave As a condition for return to duty, the employee may be required to provide certification from the employee’s health care provider that the employee is able to resume work. Upon expiration of the period of leave pursuant to the FMLA, the employee shall be returned to his/her former position or a position of equal grade and pay, provided that the employee has complied with the terms of the leave and reported for return of duty at the appropriate time. While the employee shall be restored to a position of employment without loss of employment benefits accrued prior to the date on which the leave commenced, the employee shall have no greater rights than those in effect prior to the commencement of the leave. An exception to the employment restoration provisions of the policy may be made if the employee on leave is a salaried employee and is among the highest paid ten percent (10%) of the City’s employees and restoring employment of the employee would result in substantial and grievous economic injury to the City. A doctor’s release may be required if the employee is returning from a medical leave of three or more days. 11. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 __________________________________________________________________________________________ Compensation & Benefits Chapter Page 27 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. 12. Procedures Employees must follow specific procedures to request a family or medical leave. These procedures are as follows: a. Complete the request for Family Medical Leave of Absence on the approved form available from the Director of Human Resources. b. The form must be signed by the employee and submitted to their Supervisor. The Supervisor will then submit the approved form to the Department Head. When possible, the form should be submitted by the employee thirty (30) days in advance of the effective date of the leave. c. Employees requesting family and medical leaves of absence due to illness must complete a leave certification requirements form, available from the Director of Human Resources. d. The employee must submit a completed request for Family Medical Leave of absence form along with a leave policy form. e. To request leave for the care of a child, parent, or spouse with a serious health condition, the employee must provide certification from the health care provider who is treating the child, parent, or spouse, including the date on which the condition commenced; the probable duration of the condition; the appropriate medical facts regarding the condition; an estimate of the time needed to care for the individual involved (including any recurring medical treatment); and a statement that the condition warrants the health care provider’s involvement. f. To request leave due to an employee’s serious health condition, the employee must provide certification from a licensed health care provider who is treating their own serious health condition as set forth herein. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 28 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 g. To request intermittent or a reduced leave schedule, the employee must provide the following additional information from the health care provider: 1) for leave for the employee, the employee must provide a statement of medical necessity for their intermittent or reduced leave, the expected duration of the schedule, a listing of the dates of their planned medical treatment and the duration of the treatment(s), 2) For leave to care for a son, daughter, spouse or parent, the employee must provide a statement attesting to the necessity of intermittent or reduced leave for the employee to provide care or to assist in the person’s recovery, and an estimate of the expected duration and schedule of their intermittent or reduced leave. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 29 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (d) Administrative Leave A Department Head, the Director of Human Resources, or their respective designee, with notification to the Human Resources Department, may place an employee on Administrative Leave when an employee is being investigated by City for possible misconduct or by a law enforcement agency for possible violation of a criminal law or in any instance where it is considered to be in the interest of City and/or the employee. In addition, written notification must be provided by the official who placed the employee on Administrative Leave to the Finance Department with instructions that the leave shall be with pay. Administrative Leave shall be with pay for the initial 14 calendar days of the Administrative Leave period. Every effort shall be made to complete the investigation within the initial period. At the expiration of the initial ten -day period, if the investigation has not been completed, the employee may be placed on Administrative Leave without pay for an additional 21 calendar days upon written notification to the Human Resources Department by the official who placed the employee on Administrative Leave. At the conclusion of the 21 day unpaid Administrative Leave period, if the investigation has not been concluded, an extension may be considered or the employee may be terminated. The purposes of Administrative Leave are to provide an investigatory opportunity or to relieve the employee of his/her duties when it is deemed in the best interest of the City and the employee. Designation of the leave as “administrative leave” is to prevent any possible stigma against an employee during a period of Administrative Leave. Notice of the conclusion of the Administrative Leave period shall be provided in writing to the employee by the applicable Department Head with copies of the written notice provided to the Director of Human Resources. The decision to place an employee on Administrative Leave is entirely discretionary. Certain acts of misconduct or criminal arrests may be more suitable for immediate termination as determined by the Department Head and the Director of Human Resources. (e) Leave Due to City Office Closure __________________________________________________________________________________________ Compensation & Benefits Chapter Page 30 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 In the event of hazardous weather, or other occurrence resulting in the closure of the City offices, all employees who are scheduled to work during the period for which the City is officially closed will be paid. Full-time employees shall be paid closure pay according to hours worked in their regularly scheduled shifts. Part- time employees shall be paid for four (4) hours of pay. Temporary and seasonal employees shall not be paid. If questionable weather exists, but the City is open for business, employees should make their own independent safety determinations concerning travel to work. If the employee elects not to attend work due to safety concerns when the City is open for business, the employee’s absence will be charged against any accrued personal leave or compensatory time. If no such accrued leave exists, the employee will not be compensated. Public Safety employees are expected to monitor weather conditions and report to work as scheduled. If a non-exempt employee who is not a public safety employee is called into work when the City is officially closed, it is considered a call-out for emergency reasons and the employee shall be compensated for time and one-half of his/her regular rate for hours actually worked in the form of over-time for non-exempt employees and compensatory time for exempt employees. If the employee is not called into work, but reports to work during the period of time that the City is officially closed, the employee will be paid at his/her regular rate of pay. (f) Holidays The City observes the following holidays: New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday - Assigned by City Manager Floating Holiday – Employee’s Birthday __________________________________________________________________________________________ Compensation & Benefits Chapter Page 31 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 When a holiday falls on a Saturday, the preceding Friday shall be declared a holiday for city employees. When a holiday falls on a Sunday, the following Monday shall be declared a holiday for city employees. The birthday floating holiday must be taken within a month of the employee’s birthday. The City Manager will designate the floating holiday on a year -by-year basis. A non-exempt employee who is required to work on an official city holiday will be paid at two times their hourly rate for the hours worked during the actual holiday. A non-exempt shift employee scheduled off on an actual calendar holiday will be paid a holiday equalization of eight (8) hours. All shift employees will receive a minimum of eight (8) hours of holiday pay, whether on-shift, through holiday equalization, or a combination of the two. An exempt employee who is assigned to a shift on an official city holiday will receive an additional 8 hours of holiday equalization pay regardless if they worked the holiday or not. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 32 Group Benefit Plans ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 C. GROUP BENEFIT PLAN Section 1: Policy Statement It is the policy of the City of Milton to provide its employees with various insurance, retirement and educational assistance benefits. The benefits plan is designed to provide a supplemental package of programs which contribute to the physical and mental health and well- being of the employee and their dependents. The plan is designed to enhance the attractiveness of working for the City and to aid the City’s competitiveness in recruitment and retention efforts. Section 2: General Provisions (a) Administration The primary responsibility for the day-to-day administration of the benefits plan shall rest with the Director of Human Resources within the limits of these policies and procedures, as well as the actual plan documents that govern the particular benefit. Availability of benefit packages, questions on benefits, and employee discussion regarding benefits can be obtained from the Director of Human Resources. (b) Eligibility Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement shall include regular full-time, police and fire shift employees. 1. Employee contributions deducted via payroll will begin concurrent with employee eligibility. 2. Benefit eligibility will expire at the end of the last day of the month that the employee worked for the city. 3. All employees, elected officials and police and fire volunteers shall be covered by worker’s compensation and have access to the Employee Assistance Program. (c) Benefits Continuation __________________________________________________________________________________________ Compensation & Benefits Chapter Page 33 Group Benefit Plans ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City of Milton’s health plan for a certain period of time provided by law when a qualifying event would normally result in the loss of eligibility. Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the City of Milton’s group rates , plus an administrative fee established by the City. Certain deadlines and application requirements will apply. Please consult the human resources department if you wish to apply for COBRA benefits. Section 3: Benefits Offered. The City of Milton intends to provide a comprehensive benefit package to aid the recruitment and retention of staff. Benefits will include but not be limited to: health insurance, life insurance, retirement, long-term and short-term disability, and tuition reimbursement. We will annually publish a document that details our benefit plans. The actual plan documents, rather than any summary statements in this Chapter, should be relied upon in determining an employee’s rights and obligations. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 34 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 D. WORKER’S COMPENSATION Section 1: Policy Statement It is the intent of the City of Milton to comply with the provisions of the Worker’s Compensation Laws of the State of Georgia. All City of Milton employees and elected officials who are injured on the job are protected by the Georgia Worker’s Compensation Act. The provisions of this act are the exclusive remedy for employees injured on the job and provide benefits and procedures for obtaining benefits for occupational injuries and diseases arising out of and in the course of an employee’s employment with the City of Milton. Section 2: General Provisions (a) Definition “Injury” shall be defined as provided for in O.C.G.A. § 34-9-1. (b) Responsibility Worker’s compensation can be a very complex environment if proper procedures are not followed. Specific responsibilities lie with the Human Resources department, all supervisors and the employee. 1. Human Resources The Director of Human Resources is responsible for the management of the City’s worker’s compensation program in accordance with the provisions of the Georgia Worker’s Compensation Act and other Federal, state, or local regulations. The Director of Human Resources is responsible for timely submission of the First Report of Injury form to the State and for all other Worker’s Compensation records, files and reports. The Director of Human Resources will, in accordance with the law and applicable City policies and procedures, determine the continuing employment status of employees who are out of work on Worker’s Compensation. An employee out of work on Worker’s Compensation who does not return to work when released to do so by a qualified physician may be terminated. 2. Supervisors City of Milton supervisors are responsible for assuring their employees report all on-the-job injuries to them immediately or as soon as possible following __________________________________________________________________________________________ Compensation & Benefits Chapter Page 35 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 the occurrence of the injury. Supervisors will ensure that a written report of the injury is completed and turned into the Department Head who will then forward it to the Director of Human Resources within the twenty-four hour time period. 3. Employees All City of Milton employees are required to report all on-the-job injuries to their supervisor immediately when possible, but in all cases no later than twenty-four (24) hours after the occurrence of the injury. The employee is obligated to cooperate with the worker’s compensation program directives and activities and any fraudulent activity will be grounds for termination. Section 3: Procedures (a) An employee injured on the job must report the injury to their supervisor immediately, on the forms prepared and provided by the Director of Human Resources. (b) The employee’s supervisor must follow the appropriate procedures prescribed for reporting the injury which includes completion of the First Report of Injury form and the Supervisor and Employee Statement forms. (c) Treatment of the injury shall be provided at one of the designated medical facilities that are posted at each work site and the employee must select a doctor from the approved panel of physicians provided by the city. In an emergency, the employee may receive medical care from any doctor until the emergency is over, then the employee must obtain treatment from a doctor on the City’s approved panel of physicians. The City reserves the right to refuse payment of medical services for any employee examined by a physician not listed on its approved panel of physicians. (d) An employee injured by an accident arising out of or in the course of employment shall not be charged for any absence from duty due to the injury on the day of the injury. (e) There is a seven calendar day waiting period before worker’s compensation benefits are due. The seven-day waiting period includes those days the employee would not have worked even if there has been no injury. The City of Milton will compensate employees during this seven day waiting period. The employee will __________________________________________________________________________________________ Compensation & Benefits Chapter Page 36 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 not have to use their accrued sick or vacation leave in the event of a worker’s compensation injury during those first seven days. The employee is eligible to receive medical benefits during the seven-day waiting period. Beginning with the first day after an on-the-job injury and continuing through the seventh day following the injury, the injured employee may elect to be compensated by using their available sick or vacation balance. However, if the disability lasts for 21 consecutive days, compensation is retro-active for the first seven days. The first seven days of disability are not reimbursable unless the employee is disabled more than the 21 consecutive days. If the employee is reimbursed from the state for the initial seven day period, he/she will be responsible for returning that money to the City. (f) Beginning with the eighth day following the injury, the employee will be compensated with the statutory worker’s compensation rate of 66 2/3 of weekly salary up to the maximum prevailing rate required by the Worker’s Compensation Law. The employee may continue their available balance of sick or vacation time to supplement the worker’s compensation benefit. (g) During the first six months of a job related injury, the employee’s position will be secure and the affected department may use temporary employment if the budget allows. (h) If the employee is unable to return to their regular position, the city may require the employee to perform a light duty assignment that is approved by the assigned physician until a time the employee can return to work on a unrestricted b asis. The City has no obligation to create a light duty assignment if work is not available. (i) Worker’s compensation leave must run concurrent with Family Medical Leave. E. SUPPLEMENTAL PAY AND TUITION REIMBURSEMENT BENEFITS (Modified January 2013) Section 1: Supplemental Pay for Sworn Police and Certified Fire Personnel Receiving College Credit Toward Bachelor’s Degree The City will offer $1000 in supplemental base pay to sworn police and certified fire personnel who complete 60 semester hours of college credit (or equivalent quarter hours) from an accredited college or university with proof of transcript. Sixty hours typically equates to an Associate’s Degree. The City will also offer an additional $1000 to an __________________________________________________________________________________________ Compensation & Benefits Chapter Page 37 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 employee’s base pay for completing his/her Bachelor’s Degree. The most an employee may receive is $2000 in educational supplemental pay during their tenure with the City. All supplemental pay will be added to the base pay amount. These supplements will be applied either during the hiring process for those prospective employees who meet the above educational standard or for those existing full-time employees who meet the above standards during their course of employment. Section 2: Tuition Reimbursement The tuition reimbursement program has been designed to assist employees with long- term educational goals. The City offers tuition reimbursement to eligible employees, contingent upon fund availability. Reimbursable expenses include tuition, registration and application fees, books and other required fees. The cost of supplies, parking, gasoline, student activity cards, and other related items are excluded. (a) Application and Approval. To be eligible for tuition reimbursement benefits an employee must be employed with the City for at least six (6) months and must execute a Tuition Reimbursement Agreement with the City to be submitted in conjunction with the Employee’s application for tuition reimbursement. . The tuition reimbursement application must be approved prior to the beginning of any training and development activity or reimbursement will not be made available. An employee must receive approval from Human Resources and the department director. (b) Reimbursement. An employee who takes an approved training or development course may be reimbursed one hundred percent (100%) up to a maximum of $3,000 per calendar year of tuition costs under the following terms and conditions: (1) In order to be reimbursed, the course must be job-related or related to a position to which the employee can be promoted;. (1)(2) The course has been successfully completed with a minimum grade of “C” at the undergraduate level and “B” at the graduate level; and (2)(3) Funds for reimbursement are available in the department budget. The employee shall submit proof of tuition payment, other receipts eligible for reimbursement and a copy of their grade(s) to Human Resources within ten (10) days after receiving their grades. Formatted: Justified Formatted: Justified Formatted: Font color: Text 2 Formatted: Justified Formatted: Font color: Text 2 Formatted: Left, Indent: Left: 0.5", No bullets or numbering Formatted: Font color: Text 2 Formatted: Justified, Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63" __________________________________________________________________________________________ Compensation & Benefits Chapter Page 38 Worker’s Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 1/13 (a)(c) Re-Payment Consistent with the Tuition Reimbursement Agreement that the Employee executes and submits with his/her application for tuition reimbursement, if the employee leaves employment with the City voluntarily within six (6) months of the conclusion of the training or development course for which the Emp loyee received tuition reimbursement, the Employee shall be responsible for full re- payment of the reimbursement amount to the City. ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ Chapter III Employee Relations __________________________________________________________________________________________ Employee Relations Chapter Page 1 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 III. EMPLOYEE RELATIONS A. STANDARDS OF CONDUCT Section 1: Policy Statement All employees are expected to maintain acceptable standards of conduct, efficiency, and economy in the performance of their work. All employees are expected to maintain minimum standards of conduct both on and off duty in order to: 1. Promote impartial, objective and effective performance of their duties; 2. Avoid activities that are adverse to the City’s interest or adversely affect the City’s reputation; 3. Ensure safe and efficient operations; and 4. Encourage a high degree of confidence in and support for city operations. The following list of standards of employee conduct is not intended to be all inclusive of every type of conduct prohibited by city employees. Other standards of conduct are established throughout this handbook and other standards may be established and published by departments as operations deem necessary. Moreover, generally accepted standards of conduct shall apply even where not specifically stated. Section 2: General Provisions (a) Conformance to Law An employee shall obey and not engage in any conduct prohibited by the laws of the United States, Georgia, or any other state and political subdivision thereof. Conduct described as a violation of such laws may be cause for disciplinary action, regardless of whether charges are filed, prosecuted or whether the employee is adjudicated guilty or not guilty. (b) Violation of Rules An employee shall not commit any act contrary to good order and discipline or constituting a violation of any of the provisions of the rules and regulations of the City and its departments. (c) Ethics 1. No elected official, appointed officer, or employee of the City or any agency __________________________________________________________________________________________ Employee Relations Chapter Page 2 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 or political entity to which this handbook applies shall knowingly: a. Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; b. Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; c. Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; d. Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; e. Represent other private interests in any action or proceeding against this city or any portion of its government; or f. Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. 2. Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the City shall disclose such private interest to the City Council. The Mayor or any councilmember who has a private interest in any matter pending before the City Cou ncil shall disclose such private interest and such disclosure shall be entered on the records of the City Council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this Handbook applies who shall have any private financial interest, directly or indirectly, in any __________________________________________________________________________________________ Employee Relations Chapter Page 3 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. 3. No elected official, appointed officer, or employee of the city or any agency or entity to which this Handbook applies shall use property owned by such governmental entity for personal benefit, convenien ce, or profit, except in accordance with policies promulgated by the City Council or the governing body of such agency or entity. 4. Any violation of this Section which occurs with the knowledge, express or implied, of a party to a contract or sale shall ren der said contract or sale voidable at the option of the City Council; 5. Except as authorized by law, no member of the Council shall hold any other elective City office or other City employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the date of enactment of this Handbook. Section 3: Attention/Dereliction (a) Attention Except when approved in Fire Services, an employee shall remain awake, alert, observant and occupied with City business when on the job. Employees are expected to perform their job duties: 1. Timely, promptly and without undue delay; 2. Without unnecessary supervision; 3. Ensuring they are engaged productively at all times or as directed; 4. Demonstrating appropriate initiative and dependability in the quality, volume, and prioritization of job duties. 5. Avoiding excessive tardiness, excessive absenteeism, and unexcused absences. (b) Insubordination An employee shall adhere and execute any and all lawful orders of a supervisor, including those relayed from a supervisor through another employee. A lawful order is any order in keeping with the performance of any duty, issued either verbally or in writing by the department director or any other supervisor, direct or __________________________________________________________________________________________ Employee Relations Chapter Page 4 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 indirect. The willful disobedience of any order lawfully issued by a supervisor or any mutinous, insolent, uncooperative, or abusive language or conduct toward a supervisor shall be insubordinate. Section 4: Competence, Judgment & Supervision (a) Competence An employee shall maintain sufficient competence to properly perform the assigned duties and responsibilities of the position. The employee’s efforts shall be directed and coordinated in a manner that demonstrates and maintains the highest standards of efficiency in carrying out the functions and objectives of the City. Failure to do work at an acceptable level of competence as determined by the applicable supervisor may be grounds for disciplinary action. (b) Judgment An employee shall exercise sound judgment relevant to the conduct and performance of duty. (c) Supervision A supervisor shall, in accordance with department management expectation: 1. Demonstrate qualities of leadership necessary for the position; 2. Maintain a positive attitude in support of department decisions and goals; 3. Exercise appropriate supervision of subordinates and responsibilities; 4. Effectively plan, develop, and coordinate supervision and training of subordinates; 5. Observe and appropriately counsel subordinates; 6. Take appropriate action when a subordinate fails to perform; and 7. Properly account for all funds and property under their control Section 5: Health Fitness. (a) Fitness for Duty __________________________________________________________________________________________ Employee Relations Chapter Page 5 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 An employee must be physically and mentally fit to perform essential job functions. __________________________________________________________________________________________ Employee Relations Chapter Page 6 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (b) Evaluation for Fitness When it is reasonably demonstrated that the physical or mental impairment of an employee constitutes a hazard to individuals or property or may prevent the employee from effectively performing the essential job functions of the position, the employee may be required to submit to an evaluation of health fitness for duty by a physician of the city’s choosing and expense. All such testing shall be coordinated by the Director of Human Resources. (c) Periodic Evaluation An employee may be required to take periodic examinations and/or undergo a program of treatment to qualify for continued employment, to the extent allowable by law. (d) Disclosure Required An employee who becomes aware of a physical or mental impairment that affects or reasonably threatens to affect their ability to perform essential job functions shall report the condition immediately to the Department Head. (e) Status During Evaluation Pending completion of the health fitness evaluation, the employee may be required to use accrued leave, may be placed in an unpaid or paid leave status, or may be temporarily reassigned, depending on the circumstances and the length of the evaluation period. Section 6: Absences & Reporting. (a) Unauthorized Absence No employee shall be absent without authorization. This includes failure to report for work at the assigned time and place, or leaving a place of duty or assignment without authorization. (b) Reporting for Work An employee shall report to work on time and physically and mentally fit at the time and place specified by the supervisor and remain physically and mentally fit throughout the work day. __________________________________________________________________________________________ Employee Relations Chapter Page 7 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (c) Reporting Absence An employee who cannot report to work due to illness or emergency shall notify the immediate supervisor within the time limits established by the department director. Failure to do so may result in an unexcused absence. (d) Fictitious Reporting Employees are responsible for immediately reporting any suspected violation of policy. An employee is responsible for immediately reporting to their department director in writing any arrest or complaint filed against them. Reports submitted by employees shall be truthful and without attempt to deceive any supervisor or official of the City. Section 7: Response (a) Responding to Calls for Service No employee shall fail to timely respond to official calls for service, dispatched calls, notices of assignment, subpoenas or any other method of direction to perform. (b) Requests for Assistance When the public requests assistance or advice or makes complaints or reports, the employee shall gather all information in an official and courteous manner and shall judiciously act upon the situation consistent with prescribed procedures. (c) Personal Appearance All employees must maintain a neat and well groomed appearance, wearing any uniform or other appropriate business apparel. Section 8: Professional Conduct (a) Courtesy Employees shall be courteous to the public and fellow employees. An employee’s conduct should always be civil, orderly, and courteous. Employees shall be diplomatic and tactful, controlling their temper and exercise patience and discretion in all situations. Employees should refrain from using coarse, violent, profane or insolent language. __________________________________________________________________________________________ Employee Relations Chapter Page 8 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (b) Conduct Unbecoming or Prejudicial to Good Order An employee’s conduct at all times, both on and off the job, shall reflect favorably on the employee and the City. Unbecoming conduct includes acts that tend to bring the City into disrepute, discredit the employee, or tend to impair or interfere with the operation of the City or employee. (c) Unprofessional Conduct. Inappropriate conduct includes but is not limited to: 1. uncooperative attitude, including, but not limited to, disrespect to a supervisor, co-worker, or the public; 2. conflict of interest; 3. reporting to work/or working under the influence of drugs and alcohol; 4. use of abusive or obscene language; 5. violation of telephone/computer usage/or political activity policy; 6. theft, abuse or misuse of City property or vehicles, violations of traffic laws while driving a City vehicle, failure to report damage or destruction of City property to a supervisor, loaning property or equipment of the City without permission or proper authority; 7. illegal gambling; 8. falsifying records/making false claims; 9. fighting; 10. sabotage; 11. deliberate damage to City property; 12. acceptance of a bribe; 13. mishandling cash or other City property; 14. discriminatory attitude or prejudice concerning another person to include gossip; __________________________________________________________________________________________ Employee Relations Chapter Page 9 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 15. conviction of a felony or a crime of moral turpitude, and/or arrests that bring discredit to the City or otherwise threaten to interfere with the City operations; 16. acts during duty hours which are incompatible with public service; 17. falsification or destruction of official records or documents, or use of official position for personal benefit, profit, or advantage; 18. when duly and properly called as a witness before any City board, appeals board, state or federal judicial or administrative tribunal, and when before such tribunal, failing to answer truthfully any question concerning performance of official duties with the City; 19. failure to report an occupational injury or accident during the shift on which it occurred; 20. absence due to incarceration; 21. use of any form of physical abuse of the public, supervisors, or other employees, or making threats to the public supervisors, or other employees; 22. violating any lawful official regulation or order or failing to obey any proper directive made and given by a superior officer; 23. guilty of disgraceful conduct; 24. careless or negligent with the monies or other property of the City; 25. failure to pay or make reasonable provisions for future payment of debt to such an extent that such failure is detrimental to the work relationship; 26. use or threatening of use, or attempt at use of personal or political influence to secure employment benefits, including but not limited to, promotion, leave of absence, transfer, change of pay rate, or character of work; 27. violating the established procedures during an examination process or obtaining information, through unauthorized or illegal means, which provides an unfair advantage on an examination; 28. failure to acquire a valid license, registration, or certification when such license, registration, or certification is required and specified in the specification for the class to which the position occupied by the employee is classified; and/or __________________________________________________________________________________________ Employee Relations Chapter Page 10 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 29. wastedWasted time, inefficiency, and/or loitering during working hours; and/or 29.30. Abuse of leave policies.. (d) Immoral Conduct An employee shall at all times maintain high standards of moral conduct in personal affairs and shall not be a participant in any incident involving moral corruption that may impair the employee’s ability to perform as a City employee or cause the City to be brought into disrepute. Section 9: Other Standards (a) Identification An employee must furnish their name, job title, and department name to any person requesting that information as a result of actions taken by the employee in the course of City business. Employees may be required to obtain an official, City-issued identification and have it available for inspection during business hours. (b) Examinations and/or Tests Upon order of the department director for matters related to duty performance and investigations authorized by law, an employee shall submit to any medical, chemical, drug, alcohol, ballistics, or other test, polygraph, fingerprinting, or counseling program, and shall sign any related authorization forms. (c) Horseplay/Rough Play No employee shall engage in horseplay or rough play while on the job or in any City facility. Injuries as a result of horseplay/rough play are not considered within the scope of employment and may not be covered under worker’s compensation. (d) Fighting An employee shall not engage in unnecessary violence or harassment toward any person, except where authorized by law, even in the event of provocation. (e) Firearms and Lethal Weapons Formatted: List Paragraph, Left, No bullets or numbering, Widow/Orphan control Formatted: Font color: Text 2 __________________________________________________________________________________________ Employee Relations Chapter Page 11 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 Except for employees commissioned by the City of Milton as police officers, City employees are prohibited from possessing firearms while on duty or in any City facility or vehicle, regardless of whether the employee possesses a firearms license. __________________________________________________________________________________________ Employee Relations Chapter Page 12 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (f) Fraudulent Employment No employee shall procure or maintain employment in the City by means of willful misrepresentation or omission of any fact concerning the employee’s personal history, qualifications for employment or physical condition. (g) Tobacco free Environment Consistent with the public health concerns addressed by the adoption of the Georgia Smokefree Air Act of 2005, all City enclosed buildings and vehicles are hereby declared to be smoke-free areas. In addition, based upon the maintenance and cleanliness issues presented by the uses of smoke-less tobacco that gives rise to increased facilitated costs and resulting public health concerns, all City enclosed buildings and vehicles are hereby declared to be tobacco-free areas as well as any area or vehicle that is within the view of the public. No employee shall engage in conduct in violation of this policy. __________________________________________________________________________________________ Employee Relations Chapter Page 13 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 B. DISCIPLINE Section 1: Policy Statement The City of Milton believes that each employee wants to provide quality public service by meeting high standards of job performance and conduct and by following established policies, procedures, regulations, and practices. The primary purpose of disciplinary action is to correct or prevent the recurrence of employee performance or conduct that is detrimental to quality job performance or the interest of the citizenry, the employee, the City or other employees. The City’s discipline policies emphasize the employee’s responsibility for the consequences of their own behavior with a focus on communicating expectations for changes in behavior and needed improvement. When an employee’s conduct results in deficiencies in job performance or violations of law, City regulations or rules, it is the policy of the City to take appropriate action to improve and/or correct the conduct or performance or, if necessary, remove the employee from the City workforces through application of the standardized disciplinary options and procedures in this chapter. Section 2: General Provisions (a) Level of Discipline Disciplinary action will be consistent with the nature of the deficiency or infraction involved and with other relevant factors. In reaching a decision as to the level of discipline to be applied, the supervisor should consider such factors as the type and severity of the infraction, the results of the infraction, the employee’s work record, prior disciplinary actions, and any mitigating circumstances which may be relevant to the situation. (b) Format & Location of Actions All disciplinary action should be documented in writing. All appeals by employees must be in writing. All responses to, and decisions on, appeals must be in writing. (c) Progressive Discipline While it is expected that disciplinary action options be exercised progressively, the nature of the deficiency or violation in any particular situation may preclude the exercise of a less severe discipline option. Typical disciplinary actions may __________________________________________________________________________________________ Employee Relations Chapter Page 14 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 include oral or written warning, suspensions (with or without pay), training and termination. (d) Suspension of Exempt Employees Except in the case of a major safety violation, any suspension of an exempt employee must be made in full week increments only. Major safety violation suspensions may be made in full day increments. (e) Disciplinary Options Only Department Heads are authorized to demote or terminate employees with the authority delegated by the City Manager. The department head or a designee may suspend employees. STEP USE RESPONSE / APPEAL Counseling An informal discussion between a supervisor and employee about the need to improve minor performance problems or as a reminder about violation of a minor rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department No appeal Oral Reprimand An oral warning/instruction from the supervisor to the employee about the need to improve performance deficiencies or about violation of a rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department No appeal Written Reprimand A written warning/admonishment from the supervisor to the employee about the need to improve performance or about a rule violation. Documents kept in Human Resources Employee has five days to appeal to the Department Director or through the chain of command to the next level supervisor. Appeal does not go beyond the next level of supervision of the supervisor issuing the appeal. Suspension Relief from duty for a specified amount of time. Employee has five days to appeal to the Department Director. After the __________________________________________________________________________________________ Employee Relations Chapter Page 15 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Department Director’s decision, the employee has five day to appeal to the City Manager. The final decision rests with the City Manager. Demotion Reduction in rank or classification consistent with deficiency of the violation. This is not an option for probationary employees. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five days to appeal to the City Manager. The final decision rests with the City Manager. Dismissal Involuntary separation of employee from City employment. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five days to appeal to the City Manager. The final decision rests with the City Manager. Probationary employees do not have appeal rights to dismissal. __________________________________________________________________________________________ Employee Relations Chapter Page 16 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 C. GRIEVANCES Section 1: Policy Statement The City of Milton is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, or question receives a timely response. The City strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect and are encouraged to offer positive and constructive criticism. If employees disagree with established rules of conduct, policies, or practice, they may express their concern through a grievance process. No employee shall be penalized, formally or informally, for voicing a complaint in a reasonable, professional manner using the grievance process. While a formal grievance process is in place, employees are encouraged to first informally discuss any issue with their immediate supervisor. Section 2: General Provisions (a) Scope The grievance procedure provides an avenue for any eligible employee to obtain management review of work-related issues that are felt to adversely affect the employee, for which no other means of response, review, appeal or resolution for is provided in this handbook. Grounds for submission of a grievance include: 1. Unfair application, interpretation or violation of City or department regulations; 2. Acts of retaliation as a result of utilization of the grievance process. (b) Statement of Grievance At each step in the process, the written grievance must include the following: 1. A statement of the grievance and the facts upon which it is based; 2. A description of the specific wrongful act and harm done to the grieving employee, and 3. A statement of the remedy or adjustment sought. __________________________________________________________________________________________ Employee Relations Chapter Page 17 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 Section 3: Grievance Steps (a) Step One – Department Director . The employee should first seek to resolve the issue informally. If unable to do so, the employee should file a written grievance to the Director of Human Resources and the Department Director within five working days of the incident or when the employee became knowledgeable of the incident. The Department Director will attempt to resolve the matter and submit a written response to the employee within five working days after receipt. Note: In public safety departments, it is expected that grievances follow the chain of command. Under no circumstances will a grievance be allowed to extend beyond 25 business days. (b) Step Two – City Manager . If the Department Director is unable to resolve the grievance or the response is unacceptable to the employee, the employee must within five (5) working days of receiving the response, present the written grievance to the City Manager. Within ten (10) days of receipt of the grievance, the City Manager or their designee will investigate the grievance and respond in writing to the employee. The City Manager’s decision is final. Section 4: Areas Not Grievable The following areas are NOT grievable: (a) Issues which are pending or which have been concluded by other administrative or judicial procedures; (b) Management’s rights to assign work and/or establish work processes; (c) Budget allocations and expectations and organizational structure, including the persons or number of persons assigned to particular jobs or units; (d) The content or rating of a performance evaluation; (e) The selection of an individual by the Department Head or City Manager to fill a position through appointment, promotion, or transfer, except when the employee can show adverse effect because of unlawful discrimination; (f) Any matter which is not within the jurisdiction or control of the City; (g) Internal security practices established by the City Manager and/or City Council; and __________________________________________________________________________________________ Employee Relations Chapter Page 18 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (h) Decisions, practices, resolutions or policies made or passed by the City Council or City Manager. __________________________________________________________________________________________ Employee Relations Chapter Page 19 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 D. WORKPLACE DISCRIMINATION & HARASSMENT Section 1: Policy Statement It is the policy of the City of Milton that harassment and discrimination of any kind will not be tolerated and complainants will be protected from reprisal. Employees and non -employees are encouraged to come forward confidentially to discuss any situation that they deem inappropriate. The City of Milton expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Improper interference with the abi lity of City of Milton employees to perform their expected job duties is absolutely not tolerated. Section 2: Discriminatory Harassment The EEOC’s definition of harassment is unlawful harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age, sexual preference or disability, or that of his/her relatives, friends, or employees, and that (a) has the purpose or effect of creating an intimidating, hostile, or offensive working environment; (b) the purpose or effect of unreasonably interfering with an individual’s work performance; or (c) otherwise adversely affects an individual’s employment opportunities. All employees, supervisors, and elected officials/department heads are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment. Any form of harassment related to an individual’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status, is a violation of this Policy and will be treated as a disciplinary matter. For purposes of this Policy, the term “discriminatory harassment” shall be construed consistent with applicable law and may include, but is not limited to, any of the following. (a) Offensive remarks, comments, jokes or slur pertaining to an individual’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status; (b) Offensive pictures, drawings, posters, photographs, reading materials, computer monitors, or other tangible items, or communications including e-mail, that are reasonably offensive or that reasonably exploit an individual’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status; __________________________________________________________________________________________ Employee Relations Chapter Page 20 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (c) Threatening reprisals based on an employee’s race, color, national origin, religion, sex, gender, disability, age, veteran status, citizenship, sexual orientation, or other protected group status; or (d) Conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance and/or conduct that creates an intimidating, hostile or offensive working environment. Section 3: Sexual Harassment (a) Definition The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as a form of sex discrimination that violate Title VII of the Civil Rights Act of 1964, including and not limited to, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for an employment decision, and 3. Such conduct has the purpose or effect to interfere with an individual’s work performance or creates a hostile or intimidating environment. (b) Quid Pro Quo Quid Pro Quo literally means “this for that” and exists when submission to, or rejection of, such conduct is used as a basis for employment decisions such as raises or promotions or affects public services. (c) Hostile Environment Hostile Environment includes any lewd sexual conduct, pictures, words, or touching that interferes with a person’s job performance or creates an intimidating, offensive working or public service environment even if there are no occurrences of tangible or economic loss. (d) Prohibited Behavior Behavior prohibited by this policy can include but is not limited to unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or propositions, __________________________________________________________________________________________ Employee Relations Chapter Page 21 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 sexually suggestive gestures or facial expressions, sexual remarks about a person’s clothing or body, exhibiting sexually explicit publications or materials, kissing, touching, and sexual contact. Section 4: Complaint Procedure & Investigation If an employee feels that this policy has been violated, regardless of whether it is by a fellow worker, a supervisor, or a member of the general public, the employee should ask the offender to immediately stop the behavior. The employee will then report the incident(s) immediately to their department director and the Director of Human Resources. If the Director of Human Resources is involved in the behavior, the report should be made to the City Manager or designee. Any supervisor who receives a complaint related to harassing or offensive behavior or who has reason to believe that such behavior is occurring shall report these concerns to the Director of Human Resources or to the City Manager or designee. At any point, the employee who feels they have been harassed, may go outside the chain of command or their department and go to the Human Resources Department or the City Manager or his/her designee. All reports of harassing or offensive behavior will be investigated promptly, fairly and discreetly. Investigatory procedures may vary from case to case depending upon the circumstances. The investigation will be conducted as confidentially as possible. All employees have a responsibility both to cooperate fully with the investigation and to keep the matter confidential whether the employee is the accused person, the complainant or merely a potential witness. Persons who are interviewed are prohibited from discussing the matter outside the course of the investigation with co-workers, friends or management. The City will keep the information it gathers as confidential as possible, consistent with state and federal laws and the needs of the investigation. Section 5: Corrective Action If management concludes that a complaint of harassment has merit, appropriate action will be taken. Resolutions can include, but not necessarily be limited to, an apology, a transfer, direction to stop the offensive behavior, counseling or training, verbal or written warning, suspension with or without pay or termination. In the event that harassment or offensive behavior reoccurs, it should immediately be reported to the Director of Human Resources or to the City Manager or designee. Any employee found to be acting in a harassing manner will be subject to disciplinary action up to and including termination. Non-employees may be reported to the appropriate law enforcement agency and/or barred from the premises. __________________________________________________________________________________________ Employee Relations Chapter Page 22 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 E. SUBSTANCE ABUSE & DRUG AND ALCOHOL TESTING Section 1: Policy Statement The City has a vital interest in maintaining a safe, healthy, and efficient working environment free from the adverse effects of employee drug and alcohol abuse. Employee drug and alcohol abuse poses serious safety and health risks to the user, and to those who work or come in contact with the user in the workplace. Accordingly, the City does not and will not tolerate any employee’s consumption, possession, sale, distribution or making arrangements to distribute, manufacturing or presence in the body of illegal drugs or alcoholic beverages on City work time, while on City or customer property (including in personal vehicles while on City property or offsite at customer property during City work time), during lunch or breaks when an employee is scheduled to return to work, while in City vehicles, while offsite during attendance at training or meetings in connection with an employee’s work for the City and/or while using, occupying, performing or engaging in any activity on City property and facilities. The City further expresses its intent, through this policy, to comply with Federal, State and local laws and regulations that relate to the maintenance of a workplace free of illegal drugs and alcohol. If possession of an illegal substance is necessary in the course of a police investigation, the Police Chief may grant a waiver to this policy for a finite period of time. Section 2: Application This policy applies to all City employees (whether full-time or part-time), volunteers, interns, and any other individuals performing services on the City’s behalf, whether paid or unpaid. For purposes of this policy section, all such persons shall be referred to herein as City employees. Visitors, vendors, and contractors are governed by this policy to the extent they are on City Premises or in City vehicles and will not be permitted to conduct business if found to be in violation of this policy. Section 3: Definitions For purposes of this Substance Abuse and Drug and Alcohol Testing Policy (the “Policy”), the following definitions apply:\ (a) Alcohol or Alcoholic Beverages Any beverage or substance that contains alcohol manufactured for the primary purpose of personal consumption, including, but not limited to, beer, wine, and distilled spirits. __________________________________________________________________________________________ Employee Relations Chapter Page 23 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (b) City Premises Includes all property, facilities, land, platforms, buildings, structures, fixtures, installations, parking lots, and vehicles, whether leased or used by the City of Milton government or its officials, managers, supervisors, employees, or other agents. This definition also includes locations other than city offices, including all other locations of city-sponsored recreational, social, or educational events, and any place where a City of Milton employee is located while traveling to or from such location in the course and scope of his duties on behalf of the City, including an employee’s own vehicle when the employee is using it on city business, or when the vehicle is parked on city property. This definition shall not be interpreted to imply that the City assumes or accepts responsibility for any wrongful, tortious, negligent or criminal acts of any person whom it employs when such person is not acting pursuant to a city supervisor’s instruction in furtherance of the City’s business, nor shall it constitute a waiver of any immunity which the City of Milton or its officials or employees might have under federal, state or local laws or ordinances. (c) Illegal Drugs (includes Controlled Substances) Any drug or substance the law prohibits individuals from manufacturing, dispensing, using, consuming, possessing, distributing, purchasing, selling, or otherwise transferring, including, without limitation, all drugs listed as controlled substances under Title 16 of the Official Code of Georgia Annotated. This definition encompasses any measurable amount of any drugs or controlled substances such as amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or other drugs made unlawful under Federal or State laws, or a metabolite of any such substances, “look-alikes,” “designer drugs” having the same or similar psychotropic effects, unauthorized alcoholic beverages, marijuana, hallucinogens (whether natural or synthetic), inhalants, unauthorized prescription drugs, or authorized drugs which are not prescribed for a verifiable medical condition and/or are not used in strict accordance with this policy and with the prescribing physician’s instructions, or any other substances that are mood-altering, mind or consciousness-affecting, or which are likely to have an effect upon a person’s perceptions, sensations, thought processes, self-awareness, emotions, or other mental or physiological or psychological reactions or behavior. It also includes urinaids or other substances, natural or synthetic, of a similar nature or purpose designed or used to alter a urine specimen or to conceal illicit chemical substances or other metabolites in an initial screening test. __________________________________________________________________________________________ Employee Relations Chapter Page 24 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (d) Impaired The condition of being weakened, diminished, or damaged, or of functioning poorly, incompetently, uncontrollably, or with less control or ability, due to the consumption, use, or abuse of illegal drugs, controlled substances, and/or alcohol, or if the employee’s drug test results indicate the presence of an illegal drug or controlled substance in an amount that constitutes a positive test under accepted scientific standards. (e) Legally Obtained Drug Includes prescription drugs and over-the-counter medications. (f) Over-The-Counter Medication Includes any drug or substance that does not require a pres cription, but which has the capacity to affect a person physically, mentally, or emotionally or which could otherwise affect a person’s ability to perform. (g) Prescription Drug Any drug or substance that is attainable only by lawful prescription from a licensed physician. (h) Reasonable Suspicion A belief based on objective facts sufficient to lead a prudent person to conclude that a particular city employee has used, consumed, is impaired by, or is under the influence of illegal drugs, controlled substances, and/or alcohol. Reasonable suspicion must be directed at a specific person and must be based upon specific and articulable facts and the logical inferences and deductions that can be drawn upon such things as observable phenomena, such as direct observation of the possession or use of an illegal drug, controlled substance, and/or alcoholic beverage, or the direct observation of physical symptoms of being impaired by or under the influence of illegal drugs, controlled substances, and/or alcohol, such as slurred speech, unsteady gait, a pattern of unusual or abnormal conduct or erratic behavior, odor of the employee, information provided by a reliable and credible source, and/or involvement in a work-related accident, and/or deviation from safe working practices. __________________________________________________________________________________________ Employee Relations Chapter Page 25 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (i) Safety-Sensitive Positions Positions of employment with the City where a lapse of judgment or impaired physical/mental ability in performing any essential job function could reasonably result in a significant threat of harm to the employee, fellow employees, citizens, inmates, or others. Safety-Sensitive Positions include, but are not limited to, those which, as a part of the essential job functions, (1) require the performance of law enforcement duties as a POST-certified law enforcement officer; (2) require or involve possession of a firearm; (3) require or involve providing emergency medical, rescue, or fire suppression services; (4) require or involve interacting with incarcerated persons; (5) require or involve interacting with persons who are on probation for drug charges; (6) directly involve the enforcement of drug laws; (7) directly involve access to, the handling of or the testing of illegal drugs that have been seized by, confiscated by or taken into custody by law enforcement; (8) require or involve performing duties essential to drug interdiction; (9) primarily require or involve maintenance or operation of a motor vehicle, motorized equipment, heavy machinery or heavy equipment; (10) require the holding of a commercial driver’s license; and (11) require or involve performing duties which directly affect public health or safety. Section 4: Prohibitions The City prohibits all City employees from engaging in the following conduct or behavior while performing City business, while on City property or City premises, while on customer property performing city business, while in use of city property, or while operating or riding in a city vehicle and/or conductingcityconducting city business: (a) The use or consumption of illegal drugs, controlled substances, and/or alcohol; (b) The possession of illegal drugs, controlled substances, and/or alcohol; (c) The abuse of prescription medications and over-the-counter medications; (d) Being impaired by and/or under the influence of illegal drugs, controlled substances, and/or alcohol; (e) The manufacture, sale, purchase, transfer, dispensing of, and/or distribution of illegal drugs, controlled substances, prescription medications, and/or alcohol; and/or __________________________________________________________________________________________ Employee Relations Chapter Page 26 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (f) The use of City property to store, conceal, or transport illegal drugs, controlled substances, and/or alcohol. Section 5: Use of Legally Obtained Drugs The abuse and/or inappropriate use of legally obtained drugs while on the job, while performing City business, while on City Premises, while in operation of a City vehicle, o r while in operation of any other equipment or vehicle in performance of City business is prohibited and shall constitute grounds for disciplinary action, up to and including termination. The following policies shall apply to the use of use of legally obtained drugs: (a) City employees must not be on the job, on call, on City Premises, operating a City vehicle, or operating any other equipment or vehicle while in performance of City business while impaired due to any drug, legal or illegal, that renders the City employee unfit for duty. An employee is “unfit for duty” if, in the City’s opinion, the employee’s use of legally obtained drugs jeopardizes his or her ability to work safely and efficiently. (b) A City employee who is using legally obtained drugs must notify his or her immediate supervisor of any and all known or experienced symptoms and probable adverse side effects that may render the employee unfit for duty. An employee’s failure to so notify the City constitutes grounds for disciplinary action, up to and including termination. A City employee is not expected to notify the City of legally obtained drugs that are unlikely to render him or her unfit for duty. (c) City employees using legally obtained drugs while on the job shall do so in strict accordance with physician and/or manufacturer’s directions. It is the employee’s responsibility to notify the prescribing physician of the duties required by the employee’s position and to ensure that the physician approves the use of the prescription medication while the employee is performing his or her duties. (d) Any prescription medication brought onto City or customer property or taken aboard City vehicles must be retained in its original container labeled with the names of the employee and the prescribing physician. (e) No City employee may take another person’s medication. Section 6: When Drug Testing is Required (a) Job Applicants for Safety-Sensitive Positions __________________________________________________________________________________________ Employee Relations Chapter Page 27 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 All applicants for full-time and part-time Safety-Sensitive Positions of employment with the City will be tested for drugs after a conditional offer of employment has been extended. No such applicant or new hire shall be permitted to report for duty until the results of the drug test are obtained. All applicants for temporary full-time and temporary part-time Safety-Sensitive Positions of employment will be tested for drugs after a conditional offer of employment has been extended. (b) Transfers to Safety-Sensitive Positions City employees who are transferred, reclassified, promoted, or demoted from a non-Safety-Sensitive Position into a Safety-Sensitive Position will be tested for drugs before performing any job duties in the new position. (c) Reasonable Suspicion All City employees will be subject to immediate testing when there is reasonable suspicion that the employee has used or misused drugs or alcohol in violation of this policy. Any City employee who is required to take a reasonable suspicion test will be immediately placed on administrative leave without pay pending the results of the test and confirmation of the results. Supervisors or directors who suspect that an employee is under the influence of drugs or alcohol shall document all credible evidence on the Reasonable Suspicion Incident Checklist provided by the Human Resources Department and shall seek confirmation of the observations from the Director of Human Resources or another employee with Reasonable Suspicion training before transporting the emplo yee for testing. A reasonable suspicion test may be required based upon, but not limited to the following: 1. the personal observation of the City employee’s job performance, appearance, behavior, speech, or odor by the trained individual creating a reasonable suspicion that the City employee has used drugs or alcohol in violation of this policy; 2. personal observation of the City employee by another individual who has fully disclosed the observation to the City; 3. observation of the City employee by a nurse or physician engaged in the treatment or evaluation of a work-related injury who has disclosed such observations to the City; 4. information from a law enforcement agency received by the City. __________________________________________________________________________________________ Employee Relations Chapter Page 28 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 5. specific and objective facts indicating that a city employee’s drug or alcohol use may have caused or been a contributing factor to an on -duty motor vehicle accident. The following facts, if present, may independently or collectively, depending upon the circumstances, give rise to reasonable suspicion in this instance: a. the appearance, behavior, speech or odor of the City employee immediately prior to or after the accident; b. the City employee left the scene or attempted to leave the accident scene without legal authority or permission to do so; c. the City employee acted contrary to a safety rule, established safety practice or otherwise engaged in demonstrably unsafe behavior for which there is no reasonable explanation; d. the City employee was arrested or received a traffic citation; e. the City employee or any person received medical attention as a result of the accident; and f. the City employee has been involved, as a contributing factor, in a pattern of repetitive on-duty accidents whether or not they involved actual or potential injury. 6. specific and objective facts indicating that a City employee’s drug or alcohol use may have caused or been a contributing factor to an on-duty accident involving the use of motorized equipment, heavy machinery or heavy equipment. The following facts, if present, may independently or collectively, depending on the circumstances, give rise to reasonable suspicion in this instance: a. the appearance, behavior, speech or odor of the City employee immediately prior to the accident; b. the City employee left the accident s cene or attempted to leave the accident scene without legal authority or authorization to do so, or failed to report the accident to the appropriate individual or otherwise attempted to keep appropriate persons from learning about the accident or the extent of the accident; c. the City employee acted contrary to a safety rule, established safety practices or otherwise engaged in demonstrably unsafe behavior __________________________________________________________________________________________ Employee Relations Chapter Page 29 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 without a reasonable explanation; d. the City employee or any other person received medical attention as a result of the accident; and e. the City employee has been involved as a contributing factor in a pattern of on-duty accidents whether or not they involved actual or potential injury. Additionally, any untrained supervisor or director may require a reas onable suspicion test(s) for drugs or alcohol when a trained supervisor or director or the Director of Human Resources has reviewed the underlying facts and agrees that reasonable suspicion exists to require a test. (d) Required Testing After Certain Accidents Drug and alcohol testing must be performed within policy guidelines when any City employee holding a safety-sensitive position, while in operation of a City vehicle, equipment, or heavy machinery, or while in operation of any other vehicle or equipment while in the performance of City business, is the apparent cause of an accident that results in: (1) a fatality; or (2) a citation issued to the City employee; or (3) an injured person requiring immediate medical treatment; or (4) damage to City property; or (5) damage to any other property. Alcohol and drug test(s) required after any of the above accidents shall be completed within eight (8) hours of such an accident. This testing is to be performed in addition to any drug or alcohol test(s) that may be ordered by law enforcement authorities. The involved City employee must report immediately for testing, or be subject to disciplinary action, up to and including termination. (e) Random Testing All City employees holding Safety-Sensitive Positions will be subject to random drug testing, as follows: 1. tests will be ordered on a random, unannounced basis from the pool of identified City employees holding Safety-Sensitive Positions. 2. a random selection method and test rates as adopted by the Director of Human Resources will be used to select City employees, thereby allowing each city employee an equal chance of being tested each month. Random selection test rates are subject to change as determined by the Human Resource Director. __________________________________________________________________________________________ Employee Relations Chapter Page 30 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 This selection will be facilitated and monitored by the City’s occupational medicine provider. 3. a city employee’s name will remain in the pool after being selected so that every employee will have an equal chance of being tested each time selections are made. Therefore, it is possible that a city employee holding a Safety- Sensitive Position who is randomly selected for testing may be randomly selected again during the same year. 4. Human Resources will notify the supervisor or director when an employee has been selected through the random process. The employee will report to the testing facility taking with them the Chain of Custody Form. The supervisor or director is not to inform the associate that he or she has been chosen for the test until immediately prior to the time the employee is given their notice. 5. City employees are allowed to continue working pending the results of the test. If the testing facility notifies the City that the City employee has produced a confirmed positive sample, Human Resources will contact the appropriate director with the results. 6. all information received by the City of Milton as a result of any testing procedure is considered confidential but may be entered into evidence or disclosed in any civil action or administrative proceedings when the information is relevant to the City’s defense in any such action or proceedings. (f) After-Care Testing Persons in Safety-Sensitive Positions returning to work from an approved treatment program for drug or alcohol abuse may be subject to unannounced testing at the discretion of the Director of Human Resources for a period of one (1) year following the City employee’s return to work. (g) Return to Duty Testing All City employees in Safety-Sensitive Positions who are absent from work for more than thirty (30) days, for any reason, or following any workers’ compensation leave, medical leave, or short term disability leave shall be tested for drugs immediately upon returning to work and before performing any job duties. Section 7: Procedures for Testing __________________________________________________________________________________________ Employee Relations Chapter Page 31 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 (a) Alcohol screening will be conducted using a federally approved evidential breath - testing device or the use of a swab/saliva test performed by an approved independent medical facility. In the event that it is not reasonable under the circumstances to conduct an alcohol test based on a breath test or a swab/saliva test, the City reserves the right to test for the presence of drugs or alcohol by a blood test analysis. (b) All drug tests shall be administered and accounted for by an approved laboratory and/or medical facility that are operating in compliance with the U.S. Department of Health and Human Services (DHHS). Testing will involve an initial screening test(s) and confirmation of positive tests by gas chromatography/mass spectrometry (GC/MS) analysis, or other test(s) that are approved by the DHHS for screening and confirmation of drugs or alcohol in a person’s system. Tes ts will be certified, to the fullest extent possible under the circumstances, by a laboratory approved by the DHHS. (c) All positive test results for drugs will be interpreted by a physician approved by the City as a medical review officer (MRO) before the results are reported to the City. Prior to notifying the City, the MRO will make reasonable efforts to contact the City employee for the purpose of allowing the City employee to offer an alternative medical explanation for the positive test result. If th e MRO is able to contact the applicant or City employee and determine there is a legitimate medical explanation for the positive test, the result will be communicated as negative to the City. The MRO’s inability to contact the applicant or city employee before providing test results to the City will not void the test results or make the test results unusable in any subsequent disciplinary action. An applicant or city employee who fails to respond to an inquiry by the MRO within forty-eight (48) hours of such inquiry shall have waived his or her opportunity to offer an alternative medical explanation for the positive result or to request confirmation testing. Because the City employee is present for interpretation of an alcohol test, the procedure concerning prior notification by the MRO is not applicable. A MRO will not be used when a blood test for alcohol is conducted. (d) Upon notification by the MRO of a confirmed positive result for drugs, the City employee may request, within three (3) calendar days of such notification, that the remaining portion of his/her specimen undergo a second confirmation test at his/her expense at a DHHS laboratory of his/her choice. If the test conducted by the laboratory selected by the City employee is negative for the presence of drugs, a third test may be made at the City’s sole expense at a separate DHHS facility of its own choosing. The results of the third facility will be determinative. If the results from the third facility are negative, all prior positive tests will be disregarded and shall not be the basis for any disciplinary or adverse action. This __________________________________________________________________________________________ Employee Relations Chapter Page 32 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 option of a confirmation test is contingent upon there being enough of the specimen remaining to allow for a confirmation test. (e) Any City employee ordered to be tested based upon reasonable suspicion, shall be immediately removed from duty, escorted to the testing facility, and taken home (unless other suitable arrangements have been made to transport the City employee). Under no circumstances will the City employee be allowed to drive himself or herself home. The City employee shall be suspended without pay pending the results of the test and any confirmation tests, if applicable. If the positive test is explained or negated by the MRO and/or subsequent confirmation testing, the City employee shall be reinstated with backpay and the suspension without pay will be expunged from the City employee’s personnel file. Section 8: Investigation of Prohibited Drug and Alcohol Use and Searches All City-issued, City-owned or City-leased equipment, property, and facilities, including, but not limited to, desks, workstations, file cabinets, lockers, vehicles, computer equipment, or any other property or equipment owned, leased, or provided by the City is subject to inspection at any time and for any reason. No employee shall have any privacy interest whatsoever in any City-issued, City-owned or City-leased equipment, property and facilities. If a search uncovers evidence of City employee wrongdoing, illegal activity, or City employee violations of City rules or policies, the evidence may be used to support disciplinary action, up to and including termination. In cases involving suspected illegal activities, the evidence may be turned over to appropriate legal authorities. The City also reserves the right to conduct searches on city property of city employees and/or their personal property when, in the city’s view, there is a reasonable suspicion that a City employee is buying, selling, transporting, or otherwise in possession of illegal drugs or controlled substances on the City’s property or during working time. A refusal to submit to, or cooperate with, a search may result in immediate discipline, including discharge. (a) Consent for testing Prior to date of hire, all City employees and job applicants are required to sign a consent form consenting to any and all frequency of drug and/or alcohol test(s) set forth in this policy and permitting the release of test results to the City and/or the MRO. Signed consent forms shall be kept on file by the Human Resources department and are enforceable for the duration of employment. (b) Refusals to undergo testing __________________________________________________________________________________________ Employee Relations Chapter Page 33 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 The City has a zero tolerance policy regarding test refusals. As such, any City employee so refusing to immediately proceed as directed will be subject to disciplinary action including termination from employment. Other actions that constitute a test refusal occur when a City employee: 1. fails to appear for any test (excluding pre-employment) within a reasonable time, as determined by the City, after being directed to do so by the City; 2. fails to remain at the testing site until the testing process is co mplete; 3. fails to provide a urine, breath, saliva or blood specimen for any drug or alcohol test required; 4. in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of his/her provision of a specimen; 5. fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; 6. fails or declines to take a second test the City or collector has directed the City employee to take; 7. fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process; 8. fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational or obstructive way that disrupts the collection process; refuses to be escorted to the designated collection site when so directed, is physically absent resulting in the inability to conduct testing). 9. City employees who refuse to submit to a test or test positive for alcohol or illegal drugs may be disqualified for unemployment compensation benefits. 10. City employees who refuse to submit to a test, or test positive for alcohol or unlawful drugs following a workplace injury may be disqualified for workers compensation benefits. (c) Confidentiality __________________________________________________________________________________________ Employee Relations Chapter Page 34 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 All reports of test results for drug and alcohol, searches, or any employee referral, or participation in an assistance program or treatment program for addictive disorders, will be maintained in strict confidence. Any person authorized to have access to such confidential information, who, without authorization, discloses it to another person shall have engaged in gross misconduct and be subject to severe disciplinary action, up to and including, termination. The confidentiality of such information shall not apply to any use by or communication to the City’s attorneys, or where the information is relevant to the City’s defense in an administrative proceeding or civil action. Such information may also be disclosed to the extent required by any federal, state or local law, statute, ordinance or regulation. (d) Discipline for Violations of Policy 1. Immediate Suspension A City employee who tests positive for drugs or alcohol shall immediately be relieved from duty, placed on suspension without pay, and sent home pending disciplinary action. If the positive test is explained or negated by the MRO and/or subsequent confirmation testing, the City employee shall be reinstated with backpay and the suspension without pay will be expunged from the City employee’s personnel file. 2. Disciplinary Action A City employee who violates any provision of this policy is subject to discipline, up to and including termination. If terminated, the City employee will not be eligible for rehire for a minimum period of two (2) years. 3. Immediate Termination The following reasons shall be presumed to result in immediate termination of a City employee: a. manufacturing, dispensing, using, consuming, possessing, distributing, purchasing, or selling, or otherwise transferring an illegal drug(s) or controlled substance(s) while on the job, on call, on City property, while operating City equipment or vehicles, or while operating any other equipment or vehicles on City business. b. operating City motorized equipment while unfit for duty due to the use of drugs and/or alcohol. __________________________________________________________________________________________ Employee Relations Chapter Page 35 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 c. conviction for violation of any drug law. d. refusing to consent to or to take a drug or alcohol test pursuant to this policy. e. failure to appear at the designated collection site to take a drug or alcohol test when so directed. f. a confirmed positive test for drugs or alcohol. (e) Employee Assistance Program (EAP) The City cares about the health and well-being of its employees and recognizes that a variety of personal problems can disrupt their personal and work lives. While many employees solve their problems either on their own or with the help of family and friends, sometimes employees need professional assistance and advice. The City will maintain an Employee Assistance Program (EAP) that provides confidential access to professional counseling services for help in confronting personal problems such as alcohol and other substance abuse, marital and family difficulties, financial or legal troubles, and emotional distress. The EAP is available to all City employees and their immediate family members offering problem assessment, short-term counseling, and referral to appropriate community and private services. 1. The EAP is strictly confidential and is designed to safeguard your privacy and rights. Information given to the EAP counselor may be released only if requested by you in writing. All counselors are guided by a Professional Code of Ethics. Personal information concerning employee participation in the EAP is maintained in a confidential manner. No information related to an employee's participation in the program is entered into the personnel file. 2. In certain situations, an employee’s supervisor may make a direct referral to EAP. Supervisors will undergo training to discuss EAP services and identify issues that may warrant a supervisory referral to EAP. 3. The following information will be made available to the supervisor making a directed referral: a. the City employee kept or did not keep the appointment with the EAP counselor; b. the City employee did or did not complete the EAP recommended treatment/assistance; __________________________________________________________________________________________ Employee Relations Chapter Page 36 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contract between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 3/121/13 c. a referral for treatment/assistance was made by an EAP counselor and was accepted or rejected by the City employee; and/or d. the City employee did or did not complete the EAP recommended treatment/assistance. 4. A City employee's failure to successfully complete the treatment plan or to release the information regarding his/her participation may result in disciplinary actions. 5. There is no cost for City employees to consult with an EAP counselor. If further counseling is necessary, the EAP counselor will outline community and private services available. The counselor will also let City employees know whether any costs associated with private services may be covered by their health insurance plan. Costs that are not covered are the responsibility of the City employee. 6. City employees desiring assistance or consultation through EAP are encouraged to contact EAP directly or Human Resources for further information regarding an EAP counselor. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on December 13, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution to Adopt a City of Milton Logo ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: In July, I began working on logo ideas at the direction of the City Manager’s Office. These ideas were a result of the research conducted during the Strategic Plan process and were vetted and refined through input from staff and elected officials. The fina l version of the logo was agreed upon at the December 10, 2012 Council Work Session. It is now up for official adoption. Funding and Fiscal Impact: There is no financial impact. The logo will be launched softly as the city begins new projects or runs out of old stationary/business cards. Alternatives: Denial of logo for further revisions. Hiring a private design firm. Legal Review: Not necessary Concurrent Review: Attachment(s): Resolution to Adopt the City of Milton Logo Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO ADOPT A CITY OF MILTON LOGO THE COUNCIL OF THE CITY OF MILTON HERBY RESOLVES while in regular session on the 7th day of January 2013 as follows: WHEREAS, the City of Milton is a municipal corporation duly organized and existing under the laws of the State of Georgia; and WHEREAS, the Mayor and Council of the City of Milton have deemed it in the public interest of the City to adopt a logo for the City; and WHEREAS, the Mayor and Council of the City have determined that the logo should represent the history of the City, as well as the year of the City’s incorporation; and WHEREAS, the Mayor and Council of the City have determined that the Official Logo should be symbolic of the many unique characteristics of the city; and WHEREAS, the Official City Seal shall be used in connection with all documents, records, publications and other business transactions of the City; and WHEREAS, it shall be unlawful for any person to manufacture, use, display, or otherwise employ in any manner or for any purpose whatsoever the logo of the city or any facsimile or reproduction thereof, except: (1) the officers and employees of the City of Milton in connection with the performance of their official duties; or (2) such persons or entities that shall have first obtained official written permission; and WHEREAS, the attached City Logo “Exhibit A” is adopted as the original logo of the City of Milton. Page 2 of 2 NOW, THEREFORE, LET IT BE RESOLVED, the Mayor and Council of the City of Milton does hereby approve the attached City Logo (“Exhibit A”). RESOLVED this 7th day of January, 2013. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) EXHIBIT A HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' MILTON't ESTABLISHED 2006 Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ELECTING ABSENT MUNICIPALITY STATUS REGARDING ALL FUTURE LOST PROCEEDINGS RELATED TO AND TRIGGERED BY THE 2010 CENSUS WHEREAS, Fulton County, Georgia and all of the municipalities located therein , including the City of Milton, are currently in the process of trying to reach amicable resolution with respect to each respective jurisdictions Local Option Sales Tax distribution, in accord with O.C.G.A. 48-8-80, et.seq.; and WHEREAS, in the absence of such amicable resolution, it may be necessary for either Fulton County or any of the qualified municipalities to petition the Fulton County Superior Court seeking court assisted resolution of all those issues remaining in dispute (“Baseball Arbitration”) (O.C.G.A. 48-8-89 (d)(4)(A)); and WHEREAS, this Baseball Arbitration procedure contemplates that both the County and those qualified municipalities representing no less than fifty percent of the aggregate municipal population of all qualified municipalities within the County shall ‘separately’ submit to the judge and the other parties a written best and final offer specifying the distribution the tax proceeds (O.C.G.A. 48-8-89 (d)(4)(B)); and WHEREAS, in addition, any qualified municipality that is not a party to the offer contemplated in O.C.G.A. 48-8-89(d)(4)(B), and who represent at least one half of the aggregate municipal population of all remaining qualified municipalities, is authorized to separately submit to the judge a written best and final offer (O.C.G.A. 48-8-89(d)(4)(C)); and WHEREAS, any offer contemplated in either O.C.G.A. 48-8-89(d)(4)(B) and (C) “shall take into account” the allocation required for any absent municipality (O.C.G.A. 48-8- 89(d)(4)(D)); and WHEREAS, O.C.G.A. 48-8-89(b), provides that an absent municipality shall be entitled to a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absentee municipality’s population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district; and WHEREAS, as noted by the Georgia Attorney General, an absent municipality cannot be forced under O.C.G.A. 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality’s population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. (See, May 10, 2012 Unofficial Opinion of the State Attorney General, attached hereto as Exhibit A); and Page 2 of 2 WHEREAS, based upon the City of Milton’s population percentage of the entire total population of all qualified municipalities within Fulton County, the City Council believes that there is no practical or legal advantage to the City of Milton assuming any posture other than that of an absentee municipality; and WHEREAS, the Mayor and City Council desire for and hereby elect to become an “absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, that the City elects to be an “absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census; and BE IT FURTHER RESOLVED, that the City Clerk is directed to provide copies of this Resolution to the mayor of each municipality located within Fulton County, to the Fulton County Board of Commissioners, and to the Georgia Department of Revenue. RESOLVED this _____ day of ____________, 2013. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk SAMUEL S. OLENS ATTORNEY GENERAL David B. Davidson, Esq. City Attorney 38 Hill Street Roswell, Georgia. 30075 GEORGIA DEPARTMENT OF LAW 40 CAPITOL SQUARE SW ATLANTA, GA 30334-1300 UNOFFICIAL OPINION l'1 Yl, Ie'd mt) _ It 146-3Lf www.law.ga.gov (404)656-3300 Re: An absent municipality cannot be forced under O. C. G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds distributed to all qualified municipalities in the county than the percentage the absent municipality's population is of the total population of all such qualified municipalities. Dear Mr. Davidson: As the City of Roswell's attorney, you have asked for this office's opinion about how to calculate the minimum share of local option sales and use tax ("LOST") proceeds to which an absent qualified municipality is entitled under O.C.G.A. § 48-8-89. Your question has been prompted by upcoming, statutorily -mandated negotiations between Fulton County and its qualified municipalities regarding those distributions. See O.C.G.A. § 48-8-89(d)(1) ("A certificate providing for the distribution of [LOST monies] shall expire on December 31 of the second year following the year in which [a] decennial census is conducted. No later than December 30 of [such] second year ... , a new distribution certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with ... the [Revenue] commissioner.") For the reasons discussed below, it is my unofficial opinion that an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality's population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. The State Revenue Commissioner administers and collects LOSTs, which are levied pursuant to Article 2 of Chapter 8 of Title 48, for the use and benefit of the county and each qualified municipality located wholly or partially therein. O.C.G.A. § 48-8-87. See generally O.C.G.A. § 48-8-80 (defining "qualified municipality"). "One percent of the amount collected [by the Commissioner is] paid into the general fund of the state treasury in order to defray the costs of administration," O.C.G.A. § 48-8-89(a)(1), and "the remaining proceeds ... [are] distributed to ... each qualified municipality ... and ... the county[.]" O.C.G.A. § 48-8-89(a)(2). The Commissioner makes those distributions "in accordance with a certificate ... executed [on] David B. Davidson, Esq. Page 2 behalf of each [affected city and county] ... and which ... specif[ies] by percentage that portion of the remaining proceeds ... each such political subdivision shall receive." O.C.G.A. § 48-8-89(b). However, not every qualified municipality has to agree to a LOST distribution certificate in order for that certificate to be effective. [I]f the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities .... the submitting political subdivisions shall, [on] behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities ... multiplied by that portion of the remaining proceeds which are received by all qualified municipalities[.]" O.C.G.A. § 48-8-89(b). See generally City of Winder v. Collins, 259 Ga. 570, 571 (1989) ("[T]he act ... protects the majority from a possible minority holdout .... The act also protects the qualified minority municipalities by guaranteeing them a proportional share of the proceeds of the local taxes which their citizens approved and will be forced to pay even if the minority municipalities cannot reach an agreement with the majority.") As previously noted, a LOST distribution certificate must be renegotiated by a county and its qualified municipalities following a decennial census. "The eligible political subdivisions shall commence [those] renegotiations at the call of the county governing authority before July 1 of the second year following the year in which the census is conducted." O.C.G.A. § 48-8-89(d)(2). See also id. ("If the county governing authority does not issue the call by that date, any eligible municipality may[.]"). If the respective governing authorities are unable to reach an agreement within 60 days after renegotiations begin, the parties must "submit the dispute to nonbinding arbitration, mediation, or ... other means of resolving conflicts." O.C.G.A. § 48-8-89(d)(3). Should those efforts not produce an agreement within another 60 days, any party "may file a petition in superior court of the county seeking resolution of the items remaining in dispute." O.C.G.A. § 48-8-89(d)(4)(A). Once in superior court, "the county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities ... shall separately submit to the judge ... a written best and final offer specifying the distribution of the tax proceeds." O.C.G.A. § 48-8-89(d)(4)(B).1 Each such offer "shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of [Code Section 48-8-89]." O.C.G.A. § 48-8-89(d)(4)(D). The judge is required 1 "[Q]ualified municipalities that are not represented in the offer from the qualified munici-palities representing at least one-half of the aggregate municipal population" may elect to join with the county in making an offer. O.C.G.A. § 48-8-89(d)(4)(B). In addition, "[a]ny qualified municipality or municipalities ... who are not a party to [another] offer ... , and who represent at least one-half of the aggregate municipal population of all qualified municipalities who are not a parry to [another] offer ... , shall be authorized to separately submit [their own offer] to the judge." O.C.G.A. § 48-8-89(d)(4)(C). UNOFFICIAL OPINION David B. Davidson, Esq. Page 3 to "adopt the best and final offer of one of the parties," enter a final order containing,the new distribution certificate, and transmit a copy of it to the Revenue Commissioner. Id. Under the statutes cited above, an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality's population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. See generally City of Atlanta v. Collins, 262 Ga. 261, 263-64 (1992) ("[O]nly the portion of a city's population that resides within the special tax district is included when calculating a municipality's pro rata share of the local option sales tax proceeds in that district.") To illustrate how O.C.G.A. § 48-8-89 works in practice, consider the following example, where City A, Absent City B, and Absent City C are all the municipalities in the county in which a LOST is imposed and each is a "qualified municipality": Political Subdivision % of Coun1y Papulation County 20% (unincorporated) City A 42% Absent City B 15% Absent City C 23% Because the population of City A is more than 50% of the population of all the qualified municipalities in the county, City A and the county are allowed by O.C.G.A. § 48-8-89 to execute a certificate for distributing LOST proceeds on behalf of all the affected jurisdictions. Assume City A and the county are proposing that the county receive 35% of the proceeds remaining after the Revenue Commissioner subtracts his portion. In that case all the qualified municipalities would share 65% of those remaining LOST proceeds. Absent City B's population is 18.75% (i.e., 15% - 80%) of the population of all the qualified municipalities, so that city's percentage of the remaining LOST proceeds cannot be less than 12.1875% (i.e., 18.75% x 65%). Similarly, Absent City C's percentage of the remaining LOST proceeds must be at least 18.6875% (i.e., [23% - 80%] x 65%). That would leave City A with 34.125% of the remaining LOST proceeds (i.e., 100% - 35% - 12.1875% - 18.6875%, which also equals [42% - 80%] x 65%). To put dollar amounts with this example, assume that in a particular year there will be $100 million in LOST proceeds remaining after the Revenue Commissioner's share is taken out. If the distribution certificate uses the percentages set out above, Absent City B's share of the $100 million would be 12.1875%, or $12,187,500. (Looked at differently, Absent City B would be entitled to 18.75% of the $65 million that all the qualified municipalities would share, which also equals $12,187,500.) For their part, City A and Absent City C would receive $34,125,000 and $18,687,500, respectively, and the county would get the rest (i.e., $35 million). UNOFFICIAL OPINION David B. Davidson, Esq. Page 4 Therefore, it is my unofficial opinion that an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds distributed to all qualified municipalities in the county than the percentage the absent municipality's population is of the total population of all such qualified municipalities. Issued this Ir.. day of 2012. G� Sincerely, 4- c SAMUEL S. GLENS Attorney General Prepared by: Warren R. Calvert Senior Assistant Attorney General UNOFFICIAL OPINION City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 4) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: In accordance with the city’s agreement with the Georgia Department of Transportation the city is responsible for right of way acquisition for the proposed intersection improvements at Birmingham Highway (SR 372)-Providence Road-New Providence Road (PI Number 00005448).The city has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 4 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 4. Funding and Fiscal Impact: Funding for this project is available in the Capital Grant fund for this project. The appraised value of the easements and right of way is $45,700. Alternatives: Redesign the project to avoid all impacts to this property. This would increase the impacts to other properties at the intersection and require additional right of way and easement acquisition from those owners. The project would be delayed and additional costs incurred due to the need for the redesign, environmental approvals and acquisition costs. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 12/26/2012 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Condemnation Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. Page 1 of 2 A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 4 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in New Providence, LLC its successors or assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. Page 2 of 2 RESOLVED this ____ day of January, 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________ Sudie AM Gordon, Clerk At IM cri chi AIN O � O a � w a C : �: WN i �nFiN T�E��•Jh0 � r„yw rn._�N-M.-I :'µ�'�� vIn IM :33333 :i•�i r�vih -W- i wm �i �iA i MEM -M AIN O � O a :'µ�'�� is �x ;� � � � R q��14 �•�5�1s- �� -4; Lei 7 � •4- :33333 :i•�i r�vih -W- i wm �i �iA i MEM a I -M AIN O � O a :'µ�'�� is :ale EA1 � :�4 t •.'.,5�'gw��'•^�� : $' $ � Sive �r : �p I R�p:R$Si�:'�5�-,� : � � �SiR��Ce� wegal ;Eau a I -M O � O a is City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on December 26, 2012 for the January 7, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 6) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: In accordance with the city’s agreement with the Georgia Department of Transportation the city is responsible for right of way acquisition for the proposed intersection improvements at Birmingham Highway (SR 372)-Providence Road-New Providence Road (PI Number 00005448).The city has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 6 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 6. Funding and Fiscal Impact: Funding for this project is available in the Capital Grant fund for this project. The appraised value of the easements and right of way is $33,050. Alternatives: Redesign the project to avoid all impacts to this property. This would increase the impacts to other properties at the intersection and require additional right of way and easement acquisition from those owners. The project would be delayed and additional costs incurred due to the need for the redesign, environmental approvals and acquisition costs. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 12/26/2012 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Condemnation Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. Page 1 of 2 A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 6 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in Joseph J. Miller, Randy O. Miller, Nancy G. Rolneck, Gary Donner, Sheila Donner, Howard B. Workman, Ronald D. Balser, H. Stephen Merlin, & Lawton M. Nease, III, as trustees of J. Gordon Beckham, Jr., Trust created under Trust Agreement dated December 16, 1987, Self Realization Fellowship and Ecclesiastic Association of the State of California, and Jeff Van Tosh, their successors and assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. Page 2 of 2 RESOLVED this ____ day of January, 2013. 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