HomeMy WebLinkAboutPacket-10-04-2007CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa
Rick Mohrig
Thursday, October 4, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-382)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
7) CONSENT AGENDA
(Agenda Item No. 07-383)
1 Approval of the August 9, 2007 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-384)
2 Approval of the August 16, Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 4, 2007 - 7:00 P
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
(Agenda Item No. 07-385)
3 Approval of the August 23, 2007 Special Called Meeting Minutes for the 5:30 PM mtg.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-386)
4 Approval of the August 23, 2007 Special Called Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-387)
5 Approval of the August 23, 2007 Special Called Meeting Minutes for the 8:30 PM mtg.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) ZONING AGENDA (See First Presentation for 1st Readings)
9) FIRST PRESENTATION
(Agenda Item No. 07-388)
1. RZ07-012 - 980 Birmingham Road - To rezone from C-1 to C-1 to allow the existing
wine store to sell liquor/spirits not to exceed 30% of its total inventory.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-389)
2. RZ07-016 - Text Amendment to the City of Milton Zoning Ordinance, Article 12G,
State Route 9 Overlay District.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-390)
3.Approval of an Ordinance to Adopt Revisions to the City of Milton Personnel Policy
Handbook.
(Presented by Carol Wolfe – CH2M Hill-OMI)
(Agenda Item No. 07-391)
4.Approval of a Telecommunications Ordinance
(Presented by Tom Wilson, Community Development Director)
10) UNFINISHED BUSINESS (none at this time)
11) NEW BUSINESS (none at this time)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
1. Crabapple Update on Crossroads at Crabapple Antique and Art Festival
(Presented by Linda Blow, Project Coordinator)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 4, 2007 - 7:00 P
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
(Agenda Item No. 07-392)
14) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss personnel.
(Agenda Item No. 07-393)
15) ADJOURNMENT
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
A
City of Milton
13000 Deefield Parkway, Suite to?, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: September 25,2007
FROM: Interim City Manager
AGENDA ITEM: RU171012 -980 Birmingham Road -To rezone from C-1 to C-1 to allow
the existing wine store to sell IiquorJspirits not to exceed 30% of its total
inventory.
MEWING DATE: Thursday, October 4, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: RAPPROVED() NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES KNO
CITY ATTORNEY REVIEW REQUlRED: ()YES )(NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PETITION NUMBER:
RZ07-012
PROJECT NAME
Barn Bottle Shop
PROPERTY INFORMATION
ADDRESS 980 Birmingham Road, Suite 304
DISTRICT, LAND LOT 2/2, 380
OVERLAY DISTRICT Birmingham Crossroads Overlay
EXISTING ZONING C-1 (Community Business) Z04Z-043
PROPOSED ZONING C-1 (Community Business)
ACRES 8.5
EXISTING USE Retail Shopping Center
PROPOSED USE To allow existing wine store to sell liquor/spirits not to exceed 30%
of its floor area
OWNER A.G. Armstrong
ADDRESS 13801 N. Dale Mabry Hwy Suite 200
Tampa, FL 33618
PETITIONER/REPRESENTATIVE Timothy Allen
ADDRESS 904 Ravenwood Way
Canton, GA 30015
PHONE 404-925-9158
INTENT
To rezone from C-1 (Community Business) to C-1 (Community Business) to modify
Condition 1.a. of zoning petition Z04-043 to allow the existing wine store to sell
liquor/spirits not to exceed 30% of its floor area.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
DENIAL - RZ07-012
PLANNING COMMISSION RECOMMENDATION
DENIAL – RZ07-012
4-3
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 1 of 16
RZ07-012
R/P Z04-043
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 2 of 16
RZ07-012
R/P Z04-043
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 3 of 16
RZ07-012
R/P Z04-043
SITE PLAN – July 9, 2007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 4 of 16
RZ07-012
R/P Z04-043
PICTURE OF SUBJECT SITE
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 5 of 16
RZ07-012
R/P Z04-043
SUBJECT SITE:
The 8.5 acre site is located at the northeast intersection of Birmingham Highway (Ga.
Hwy. 372) and Birmingham Road. Zoned C-1 (Community Business) and AG-1
(Agricultural) pursuant to Z04-43 and the site is currently developed with as a
retail/office shopping center that includes a Publix grocery store and other smaller
retail and service uses within the C-1 district.
Standards of Review
(Article 28.4.1) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors A. through G.,
below, as well as any other factors it may find relevant.
A. Whether or not the proposal will permit a use that is suitable in view of the use
and development of adjacent and nearby Property?
Based on existing policy not to allow liquor package stores on the subject site
pursuant to Z04-043 and Z04 -116 located on the southwest corner of
Birmingham Hwy and Hickory Flat Road and east of Birmingham Hwy, south of
the corner, it is Staff’s opinion that the proposed change in use is not suitable
for the subject site.
B. Whether or not the proposal will adversely affect the existing use or usability of
adjacent or nearby property?
In Staff's opinion, the proposed development will not have an adverse effect
on the use or usability of adjacent and nearby properties if developed in
accordance with the Recommended Conditions.
C. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site has a reasonable use as currently zoned.
D. 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 anticipates some impact on public services and facilities.
E. Whether the proposal is in conformity with the policies and intent of the land
use plan?
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 6 of 16
RZ07-012
R/P Z04-043
The proposed request is consistent with the policies and intent of the 2025
Focus Fulton Comprehensive Plan which incorporates the Birmingham
Crossroads of the Northwest Overlay District.
LAND USE PLAN MAP: Retail/Service
Proposed use/density: Retail/Office 9,753.53 square feet per acre
The adoption of the Birmingham Crossroads Plan on March 3, 2004 to indicates
a total of 27.1 acres of retail and service uses within the four quadrants at the
intersection of Birmingham Highway and Birmingham Road. Parks, Recreation
& Conservation uses are recommended beyond the commercial node in the
northwest quadrant of the intersection. The remaining areas beyond the
commercial nodes are designated for agricultural, forestry and mining uses.
PLAN POLICIES:
• Encourage a broad range of business types and an even distribution of
employment centers among the major divisions of the City.
• The Birmingham Crossroads will develop in village type pattern.
• The Birmingham Crossroads will be pedestrian oriented.
• Development at the Birmingham Crossroads will be contained.
F. 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 Fulton County Board of Commissioners approved the existing C-1
(Community Business) zoning pursuant to Z04-043 which did not allow liquor
package stores on the subject site. In addition, the Board of Commissioners
approved a mixed use development pursuant to Z04-116 located to the south
and south west of the subject property which also does not allow liquor
package stores.
Staff notes that during the public hearing for Z04-043, explanation of the
subject site to the Board of Commissioners on November 3, 2004, it was stated
that within Condition 1.a. that liquor stores except for wine stores were to be
excluded. Although this exact condition to allow wine stores was not reflected
in the approved zoning conditions, it is Staff’s opinion that a wine store is
permitted for the site but without any liquor sales. The applicable license to sell
liquor must meet different standards than the license to sell beer and wine and
therefore liquor cannot be sold under the same type of license as beer and
wine.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 7 of 16
RZ07-012
R/P Z04-043
Based on the existing policy on the subject site as well as approved zonings to
the south and southwest not to allow liquor package stores, Staff recommends
that the request to allow 30 percent of the wine store’s floor area to be
liquor/spirits be DENIED.
G. 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?
Staff notes that the proposed rezoning will have a minimal impact on the
environment and natural resources.
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1 AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Minimum 1,100
square feet)
Northeast
and
further
East
1 AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
East 2 AG-1 (Agricultural) – Z04-115
Sanitary Sewer Station and
Park Area
N/A
Southeast 3 AG-1 (Agricultural)
Electrical Substation
N/A
South 4
Z85-171
M-1 (Light Industrial) Grading
Company and
South 5
U92-002
C-1 Unconditional
(Undeveloped) Use Permit for
a Cellular Tower
N/A
Further
South
and
Southwest
6
Z04-116
MIX (Mixed Use)
Undeveloped residential to
the south and developed
office/retail to the southwest
1,266.97 sq.ft/acre
for retail
5,671.2 sq.ft./acre
for office
4.98 units per acre
for townhomes
10,000 sq.ft day
care center
West 7 C-1 Unconditional
Texaco Gas Station and
Retail
N/A
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 8 of 16
RZ07-012
R/P Z04-043
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 9 of 16
RZ07-012
R/P Z04-043
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on August 9, Staff offers the following considerations:
The applicant is not requesting any changes to the site plan but only to the use;
therefore Staff does not have any considerations regarding the site plan.
PUBLIC INVOLVEMENT
On August 22nd, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were two members of the
community in attendance. Those individuals did not express any specific concerns
with the proposed project.
Public Comments – Staff has received one e-mail in opposition to the proposed sale
of liquor within the wine store.
City of Milton Design Review Board Meeting – September 4, 2007
Staff did not request that the applicant appear before the DRB based on the
proposed change in use.
Public Notice Requirement
The use permit petition was advertised in the Milton Herald on September 5, 2007 and
the sign was installed before the required date of September 5, 2007 along the
frontage of Birmingham Highway and Birmingham Road. The notice of rezoning was
sent, to adjacent property owners, on July 31, 2007.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 days prior to the
Mayor and City Council meeting.
CONCLUSION
Staff recommends that the requested rezoning to allow the sale of liquor/spirits not to
exceed 30% its floor area within the Barn Bottle Shop be DENIED based on current
policy on the subject site as well as in the immediate area not to permit the sale of
liquor/spirits.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 10 of 16
RZ07-012
R/P Z04-043
CONDITIONS OF ZONING
If this petition is approved by the Mayor and City Council, it should be approved C-1
(Community Business) 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. Retail, service commercial and accessory uses, including all exterior
food and beverage service areas, at a maximum density of 8,103.6 gross
square feet per acre zoned or a total of 68,880 square feet, whichever is
less, but excluding convenience stores with gas pumps, freestanding fast
food restaurants, commercial amusements (cinemas not included),
billboards, gas and service stations, liquor package stores but excluding
wine shops with no more than 30% of its floor area being liquor/spirits,
motels, hotels, adult entertainment establishments, check cashing stores,
pawn shops, coin operated laundries, convenience stores, video
arcades, pool halls, massage parlors, nail salons,beauty salons, barber
shops, flea markets, discount retail shops, roadside vending, roadside
produce stands or seasonal vending.
b. Office/institutional and accessory uses at a maximum density of 1,650
square feet of gross floor area per acre zoned or a total gross floor area
of 14,025 square feet, whichever is less, but excluding hotels.
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Community Development Department
on July 9, 2007. Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Ordinance 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. Limit development to a maximum of 33,000 square feet of
retail/commercial and 35,000 square foot of office uses until such time a
LDP (Land Disturbance Permit) is issued on property pursuant to zoning
petition 2004Z-0116 NFC.
3. To the owner's agreement to the following site development considerations:
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 11 of 16
RZ07-012
R/P Z04-043
a. No more than two (2) exit/entrances on Birmingham Highway (SR 372).
Curb cut location and alignment are subject to the approval of the City
Traffic Engineer.
b. No more than three (3) exits/entrances on Birmingham Road. Curb cut
location and alignment are subject to the approval of the City Traffic
Engineer.
c. Increase the maximum building size from 25,000 square feet to 28,800
square feet. (2004VC-0040 NFC)
d. To allow shared parking.
4. To the owner's agreement to abide by the following requirements, dedication
and improvements:
a. Reserve for the City along the necessary property frontage of the
following roadways, prior to the approval of a Land Disturbance permit,
sufficient land as necessary to provide for compliance with the
Comprehensive Plan. All building setback lines shall be measured from
the dedication but at no time shall a building be allowed inside the area
of reservation. All required landscape strips and buffers shall straddle the
reservation line so that the reservation line bisects the required
landscape strip or buffer. At a minimum, 10 feet of the required
landscape strip or buffer shall be located outside the area of
reservation. All required tree plantings per Article 4.23 shall be placed
within the portion of the landscape strip or buffer that lies outside the
area of reservation.
• 55 feet from centerline of Birmingham Highway (SR 372) or as may
be required by the Georgia Department of Transportation.
• 45 feet from the centerline of Birmingham Road
b. Dedicate at no cost to the City along the entire property frontage, prior
to the approval of a Land Disturbance Permit, sufficient land as
necessary to provide the following rights-of-way, and dedicate at no
cost to Fulton County such additional right-of-way as may be required to
provide at least 10.5 feet of right-of-way from the back of curb of all
abutting road improvements, as well as allow the necessary construction
easements while the rights-of-way are being improved:
• 30 feet from centerline of Birmingham Road.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 12 of 16
RZ07-012
R/P Z04-043
• 30 feet from centerline of Birmingham Highway (SR 372) or as may
be required by the Georgia Department of Transportation.
c. Provide roundabouts on Birmingham Road at the project entrances to
eliminate the requirement for additional turn lanes or as may be
approved by the City Traffic Engineer.
d. Provide a deceleration lane for each project entrance or as may be
required by the City Traffic Engineer.
e. Provide a left turn lane for each project entrance or as may be required
by the City Traffic Engineer.
f. Provide signalization at the intersection of Birmingham Highway and
Birmingham Road or as required by the City Traffic Engineer.
g. Provide a traffic impact study to the City Traffic Engineer at the time of
conceptual review.
h. Provide intersection improvements at Birmingham Highway (SR 372) and
Hickory Flat Road/ Birmingham Road as required by the City Traffic
Engineer.
i. Provide a traffic impact mitigation plan to reduce the number of
vehicular trips generated by the development to the City Traffic
Engineer at the concept review phase.
j. Investigate the option of providing on street parking along Birmingham
Highway and Birmingham Road with the Georgia Department of
Transportation.
5. To the owner's agreement to abide by the following:
a. Prior to submitting the application for a (LDP) with the Community
Development Department, arrange to meet with the City Traffic
Engineer. A signed copy of the results of these meetings will be required
to be submitted along with the application for a Land Disturbance
Permit.
b. Prior to submitting the application for an LDP, arrange an on-site
evaluation of existing specimen trees/stands, buffers, and tree
protection zones within the property boundaries with the City Arborist. A
signed copy of the results of these meetings will be required to be
submitted along with the application for an LDP.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 13 of 16
RZ07-012
R/P Z04-043
c. Prior to submitting the application for an LDP, the developer/engineer
shall contact the Public Works Department, Water Services Division, and
arrange to meet on-site with an engineer from the Surface Water
Management Program (SWMP), who is responsible for review of Storm
Water Concept Plan submittals.
d. Prior to submitting the application for an LDP, the developer and/or
engineer shall submit to the SWMP, through the Community
Development Department, a project Storm Water Concept Plan. This
concept plan shall indicate the preliminary location of the storm water
management facilities intended to manage the quality and quantity of
storm water. The concept plan shall specifically address the existing
downstream off-site drainage conveyance system(s) that the proposed
development surface runoff will impact, and the discharge path(s) from
the outlet of the storm water management facilities to the off-site
drainage system(s) and/or appropriate receiving waters. As part of the
Storm Water Concept Plan submittal, a preliminary capacity analysis
shall be performed by the engineer on the off-site drainage system(s)
points of constraint. The capacity analysis shall determine the capacity
of all existing constraint points, such as pipes, culverts, etc. from the point
of storm water discharge at the proposed development site boundary
downstream to the confluence of the receiving drainage course at a
point where the drainage area is at least ten times the proposed
development site area and the next downstream drainage area having
a drainage area of fifty acres or more. The critical capacity points shall
be selected based upon the engineer’s field observation, professional
judgment and limited field survey data. The analysis shall identify the
downstream properties pre and post-development 100-year water
surface elevations, and for any post-development water surface
elevation increase exceeding 0.05 feet, the developer shall acquire the
applicable offsite drainage easement to accommodate the 100-year
storm flow through impacted properties where Fulton County has
completed a model of the basin, it shall be used by the developer in the
analyses.
e. Where storm water currently drains by sheet flow and it is proposed to be
collected to and/or discharged at a point, such that the discharge from
the storm water management facility outlet crosses a property line, such
discharge shall mimic pre-development sheet flow conditions. A
description of the method proposed to achieve post-development
sheet flow conditions shall be provided as part of the Storm Water
Concept Plan. Should the method to achieve sheet flow across an
external property line be unsuccessful, the developer shall acquire an
easement(s) from the point of discharge to a point down gradient at a
live dry weather stream sufficient to contain the 25 year storm flow or
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 14 of 16
RZ07-012
R/P Z04-043
other location as approved by the Director of Public Works. This
condition will not apply when the storm water management facility is
designed and approved to discharge directly to a stream or
watercourse.
f. A draft of the Inspection and Maintenance Agreement required by
Fulton County Code Section 26-278 shall be submitted to the
Department of Public Works with the Storm Water Concept Plan.
g. The Inspection and Maintenance Agreement shall provide that all storm
water management/detention facility outlet control structures shall be
inspected, photographed and cleaned, if necessary, on a monthly
basis, by the owner. The Inspection and Maintenance Agreement shall
require that the design engineer shall prepare an operation and
maintenance guidance document, for use by the owner and/or any
professionals retained by the owner, to plainly describe the basic
operational function of the facility(ies), including a description of a
permanent marker post(s) which shall indicate that the level of sediment
which, if exceeded, requires sediment removal. The Inspection and
Maintenance Agreement shall require an annual operation and
maintenance report for all storm water management/detention facilities
be prepared by a licensed design professional and submitted to the
SWMP. The annual report shall include monthly inspections, photographs,
and documentation of the cleaning of storm water
management/detention facilities outlet control structure(s) as well as an
operational assessment of the facilities indicating that they do, or do
not, function as described in the design guidance document (described
above), and if they do not, a description of the specific actions to be
taken to allow the facilities to function as intended.
h. The required Inspection and Maintenance Agreement shall be recorded
with the Clerk of Superior Court prior to issuance of an LDP, Grading
Permit or Building Permit associated with the development.
i. The engineer/developer is required to submit, along with the application
for an LDP, signed documentation verifying approval of the Storm
Water Concept Plan.
j. Where paved parking areas (including access aisles) are proposed to
exceed 5,000 square feet, the storm water management facilities shall
be designed to reduce pollutants such as oil, grease and other
automobile fluids that may leak from vehicles. A general description, or
concept, of the storm water management facilities proposed to
achieve the removal of such pollutants shall be submitted with the Storm
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 15 of 16
RZ07-012
R/P Z04-043
Water Concept Plan. A detailed design of such facilities shall be
included in applicable documents for a land disturbance permit.
k. With the application for an LDP, provide documentation (such as
channel cross-sections, centerline profile, etc.) describing the geometry
of those existing natural streams, creeks, or draws within the proposed
development boundary which in the design engineer’s judgment are at
risk of erosion due to increased flow, provide a description of the basis
utilized in judging areas to be at risk, and provide details on the Storm
Water Management Plan of the post-development channel bank
protection measures.
l. The developer/engineer shall demonstrate to the City by engineering
analysis submitted with the LDP application, that the discharge rate and
velocity of the storm water runoff resulting from the development is
restricted to seventy-five percent (75%) of the pre-development
conditions for the 1-year frequency storm event, up to and including the
ten (10)-year frequency storm event.
m. Drainage from all disturbed areas shall be collected and conveyed to a
storm water management facility provided as part of the development.
The Storm Water Concept Plan shall identify any proposed areas with
incidental and minor release of water not conveyed to such facilities,
subject to the approval of the Director of Public Works. Plans for any
land disturbance permit shall show all proposed drainage patterns for
the proposed development after its completion. Any incidental release
of unmanaged or untreated storm flows from any disturbed portion of
the developed property shall be allowed only with the approval of the
Director of Public Works. Other minimal incidental flows specifically
approved by the Director of Public Works, bypass flows will not be
permitted except from undisturbed areas within a buffer or other
protected easement. Final plans shall provide for collection,
conveyance and treatment of all but approved incidental flows from
developed lots or parcels, individual residences or building structures.
n. Storm water management facility(ies) volumes shall be designed to
achieve water quality treatment, channel protection, over bank flood
protection and extreme flood protection in accordance with the
Georgia State Storm water Manual, except that the duration of release
for water quality treatment should be 48 hours.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on October 18, 2007
9/27/2007 Page 16 of 16
RZ07-012
R/P Z04-043
A
City of Milton
73000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Counci! DATE: September 25,2007
FROM: Interim City Manager
AGENDA ITEM; RZ07-016 -Text Amendment to the City of Milton Zoning Ordinance,
Article 12G, State Route 9 Overlay District.
MEETING DATE: Thursday, October 4, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages tf necessary)
See atlached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: OYES ~QNO
ClTY ATTORNEY REVIEW REQUIRED: ()YES ()(NO
APPROVAL BY CITY ATTORNEY () APPROVED (3 NOTAPPROVED
PLACED ON AGENDA FOR: ( 0 6 07
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Carol Wolfe, CH2M Hill OMI Director of City Operations
Date: Submitted September 20, 2007 for October 18, 2008 Council Meeting
Agenda Item: Approval of an Ordinance Adopting Revisions to the Personnel Policy Handbook
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance providing for city wide policies on personnel management
procedures and practices.
Background:
The City currently manages personnel through an approved Personnel Policy Handbook.
These policies are intended to provide city management, supervisors and employees a
consistent framework in addressing personnel related matters. The policies serve as the
backbone of the Operations Department/Human Resources Division and allow staff to develop
specific operating guidelines relating to personnel.
Discussion:
Having been a city for a year, there are additions, corrections, and revisions needed in the
handbook to continue to stay current with best practices in personnel management. Those
changes are as follows:
1) Additional language regarding vacation/sick leave donations and a catastrophic sick
leave bank to the already existing Employee Benefits Leave Policy (Chapter 2, Page 9)
2) Expansion of language included in the Worker’s Compensation Policy (Chapter 2, Page
17)
3) Addition of random substance abuse testing language to the already existing Substance
Abuse and Alcohol and Drug Testing policy (Chapter 3, Page 12).
4) Various clerical corrections and clarifications throughout the document, none of which
change the intention of the applicable policy.
The substantive changes in the document are highlighted for quick reference.
Alternatives:
None identified.
Concurrent Review:
Chris Lagerbloom, Acting City Manager
Connie Jacobs, Human Resources Manager
X:\City Clerk\Master Agendas 2007\October 4\Memo Personnel Policies.doc
ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED APRIL 19, 2007
ARTICLE XII-G
State Route 9 Overlay District
12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton,
Georgia hereby declares it to be the purpose and intent of this Ordinance to
establish a uniform procedure for providing for the protection, enhancement,
preservation, unity of design, and use of places, sites, buildings, structures,
streets, neighborhoods, and landscape features in the State Route 9 Overlay
District in accordance with the provisions herein.
This Ordinance is adopted as part of a strategy designed to promote the health, safety,
order, prosperity, and general welfare of the citizens of Milton through the regulation
of design, aesthetics, location, bulk, size of buildings and structures, and the density
and distribution of population.
This Ordinance also seeks to reduce congestion on the streets; to provide safety from
fire, flood and other dangers; provide adequate light and open space;
protect the natural environment and address other public requirements, in order
to provide sustainable development that involves the simultaneous pursuit of
economic prosperity, environmental protection and social quality.
This Ordinance also seeks, among other things, to promote accepted design
principles in areas of new development and redevelopment, to raise the level of
community understanding and expectation for quality in the built environment,
to protect and enhance local aesthetic and functional qualities, and to stimulate
business and promote economic development.
In consideration of the character of the State Route 9 District, these regulations
are to monitor the suitability for certain uses, construction and design, prevent
functional and visual disunity, promote desirable conditions for community and
commerce and protect property against blight and depreciation.
12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State
Route 9 Overlay District applies to all properties (except single family detached
dwelling units) within the area delineated on the attached map: State Route 9 Zoning
Overlay District, September 4, 2003. The State Route 9 Overlay District also applies
to those properties annexed into the City of Milton within the area delineated on the
attached map.
Within the State Route 9 Overlay District, land and structures shall be used in
accordance with the standards of the underlying district.
Whenever provisions of this Article conflict with any other Article in the Zoning
Ordinance of the City of Milton or any other City ordinances, regulations, or
Ordinances, the standards set forth in this Article XII-G shall prevail.
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Deleted: zoned or developed for¶
nonresidential and residential uses
12G.3. DESIGN REVIEW BOARD
The City of Milton Design Review Board (Article XII-H) as set forth in Section
12.H.2 of the Ordinance, shall review all plans for development (except for single
family detached dwelling units) in the State Route 9 Overlay District for compliance
with the standards herein and shall make recommendations to the Community
Development Department prior to the approval of a Land Disturbance Permit,
Building Permit, Demolition Permit or Primary Variance.
12G.4. DEVELOPMENT STANDARDS.
12G.4. A. Landscaping
1. A minimum 20-foot wide landscape strip along the following roads
when Article 4 of the Zoning Ordinance specifies a smaller landscape
strip:
State Route 9, Windward Parkway, Deerfield Parkway, Cogburn
Road, Webb Road, Morris Road, and Bethany Bend Road
2. A minimum 10-foot wide landscape strip along any interior property
line adjacent to a nonresidential zoning and/or use.
3. For each thirty (30) linear feet of landscape strip, a minimum of
one 3” caliper hardwood shade tree is required to be planted in
the center of the landscape strip or as approved by the Director.
12G.4. B. Undisturbed Buffers
1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer,
with a 10-foot improvement setback, shall be located adjacent to all
AG-1 zoning districts and all property zoned, used or developed for
residential uses.
2. For sites on more than four acres, a seventy-five (75) foot-wide
undisturbed buffer, with a 10-foot improvement setback, shall be
located adjacent to all AG-1 zoning districts and all property zoned,
used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species from the
“Acceptable Evergreen Plan Material for City of Milton Undisturbed
Buffers” shall be used.
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C.. Screening and Fencing
1. If visible from a public right-of-way or adjacent residential use,
rear or side parking and loading areas shall be screened from
view by one of the following methods: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Side parking on a corner lot facing a
side street does not need to be screened.
2. Where a parking lot, parking structure or gas fueling bay fronts
directly on a public street, a continuous screen of evergreen
plantings shall be provided. Said screen shall be 3 feet in height
at planting and 4 feet minimum height at maturity and 3 feet to 8
feet in width at maturity.
3. Retaining walls shall be faced with or constructed of stone, brick,
or decorative concrete modular block only. If any retaining wall
equals or exceeds three feet in height, a continuous evergreen
planting shall be required adjacent to it.
4. Refuse areas and receptacles shall be placed in the least visible
location from public streets and shall be enclosed on 3 sides with
opaque walls. The 4th side shall be a self-closing gate made from
non-combustible materials. Opaque walls shall be a minimum of
12 inches higher than the receptacle. Wall materials shall be
noncombustible brick or stone. Refuse receptacles shall not be
placed within 50 feet of an existing residential or AG-1
(Agricultural) property line.
5. Accessory site features located on the ground shall be screened
from view from any public right-of-way or any residential use by
one or a combination of the following: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Where walls or fences are used in
lieu of planted screens, landscape materials shall be incorporated
into the screening scheme.
6. Accessory site features are prohibited in the front yard or in any yard
adjacent to a street.
7. Accessory site features on a roof shall be screened from the view
of public and private streets by a parapet or other architectural
feature or as approved by the
Community Development Director. No parapet shall be required to be
greater than 4 feet above roof.
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Deleted: B
8. Flat roofs shall be screened from the view of public and private
streets by a parapet. No parapet shall be required to be greater
than 4 feet above roof.
9. Along public streets, fencing materials shall be natural or manmade
stone, brick, aluminum, ornamental or decorative wrought iron,
architectural concrete, or wood. Unpainted pressure treated wood is
prohibited.
10. Fences adjacent to a public street shall not exceed 55 inches in
height measured from finished grade.
11. Chain link fencing may be used along golf courses, play fields,
and other recreational areas. All chain link fencing shall be black
or hunter green vinyl coated. Exception: Chain link fencing
shall not be allowed if fencing can be seen during any month of
the year from the following streets: Windward Parkway,
Deerfield Parkway, Cogburn Road, State Route 9, Webb Road,
Morris Road, and Bethany Bend Road.
12. When required, fencing material around detention/retention
facilities shall be black or hunter green vinyl coated chain link
fence or as approved by the Director.
13. Painted chain link fences are prohibited.
12G.4. D. Pedestrian Paths Deleted: C
1. Sidewalks are required along all public and private road frontages
and shall be a minimum of 6 feet wide.
2. Sidewalks, multi-use paths and other pedestrian paths shall be
illustrated on the site plan submitted at the time of application for
a Land Disturbance Permit
3. Sidewalks shall be allowed to meander as topography permits
subject to the approval of the Director of the
Community Development Department.
Deleted: Manager of Environment and
4. Multi-use paths for bicycles and pedestrians may be substituted
for the required sidewalks as approved by the Director of
Community Development and the Manager of
Community Services when the path is part of the Milton Bicycle and
Pedestrian Plan.
5. Multi-use paths designed for use by bicyclists and pedestrians
shall be 12 feet wide.
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6. Multi-use paths designed with separate paths for bicyclists and
pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet
for pedestrians.
7. Sidewalk connector paths shall be constructed across the entire
length of all concrete aprons and shall be textured to match the
appearance of sidewalk materials, in color, texture and design.
Sidewalk connector paths shall comply with all applicable
standards of the Americans with Disabilities Act (ADA).
8. Internal walkways (paths) are required from the public sidewalk
to the main entrance of the principle use of the property and shall
meet applicable Americans with Disabilities Act (ADA)
standards.
9. If provided, street furniture shall be located outside the specified
width of any pedestrian path.
10. Paths shall be designed to minimize direct auto-pedestrian
interaction.
11. Intra-parcel walkways crossing parking lots shall be distinguished
from parking lots by the use of colors, texture (use of different
materials), difference in rise above the parking lot or a
combination of these methods, to minimize auto-pedestrian
conflict.
12. Sidewalks shall be connected to applicable signalized crosswalks
and with bus stops.
13. Paths shall be direct and convenient routes between points of
origin (such as a bus stop) and destination (such as a shop, bank, etc).
14. The lighting plan for pedestrian paths shall be included on the site
plan submitted at the time of application for a Land Disturbance
Permit. Pedestrian lighting shall also be shown on the
landscaping plan so that future mature growth vegetation does not
conflict with proposed lighting.
15. Pedestrian connectivity between residential and nonresidential
developments is required.
12G.4. E. Lighting
1. A lighting plan for open parking lots and pedestrian paths shall be
submitted for approval prior to the issuance of a Land Disturbance
Permit.
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Deleted: D
2. Any lighting fixture shall be a cutoff luminary whose source is
completely concealed with an opaque housing. Fixtures shall be
recessed in the opaque housing. Drop dish refractors are
prohibited. The wattage shall not exceed 420 watts/480 V per
light fixture. This provision includes lights on mounted poles as
well as architectural display and decorative lighting visible from
a street or highway. Wall pack lighting shall be cut-off down
directional a maximum of 250 watts. Canopy lighting shall be
cut-off down directional a maximum of 250 watts. Canopy
lighting shall be cut-off luminaries with a maximum lamp
wattage of 400 watts.
3. Light sources (lamps) shall be incandescent, fluorescent, metal halide,
mercury vapor, natural gas, or color corrected high pressure
sodium (CRI of 60 or better). The same type must be
used for the same or similar type of lighting on any one site.
4. Mounting fixtures must be modified in such a manner that the
cone of the light is not directed at any property line. The
minimum mounting height for a pole is 12 feet. The maximum
mounting for a pole is 28 feet. Any fixture and pole located
within 20 feet of a residential zoning shall be a type four or
forward throw distribution.
5. All site lighting shall be designed so that the illumination as
measured in foot-candles at any one point meets the following
standards: Minimum and maximum levels are measured at any
one point. Average level is not to exceed the calculated value
and is derived using only the area of the site included to receive
illumination. Points of measure shall not include the area of the
building or areas which do not lend themselves to pedestrian
traffic. Also, if the major portion of the lighting design is to be in
the front of a building, the average level should not be affected by
adding a light or two in the back of the same building, which
would raise the average of the intended area for lighting.
6. Future renovations, upgrades, or additions to existing facilities
prior to the effective date of this ordinance shall not exceed
existing illumination levels below. The entire site must be
bought into conformance with this article should a renovation,
upgrade, or addition occur that would require a land disturbance
permit.
Location or Type of
Lighting
Minimu m
Level
Average
Level
Maximum
Level
Area for display of
Outdoor
1.0 5.0 15.0
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Merchandise
Commercial, Office, and
Public/Semi-Public
Parking Areas
0.6 2.40 10.0
Multi-Family Residential
Parking
Areas
0.2 1.50 10.0
Walkways and Streets 0.2 2.00 10.0
Landscape and Decorative 0.0 0.50 5.0
7. Historic period lighting shall be used.
8. Lights shall be architecturally decorative with a historic style
(includes shepherds crook, pole top, and bollard). The same type
of design must be used along pedestrian pathways and/or
common areas.
9. Shoe box, cobra lighting fixtures, and neon lighting are
prohibited.
12G.4. F. Building Materials and Architectural Treatments
1. Developments shall include architecture elements such as
columns, arcades, covered entry-walkways, arches, facade
offsets, windows, balconies, offset walls, clock towers, cupolas
and/or courtyards.
2. The principle entry area of a building shall be articulated and
express greater architectural detail than other portions of the
building.
3. To the extent any rear or side of any building is visible from any
public street or single family residence, architectural treatment
shall continue through the rear or side.
4. All buildings shall be oriented to face a street or courtyard
5. Any nonresidential building façade shall have a minimum of 25%
fenestration or as may be approved by the Director of
Community Development.
6. Front yard fences shall be non-opaque. Opaque fences are
permitted in side and rear yards.
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Deleted: E
7. Building plans for townhouse and duplex developments shall
exhibit differentiated exterior wall materials on the vertical wall
faces within each block of units and architectural features such as
porches, balconies, bay windows, stoops, which are consistent with one
overall architectural theme.
13. The massing of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
Deleted: ¶
8. Townhouse and Duplex development rooflines should exhibit
differentiated architectural features such as gables, pyramidal, and hip.
Rooflines should be varied. Mansard roofs are not permitted.
9. Alleys shall only be allowed if the alley is located between two
rows of townhouses or duplex developments. If constructed,
alleys shall exhibit a continuous network with other streets and or
alleys at the rear of each building lot.
Deleted: 8
10. Exterior buildings shall demonstrate a variety of appearances
which are all compatible with one selected architectural theme.
11. Buildings shall not end abruptly at a corner. Corner buildings
shall demonstrate focal points which anchor the corner. Corner
buildings should have functional extensions around any corner.
12. The scale of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
Deleted:
Deleted: 9
Deleted: 10
Deleted: 1
Deleted: ¶
13. There shall be a maximum of 2
stories with a maximum height of 30
feet from average finished grade to
bottom of the roof eave.¶
Deleted: 2
Deleted: 4
14. Building entrances and front exteriors shall be articulated and
designed to create additional visual interest by varying architectural
details, building materials, and by varying the roof
line and building offsets.
15. The exterior wall materials of all non-residential buildings and
townhouse, duplex, and multifamily buildings consist of a minimum of
75% (per vertical wall plane) of the following: brick or natural stone.
Deleted: Example of Corner Building¶
1 Deleted: 30
Deleted:
6 Accent building materials for all non-residential buildings, and also Deleted: 0
townhouse, duplex and multifamily units are limited to a maximum of
25% brick, tile, non-reflective glass, natural stone with weathered,
polished or fluted face, textured traditional cement stucco, architectural
Page 8 of 13
Deleted: or man-made
Deleted: ¶
TEXT AMENDMENT RZ07-016
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concrete masonry with fluted, split-face, or broken-face finish,
Portland cement plaster and lath systems, architectural (either
precast or tilt-up) concrete (fluted or with exposed aggregate
finish), or Hardi-plank.
17. Exposed concrete masonry unit (CMU) block, corrugated steel,
aluminum siding, vinyl siding, prefabricated metal, exposed
plywood, and exposed pressboard are prohibited as exterior
finishes.
18. Exterior finishes for accessory structures shall be consistent with
the principle structure.
19. Permitted colors for exterior walls, building components, sign
structures, accent and decorative elements shall be as specified by
Table 12G-1 or as approved by the Director of Community
Development.
Table 12G-1
Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and
Decorative Elements
The following numbers refer to the
Pantone Matching System, an international color matching system
Exterior Building Walls, Building
Components, Sign Structure, Accent and
Decorative Elements
Accent and Decorative Elements
Only
White Black
White
Browns, Beiges and Tans
462 C to 468 C
4625 C to 4685 C
469 C, 474C, 475 C
4695 C to 4755 C
478 C,
719 C to 724 C
725 C to 731 C
476U to 482U
719U to 725U
726U to 732U
Greens
553 C to 554 C
560 C to 561 C
614 C to 616 C
3302 C to 3305 C
3295 C
342C, 343 C
3435 C
356 C, 357 C
5467 C to 5527 C
3305U, 3308U, 335U
336U, 341U-343 U
3415 U to 3435 U
349 U
356 U to 357 U
5535U to 5595U
553U to 559U
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Deleted: 675C
Reds
168 C, 181 C
483 C, 484 C
, 1685C, 4975 C
Grey
429 U to 433 U
443 U to 447 U
Warm Grey 6U-11U
Cool Grey 6U-11U
5467U to 5527U
Red-Browns
154 U, 1395 U
1405 U
Grey-Blue
5395U to 5455U
621U to 627U
642U to 644U
647U to 650U
654U to 656U
662U
Green-Grey
5605U to 5665U
20. Permitted sloped roof materials are asphalt shingles, composition
shingles, wood shingle, tin, standing seam metal, and wood
shake. Sloped roofs are encouraged wherever feasible.
21. Roof colors shall be black, gray, dark gray, brown, red or green.
Reflective and metallic colors are prohibited unless described above.
22. Building components such as burglar bars, steel gates, metal
awnings and steel roll-down curtains are prohibited if visible
from a public street.
23. Neon lights outlining and/or detailing building features are
prohibited.
12G.4. G. Parking
1. On-street surface parking spaces located adjacent to the front
property line shall be counted toward the minimum number of
parking spaces required for that lot.
2. Access lanes and additional curb cuts (other than the primary
access drive) shall be located to the side or rear of the property.
The maximum width of the access lane and/or driveway is 18
feet.
3. Decks shall be constructed to conceal vehicles.
4. Decks shall include architectural detailing and finish compatible
with surrounding buildings.
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Deleted: F
5. At least one bicycle parking area shall be provided for each
nonresidential development.
6. Loading areas shall be located in the rear or side yards.
12G.4. H. Miscellaneous Provisions Deleted: G
1. Telecommunications switchboards, power generators, and other
telecommunication relay equipment rooms or floors housing such
uses are limited to the following areas of a building: (a)
subterranean levels, (b) first and second floors which are set back
a minimum of 50 feet from the street, or (c) third and fourth
floors.
2. Stealth design is required for all cell towers.
3. Height of cell towers shall not exceed 199 feet.
4. The wireless communications facility shall be disassembled and
removed from the site within ninety (90) days of the date its use
for wireless telecommunications is discontinued.
5. Neither parking lots nor areas immediately adjacent to a building
shall be used for storage or sale of goods.
6. Storage of shopping carts is allowed without a permit.
7. Displaying or sale of goods outside the interior permanent and
sheltered portions of a building is prohibited. Exceptions:
seasonal holiday trees, pumpkins, and open air fairs provided an
administrative permit is obtained, pursuant to Article 19.
8. Vending machines, paper stands, and other similar devices must
be located interior to the building structure.
12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Article shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Article, which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part thereof.
12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of
Community Development relating to this article may appeal
such final decision to the Board of Zoning Appeals by filing in writing setting
forth plainly, fully and distinctly why the final decision is contrary to law per the
Milton Zoning Ordinance. Such appeal shall be filed within 30 days
after the final decision of the department is rendered.
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12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT
RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the
foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia.
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STATE ROUTE 9 OVERLAY DISTRICT MAP
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A
City of Milton
13000 Meld Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council PATE: September 26,2007
FROM: Interim City Manager
AGENDA ITEM: Approval of an Ordinance Adopting Revisions to the Personnel Policy
Handbook
MEETING DATE: Thursday, October 4, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER: APPROVED (3 NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: bQ YES (1 NO
CITY ATTORNEY REVIEW REQUIRED: $(YES (1 NO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Carol Wolfe, CH2M Hill OMI Director of City Operations
Date: Submitted September 20, 2007 for October 18, 2008 Council Meeting
Agenda Item: Approval of an Ordinance Adopting Revisions to the Personnel Policy Handbook
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance providing for city wide policies on personnel management
procedures and practices.
Background:
The City currently manages personnel through an approved Personnel Policy Handbook.
These policies are intended to provide city management, supervisors and employees a
consistent framework in addressing personnel related matters. The policies serve as the
backbone of the Operations Department/Human Resources Division and allow staff to develop
specific operating guidelines relating to personnel.
Discussion:
Having been a city for a year, there are additions, corrections, and revisions needed in the
handbook to continue to stay current with best practices in personnel management. Those
changes are as follows:
1) Additional language regarding vacation/sick leave donations and a catastrophic sick
leave bank to the already existing Employee Benefits Leave Policy (Chapter 2, Page 9)
2) Expansion of language included in the Worker’s Compensation Policy (Chapter 2, Page
17)
3) Addition of random substance abuse testing language to the already existing Substance
Abuse and Alcohol and Drug Testing policy (Chapter 3, Page 12).
4) Various clerical corrections and clarifications throughout the document, none of which
change the intention of the applicable policy.
The substantive changes in the document are highlighted for quick reference.
Alternatives:
None identified.
Concurrent Review:
Chris Lagerbloom, Acting City Manager
Connie Jacobs, Human Resources Manager
X:\City Clerk\Master Agendas 2007\October 4\Memo Personnel Policies.doc
ORDINANCE NO. ________
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT REVISIONS TO THE CITY OF MILTON PERSONNEL POLICY
HANDBOOK
The Council of the City of Milton hereby ordains while in special session on the ______ day of
___________, 2007 at _____ pm.:
WHEREAS, it is necessary, from time to time, to establish policies and procedures consistent with the
administration of a municipal government in alignment with federal, state, and local regulations; and
WHEREAS, the City maintains a comprehensively Personnel Policy Handbook, consisting of policies
relating to personnel administration authority, management and compliance in order to provide guidance
and direction to City officials 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, upon adoption, staff will incorporate the any changes and additions to the above policies
into the Personnel Handbook and 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, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that:
SECTION 1. That the Ordinance relating to the Personnel Handbook is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as the Personnel Policy Handbook of the
City of Milton, GA; and,
SECTION 3. That staff is hereby directed to develop operating procedures and practices
consistent with the nature and scope of the policies attached hereto; and
SECTION 4.This Ordinance shall be effective on *******
ORDAINED this ____ day of _______________, 2006.
Approved:
Page 1 of 2
_____________________________
Mayor
Attest:
___________________________
City Clerk
(Seal)
Page 2 of 2
City of Milton
georgia
Personnel
Policy
Handbook
Developed under the Authority
of the City Council by the City Manager’s
Office and approved by ordinance
on October 18, 2007.
City of Milton
13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004
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
Employee Acknowledgment Form
This Personnel Handbook describes the policies and procedures at the City of Milton,
Georgia and I understand that I should consult the Department of Operations, Human
Resources area 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. 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 Mayor and City Council have the ability to adopt any revisions to 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
Administration
Compensation & Benefits
Employee Relations
Table of Contents
Personnel Administration Authority……………… 1
Attendance & Work Hours………………………….. 6
Employee Status Changes………………………….. 8
Hiring & Selection…………………………………….. 11
Performance Management & Review……………… 16
Termination of Employee Status………………….. 18
Use of City Property & Equipment………………... 20
Safety & Accident Reporting……………………….. 23
Compensation & Pay Plan………………………….. 1
Employee Benefits – Leave Types………………..... 5
Group Benefit Plan……………………………………. 14
Worker’s Compensation …………………………….. 17
Standards of Conduct……………………………….. 1
Discipline……………………………………………….. 5
Grievances………………………………………………. 7
Workplace Discrimination & Harassment……..... 9
Substance Abuse and Alcohol & Drug Testing.... 11
Administration
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Administration Chapter Page 1
Personnel Policy Authority
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
PERSONNEL ADMINISTRATION AUTHORITY
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.
MANAGEMENT AUTHORITY
A.Scope of Authority.City Management possesses the sole authority to administer
city operations. Management 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:
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/or pay as required by business
necessity.
B.Administration of Policy. Proper policy administration includes selecting goals
and encouraging the discharge of duties above the minimum standards of criminal
and civic responsibility. 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. The City Manager
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
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Administration Chapter Page 2
Personnel Policy Authority
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
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.
PERSONNEL RECORDS
A record of service will be managed by the Human Resources manager for every active
employee. Service records for terminated employees shall be retained as defined in the
Financial Management Plan Records Management Policy. An employee has the right
to review and request copies of their personnel file. These requests will be facilitated
by the Human Resources Manager. Open records requests and confidentiality of
personnel records will be managed as defined in the Financial Management Plan
Records Management Policy.
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, etc. Name
changes will require legal documents as back-up, i.e. marriage certificate, divorce
decree, etc.
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. City management reserves the authority to modify, revoke, amend,
suspend, interpret, terminate, or change any or all of the provision of this
handbook. Except in the case of emergency, employees will be given appropriate
written notice of any change.
D.Titles.The use of terms in this handbook shall not govern, limit, modify, or affect
the scope of meaning or intent of any provision.
E.Validity. 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 either be provided a copy of this handbook
and copies of amendments and revisions as they are adopted or have access to a
copy of the handbook.
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.
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Administration Chapter Page 3
Personnel Policy Authority
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
H.Appendix. The appendix consists of a collection of various forms currently in use
by the City and referred to in this document. These forms are subject to change
from time to time. This is not meant to be a complete collection of all forms and
any forms included may be superseded by revisions.
I.Attachments. A collection of various attachment regarding benefits and
classification and pay are permanently attached to the Personnel Policy Manual.
These attachments are subject to change from time to time. The attachments
included may be superseded by revisions.
J.Official Copy. An official copy of the City of Milton, Georgia Personnel Handbook
containing the latest revisions is maintained by the Director of Operations and can
be found in the offices of such department.
DEFINITIONS
Base Rate.The “base rate” for each employee is that amount the employee is
designated to receive within the salary range for the employee’s job classification.
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.
Department. A major segment of the city organization headed by a person who
reports directly to the City Manager. Below are the recognized departments for the
City of Milton:
•Mayor & Council
•City Manager’s Office
•Department of Operations
•City Clerk
•Community Development
•Public Works
•Recreation & Parks
•Municipal Court
•Public Safety
Department Director.The highest administrative employee of a department, whether
indicated as Director, Chief, or other job title or rank.
Employee. All employees of the City are at-will employees which means that they
have no property interest in the positions they hold and therefore can be dismissed,
transferred, or demoted without cause.
•Regular Full-time Employee.Any employee filling an approved, budgeted
position with a regularly scheduled work week of forty (40) hours per week.
•Regular Part-time Employee.Any employee filling an approved, budgeted
position with a regularly scheduled work week of thirty-five (35) hours or less
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Administration Chapter Page 4
Personnel Policy Authority
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
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 specified length of
time, for either long or short term work assignments.
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. Exempt employees take vacation and sick leave hours in whole
day increments only.
Hazardous Duty. Bodily injury to an employee resulting from an activity within the
scope and course of employment that is due to exigent and life threatening
circumstances not caused or contributed to by the employee’s control. Hazardous
duty injuries occur while an employee is physically performing work for the City of
Milton.
Health Impairment. A temporary or permanent mental or physical impairment
including, but not limited to injury (on or off the job), pregnancy, 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.
Non-Exempt Employee. An employee defined according to the federal Fair Labor
Standards Act (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.
On-the-job Injury. An injury includes impairments that occur suddenly as a result of
trauma as well as diseases that develop over long periods of time. Eligibility for
Worker’s Compensation coverage include an injury that arose out of employment,
sustained in the course of employment, or was a result of an occupational hazard.
Overtime Rate. The overtime rate of pay is one and on-half (1½) times the base rate
of pay.
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.
Reassignment. Reassignment is defined as the movement of an employee within the
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Administration Chapter Page 5
Personnel Policy Authority
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
classification plan not otherwise covered by demotion, promotion, or reclassification.
The terms reassignment and transfer may be used interchangeably.
Reclassification. A position whose classification is altered due to job duties and
responsibilities. Reclassifications can be to a higher, lower, or same pay grade.
Relative. For purposes of this handbook, relatives are defined as follows:
•Spouse
•Parent or Step-parent
•Child or Step-child
•Sister or Step-sister
•Brother or Step-brother
•Sister-in-law
•Brother-in-law
•Grandparent
•Grandchildren
•Aunt or Uncle
•Niece or Nephew
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 the City Manager should
be understood to be supervisors of individuals who report directly to them.
Unauthorized Absence. Failing to report for duty or failure to remain at work as
scheduled without proper notification, authorization, or excuse.
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Administration Chapter Page 6
Attendance & Work Hours
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
ATTENDANCE & WORK HOURS
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.
The City of Milton reserves the right to establish official work hours for any position to
ensure accomplishment of the City’s mission. Where City operational demands can
accommodate such options, the City encourages alternative work schedules to meet
family or other such personal needs, as appropriate.
GENERAL PROVISIONS
A.40-hour Week. The City has adopted a 40-hour work week schedule for non-
exempt employees, with the exception of police and fire shift personnel.
B.General Business Hours. All offices of the City will be kept open continuously
from 8:00 a.m. to 5:00 p.m. Monday through Friday. In order to facilitate flexibility
for customers, those functions including areas of external customer service may
make schedule arrangement to have staff available from 7:30 a.m. to 5:30 p.m.
each working day.
C.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).
D.Attendance Requirements. Maintaining good attendance is a condition of
employment and an essential job function of every job. 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.
E.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
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Administration Chapter Page 7
Attendance & Work Hours
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
employee’s supervisor. This includes, but is not limited to work before or after
regular work hours or work taken home.
F.Time Increments. Hourly computations for the purpose of compensation and the
use of vacation and sick leave will be computed in quarter hour increments.
G.Meal Breaks. Meal time or other non-compensated breaks 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 in general, fifteen
(15) minutes in length. Mealtime during a shift or tour of duty is not considered
compensable time, unless the employee is on restricted on-call pay status or the
employee is required to work during the meal time.
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 significant 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 Human Resources Manager must approve any
significant 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 pay liability.
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Administration Chapter Page 8
Employee Status Changes
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
EMPLOYEE STATUS CHANGES
POLICY STATEMENT
Employees may undergo any number of changes in status and/or compensation
resulting from their performance or from promotion, demotion, reassignment, transfer,
or changes in family relationships. The purpose of this chapter is to identify and
describe the more common of these changes.
GENERAL PROVISIONS
A.Requirement. All promotions, demotions, reassignments, or transfers are
contingent on position availability and the employee meeting the minimum
qualifications.
B.Probation Period Requirements. Employees who are promoted, demoted, or
reassigned are subject to a six (6) month probationary period in the new position.
C.Probation Period Restrictions.Except as the result of disciplinary action or
business necessity, no status change described in this chapter may occur while an
employee is in a probationary period.
D.Compensation. Status changes described in this chapter may affect
compensation, based on position classification.
E.Effective Dates. Except for temporary reassignments in emergency situations,
status changes described in this chapter can only be effective at the beginning of a
pay period.
PROMOTIONS AND DEMOTIONS
A.Eligibility for Promotion. Employees may be eligible to promote to higher
classified positions based 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, or job elimination due to business necessity.
REASSIGNMENT
A.Management Reassignment. An employee may be temporarily or permanently
reassigned to a position in the same rank or classification with different duties and
responsibilities. This action may be taken at the discretion of management.
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Administration Chapter Page 9
Employee Status Changes
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
B.Temporary Reassignment to Higher Classification. Employees may be
temporarily assigned to an acting status in a higher level position having different
duties and responsibilities when:
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.
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 they are not in
the best interest of City operations.
MANAGEMENT RECLASSIFICATION
A.General Overview. Reclassification of a position may occur at the discretion of
management 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 higher, 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 Human
Resources Manager, who will review and make a recommendation to the
Director of Operations. The Human Resources Manager will submit the
recommendation to the Director of Operations for final approval.
NEPOTISM & CONFLICTS OF INTEREST
A.General Overview. When relatives, as defined in the Personnel Authority Chapter
of this handbook, 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.
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
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Administration Chapter Page 10
Employee Status Changes
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
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 romantic 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 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.
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Administration Chapter Page 11
Hiring & Selection
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
HIRING AND SELECTION
POLICY STATEMENT
Milton is committed to employ, in its best judgment, the best qualified candidates for
approved positions while engaging in recruitment and selection practices that are 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.
The appropriate 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.
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)
bars discrimination against the disabled in the areas of employment, public
services, and public accommodations and requires employers to reasonably
accommodate qualified individuals with disabilities. It is the policy of the City of
Milton to comply with all federal and state laws concerning the employment of
persons with disabilities. It is City of Milton’s policy not to discriminate against
qualified 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 on
job-related qualifications in the sole discretion of the City and is contingent on
satisfactory results of such 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 police uniformed services is age 21
2.Selected temporary positions where persons at least age 16 and are allowed by
law to work in jobs that are non-hazardous.
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Administration Chapter Page 12
Hiring & Selection
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
APPLICATION PROCESS
A.Recruitment Requests. Upon a vacancy, the department director should submit
the position requisition form to the Human Resources Manager. 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)days. At the discretion of the department director, 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 and file it with
the City of Milton Human Resources Manager 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 under review and
management of the Human Resources Manager, 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, and reference and background checks.
D.Falsified or Omitted Material. Omission or falsification of any material fact on an
application 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.
SELECTION
A.Job-Related Criteria. Selection for employment with the City of Milton is based
on job-related criteria that may include, but are 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 chapter will be adhered to
during the selection process.
C.Position Control. It is the responsibility of the Director of Operations 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.
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Administration Chapter Page 13
Hiring & Selection
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
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 cases specifically stated otherwise.
PROBATIONARY PERIOD
A.Application. Newly hired or re-hired employees who are promoted, demoted, or
transferred are required to successfully complete a probationary period of not less
than six (6) months. 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 utilitize the time to
examine all aspects of the job and related performance. An employee’s end of
probationary period must be documented via a personnel action form.
B.Provisions. The probationary period may be extended beyond the six months for
public safety personnel that have not completed the required academic and/or
departmental training. Employees in a probationary status are not eligbile for
reassignment, promotions or voluntary transfer, unless specifically approved by the
City Manager. Employees in a probationary status do not have greivance or appeal
rights to disciplinary action. Dismissal of an employee during the probabtionary
period should be coordinated with the Human Resources Manager.
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, training,
assigning, disciplining, and terminating its contract personnel. For performance
purposes, contract personnel assigned a City project will be supervised by the
department director’s 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.Procedure. Departments in need of contract personnel must follow the requisiton
process specified below:
1.Requests for contract personnel must be placed through the Department of
Operations and will be reviewed by both human resources and finance.
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Administration Chapter Page 14
Hiring & Selection
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
2.Temporary assignment must be approved by the Director of Operations prior to
the engagement of the contract service.
3.The Human Resources Manager will keep a list of approved temporary agencies
and will coordinate the assignment once approval has been issued.
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 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. It is for this reason, the City limits outside employment to the
provisions in this chapter.
B.Outside Employment. Outside employment is subject to written approval by the
department director or their designee. A City employee may engage in any
business, trade, occupation, or profession that does not:
•Bring the City into disrepute
•Reflect discredit upon the employee as an employee of the City
•Interfere with the performance of the employee’s City duties
•Present a conflict of interest
•Result in misuse of City property or funds
•Result in use of the City position for personal gain
•Violate department policy or procedure
C.Dual City Employment & Volunteer Time. Employees may not hold more than
one compensated position by the City. Overtime liability under the federal Fair
Labor Standards Act (FLSA) may be incurred when an employee occupies a
compensated position and is allowed to perform services beyond their allowed
hours without expectation of compensation. For this reason, the City restricts
employee volunteer work to that which is “occasional and sporadic and in a
different capacity” than their normal City position. All volunteer time toward a
position not held by an employee must be approved by the Human Resources
Manager.
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 of
the secondary employer is subject to approval, review, licensure, or
inspection by the employee’s City department.
3.No employee shall engage in any employment or business where the work of
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Administration Chapter Page 15
Hiring & Selection
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Nothing in this manual is to be construed to create a contr act 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) 9/07
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.If an employee is unable to work for the City due to an illness or injury that
exceeds three (3) consecutive work days or is being covered by the City’s
worker’s compensation program.
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 from should be used for
permission as it gathers the pertinent information for review of the request.
2.An employee must obtain permission in writing from the department
director and the Human Resources Manager 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.
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Administration Chapter Page 16
Performance Management & Review
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
PERFORMANCE MANAGEMENT AND REVIEW
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:
•Are aware of what duties and responsibilites are expected;
•Understand the level of performance expected;
•Receive timely feedback about their performance;
•Have opportunities for education, training, and development;
•Are evaluated in a fair and consistent manner;
•Have performance goals established.
GENERAL PROVISIONS
A.Timing. The performance of employees will be reviewed:
•Prior to completion of the probationary period after hiring, promotion, or
reassignment.
•At least annually for all full-time employees.
•Annual reviews will occur during the first month of the fiscal year for the review
period of the previous twelve (12) months.
B.Performance Disscusions. Interim reviews by the supervisor of an informal
nature throughout the year are encouraged in order to foster communication,
assure common understanding of purpose, and to assist in detecting problems as
they develop.
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:
•Identify the principal duties of the job and measured results of those duties
during the review period;
•Review the expectations of the level of performance and the measured results of
meeting those expectation during the review period;
•Define the results that recognize significant work or projects during the review
period
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Administration Chapter Page 17
Performance Management & Review
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
•Identify and address areas of employee development needs;
•Develop an action plan for training to improve or add skills; and
•Set goals and objectives for the upcoming fiscal year.
B.Documentation. The supervisor will document the employee’s evaluation and any
agreed upon plans on the prescribed form and secure agreement with the
department director before administering the review with the employee.
Subsequent to the review with the employees, signatures of both the evaluator and
employee should be ascertained.
C.Appeal of Performance Review.If an employee disagrees with the supervisor’s
assessement of their performance, the employee may appeal in writing to the
deparment director.The department director’s (along with the Human Resource
Manager’s input) decision will be final.
PERFORMANCE IMPROVEMENT PLAN (PIP)
A.Appropriate Use of the PIP.Employees who continue to perform below the
acceptable level after counseling may be placed on a Performance Improvement
Plan (PIP). If the employee fails to demonstrate the necessary improvement during
or upon completion of the PIP, the employee may potentially be demoted or
dismissed as appropriate. The PIP cannot be used to extend the probationary
period
B.Content of the PIP. The PIP document should include statements of the specific
deficiences in the employee’s performance, the improvement that is necessary, the
period of time in which improvement must occur, and the action to be taken if the
employee fails to show satifactory improvement.
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Administration Chapter Page 18
Termination of Employee Status
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
TERMINATION OF EMPLOYEE STATUS
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 employees terminal pay and
disciplinary action appeals. Employees should make themselves aware of the these
procedures.
RESIGNATION OR RETIREMENT
A.Notice Required.
1.Resignation. An employee must submit a resignation to their 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. Use of accrued sick or vacation leave during the notice period will be
prohibited and failure to report to work during the notice period will be
considered an authorized absence. An employee may be permitted or requested
to leave immediately. If the 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.
2.Retirement. An employee must give written notice of intent to retire to their
department director as soon as possible but no less than thirty (30) calendar
days prior to the intented retirement date. This notice is required in order to
facilitate timely processing of retirement benefits. The resignation 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.
3.Failure to Give Notice. An employee who gives less than the required notice
may hamper their ability to be eligible for re-hire and timely reciept of benefits.
The department director may waive the notice requirement in writing.
B. Process of Exit. After receiving written notice of voluntary termination the
department director management shall notify the Human Resources Manager, who
will schedule an exit interview for the employee. Employees who leave the City’s
workforce will be paid for all accrued vacation leave hours provided they have
completed their probationary period. All City property assigned to the employee is
considered an advance of wages and must be returned in proper working condition
before receiving the final pay check. If not returned, the value of the items will be
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Administration Chapter Page 19
Termination of Employee Status
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Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
deducted from the employee’s final pay check.
C.Pending Disciplinary Action. An employee whose resignation or retirement notice
is tendered and accepted after the initiation of a discplinary action forfeits their
right to appeal the discplinary action.
REDUCTIONS IN FORCE
The City of Milton reserves the right to separate employees due to lack of work or
funding. The determination of who is to be separated is within the sole discretion of
the City Manager.
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Administration Chapter Page 20
Use of City Property & Equipment
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
USE OF CITY PROPERTY & EQUIPMENT
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), and other computer usage.
GENERAL PROVISIONS
•Privacy. No employee shall have an expectation of privacy in any thing or item
referenced in this chapter. 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.
•Use of Equipment. All equipment provided in the course of employment as well as
the computer and electronic communications system is the property of the City of
Milton government and may only be used for approved purposes.
•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 computer and
electronic communication system automatically constitutes consent to such
monitoring.
•Proper Authorization. An employee shall not, regardless of value, take City
property without authorization. The use of City property, equipment, or facility for
personal gain or for other than official duty-related use is forbidden.
•Discipline. Repayment for loss or damage may be required under this chapter in
addition to, or in lieu of, discplinary 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. If the employee leaves the employment of the
City, recoupment of the loss may be made from the final paycheck.
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Administration Chapter Page 21
Use of City Property & Equipment
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
VEHICLE USE & OPERATION
A.Business Use. Except as specified in this chapter, City vehicles are furnished for
official City business and may not be used for personal reasons with express
written consent by the City Manager.
B.Vehicle Assignment. Employees assigned a City vehicle may be authorized to use
the vehicle for transporation to and from work. This “take home” provision, if
granted, shall only apply to employees living within a thirty (30) mile radius of City
Hall. 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. 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 maintence may
result in the revocation of the assignment. All vehicle assignments are subject to
recall at any time.
ELECTRONIC COMMUNICATION SYSTEMS
A.General Provisions. Electronic communication systems is defined as Internet,
electronic mail, telephone, voice mail, facsimiles, pagers, mobile phones, 800 mhz
radios, computer and computer networks, directories, and files. Employees will
not have privacy rights with respect to any activity using these 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 computer
resources 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, and keep in mind that anything created or stored on the
computer system may be reviewed by others and the quality of communications is
a direct reflection upon the City.
C.Appropriate Use. Personal use of the computer and electronic communications
system is a privilege that may be revoked at any time. Occasional, limited, and
appropriate personal use of the computer and electronic communications system 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 computer and electronic communications
system
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Administration Chapter Page 22
Use of City Property & Equipment
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
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 City’s computer and
electronic communications system 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 the Internet for information and
intelligence gathering. This is permissible with the prior approval of the Public
Safety Director. Other prohibited uses of the City’s computer and electronic
communication systems, include, but are not limited to:
•Sending chain letters
•Sending copies of documents, messages, software, or other materials in
violation of copyright laws
•Compromising the integrity of the City and its business in any way
•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 disks brought from home,
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:
•Copy software for use on their home computers or to other computers
•Provide copies of software to any independent contractors of the City or
to any third person
•Install software on any of the City’s workstations or servers
•Download any software from the Internet or other online service to any of
the City’s workstations or servers
•Modify, revise, transform, recast, or adapt any software
•Reverse-engineer, dissemble, or decompile any software
•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.
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Administration Chapter Page 23
Safety & Accident Reporting
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
SAFETY & ACCIDENT REPORTING
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.
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, if possible, or no later than
twenty-four (24) hours from the time of the accident and seek first aid for all
injuries, however minor;
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.
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
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
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Administration Chapter Page 24
Safety & Accident Reporting
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Nothing in this manual is to be construed to create a contr act 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) 9/07
course of business, an employee must:
1.Be at least eighteen (18) years of age;
2.Have a valid Georgia Driver’s License for the class of vehicle to be driven;
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 Public Safety Director or their designee will make the sole determination
of whether the accident was chargeable in nature.
b.DUI or DWI convictions are a permanent part of an employee’s driving
record and are not subject to the 24-month limitation.
c.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 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. 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 motor vehicle
records at any time prior to or during their employment. The Human Resources
Manager will be responsible for collection of license copies each year and the
submittal of licenses to the appropriate party for review.
C.Notification Procedures. Employees who operate vehicles in the course and
scope of their employment must notify the 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 other than
parking violations.
3.An employee who receives a citation for any violation while operating 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 can be grounds for disciplinary action, up to and
including termination.
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Administration Chapter Page 25
Safety & Accident Reporting
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
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 operation.
Smoking 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 form operating any City owned or 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. Such systems where required by law, must be
worn by the driver and passenger when a vehicle is in operation. The driver of the
vehicle is responsible for compliance. The City also encourages the use of driver
and passenger restraint systems during non-work hours.
ACCIDENT INVOLVEMENT
A.Report Required. All accidents involving injury to any person, City owned or
leased vehicles or equipment, personal vehicles or equipment used during the
course of business, and any property damage must be reported to the immediate
supervisor by the employee involved in or witness to the accident.
B.Employee Responsibilities. Unless transported from the accident scene for
medical treatment, the employee involved in a job-related accident will:
1.Render aid to other parties if possible and necessary;
2.Report the accident and any injuries immediately to local law enforcement;
3.Immediately notify their supervisor or Human Resources 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
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Administration Chapter Page 26
Safety & Accident Reporting
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
other City Management representative.
C.Administrative Accident Investigation. The supervisor or other designated
employees will conduct an administrative investigation into the circumstances of
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.
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Compensation
& Benefits
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Compensation & Benefits Chapter Page 1
Compensation
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
COMPENSATION
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; ensure 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).
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 highly encouraged
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.Type 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) 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.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. Those
designated employees are required to respond to an on call assignment. On call
status shall have two distinct categories:
a.Restricted On Call. The time spent on call on or away from City
premises are under conditions that prevent the employee from using the
time for personal activities. This category of on call is compensatory.
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Compensation & Benefits Chapter Page 2
Compensation
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
Employees in a restricted on call basis will be paid two (2) hours at the
overtime rate per on call rotation.
b.Unrestricted On Call. The time spent on call on or away from City
premises are 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. Unrestricted
on call status is not compensatory.
3.Call Back Pay. A callback 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.
4.Acting Status Pay. Employees who are temporarily re-assigned to perform the
duties of a higher classification may receive a compensation increase for the
duration of the temporary assignment. The appropriate increase shall be
recommended by the Human Resources Manager but at no time should be less
than the minimum pay range for the temporary assignment classification
5.Supplemental Allowance. Employees who use their own personal property
which management has determined as essential to the job duties will receive
allowances for such as approved in the annual budget each fiscal year.
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. Employees with less
than six (6) months active full-time service or employees within their initial hire
probationary period are not eligible for pay-out of any accrued vacation or sick
leave time.
COMPENSATION PLAN
A. Pay Plan. 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,
each of which is 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.
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Compensation & Benefits Chapter Page 3
Compensation
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
B.Administration.The primary responsibility for day to day administration of the
Classification and Pay Plan rests with the Department of Operations, as follows:
1.The Human Resources Manager 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 Human Resources Manager 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 Human Resources Manager 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
Human Resources Manager will investigate the actual or suggested duties and
make a report to the Director of Operations for approval.
C.Use of the Classification & Pay Plan. The 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, except in those
emergency situations where an employee may be identified as an unclassified
employee for a finite period of time;
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. Salary
offers beyond the midpoint must be approved by the City Treasurer and City
Manager.
D.Maintenance of Pay Ranges.The Director of Operations may make or cause to be
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Compensation & Benefits Chapter Page 4
Compensation
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
made such comparative studies as they deem 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 Director of Operations may make recommendations to the City
Manager for changes in salary ranges as deemed necessary to maintain the
fairness, adequacy, and competitiveness of the overall salary structure.
CHANGES IN SALARY
A.Performance Reviews. As outlined in the Administration chapter, regular
employees will receive an annual performance review the first month of each fiscal
year, evaluating performance for the previous twelve (12) months.
B.Salary Increases for Performance. Subject to annual budget appropriation, each
department will be allocated a pool of merit dollars to be distributed by percent
based on a formula derived from the performance evaluation results. Increases to
salary based on the performance as noted in the review will be effective the first
day of the fiscal year. 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.
D.Salary Changes due to Reclassification. The pay for an employee whose position
is reclassified to a higher pay grade will be upon the recommendation of the
department director but at least the minimum of 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. An employee who receives a demotion
based on poor performance will receive a salary adjustment comparable to the
current percent of pay within the current pay grade. For example, if the salary
of an employee before demotion is 35% of the position pay grade, then their
salary upon demotion will be 35% of the pay grade in which they are demoted
to.
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 and not based on
performance will not experience any change in pay.
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Compensation & Benefits Chapter Page 5
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
EMPLOYEE BENEFITS – LEAVE TYPES
POLICY STATEMENT
The City of Milton believes that employees should have 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.
OVERVIEW OF REQUIREMENT AND 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.Employees who are re-hired start a new active service period for leave
accrual purposes;
5.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;
6.Non-exempt employees shall record paid leave in quarter hour increments;
7.Exempt employees shall record paid leave in whole day increments.
B.Unpaid Leave Status. Unpaid leave will not be approved under normal
circumstances. All requests for leave without pay must be approved by the
Director of Operations. 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 application, there is no job protection by the City. Employees may
continue, at their expense, their group health insurance coverage while on leave
of absence without pay. In order to continue coverage, the employee must
contact the Department of Operations 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.
C.Mandatory Leave. For internal control purposes, employees who hold
positions in Finance, Information Technology, or in other departments where
they may have financial responsibilities, such as accounts payable, revenue
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Compensation & Benefits Chapter Page 6
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
collection, etc.) will be required to take a minimum of five (5) consecutive
vacation days per year. In addition, an alternate employee must be trained to
perform those functions during the absence of the vacationing employee.
VACATION LEAVE
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;
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 regular 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;
2.Employees receiving the above mentioned accelerated leave accrual will
remain in the assigned accrual level until the actual years of service have
been 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;
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.
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Compensation & Benefits Chapter Page 7
Employee Benefits – Leave Types
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Years of Service
Hours Per
Biweekly Pay Period Hours/Year Days/Year
Up to 1 Year 3.7 96 12
1 thru 4 years 5.54 144 18
5 thru 9 years 6.46 168 21
10 thru 14 years 7.4 192 24
15 or more 9.23 240 30
Up to 1 Year 1.85 48 6
1 thru 4 years 2.77 72 9
5 thru 9 years 3.23 84 10.5
10 thru 14 years 3.7 96 12
15 or more 4.6 120 15
Up to 1 Year 11.08 288 12
1 thru 4 years 16.62 432 18
5 thru 9 years 19.38 504 21
10 thru 14 years 22.15 576 24
15 or more 27.69 720 30
Up to 1 Year 5.54 144 12
1 thru 4 years 8.31 216 18
5 thru 9 years 9.69 252 21
10 thru 14 years 11.08 288 24
15 or more 13.85 360 30
Regular Full-time Employees
Regular Part-time Employees
Police Shift Employees
Fire Shift Employees
C.Use and Scheduling of Vacation Leave.
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
Regular Part-time Employees 120
Fire Shift Employees 318
Police Shift Employees 252
Maximum Vacation Hours Carry Over Per Year
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
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Compensation & Benefits Chapter Page 8
Employee Benefits – Leave Types
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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. Employees are not entitled to “cash out”
accrued leave outside of the end of the employment process. Sick leave is accrued
and granted to:
1.Regular full-time, police and fire shift employees, and regular part-time
employees;
2.Eligible employees while on authorized paid sick 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 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 Days/Year
Regular Full-time Employees 2 52 6.5
Regular Part-time Employees 1 26 3.25
Fire Shift Employees 6 156 6.5
Police Shift Employees 3 78 6.5
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. Sick leave can
Nothing in this manual is to be construed to create a contr act 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) 9/07
__________________________________________________________________________________________
Compensation & Benefits Chapter Page 9
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
also 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. Police officers must
report sick leave at least four (4) hours and firefighters at least two (2) hours in
advance of the scheduled shift starting time. An employee who fails to so notify
their supervisor may not be paid for the time taken prior to notification.
DONATION OF LEAVE
An employee may donate accrued leave to another employee’s leave bank with the
following provisions:
•All leave donations will be managed and processed by the Human Resources
Manager,
•The donation of leave must be for an emergency situation,
•The number of donated hours cannot be in excess of 50% of the donator’s
combined sick and vacation leave balance. However, in order to donate hours,
an employee must keep a minimum of forty (40) hours combined vacation/sick
leave in their personal bank,
•The donator shall donate leave time by the hour and the leave hours shall be
used at the recipients’ rate of pay,
•All donated time, whether vacation or sick, shall become part of the recipient’s
sick leave bank, and
•Donated time shall become a permanent part of the recipient’s sick leave bank,
subject to all policies regarding the accumulation and carry-over of sick leave.
If the emergency situation having triggered sick leave donation is on-going
during the calendar year-end, an exception to the sick leave carry-over may be
authorized by the Human Resources Manager.
CATASTROPHIC SICK LEAVE BANK
In order to plan for catastrophic circumstances, the City will maintain and manage a
catastrophic sick leave bank. The sick leave bank shall not exceed 500 hours and will
be comprised of hours donated by employees at the end of the calendar year.
Employees may donate up to 20% of the amount of sick leave hours they are
scheduled to forfeit at the end of the calendar year. If the sick leave bank reaches the
maximum 500 hours and their still exists hours for donation, then those hours will be
added to the bank as hours drop below 500. Employee hours donated to the bank but
not accepted due to the bank’s hour cap will be considered to have donated to the
bank.
Any employee who donates to the sick leave bank may petition the bank for use of sick
leave in a catastrophic circumstance. In order for an employee to use hours from the
sick leave bank, they must exhaust the entire balance in their personal vacation and
sick bank as well as all donated leave.
Approval of the use of sick leave hours must be approved by the Human Resources
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Compensation & Benefits Chapter Page 10
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
Manager and the City Manager. Hours in the sick bank will be used on a first-come-
first-served basis.
OTHER LEAVE TYPES
A.Bereavement Leave.
1.Employees may be granted up to four (4) workdays of bereavement leave with
pay upon death of a member of the employee’s immediate family. The
immediate family is defined for bereavement purposes as: parent, spouse, child,
brother, sister, parent-in-law, grandparents, son-in-law, daughter in-law,
grandchild, step-parents, and step-children.
2.The four days will be based on the employee regularly assigned work day.
Employees must request bereavement leave by contacting their supervisor prior
to the leave period.
3.There is no accumulation of bereavement leave days and no payment upon
separation from City employment. The four (4) bereavement days 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 be entitled to all fees received as a juror. 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, State or the Federal Government are entitled to leave with pay for such
period as their court attendance may require. Any fees paid for such service
may be retained by the employee.
3.Military Leave. 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 Human Resources Manager and department
management as soon as received or they may fill out a Military Leave
Verification form
C. Family Medical Leave.The federal Family Medical Leave Act (FMLA) provides for
a family and/or medical leave of absence, defined as an approved absence available
to eligible employees for up to twelve weeks of paid or unpaid leave in any twelve-
month period under certain circumstances that are critical to the employee’s
health or the health of the employee’s family. Provisions are as follows:
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
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Compensation & Benefits Chapter Page 11
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
1,250 hours during the twelve month period prior to the request for leave.
2.Use of Leave. An eligible employee may elect to use accrued leave during
family medical leave time.
3.Return to Work. An eligible employee who takes leave for a purpose permitted
by the FMLA will be entitled upon return from such leave to be restored to the
same position of employment as held when the leave began, or to be restored to
an equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment. 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 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.
4.Basic Conditions of FMLA
a.The City will require medical certification from the health care provider to
support a request for leave for any employee’s own serious health
condition, or to care for a seriously ill child, spouse, or parent for
requested time that exceeds three (3) days.
b.For the employee’s personal medical leave, the certification must state
that the employee is unable to perform the functions of their position
because of a serious health condition.
c.For leave to care for a seriously ill child, spouse, or parent, the
certification must state that the employee is needed to provide care.
d.At its discretion, the City may require a second medical opinion, and
periodic recertification at its own expense. If the first and second
medical opinions differ, the City, at its own expense, may require the
opinion of a third health care provider, approved by both the City and the
employee. This third opinion is binding.
e.If medically necessary for a serious health condition of the employee or
their spouse, child, or parent, leave may be taken on an intermittent or
reduced leave schedule. If leave is required on this basis, however, the
City may require the employee to transfer temporarily to an alternative
position that better accommodates recurring periods of absence or a
part-time schedule, provided the position has equivalent pay and
benefits.
5. Notification and Reporting Requirements. When the need for leave can be
planned, such as the birth or placement of a child, or scheduled medical
treatment, the employee must provide reasonable prior notice, and make efforts
to schedule the leave to minimize disruption to City operations. In cases of
illness, the employee will be required to report periodically on their leave status
and intention to return to work.
6. Status of Employee Benefits During Leave of Absence.
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Compensation & Benefits Chapter Page 12
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
•Any employee who is granted an approved leave of absence under the policy
may continue their group insurance coverage by arranging to pay their
portion of the premium contributions during the period of unpaid absence.
•Employees will be required to continue to pay their share of group health
benefit costs during a period of leave under the law.
•An employee on leave will not lose any employment benefits accrued prior to
the leave, unless a benefit is used by the employee during leave, such as
accrued paid vacation or sick leave.
7. 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 form (available
from the Human Resources Manager).
b.The form must be signed by the employee and submitted to their
Department Management. The department will then submit the
approved form to the Department Director. When possible, the form
should be submitted by the employee thirty 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.
d.The employee must submit a completed request for family and medical
leave of absence and 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 the health care provider who is
treating their own serious health condition with the date on which the
condition commenced; the probable duration of the condition; the
appropriate medical facts regarding the condition; and a statement that
the employee is unable to perform the functions of their position due to
their condition.
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
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Compensation & Benefits Chapter Page 13
Employee Benefits – Leave Types
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
reduced leave.
HOLIDAYS
The City observes the following holidays:
New Year’s Day
Martin Luther King 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
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 the same pay period as the employee’s birthday. The City Manager will
designate their 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 required to work on an official
City holiday can take the same number of hours off at a later time; however, no comp
time shall be banked for time off purposes.
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Compensation & Benefits Chapter Page 14
Employee Benefits – Group Benefit Plan
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
GROUP BENEFIT PLAN
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.
Brief summaries of benefits are highlighted in this chapter with an attachment in the
Appendix detailing each benefit. While overall benefit changes will require approval of
a new policy chapter, the appendix attachment is subject to change from year to year
and the changes will be included as part of the annual budget approval process.
GENERAL PROVISIONS
A.Administration.The primary responsibility for the day to day administration of
the benefits plan shall rest with the Human Resources Manager within the limits of
these policies and procedures. Availability of benefit packages, questions on
benefits, and employee discussion regarding benefits can be obtained from the
Human Resources Manager. The Director of Operations serves as an alternate
contact for this information when the Human Resources Manager is not available.
a.Eligibility.
1.Eligibility for health insurance, death benefits, retirement benefits, and
tuition reimbursement shall include regular full-time, police and fire shift
employees.
2.Employee contributions deducted via payroll will begin concurrent with
employee eligibility.
3.Benefit eligibility will expire at the end of the pay period of the employee’s
final pay check.
4.All employees, elected officials and police and fire volunteers shall be
covered by worker’s compensation and have access to the Employee
Assistance Program.
b.Benefits Continuation. 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 when a
qualifying event would normally result in the loss of eligibility. Some common
qualifying events are:
•Resignation, termination of employment, or death of an employee
•A reduction in an employee’s hours or a leave of absence
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Compensation & Benefits Chapter Page 15
Employee Benefits – Group Benefit Plan
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
•An employee’s divorce or legal separation
•Marriage or the birth or adoption of a child
•A dependent child no longer meeting eligibility requirements
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. The Human Resources Manager provides each eligible employee with a
written notice describing rights granted under COBRA when the employee becomes
eligible for coverage under the City’s health insurance plan. The notice contains
important information about the employee’s rights and obligations. All COBRA
payments are to be coordinated through the Department of Operations.
BENEFITS OFFERED
A.Health Insurance Package.The City of Milton will provide health, dental and
vision programs for all eligible employees. Dependent care coverage will be
available to all eligible employees wishing to choose such a benefit at additional
cost.
B.Death Benefits.The City will offer life insurance coverage to all eligible employees.
C.Retirement Benefits. The City will offer two retirement programs as follows:
1.Deferred Compensation Program.The City’s deferred compensation program
allows an employee to contribute to a 457 plan in order to plan for retirement
on a tax-deferred basis. The employee will have the ability to direct their
contribution into the investment choices offered by the external defined
contribution plan administrator. There will be a maximum contribution per
year, set by the IRS and contributions made by the employee shall be vested
immediately upon the employee’s eligibility date for benefits and shall be
portable based upon regulations defined in the City’s Plan Document and
guidelines defined by the Internal Revenue Service. A city match to the
voluntary plan will be on a year-by-year basis as budget funds allow.
2.Defined Benefit Program. The City will offer a defined benefit (pension)
program to all eligible employees. A base pension contribution will be paid by
the City, with an additional contribution made by the employee as outlined in
the plan document.There will also be a vesting period as defined in the plan
document.
D.Tuition Reimbursement. In order to encourage continuing education for
employees, the City may offer tuition reimbursement to eligible employee,
contingent upon funds 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.
1.Application.The Tuition Reimbursement form must be completed and
approved prior to the beginning of any educational activity in which an
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Compensation & Benefits Chapter Page 16
Employee Benefits – Group Benefit Plan
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
employee wishes to seek reimbursement. An employee who takes an
approved course may be reimbursed one hundred percent (100%) up to a
maximum of $3,000 per calendar year of tuition costs provided:
a.Approval is received from the department manager and the Director of
Operations prior to commencement of the course.
b.The course is job-related or related to a position to which the employee
can be promoted.
c.The course has been successfully completed with a minimum grade of
“C” at the undergraduate level and “B” at the graduate level.
d.Funds for reimbursement are available in the department budget.
2.Reimbursement.The employee shall submit proof of tuition payment,
other receipts eligible for reimbursement and a copy of their grade(s) to the
Human Resources Manager within ten (10) days after receiving their grades.
The City reserves the right to recoup any reimbursement given within ninety
(90) days of the end of employment.
E.Employee Assistance Program (EAP). The City of Milton will provide a
confidential counseling and referral service through professional providers to assist
employees in resolving personal issues which may be affecting job performance,
employee morale and quality of life by offering support and helping them achieve
their goals. It is the intent of the City for all employees and elected officials to have
direct and confidential access to the EAP.Initial counseling/referral services will
be free of charge to the employee and their dependents. Long term services may
become chargeable either to the employee or the employee’s insurance.
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Compensation & Benefits Chapter Page 17
Employee Benefits – Group Benefit Plan
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
WORKER’S COMPENSATION
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’
employment with the City of Alpharetta.
GENERAL PROVISIONS
A.Definition. Under Georgia Law, “injury” is defined to include impairments that
occur suddenly as a result of trauma as well as diseases that develop over long
periods as a result of occupational hazards. Psychiatric conditions are covered if
the employee can demonstrate that actual on the job events were at least ten
percent of the cause of the condition.
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 Human Resources Manager 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 Human Resources Manager 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 Human Resources
Manager 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 when possible, but
in all cases no later than twenty-four (24) hours after the occurrence of the
injury. Supervisors will ensure that a written report of the injury is completed
and turned into the Human Resources Manager 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.
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Compensation & Benefits Chapter Page 18
Employee Benefits – Group Benefit Plan
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
PROCEDURES:
1.An employee injured on the job must report the injury to their supervisor
immediately.
2.The employee’s supervisor must follow the appropriate procedures prescribed for
reporting the injury.
3.Treatment of the injury shall be provided at one of the designated medical facilities
that are posted at each work site.
4.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.
5.There is a seven (7) 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 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 twenty-
one (21) consecutive days, compensation is retro-active for the first seven days.
The first seven (7) days of disability are not reimbursable unless the employee is
disabled more than the twenty-one (21) consecutive days.
6.Beginning with the eighth (8) 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.
During the first six (6) 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. At the end of six (6) months, the employee shall, if still unable to return to
work, apply for long-term disability benefits through the City’s carrier to supplement
the worker’s compensation benefits.
HAZARDOUS DUTY INJURIES:
An employee determined injured in a hazardous Duty assignment shall be eligible to receive pay
to supplement the statutory Worker’s Compensation benefits to a maximum of full salary for a
period of six months. This hazardous duty supplement will be without charge to the employee’s
PTO balance. A hazardous duty injury shall be defined as bodily injury to an employee result in
from an activity within the scope and course of employment that is due to exigent and life or
limb threatening circumstances, provided the circumstances are not caused or contributed to by
the employee’s own conduct. The hazardous duty injury must have been sustained while
physically working for the City of Milton. Determination of hazardous duty injuries will be
made upon recommendation of the department director of the injured employee to the Director of
Operations. These two directors and the Human Resources Manager will make the final
determination of hazardous duty injury.
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Employee Relations
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Employee Relations Chapter Page 1
Standards of Conduct
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Nothing in this manual is to be construed to create a contr act 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) 9/07
STANDARDS OF CONDUCT
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:
•Promote impartial, objective and effective performance of their duties
•Avoid activities that are adverse to the City’s interest or adversely affect the
City’s reputation
•Ensure safe and efficient operations
•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.
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 by such laws may be cause for
disciplinary action regardless of whether charges are filed or prosecuted.
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.
C.Ethics. All employees shall conform to the ethical standards of conduct as
outlines in the City’s code of ordinances.
ATTENTION/DERELICTION
A.Attention. An employee shall remain awake, alert, observant and occupied with
City business when on the job. Employees are expected to perform their job
duties:
•Timely, promptly and without undue delay;
•Without unnecessary supervision;
•Ensuring they are engaged productively at all times or as directed;
•Demonstrating appropriate initiative and dependability in the quality, volume,
and prioritization of job duties.
B. Insubordination. An employee shall adhere and execute any and all lawful orders
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Employee Relations Chapter Page 2
Standards of Conduct
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
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 indirect. The willful disobedience of any order lawfully issued
by a supervisor or any mutinous, insolent, or abusive language or conduct toward
a supervisor shall be insubordinate.
COMPETENCE, JUDGMENT, AND 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 will tend to establish
and maintain the highest standards of efficiency in carrying out the functions and
objectives of the City.
B.Judgment.An employee shall exercise appropriate 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.Exercise appropriate supervision of subordinates and responsibilities;
3.Effectively plan, develop, and coordinate supervision and training of
subordinates;
4.Observe and appropriately counsel subordinates;
5.Take appropriate action when a subordinate fails to perform; and
6.Properly account for all funds and property under their control
HEALTH FITNESS
A.Fitness for Duty. An employee must be physically and mentally fit to perform
essential job functions.
B.Evaluation for Fitness. When it is suspected 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 and/or undergo a program of treatment. All such testing shall be
coordinated by the Human Resources Manager.
C.Periodic Evaluation. An employee may be required to take periodic examinations
and/or undergo a program of treatment to qualify for continued employment.
D.Disclosure Required. An employee who becomes aware of a physical or mental
impairment that may affect their ability to perform essential job functions shall
report the condition immediately to the department director.
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Employee Relations Chapter Page 3
Standards of Conduct
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
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
leave status, or may be temporarily reassigned.
ABSENCES AND REPORTING
C.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.
D.Reporting for Work. An employee shall report to work physically and mentally fit
at the time and place specified by the supervisor and remain physically and
mentally fit throughout the work day.
E.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.
F.Fictitious Reporting. Employees are responsible for immediately reporting the
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.
RESPONSE
A.Responding to Calls for Service. No employee shall fail to timely respond to
official calls for service, dispatched calls, notices of assignment, 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 apparel in accordance with the City’s
dress code outlined in the Appendix.
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.
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Employee Relations Chapter Page 4
Standards of Conduct
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
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 the operation of the City or employee.
C.Unprofessional Conduct. An employee shall at all times refrain from voicing or
displaying any discriminatory attitude or prejudice concerning personal
characteristics of another person.
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.
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 will 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.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.
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.
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Employee Relations Chapter Page 5
Discipline
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
DISCIPLINE
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.
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. Disciplinary actions will be maintained as noted in the Discipline Options
Chart included in this chapter. 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.
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.
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Employee Relations Chapter Page 6
Discipline
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
E.Disciplinary options.
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. Final decision
rests with the Department
Director
Suspension Relief from duty for a specified amount of time.
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 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 day 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 day to appeal to the City
Manager. The final decision
rests with the City Manager.
Probationary employees do
not have appeal rights to
dismissal.
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Employee Relations Chapter Page 7
Grievances
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
GRIEVANCES
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,
Department or City management.
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:
•Dissatisfaction with working environment;
•Unfair application, interpretation or violation of City or department
regulations;
•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:
•A statement of the grievance and the facts upon which it is based;
•A description of the specific wrongful act and harm done to the grieving
employee, and
•A statement of the remedy or adjustment sought.
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 Human Resources Manager and the Department Director
within five (5) 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 (5)
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Employee Relations Chapter Page 8
Grievances
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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.
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City of Milton, Georgia Personnel Handbook (rev) 9/07
working days after receipt.
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.
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Employee Relations Chapter Page 9
Workplace Discrimination & Harassment
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
WORKPLACE DISCRIMINATION & HARASSMENT
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 ability of City of Milton employees to perform their expected job duties is
absolutely not tolerated.
SEXUAL HARASSMENT
A.Definition. The Equal Employment Opportunity Commission’s (EEOC’s) definition
of sexual harassment as 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.Prohibted Behavior. Behavior prohibited by this policy can include unwelcome
sexual remarks or compliments, sexual jokes, sexual innuendo or propositions,
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.
E.Other Unlawful 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,
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Employee Relations Chapter Page 10
Workplace Discrimination & Harassment
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
friends, or employees, and that
1.has the purpose or effect of creating an intimidating, hostile, or offensive
working environment;
2.the purpose or effect of unreasonably interfering with an individual’s work
performance; or
3.otherwise adversely affects an individual’s employment opportunities.
F.Complaint Procedure and Investigation. If you feel that this policy has been
violated, regardless of whether it is by a fellow worker, a supervisor, or a member of
the general public, you should report the incident(s) immediately to their
department director and the Human Resources Manager. If the Human Resources
Manager is involved in the behavior, the report should be made to the Director of
Operations. 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 Human Resources Manager or to the Director of
Operations.
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 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.
G. 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 Human Resources Manager or to the Director of Operations.
Employees may 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.
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Employee Relations Chapter Page 11
Substance Abuse and Drug and Alcohol Testing
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
POLICY STATEMENT
The City, as a condition of consideration for initial and continued employment,
prohibits employees from reporting to work or performing their duties with any
unlawful drug or alcohol in their systems. Employees are also prohibited from using,
possessing, manufacturing, distributing, or making arrangements to distribute
unlawful drugs or alcohol while at work, off site at training or meetings, on City or
customer property (including in personal vehicles onsite), during lunch or breaks, or
in City vehicles. Further, the City prohibits all unlawful drug use, possession, or
distribution, whether on or off duty. If possession of an illegible substance is
necessary in the course of a police investigation, the Public Safety Director may grant
a waiver to this policy for a finite period of time.
A.Application.To enforce this policy, the City may, at any time where lawful,
require as a condition of employment and/or continued employment, any employee
to submit to a physical examination and/or urine, breath, blood or other type of
test to determine the presence of drugs or alcohol in his or her system. The
possible occasions for drug and alcohol testing include, but are not limited to:
1.When the City has a reasonable suspicion that an employee has violated
the Drug & Alcohol Policy;
2.When an employee suffers an on-the-job reportable injury or is involved
in an accident;
3.When an employee seeks a transfer or promotion, or returns from a
suspension or a leave of absence; or
4.As part of any random program of testing which the City may implement.
The City may conduct substance testing where the City has reasonable suspicion
that the employee has violated the drug or alcohol policy, including accidents
suggesting carelessness, disregard of safety rules or other conduct indicating
possible violation of the Drug and Alcohol Policy. The City may also conduct
random substance abuse testing.
B. Violation. Violation of these rules will result in discipline, including immediate
discharge of current employees or disqualification of an applicant. Violations include,
but may not be limited to:
1.A test indicating being under the influence of alcohol or the presence of
unlawfully used drugs in an employee’s system;
2.Refusal to cooperate with the City in any test, search or investigation, or failure
to execute any paperwork or consent forms necessary for examinations or tests;
3.Possession of, distribution of, or consumption of unlawful or abused drugs,
unauthorized alcohol, or drug paraphernalia;
4.Tampering with or adulterating a test sample; or
5.Unlawful conduct on or off duty.
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Employee Relations Chapter Page 12
Substance Abuse and Drug and Alcohol Testing
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
C.Refusal to Submit. Employees who refuse to submit to a test or test positive for
alcohol or unlawful drugs may be disqualified for unemployment compensation
benefits. 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.
D.Prescription Medication. Although the proper use of medication is not
prohibited, employees should consult with their supervisor when he or she is
legitimately taking medication that he or she has reason to believe may affect
safety or performance. 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. No
employee may take another person’s medication. The law treats the abuse of
prescription medication as unlawful drug use.
E.Random Testing. Because of the safety sensitive nature of the work performed at
The City of Milton, all employees will be subject to unannounced random testing
for the presence of drugs and alcohol.
To facilitate such testing, associates’ identifying data is placed in a testing pool
from which a scientifically random selection is made every employee has an equal
chance of being chosen for testing every time a random selection is drawn. This
selection will be facilitated and monitored by the City’s occupational medicine
provider.
The dates of testing will be unannounced and will be reasonably spread throughout
the calendar year. 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.
Employees are allowed to continue working pending the results of the test. If the
testing facility notifies City that the employee has produced a confirmed positive
sample, Human Resources will contact the appropriate director with the results.
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
or administrative proceedings when the information is relevant to The City of
Milton’s defense.
F.Searches. The City of Milton reserves the right to conduct searches of property,
vehicles, or equipment owned or being operated by the City at any time or place.
The City of Milton also reserves the right to conduct searches on company property
of associates and/or personal property when, in The City’s view, there is a
reasonable suspicion that an employee is buying, selling, transporting, or
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Employee Relations Chapter Page 13
Substance Abuse and Drug and Alcohol Testing
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
otherwise in possession of intoxicants 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.
G.Employee Assistance Program. The City of Milton has an EAP to help employees
who have a drug or alcohol problem. Employees who have alcohol or drug
dependency problems or believe they may have such problems are encouraged to
contact a Supervisor, Human Resources, or EAP directly for assistance under the
program.When the Supervisor or Human Resources is made aware of the problem,
the associate will receive a mandatory EAP referral. Although The City will support
voluntary treatment efforts for associates with drug and alcohol dependency
problems, it is the employee’s responsibility to pursue treatment before
dependency problems result in violations of this policy.
When an employee voluntarily reports that he/she has a drug or alcohol
dependency problem and seeks assistance, that employee will be placed on sick
leave to allow for in-patient or out-patient rehabilitation treatment in accordance
with applicable employment policies.The employee will not be permitted to work
until such time as a competent medical authority, approved by The City, has
certified that the employee has controlled the problem, is fit for duty, and is able to
safely perform the job assignment.
To protect his/her position with The City of Milton, an employee seeking assistance
must agree to comply with the mandatory EAP referral provisions. Failure to do so
may result in discharge.
The employee is responsible for paying the cost of the rehabilitation program. The
employee may be able to use existing leave and medical benefits provided under
the employment policies applicable to the associate at the time.
____________________________________________________________________________________________________________________
Nothing in this manual is to be construed to create a contr act 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) 9/07
1-7-f" City of Milton<s T3000 Deefield Farhay, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: September 27,2007
FROM: Interim City Manager
AGENDA ITEM: Approval of a Telecommunications Ordinance
MEETING DATE: Thursday, October 4, 21107 Regular Meeting
BACKGROUND INFORMA TION: (Attach additionai pages ~fnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED I)NOT APPROVED
CITY ArrORNEY APPROVAL REQUIRED: 0 NoKYES
CITY ATTURNEY REVIEW REQUIRED: bQ YES I)No
APPROVAL BY CITY ATTORNEY ()APPROVED I)NOT APPROVED
City of Milton
1300 Deerfield Parkway, Suite 107 Milton, Georgia 30004
To:Honorable Mayor and City Council Members
From:Chris Lagerbloom, Interim City Manager
Date:September 27, 2007 for Submission on the October 4, 2007 City Council Agenda
Agenda Item:An Ordinance Regulating the Location, Placement, and Leasing of Wireless
Telecommunications Facilities.
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance for the establishment of siting guidelines for all wireless communications
towers and antennas by encouraging the development of wireless communications while protecting the
general health, safety, and welfare of the public in addition to maintaining the aesthetic integrity of the
neighboring communities in the future placement of these facilities.
The approval of this ordinance will supersede article 19.4.7 of the City of Milton Zoning Ordinance.
Background:
The Milton City Council recently directed staff to evaluate a telecommunications ordinance for the city
which would minimize the visual impact of proposed vertical telecommunications tower structures and
employed modern-day technological advances to integrate these federally regulated communications
facilities within the rural context of the new municipality, as appropriate.
Wireless telecommunication towers have been approved in the past under the Fulton County Board of
Commissioner’s jurisdiction as use permits in Chapter 19 of the county’s Zoning Code. The Milton City
Council has requested additional performance requirements for the review of wireless
telecommunications towers and suggested a stand-alone ordinance as the best avenue to pursue this
initiative.
Pursuant to Section 704 (a) of the Federal Telecommunications Policy Act of 1996 the ability for local
governments to regulate policy specific to wireless telecommunication facilities is rather limited though
having a comprehensively developed ordinance that provides reasonable accommodations for these
modern-day technologies will place the city in a good position to defend aggressive measures to install
visually intrusive telecommunication towers through the municipal landscape.
Discussion:
The City of Milton staff’s effort to continue to create ordinances which will promote the agrarian context
of the new city has carefully research wireless telecommunications facility ordinances around the region,
in order to develop the proposed plan for public review and consideration. Developing this ordinance will
help insure that new wireless telecommunications facilities are integrated into the natural fabric of the
surrounding community and are designed in aesthetically pleasure manner, where applicable.
City of Milton
1300 Deerfield Parkway, Suite 107 Milton, Georgia 30004
The ordinance promotes the co-location of new cellular service providers on existing structures, in an
effort to minimize the need for additional vertical structures to be placed in greenfield areas of the city.
The ordinance also considers encouraging wireless telecommunications towers within municipal
properties when it is determined that service delivery is lacking by the provider. The revenues from the
telecommunication facility franchise fees would serve the City of Milton tax base.
The ordinance does place the burden of proof on the wireless telecommunication providers to supply
professional engineering analysis that validates the need for new facility locations to be installed in areas
where service delivery is proposed to be limited.
The ordinance also encourages the utilization of “stealth” technological design options where the
appearance of the telecommunications facility is not outwardly apparent to the public at first glance or can
be retrofitted into existing community-based structures as an effective alternative, whenever possible.
Alternatives:
N/A
Concurrent Review:
Tom Wilson, Community Development Director
Mike Tuller, AICP, Community Development Deputy Director
ORDINANCE NO. 2007-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE REGULATING THE LOCATION, PLACEMENT AND LEASING OF
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 1: Purpose and Intent.
The purpose of this Ordinance is to establish guidelines for the siting of all wireless
communications towers and antennas which will encourage the development of wireless
communications while protecting the health, safety, and welfare of the public and maintaining
the aesthetic integrity of the community. The goals of this ordinance are:
(a) To protect residential areas and land uses from potential adverse impact of
telecommunications towers, antenna support structures and wireless communications facilities;
(b) To minimize the total number of towers and antennas within the community necessary to
provide adequate personal wireless services to residents of Milton;
(c) To locate telecommunications towers and antennas in areas where adverse impacts on the
community are minimized;
(d) To encourage the design and construction of towers and antennas to minimize adverse
visual impacts;
(e) To avoid potential damage to property caused by wireless communications facilities by
insuring that such structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no longer used or when determined to be structurally unsound;
(f) To preserve those areas of significant scenic or historic merit;
(g) To facilitate implementation of a master siting Plan for the City of Milton;
(h) To promote and encourage the joint use of new and existing tower sites among service
providers;
(i) To enhance the ability of the providers of wireless communications services to deliver
such services to the community effectively and efficiently.
(j) To supersede article 19.4.7 of the City of Milton Zoning Ordinance.
Section 2:Severability
If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or
any application thereof to any person or circumstance is declared void, unconstitutional, or
invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other
portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of
this Ordinance, and all applications thereof, not having been declared void, unconstitutional, or
invalid, shall remain in full force and effect.
Section 3: Definitions
For the purposes of this Ordinance, and where not inconsistent with the context of a particular
section, the defined terms, phrases, words, abbreviations, and their derivations shall have the
meaning given in this section. When not inconsistent with the context, words in the present tense
include the future tense, words used in the plural number include words in the singular number,
and words in the singular number include the plural number. The word “shall” is always
mandatory, and not merely directory.
As used in this Ordinance, the following terms shall have the meanings ascribed below:
Abandonment - The intent to abandon or discontinue operations as evidenced by voluntary
conduct or failure to use a wireless telecommunications facility for a period of six months or
more.
Accessory Facility or Structure - Means an accessory facility or structure serving or being used
in conjunction with the wireless telecommunications facilities, and located on the same property
or lot as the wireless telecommunications facilities, including but not limited to: utility or
transmission equipment storage equipment storage sheds or cabinets.
Accessory Use – A tower and/or antenna is considered a principal use if located on any lot or
parcel of land as the sole or primary structure, and is considered an accessory use if located on a
lot or parcel shared with a different existing primary use or existing structure.
Alternative tower structure - Means man-made trees, clock towers, bell steeples, light poles
and similar alternative-design structures, that in the opinion of the City Council, are compatible
with the natural setting and surrounding structures, and effectively camouflage or conceal the
presence of antennas or towers.
Antenna - Means a system of electrical conductors that transmit and/or receive electromagnetic
waves or radio frequency or other wireless signals. Such shall include, but not be limited to
radio, television, cellular, paging, Personal Telecommunications Services (PSC), microwave
telecommunications and services not licensed by the FCC, but not expressly exempt from the
City’s siting, building and permitting authority.
2
Antenna Array - means a single set or group of antennas and their associated mounting
hardware, transmission lines or other appurtenances which share a common attachment device
such as a mounting frame or mounting support.
Applicant - means a person or entity submitting an application for a special use permit for a
wireless telecommunications facility. including the property owner, antenna support structure
owner, and any proposed tenants for the facility.
Attached Wireless Telecommunications Facility - means an antenna or antenna array that is
secured to an existing building or structure (except an antenna support structure) with any
accompanying pole or device which attaches it to the building or structure, together with
transmission cables, and an equipment cabinet, which may be located either on the roof or
inside/outside of the building or structure. An attached wireless telecommunications facility is
considered to be an accessory use to the existing principal use on a site.
Co-location - means a situation in which two or more wireless personal service providers place
a wireless telecommunications antenna or antennas and feed lines on a common antenna support
structure or other structure on which there is an existing antenna array.
Concealed - means a wireless telecommunications facility that is disguised, hidden, part of an
existing or proposed structure or placed within an existing or proposed structure, to include
antennas, ancillary structures, and utilities.
Directional antenna - means an antenna or array of antennas designed to concentrate a radio
signal in a particular area.
Effective radio power (ERP) - The product of the antenna power input and the numerically
equal antenna power gain.
FAA - means the Federal Aviation Administration.
FCC - means the Federal Communications Commission.
Guy tower - means a tower supported, in whole or in part, by guy wires and ground anchors.
Height - See Structure Height
Historic or Scenic Views -means geographic areas in Milton which have been formally
designated as part of any Historic District; have been included in any nature preserve or scenic
preservation efforts; or have sufficient historic or scenic merit as determined by the City Council
and the Historic Preservation Commission so as to require preservation. A scenic view may vary
from a stationary viewpoint or be seen as one travels along a roadway or path, and as having
historic and/or architectural significance through an ordinance, guideline, map, listing or
designation by a local, state or federal government.
3
Lattice tower - means a guyed or self-supporting, open frame structure that has three or four
sides used to support telecommunications equipment.
Low power mobile radio service telecommunications facility - means an unmanned facility
which consists of equipment for the reception, switching and transmission of low power mobile
radio service communications. Such facilities may be elevated, either building-mounted or
ground mounted; transmitting and receiving antennas; low power mobile radio service base
equipment; or interconnection equipment. The facility types include: roof and/or building
mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or
repeater facilities.
Low power telecommunications facility - means an unmanned facility consisting of equipment
for the reception, switching and/or receiving of wireless telecommunications operating at 1,000
watts or less effective radiated power (ERP), including but limited to the following:
a.Point-to-point microwave signals.
b.Signals through FM radio transmitters.
c.Signals through FM radio boosters under 10 watts ERP.
d.Cellular, Enhanced Specialized Mobile Radio (ESMR), paging services and
Personal Communications Networks (PCN).
e.Private, low power mobile radio services which include industrial, land
transportation, emergency public safety and government, automatic vehicle
monitoring, personal mobile (CB’s) and HAM operators.
Low power telecommunications facility accessory building - means an unmanned building used
to house equipment related to a communications facility.
Low power commercial radio mobile network - means a system of low power commercial
telecommunications facilities which allows wireless conversation to occur from site to site.
Master Siting Plan - refers to the siting map developed by staff and approved by City Council
to identify appropriate sites for the location of wireless transmission facilities as may be
amended from time to time. Such map may be derived from propriety information submitted by
wireless providers.
Micro-cell - means a low power mobile radio service telecommunications facility used to
provide increased capacity in high call-demand areas or to improve coverage to weak areas.
Micro-cells communicate with the primary low power mobile radio service facility in a coverage
area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile
radius or less.
Microwave antenna - means a dish-like antenna used to link communications sites by wireless
transmission of voice or data.
Monopole - means a cylindrical self-supporting i.e. not supported by Guy Wires,
communications tower constructed of a single spire, used to support telecommunications
equipment.
4
Omni-directional antenna - means an antenna that is equally effective in all directions, the size
of which varies depending on the frequency and gain for which it is designed.
Planning and Zoning - See Community Development.
Planning Commission - means the Planning & Zoning Commission of the City of Milton,
Georgia.
Preexisting Towers and Preexisting Antennae mean any tower or antenna for which a building
permit or special use permit has been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
Repeater - means a low power mobile radio service telecommunications facility used to extend
coverage of cell areas to areas not covered by the originating facility.
Roof and/or building-mounted telecommunications facility - means a low power mobile radio
service telecommunications facility in which antennas are supported entirely by a building other
than a building accessory to a telecommunications facility. Such facilities may include micro-cell
and/or repeater facilities.
Screening - The use of design, existing buildings and structures, existing and proposed
vegetation and color to obscure a wireless telecommunications facility.
Separation -The vertical distance between one carrier’s antenna array and the antenna array of
another carrier.
Sectorized panel antennas - means an array of antennas, usually rectangular in shape, used to
transmit and receive telecommunications signals.
Siting - The method and form of placement of a wireless telecommunications facility on a
specific area of a property.
Structure Height - means the distance measured vertically from the average ground elevation
adjacent to the structure being measured to the highest point when positioned for operation. The
height of a tower includes the height of any antenna positioned for operation attached to the
highest point on the tower.
Technically Feasible and Viable means capable of being provided through technology which
has been demonstrated in actual applications (not simply through tests or experiments) to operate
in a workable manner.
5
Telecommunications Facility - means a telecommunications tower, monopole tower, antenna
or any and all buildings, structures, or other supporting equipment used in connection with a
telecommunications tower, monopole tower, or antenna.
Source: www.cdc.gov/niosh
Tower - means any structure designed primarily for the purpose of supporting one or more
antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of electronic communication, including self-
supporting lattice towers, guy towers or monopole towers constructed as a free-standing structure
or in association with a building or other permanent structure. Towers include radio and
television transmission towers, microwave towers, common-carrier towers, cellular and digital
telephone towers, alternative tower structures, and the like.
Whip antenna - means an antenna that is cylindrical in shape. Whip antennas can be directional
or omni-directional; size varies with the frequency and gain for which they are designed.
Wireless Telecommunications Facility (WTF) - A staffed or unstaffed commercial facility for
the transmission and/or reception of radio frequency signals, or other wireless communications,
and usually consisting of an antenna or groups of antennas, transmission cables and equipment
enclosures, and may include an antenna support structure. The following non-exclusive list shall
6
be considered a wireless telecommunications facility: new and existing antenna support
structures, replacement antenna support structures, collocations on existing antenna support
structures, attached wireless telecommunications facilities and concealed wireless
telecommunications facilities. Also see Telecommunications Facility
WTF - See Wireless Telecommunications Facility.
Section 4: Applicability.
All new wireless towers and antennas shall be subject to the regulations contained within this
article except as provided in subsections a-c, inclusive:
(a) Public Property. Nothing in this article shall be read to prohibit a government owned tower
from being located at a specific site when the tower is required to protect the public welfare or
safety.
(b) Amateur Radio; Receive-Only Antennas. This ordinance shall not govern any amateur
radio tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned
and operated by a federally-licensed amateur radio station operator or is used exclusively for
receive only antennas.
(c) Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been
properly issued prior to the effective date of this ordinance shall not be required to meet the
provisions of this ordinance, other than the requirements of Section 7. Any such towers or
antennae shall be referred to in this ordinance as "preexisting towers” or “preexisting antennae.”
However, in the event a preexisting tower or antennae ceases to function, then the subject tower,
antennae and related equipment shall be removed from the subject property within ninety (90)
days.
Section 5:General Requirements.
(a) An application shall be required for the construction or placement of all new wireless
transmission facilities and new co-location facilities, antennas or towers within the City limits.
Approval of any application for the construction of a tower or placement of an antenna shall be
based on consideration of the following factors:
(1) Proximity to residential structures and residential district boundaries;
(2) The proposed height of the tower;
(3) Nature of uses on adjacent properties;
(4) Surrounding topography, tree coverage and foliage;
(5) Design of the facility, with particular reference to design characteristics which
have the effect of reducing or eliminating visual obtrusiveness;
7
(6) Proposed ingress and egress;
(7) Availability of suitable existing towers, other structures, or alternative
technologies (microcells) not requiring the use of towers or structures.
(8) Demonstrated need for the telecommunications facility at the specified site.
(9) Utilization of the City of Milton Master Siting Plan, as amended.
(b) All applications submitted to the Community Development Department shall include a
complete inventory of the applicant’s existing wireless transmission facilities including towers
and receivers/transmitters located within the City of Milton or a one-half mile radius surrounding
the city limits, including each asset’s location (plane coordinates), height and co-location usage
or capabilities, and any special design features. The City shall utilize such information, subject
to any restrictions on disclosure requested by the applicant, to promote co-location alternatives
for other applicants.
(c) At the time of filing the application for construction or placement of a wireless transmission
facility, the applicant shall provide a site plan and information regarding tower or accessory
structure location, neighboring uses and proposed landscaping as described below. Additional
documentation to be submitted with the site plan and certified by an experienced radio frequency
engineer shall delineate coverage and propagation zones, identify type of antenna and mounting
location, specify type of band currently in use, and state co-location capabilities.
(1) The scaled site plan shall clearly indicate the location, type and height of the
proposed tower or accessory structure to be utilized, on-site land uses and zoning,
adjacent land uses and zoning including proximity to historic or scenic view
corridors, adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower, accessory structure and any other
structures, topography, parking, and other information deemed necessary by the
Community Development Director to assess compliance with this ordinance.
(2) Legal description of the parent tract and leased parcel (if applicable).
(3) A study including a definition of the area of coverage and radio frequency goals
to be served by the antenna or tower and the extent to which such antenna or
tower is needed for coverage and/or capacity. A professional engineer stamp
shall also be required for the study.
(4) The setback distance between the proposed wireless transmission facility and the
nearest residential unit or residentially used structure.
(5) Structural integrity analysis where antennas and equipment will be attached to an
existing structure
8
(6) Landscaping shall be designed in such a way as to preserve existing mature
growth and to provide in the determination of the Design Review Board, a
suitable buffer of plant materials that mitigates the view of the
telecommunications facility and accessory structures from surrounding property.
(d) Each application shall be accompanied by a fee of one thousand dollars ($1000.00) to
offset the costs associated with processing such application. In addition, applicants shall be
responsible for independent engineering costs incurred by the City which exceed such fee up to
an additional two thousand dollars ($2,000.00), if requested by the City. The applicant shall be
responsible for additional fees throughout the process as described further within this ordinance.
All fees are subject to change as amended by the Mayor and City Council by resolution.
(e) Landscaping plans and the design and placement of the wireless transmission facility on an
approved site shall require review and approval of the appropriate Overlay District Design
Review Board prior to issuance of a building permit to insure architectural and aesthetic
compatibility with the surrounding area.
(f) Prior to issuance of a building permit, compliance with Section 106 of the National Historic
Preservation Act, 16 U.S.C. § 461 et. seq. shall be demonstrated.
(g) In approving any application, the Director of Community Development, applicable Design
Review Board, or Council may impose additional conditions to the extent determined necessary
to minimize adverse effects on adjoining properties.
Section 6:Development Requirements for Towers.
(a) Towers may be located only in the following zoning districts subject to the restrictions and
standards contained herein:
O-I Office and Institutional District
C-1 or C-2 Commercial District
M-1, M-2 or M-1A Industrial District
AG-1 Agricultural District
A or AL Apartment District or Apartments Limited
(b) No new wireless transmission facilities shall be located within 2500 feet of any preexisting
wireless transmission site unless such new facility is concealed through use of alternative tower
structures or is otherwise camouflaged, and a variance is granted by the Zoning Board of
Appeals of the City of Milton.
(c) All applicants seeking to erect a tower must demonstrate that no existing tower or structure
can accommodate the proposed antenna(s). Evidence of an engineering nature shall be
documented by the submission of a certification by an engineer. Such evidence may consist of
the following:
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1. No existing towers or structures are located within the geographic area required to
meet applicant’s engineering requirements.
2. No existing structure is of sufficient height to meet the applicant’s engineering
requirements.
3. No existing tower or structure has sufficient structural strength to support
applicant’s proposed antenna(s) and related equipment.
4. Applicant’s proposed antenna(s) would cause electromagnetic interference with
the antenna(s) on the existing tower or structure.
5. Such other limiting factor(s) as may be demonstrated by the applicant and verified
by an engineer of the City's choosing.
(d) Setbacks: Setbacks for towers and above-ground transmission facilities shall be as
follows:
1. All transmission facilities, except buried portions, shall be set back from all
adjoining properties zoned non-residential a distance equal to the underlying
setback requirement in the applicable zoning district.
2. When a tower is adjacent to a residential use or residential zoning, the tower and
entire transmission facility must be set back from the nearest residential lot line a
distance equal to the height of the tower.
(e) Unless otherwise specified by Community Development Staff and the Design Review
board, towers and above ground equipment shelters shall be enclosed by vinyl clad chain link
security fencing not less than 6 feet in height and shall be equipped with an appropriate anti-
climbing device. Said fencing shall be surrounded by a minimum 10-foot wide landscape strip
planted to buffer standards unless the City of Milton Arborist determines that existing plant
materials are adequate.
(f) All new towers in excess of 100 feet which do not incorporate alternative design features
must be designed and built in a manner that allows other entities to co-locate on the structure
using the following guidelines:
MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS
Zoning District Two Users Three Users Four
Users
O-I 120’ 150’ 180’
C-1/C-2/M-1/M-1A/
M-2/A/AL/AG-1
120’ 150’ 150’
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(g) All towers and their related structures shall maximize the use of building materials, colors,
textures, screening and landscaping that, in the opinion of the Design Review Board and staff,
effectively blend the tower facilities within the surrounding natural setting and built
environment. Where appropriate, towers shall be painted so as to reduce their visual
obtrusiveness, subject to any applicable standards of the Federal Aviation Administration (FAA).
(h) Roof top antennas and associated structures shall not project more than 10 feet above roof
lines.
(i) The structure shall comply with applicable state and local statutes and ordinances,
including, but not limited to, building and safety codes. Structures which have become unsafe or
dilapidated shall be repaired or removed pursuant to applicable state and local statutes and
ordinances.
(j) Facilities shall not be artificially lighted except to assure human safety or as required by the
Federal Aviation Administration (FAA).
(k) Structures shall be designed and constructed to ensure that the structural failure or collapse
of the tower will not create a safety hazard to adjoining properties, according to applicable
Federal Standards which may be amended from time to time.
(l) Structures shall not be used for advertising purposes and shall not contain any signs for the
purpose of advertising.
(m) A telecommunication facility that ceases operation for a period of 12 consecutive months
shall be determined to have terminated and shall be removed within 90 days of termination at the
property owner’s expense. It shall be the duty of both the property owner and the tower owner to
notify the city in writing of any intent to abandon the use of the tower.
(n) Communication facilities shall not be located in 100-year flood plain or delineated
wetlands.
(o) All guy wires must be anchored on site and outside of right-of-way and outside minimum
building setback.
(p) Structures not requiring FAA painting/marking shall have either a galvanized finish or be
painted a dull blue, green, gray, or black finish.
Section 7: Approval Process.
(a) Subject to certification by the Director of Community Development of compliance with the
general requirements and standards enumerated herein and with the consent of Council, the
following uses are subject to expedited approval, which shall be defined as approval within sixty
(60) days of receiving applications, supporting engineering certifications and lease approval, if
any, without the necessity of public hearing:
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1.Antennas or towers located on property owned, leased, or otherwise controlled by
the City of Milton provided accessory structures are located underground, where
technically feasible, and a license, permit or lease authorizing such tower is
thereafter approved by City of Milton.
2.Installing an antenna on an existing structure, so long as said installation is
considered to be a stealth technology installation that does not significantly
change the profile of the existing structure and so that the installation is not
readily noticeable to the untrained eye.Such installations including cables
leading to the antennas shall be painted to match the paint and colors on the
existing structure and shall not protrude from the existing structure in a noticeable
fashion.
3.Co-location by installing an antenna on any existing tower or alternative tower
structure.
4.Replacing an existing tower with a new tower designed to accommodate two or
more users so long as such new tower does not exceed the height limitations of
section 5 (f) above and setback requirements of this ordinance are met. After the
replacement tower is built, only one tower shall remain on such site. Support
equipment shall, where technically feasible, be located underground.
5. Locating any alternative tower structures provided accessory structures are
located underground, where technically feasible, or otherwise incorporated into
the alternative structure.
6 Installing any antenna or tower not to exceed the limitations contained in section
5(f) in any area zoned M-1, M-1A, M-2, A, AL, AG-1, C-1 or C-2 and provided
accessory structures are located underground, where technically feasible, or
shielded to the satisfaction of the Design Review Board.
7 Installing any antenna or tower in a location identified on the City of Milton
Master Siting Plan, as amended, provided accessory structures are located
underground where technically feasible, or shielded to the satisfaction of the
Design Review Board.
If the City Council determines that any application does not meet the general
application requirements, development requirements and/or standards enumerated
herein, or such application conflicts with the Master Siting Plan, approval of the
application shall be denied provided substantial evidence exists to support such
denial. Any aggrieved party may appeal the denial to the Fulton County Superior
Court. For purposes of this section, an aggrieved party is one who demonstrates
that his or her property will suffer special damage as a result of the decision
complained of rather than merely some damage that is common to all property
owners and citizens similarly situated.
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(b)If the proposed tower or antenna is not included under the above described expedited
approval uses, or the application does not on its face satisfy the development standards and other
criteria specified herein, then a public hearing before the Mayor and Council shall be required for
the approval of the construction of a wireless transmission facility in all zoning districts.
Applicants shall apply for a public hearing through the Community Development
Department and pay the required five hundred dollar ($500.00) fee at such time. Applications,
when complete, shall be placed on the next available agenda of the Mayor and Council at which
zoning matters are considered. At least thirty (30) days prior to any scheduled hearing, the
Community Development Department shall cause a sign to be posted on the property and the
publication of a public notice in a newspaper of general circulation. Said notice shall state the
nature of the application, street location of the proposal and height of the proposed structure.
Before approving an application, the governing authority may impose conditions to the
extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on
adjoining properties. The factors considered in granting such a permit include those enumerated
in Sections 4 and 5 above. The Mayor and Council may waive one or more of these criteria, if,
in their discretion doing so will advance the goals of this article as stated in Section 2 above.
Approved applications shall be valid for one (1) year from the date of the approval by the Mayor
and Council.
Section 8: Maintenance of Facilities.
(a) All wireless transmission facilities and related landscaping shall be maintained by the
facility owner in good condition, order, and repair so that they shall not endanger the life or
property of any person, nor shall they be a blight upon the property as determined by the
Community Development Director.
(b) All maintenance or construction on wireless transmission facilities shall be performed by
persons employed by or under contract to the owner between the hours of 8:30 a.m. and 5:30
p.m. Monday through Friday except in cases of emergency or when an after-hours permit is
obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on City owned
property shall be determined on a case-by-case basis by the department responsible for such
property. The hours of access to City sites shall not exceed those specified above. Persons may
not be present on site unless performing construction or maintenance at such site.
(c) The owner or user of any telecommunications facility shall be required to submit a
“Facility in Use Certification” annually to the Community Development Department. Any
antenna or tower that is not operated for a continuous period of twelve (12) months or is not
properly maintained shall be considered abandoned, and the owner of such antenna or tower
shall remove same and any structures housing supporting equipment within ninety (90) days of
receipt of notice from the governing authority of such abandonment. If such antenna or tower is
not removed or returned to good condition within said ninety (90) days, the governing authority
may remove such antenna or tower at the owner’s expense and a lien shall be placed upon the
property.
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Section 9: Waiver of Requirements.
No exception, waiver or variance to the conditions and requirements contained herein shall be
granted unless expressly provided for in this ordinance, or the Mayor and Council find that the
proposed tower or wireless transmission facility is necessary and essential to providing the
wireless service.
Section 10: Facilities Lease.
The City Council may approve facilities leases for the location of wireless transmission facilities
and other telecommunications facilities upon City owned property. Neither this section, nor any
other provision of this article shall be construed to create an entitlement or vested right in any
person or entity of any type.
Section 11: Lease Application.
Any person that desires to solicit the City's approval of a facilities lease pursuant to this Article
shall file a lease proposal with the City’s Community Development Department which, in
addition to the information required by Section 4, shall include the following:
a.A description of the wireless transmission facilities or other equipment proposed
to be located upon City property;
b.A description of the City property upon which the applicant proposes to locate
wireless transmission facilities or other equipment;
c.Preliminary plans and specifications in sufficient detail to identify:
1)The location(s) of existing wireless transmission or telecommunications
facilities or other equipment upon the City property, whether publicly or
privately owned.
2)The location and source of electric and other utilities required for the
installation and operation of the proposed facilities.
d.Accurate scaled conceptual drawings and diagrams of sufficient specificity to
analyze the aesthetic impacts of the proposed wireless transmission facilities or
other equipment;
e.Whether the applicant intends to provide cable service, video dial tone service or
other video programming service from the facility, and sufficient information to
determine whether such service is subject to cable franchising;
f.An accurate map showing the location of any wireless transmission or
telecommunications facilities in the City that applicant intends to use or lease;
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g.A landscaping bond in an amount to be determined by the city arborist;
h.Such other and further information as may be requested by the City; and
i.An application fee for lease negotiation in the amount of $250.00.
Section 12: Determination by the City.
Recognizing that the City is under no obligation to grant a facilities lease for the use of City
property, the City shall strive to consider and take action on applications for facilities leases
within 60 days after receiving a complete application for such a lease. When such action is taken,
the City shall issue a written determination granting or denying the lease in whole or in part,
applying the standards set forth below, or any other such criteria as the Mayor and City Council
may choose to apply. If the lease application is denied, the determination shall include the reason
for denial following review of these factors:
a.The capacity of the City property and public right-of-ways to accommodate the
applicant's proposed facilities.
b.The capacity of the City property and public right-of-ways to accommodate
additional utility and wireless transmission or telecommunications facilities if the
lease is granted.
c.The damage or disruption, if any, of public or private facilities, improvements,
service, travel or landscaping if the lease is granted.
d.The public interest in minimizing the cost and disruption of construction upon
City property and within the public ways.
e.The service that applicant will provide to the community and region. The effect, if
any, on public health, safety, and welfare if the lease requested is approved. The
availability of alternate locations for the proposed facilities.
f.Whether the applicant is in compliance with applicable federal and state
telecommunications laws, regulations and policies, including, but not limited to,
the registration requirements administered by the Georgia Public Service
Commission.
g.The potential of radio frequency and other interference with existing public and
private telecommunications or other facilities located upon the City property.
h.The potential for radio frequency and other interference or impact upon
residential, commercial, and other uses located within the vicinity of the City
property.
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i.Recommendations of the Public Works Department with respect to maintenance
and security of water towers.
j.Such other factors, such as aesthetics,as those factors may impact the community.
k.The maximization of co-location opportunities with other similar uses.
Section 13: Agreement.
No facilities lease shall be deemed to have been granted hereunder until the applicant and the
City have executed a written agreement setting forth the particular terms and provisions under
which the lessee has been granted the right to occupy and use the City property.
Section 14: Nonexclusive Lease.
No facilities lease granted under this Article shall confer any exclusive right, privilege, license,
or franchise to occupy or use City property for delivery of telecommunications services or any
other purposes nor shall approval of a lease entitle the applicant to a permit to construct or place
a wireless transmission facility.
Section 15: Term of Facilities Lease.
Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be
valid for a term of up to five (5) years, with the lessee granted a maximum of three (3) five (5)
year renewal options which options shall also be subject to approval of Council. The term of any
such agreement shall not exceed twenty (20) years.
Section 16: Rights Granted.
No facilities lease granted under this Article shall convey any right, title or interest in the City
property, but shall be deemed a license only to use and occupy the City property for the limited
purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as
any warranty of title.
Section 17: Interference with Other Users.
No facilities lease shall be granted under this Article unless it contains a provision which is
substantially similar to the following:
The City has previously entered into leases with other tenants for their equipment and wireless
transmission facilities. Lessee acknowledges that the City is also leasing the City property for the
purposes of transmitting and receiving telecommunication signals from the City property. The
City, however, is not in any way responsible or liable for any interference with lessee's use of the
City property which may be caused by the use and operation of any other tenant's equipment,
even if caused by new technology. In the event that any other tenant's activities interfere with the
lessee's use of the City property, and the lessee cannot work out this interference with the other
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tenants, the lessee may, upon 30 days notice to the City, terminate this lease and restore the City
property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate
with all other tenants to identify the causes of and work towards the resolution of any electronic
interference problem. In addition, the lessee agrees to eliminate any radio or television
interference caused to City-owned facilities or surrounding residences at lessee's own expense
and without installation of extra filters on City-owned equipment. Lessee further agrees to accept
such interference as may be received from City operated telecommunications or other facilities
located upon the City property subject to this lease.
Section 18: Ownership and Removal of Improvements.
No facilities lease shall be granted under this Article unless it contains a provision which states
that all buildings, landscaping, and all other improvements, except telecommunications
equipment, shall become the property of the City upon expiration or termination of the lease. In
the event that the City requires removal of such improvements, such removal shall be
accomplished at the sole expense of the lessee and completed within 90 days after receiving
notice from the City requiring removal of the improvements. In the event that wireless
transmission facilities or other equipment are left upon City property after expiration or
termination of the lease, they shall become the property of the City if not removed by the lessee
upon 30 days written notice from the City.
Section 19: Compensation to the City.
(a) Each facilities lease granted under this Article is subject to the City's right, which is expressly
reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to
the lessee; provided, nothing in these sections shall prohibit the City and a lessee from agreeing
to the compensation to be paid. Such compensation shall be payable in advance of the effective
date of the lease and on or before January 31 of each calendar year. Any payments received after
the due date shall include a late payment penalty of 2% of the annual rental fee for each day or
part thereof past the due date. The compensation shall be negotiated by the City Manager or
designee, subject to the City Council’ s final approval, based on the following criteria:
(1) Comparable lease rates for other public or private property;
(2) In the case land is leased, an appraisal opinion upon which the land and air space is rented;
(3) If structure of another user is involved, any amount needed to reimburse that user; in addition
to the above;
(4) A yearly escalator rate commonly used in comparable leases.
(5) The additional rent such structure may generate if leased to additional users. (The City
should be entitled to rent as a result of a sublease).
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(6) Additional fees or charges may be established by the City to cover actual costs of processing
the application, including engineering review, inspection and appraisal cost, legal, administration
of the agreement, providing on-site services, and/or other direct or indirect costs.
Section 20: Amendment of Facilities Lease.
Except as provided within an existing lease agreement, a new lease application and lease
agreement shall be required of any telecommunications carrier or other entity that desires to
expand, modify, or relocate its telecommunications facilities or other equipment located upon
City property. If ordered by the City to locate or relocate its telecommunications facilities or
other equipment on the City property, the City shall grant a lease amendment without further
application. Such amendment must be approved by Council.
Section 21: Renewal Application.
A lessee that desires to exercise a renewal option in its facilities lease under this Article shall, not
more than one hundred eighty (180) days nor less than one hundred twenty (120) days before
expiration of the current facilities lease term, file an application with the City for renewal of its
facilities lease which shall include the following:
a.The information required pursuant to Section 12 of this Article;
b.Any information required pursuant to the facilities lease agreement between the
City and the lessee;
c.A report certified by a radio frequency engineer that the site is in compliance with
current FCC radio emission standards.
d.All deposits or charges required pursuant to this Article; and
e.An application fee which shall be set by the City Council as referenced in this
ordinance or as amended from time to time by resolution.
Section 22: Renewal Determination.
Recognizing that the City is under no obligation to grant a renewal of a facilities lease for the
use of City property, the City shall strive to consider and take action on applications for renewal
of such leases within 30 days after receiving a complete application for such a lease renewal.
When such action is taken, the City shall issue a written determination granting or denying the
lease renewal in whole or in part, applying the standards set forth below, or any other such
criteria as the City Council may choose to apply. If the renewal application is denied, the written
determination shall include the reason for denial; such denial may be made after review of these
factors or on other grounds as determined by Mayor and Council:
a.The financial and technical ability of the applicant.
b.The legal ability of the applicant.
c.The continuing capacity of the City property to accommodate the applicant's
existing facilities.
d.The applicant's compliance with the requirements of this Article and the lease
agreement.
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e.Applicable federal, state and local telecommunications laws, rules and policies.
f.Continued need for the facility in light of technological advances and current
industry standards.
g.Such other factors as may demonstrate that the continued grant to use the City
property will serve the community interest.
Section 23: Obligation to Cure as a Condition of Renewal.
No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's
performance of the lease agreement, or of the requirements of these sections, have been cured, or
a plan detailing the corrective action to be taken by the lessee has been approved by the City. In
no event shall a facilities lease be renewed if lessee fails to cure.
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Master Siting Plan
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