HomeMy WebLinkAboutOrdinance No 11 12 118STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-12-118
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA,
TO AMEND CHAPTER 38 TO ADOPT THE PERSONNEL POLICIES OF THE CITY OF
MILTON OUTLINED IN CHAPTER 38 AS A POLICY RESOLUTION, RATHER THAN AS
AN ORDINANCE ENACTMENT
WHEREAS, Chapter 38 of the Ordinances of the City of Milton, Georgia currently incorporates the
personnel policies of the City of Milton as an ordinance of the City of Milton;
WHEREAS, Chapter 38 of the Ordinances of the City of Milton, Georgia is attached to this Ordinance;
WHEREAS, there is no rule or regulation in the Charter for the City of Milton that requires the
personnel policies for Milton to be adopted in ordinance form as opposed to resolution form;
WHEREAS, in order to allow greater flexibility and efficiency, the City of Milton desires to adopt its
personnel policies - as currently set forth in Chapter 38 of the Ordinances of the City of Milton - as a
policy resolution instead of an ordinance enactment;
WHEREAS, the existing personnel policy, attached hereto as Chapter 38 of Ordinances of the City of
Milton, shall for all and future purposes be considered a binding and formal policy resolution of the City
of Milton - but not an ordinance enactment.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows:
Section I: Chapter 38 of the Ordinances of the City of Milton shall be and is hereby repealed as an
ordinance.
Section II: Upon the adoption of this ordinance, the personnel policies outlined in Chapter 38 of the
Ordinances of the City of Milton shall be concurrently adopted and immediately authorized as a
resolution of the City of Milton.
Section III: Henceforward, the personnel policies of the City of Milton - as approved by said
resolution - may be unilaterally modified by the City Manager, and any such modification shall then be
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placed on the next available City of Milton's Consent Agenda for Council ratification of a resolution
amendment.
ORDAINED this the 5th day of December, 2011
Joe Lockwoo ; ayor
Attest:
� 64�
Sudie AM Gordon, City Clerk
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Chapter 38 - PERSONNEL [42]
(42 State Law reference— General authority over officers and employees, O.C.G.A.
§§ 36-34-2, 36-35-4; labor
and industrial relations generally, O.C.G.A. § 34-1-1 et seq.; retirement and pensions generally, O.C.G.A. §
47-1-1 et seq.
ARTICLE I. - IN GENERAL
ARTICLE II. - ADMINISTRATION
ARTICLE III. - COMPENSATION AND BENEFITS
ARTICLE IV. - EMPLOYEE RELATIONS
ARTICLE I. - IN GENERAL
Secs. 38-1-38-18. - Reserved.
Secs. 38-1-38-18. - Reserved.
ARTICLE II. - ADMINISTRATION
DIVISION 1. - GENERALLY
DIVISION 2. - ATTENDANCE AND WORK HOURS
DIVISION 3. - EMPLOYEE STATUS CHANGES
DIVISION 4. - HIRING AND SELECTION
DIVISION 5. - PERFORMANCE MANAGEMENT AND REVIEW
DIVISION 6. - TERMINATION OF EMPLOYEE STATUS
DIVISION 7. - USE OF CITY PROPERTY AND EQUIPMENT
DIVISION 8. - SAFETY AND ACCIDENT REPORTING
DIVISION 1. - GENERALLY
Sec. 38-19. - Definitions.
Sec. 38-20. - City manager authority.
Sec. 38-21. - Management authority.
Sec. 38-22. - Records.
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Sec. 38-23. - Applicability.
Secs. 38-24-38-42. - Reserved.
Sec. 38-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Base rate means, for each employee, that amount the employee is designated to receive within the
salary range for the employee's job classification.
Demotion means the change of an employee from a position in one grade to a position in another grade
at a lower level.
Department means 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:
(1) Mayor and City Council.
(2) City Manager's Office.
(3) City Treasurer's Office/Department of Operations.
(4) City Clerk.
(5) Community Development.
(6) Public Works.
(7) Municipal Court.
(8) Public Safety.
Department director means the highest administrative employee of a department, whether indicated as
director, chief, or other job title or rank.
Employee means all city employees are at -will employees. The term "at -will employees" means that
they have no property interest in the positions they hold and therefore can be dismissed, transferred, or
demoted without cause. The classifications for employees are as follows:
(1) Regular fulltime employee. The term "regular fulltime employee" means any employee filling
an approved, budgeted position with a regularly scheduled work week of 40 hours per week.
(2) Regular parttime employee. The term "regular parttime employee" means any employee
filling an approved, budgeted position with a regularly scheduled work week of 35 hours or less
per week.
(3) Fire shift employee. The term "fire shift employee" means those employees designated as
fire protection personnel and assigned to a shift other than the regular work week.
(4) Police shift employee. The term "police shift employee" means those employees designated
as police protection personnel and assigned to a shift other than the regular work week.
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(5) Temporary employee. The term "temporary employee" means any employee filling a position
for a specified length of time, for either long-term or short-term work assignments.
Exempt employee means an employee defined according to the federal Fair Labor Standards Act
(FLSA) to be subject to equal pay provisions but exempt from the 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 injury means 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.
Health impairment means 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.
Nonexempt employee means an employee defined according to the federal Fair Labor Standards Act
(FLSA) to be subject to equal pay, minimum wage, and overtime provisions.
(1) For regular employees, hours worked in excess of the 40 -hour work week will be paid at a
rate of 1'/2 times the employee's regular rate of pay.
(2) For police shift employees, hours worked in excess of the 86 -hour bi-weekly work period will
be paid at a rate of 1'/2 times the employee's regular rate of pay.
(3) For fire shift employees, hours worked in excess of the 108 -hour bi-weekly work period will
be paid at a rate of 1'/2 times the employee's regular rate of pay.
(4) Nonexempt employees take vacation and sick leave hours in quarter hours increments.
On-the-job 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 includes an injury:
(1) That arose out of employment;
(2) Was sustained in the course of employment; or
(3) Was a result of an occupational hazard.
Overtime rate means the rate of pay at 1'/2 times the base rate of pay.
Promotion means the change of an employee from a position in one grade to a position in another
grade of a higher level.
Reassignment means the movement of an employee within the classification plan not otherwise
covered by demotion, promotion, or reclassification. The terms "reassignment" and "transfer" may be
used interchangeably.
Reclassification means a position whose classification is altered due to job duties and responsibilities.
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Reclassifications can be to a higher, lower, or same pay grade.
Relative means:
(1) Spouse.
(2) Parent or stepparent.
(3) Child or stepchild.
(4) Sister or stepsister.
(5) Brother or stepbrother.
(6) Sister-in-law.
(7) Brother-in-law.
(8) Grandparent.
(9) Grandchildren.
(10) Aunt or uncle.
(11) Niece or nephew.
Supervisor includes 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 means failing to report for duty or failure to remain at work as scheduled without
proper notification, authorization, or excuse.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-20. - City manager 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-21. - Management authority.
(a) Scope; defined. City management possesses the sole authority to administer city operations. The
term "management authority" includes, but is not limited to:
(1) Discipline, discharge, or release of employees pursuant to the procedures described in this
article;
(2) Direct the work forces;
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(3) Hire, assign, or transfer employees;
(4) Determine the mission of the city departments;
(5) Determine the methods, means, and allocation/assignment of the 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 reassign employees to different positions with
different classifications and 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 article 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 article.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-22. - Records.
(a) 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.
(b) 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-23. - Applicability.
(a) Scope. The provisions of this article apply to all city employees, both on and off duty, unless
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otherwise indicated, restricted by authority, or limited by law.
(b) Not a contract. This article does not constitute a contract of employment or benefits. Nothing in
this article should be construed as a guarantee of continued benefits from, or employment by, the city.
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 article. Except in the case of emergency,
employees will be given appropriate written notice of any change.
(d) Titles. The use of terms in this article 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 article and copies of
amendments and revisions as they are adopted or have access to a copy of the article.
(g) Compliance. All provisions of this article are applicable to regular fulltime, parttime, seasonal, and
temporary employees except where otherwise noted in the article.
(h) Forms. The human resources department maintains a collection of various forms currently in use
by the city and referred to in this article. 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.
Q) 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-24-38-42. - Reserved.
DIVISION 2. - ATTENDANCE AND WORK HOURS
Sec. 38-43. - Policy statement.
Sec. 38-44. - Work hours; breaks.
Sec. 38-45. - Alternative work schedules.
Secs. 38-46-38-64. - Reserved.
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Sec. 38-43. - Policy statement.
(a) In order to maintain a high level of responsiveness to the city's citizenry, it is important that
employees:
(1) Follow established work hours;
(2) Avoid tardiness and unauthorized absences; and
(3) Follow reporting requirements.
(b) The city 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-44. - Work hours; breaks.
(a) Forty -hour week. The city has adopted a 40 -hour work week schedule for nonexempt employees,
with the exception of police and fire shift personnel.
(b) Business hours. All city offices 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 arrangements to have staff available from 7:30 a.m. to 5:30 p.m.
each working day.
(c) Hours worked. Except as otherwise noted in the remainder of this subsection, 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 Act (FMLA).
(d) Attendance requirements. Maintaining good attendance is a condition of employment and an
essential job function of every job.
(1) An employee will refrain from
a. Unauthorized absences or tardiness;
b. Abusing sick leave;
c. Absences or tardiness that causes significant disruption of service; and
d. Excessive amounts of time off the job, regardless of reason.
(2) An employee absent from the job without proper authorization for three consecutive
workdays may be considered to have resigned their position.
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(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 nonexempt employees must be approved in advance by the employee's supervisor.
This includes, but is not limited to:
(1) Work before or after regular work hours; or
(2) 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 noncompensated breaks should be at least 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, 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-45. - Alternative work schedules.
(a) Generally. Subject to operational requirements, regular fulltime 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 following restrictions apply to employee alternative work schedules
(1) The city may cancel or suspend an employee's alternative work schedule privileges at any
time, for any or no reason.
(2) Daily and weekly work schedules can be modified at the city's discretion to meet changing
operational needs.
(3) Approval of an alternate work schedule does not restrict employees from working more than
their scheduled work hours.
(4) 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.
(5) No alternate schedule will be approved that has the potential to unduly increase the city's
overtime pay liability.
(Ord. No. 06-11-69, § 1, 11-30-2006)
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Secs. 38-46-38-64. - Reserved.
DIVISION 3. - EMPLOYEE STATUS CHANGES
Sec. 38-65. - Policy statement.
Sec. 38-66. - Regulations: restrictions: compensation.
Sec. 38-67. - Promotions and demotions.
Sec. 38-68. - Reassignment.
Sec. 38-69. - Management reclassification.
Sec. 38-70. - Nepotism and conflicts of interest.
Secs. 38-71-38-89. - Reserved.
Sec. 38-65. - Policy statement.
Employees may undergo any number of changes in status and compensation resulting from their
performance or from promotion, demotion, reassignment, transfer, or changes in family relationships.
The purpose of this division is to identify and describe the more common of these changes.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-66. - Regulations; restrictions; compensation.
(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 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 division may occur while an employee is in a probationary period.
(d) Compensation. Status changes described in this division may affect compensation, based on
position classification.
(e) Effective dates. Except for temporary reassignments in emergency situations, status changes
described in this division can only be effective at the beginning of a pay period.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-67. - 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:
(1) The failure to meet minimum performance standards established for their position;
(2) Disciplinary action; or
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(3) Job elimination due to business necessity.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-68. - 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.
(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 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 his or her 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-69. - Management reclassification.
(a) 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-70. - Nepotism and conflicts of interest.
(a) Overview. When relatives, work within the same department, potential conflicts of interest can
arise. In order to prevent these conflicts, the city prohibits two or more relatives to be employed within
the same department.
(b) Options. To prevent conflicts when two or more relatives are employed within the same
department one of the following options shall be used:
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(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) Nonfraternization. Romantic or sexual relationships between a manager/supervisor and a direct
report employee can cause real or perceived conflicts of interest. In order to prevent these conflicts, the
city prohibits such relationships or any conduct that is intended or may reasonably be expected to lead
to the formation of a romantic or sexual relationship between a manager/supervisor and an employee in
a direct reporting relationship. This policy applies regardless of whether or not both parties freely
consent to such relationships.
(1) Should a manager desire to date or become involved with a direct report employee, the
manager should first resign from his or her position with the city.
(2) 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.
(3) By its prohibition of romantic and sexual relationships, the city does not intend to inhibit the
social interaction, such as lunches, dinners or attendance at entertainment events, that are or
should be an important part or extension of the working environment.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-71-38-89. - Reserved.
DIVISION 4. - HIRING AND SELECTION
Sec. 38-90. - Policy statement.
Sec. 38-91. - Nondiscrimination employment: selection criteria; minimum wage
Sec. 38-92. - Application process.
Sec. 38-93. - Selection.
Sec. 38-94. - Re-employment.
Sec. 39-95. - Probationary period.
Sec. 38-96. - Contract employment.
Sec. 38-97. - Other employment.
Secs. 38-98-38-116. - Reserved.
Sec. 38-90. - Policy statement.
(a) The city is committed to employ, in its best judgment, the best qualified candidates for approved
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positions while engaging in recruitment and selection practices that are in compliance with all
applicable employment laws. It is the city's policy to provide equal employment opportunity for all
employment to all applicants and employees.
(b) 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-91. - Nondiscrimination employment; selection criteria; minimum wage.
(a) Equal employment opportunity. The city 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:
(1)
Hiring;
(2)
Placement;
(3)
Promotion;
(4)
Termination;
(5)
Reduction in force;
(6)
Recall;
(7)
Transfers;
(8)
Leaves of absence;
(9)
Compensation; and
(10)
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 city's
policy to comply with all federal and state laws concerning the employment of persons with disabilities.
It is city'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 will provide reasonable accommodations to both employees and
members of the public, if so requested.
(c) Selection criteria. Selection for employment with the city 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:
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(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 nonhazardous.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-92. - Application process.
(a) Recruitment requests. Upon a vacancy, the department director should submit the position
requisition form to the human resources manager.
(1) Advertisement, contents. An advertisement will be published for every vacancy stating:
a. The position;
b. The minimum training requirements;
c. The salary range;
d. How to apply; and
e. The closing deadline for application submission.
(2) Duration. The advertisement will be published for a minimum of 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 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 is not limited to, one or more of the
following:
(1) Oral interviews;
(2) Evaluation of experience and training;
(3) Written basic skills test;
(4) Physical ability skills test;
(5) Driver history;
(6) Criminal history; and
(7) 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
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be taken against a current employee for an omission or falsification, up to and including termination.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-93. - Selection.
(a) Job-related criteria. Selection for employment with the city is based on job-related criteria that may
include, but is not limited to:
(1) Possession of the necessary knowledge, skills, abilities, training, education, licenses,
certifications and experience required for the position.
(2) Satisfactory results on performance tests and 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 article 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-94. - Re-employment.
(a) To be considered for re-employment, former employees must:
(1) Have demonstrated acceptable prior service with the city; and
(2) Meet the current minimum qualifications for the position for which they are applying.
(b) Rehired employees are subject to the conditions of employment and benefits of a newly hired
employee, except in cases specifically stated otherwise.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 39-95. - Probationary period.
(a) Application. Newly hired or rehired employees who are promoted, demoted, or transferred are
required to successfully complete a probationary period of not less than six 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 utilize 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 departmental training. Employees in a
probationary status are not eligible for reassignment, promotions or voluntary transfer, unless
specifically approved by the city manager. Employees in a probationary status do not have grievance or
Page 16 of 60
appeal rights to disciplinary action. Dismissal of an employee during the probabtionary period should be
coordinated with the human resources manager.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-96. - Contract employment.
(a) 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 use the following requisition process:
(1) Requests for contract personnel must be placed through the department of operations and
will be reviewed by both human resources and finance.
(2) Temporary assignments 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-97. - Other employment.
(a) 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 fulltime 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 article.
(b) Outside employment. Outside employment is subject to written approval by the department
director or his or her designee. A city employee may engage in any business, trade, occupation, or
profession that does not:
(1) Bring the city into disrepute.
(2) Reflect discredit upon the employee as an employee of the city.
(3) Interfere with the performance of the employee's city duties.
(4) Present a conflict of interest.
(5) Result in misuse of city property or funds.
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(6) Result in use of the city position for personal gain.
(7) Violate department policy or procedure.
(c) Dual city employment and 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 the secondary
employer has been in the last 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
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 his or her
designee before accepting any other employment or engaging in any other business. The
prescribed form should be used for permission as it gathers the pertinent information for review of
the request.
(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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-98-38-116. - Reserved.
DIVISION 5. - PERFORMANCE MANAGEMENT AND REVIEW
Page 18 of 60
Sec. 38-117. - Policy statement.
Sec. 38-118. - Performance review—Timing: discussions.
Sec. 38-119. - Same—Process.
Sec. 38-120. - Performance improvement plan (PIP).
Secs. 38-121-38-139. - Reserved.
Sec. 38-117. - Policy statement.
The job performance of all employees will be reviewed periodically to determine if salaries should be
adjusted, if job descriptions should be revised, or if jobs need to be reclassified. A periodic formal
performance review is intended to ensure that all employees:
(1) Are aware of what duties and responsibilities are expected;
(2) Understand the level of performance expected;
(3) Receive timely feedback about their performance;
(4) Have opportunities for education, training, and development;
(5) Are evaluated in a fair and consistent manner; and
(6) Have performance goals established.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-118. - Performance review—Timing; discussions.
(a) Timing. The performance of employees will be reviewed:
(1) Prior to completion of the probationary period after hiring, promotion, or reassignment.
(2) At least annually for all fulltime employees.
(3) Annual reviews will occur during the first month of the fiscal year for the review period of the
previous 12 months.
(b) Performance discussions. Interim reviews by the supervisor of an informal nature throughout the
year are encouraged in order to:
(1) Foster communication;
(2) Ensure common understanding of purpose; and
(3) Assist in detecting problems as they develop.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-119. - Same—Process.
(a) 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:
Page 19 of 60
(1) Identify the principal duties of the job and measured results of those duties during the review
period;
(2) Review the expectations of the level of performance and the measured results of meeting
those expectation during the review period;
(3) Define the results that recognize significant work or projects during the review period;
(4) Identify and address areas of employee development needs;
(5) Develop an action plan for training to improve or add skills; and
(6) 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. If an employee disagrees with the supervisor's assessment of their performance, the
employee may appeal in writing to the department director. The department director's, along with the
human resource manager's input, decision will be final.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-120. - Performance improvement plan (PIP).
(a) Appropriate use. 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) Contents. The PIP document should include:
(1) Statements of the specific deficiencies in the employee's performance;
(2) The improvement that is necessary;
(3) The period of time in which improvement must occur; and
(4) The action to be taken if the employee fails to show satisfactory improvement.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-121-38-139. - Reserved.
DIVISION 6. - TERMINATION OF EMPLOYEE STATUS
Sec. 38-140. - Policy statement.
Page 20 of 60
Sec. 38-141. - Resignation or retirement.
Sec. 38-142. - Reductions in force.
Secs. 38-143-38-161. - Reserved.
Sec. 38-140. - Policy statement.
(a) Employees leave the city workforce under various conditions that include:
(1) Retirement;
(2) Voluntary separation;
(3) Dismissal; or
(4) Reductions in force.
(b) Regardless of the reason, the end of employment shall be conducted in a discreet, respectful, and
efficient manner.
(c) Procedures may exist affecting the employees terminal pay and disciplinary action appeals.
Employees should make themselves aware of these procedures.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-141. - Resignation or retirement.
(a) Notice required.
(1) Resignation. An employee must submit a resignation to their department director at least two
weeks prior to the effective date of the resignation. The resignation notice should indicate the last
working day or shift with the city. Use of accrued sick or vacation leave during the notice period
will be prohibited and the failure to report to work during the notice period will be considered an
unauthorized absence. An employee may be permitted or requested to leave immediately. If the
employee is requested by the city to not work through the notice period, the employee will be paid
through the effective date of their resignation.
(2) Retirement. An employee must give written notice of intent to retire to their department
director as soon as possible but no less than 30 calendar days prior to the intended retirement
date. This notice is required in order to facilitate the timely processing of retirement benefits. The
resignation notice should indicate the last working day or shift with the city. In the case of
disability, the 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 rehire and timely receipt 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 deducted from the employee's final pay
Page 21 of 60
check.
(c) Pending disciplinary action. An employee whose resignation or retirement notice is tendered and
accepted after the initiation of a disciplinary action forfeits their right to appeal the disciplinary action.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-142. - Reductions in force.
The city reserves the right to separate employees due to lack of work or funding. The determination of
who is to be separated is within the city manager's sole discretion.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-143-38-161. - Reserved.
DIVISION 7. - USE OF CITY PROPERTY AND EQUIPMENT
Sec. 38-162. - Policy statement.
Sec. 38-163. - Authorization for use: inspection: loss or damages.
Sec. 38-164. - Vehicle use and operation.
Sec. 38-165. - Electronic communication systems.
Secs. 38-166-38-184. - Reserved.
Sec. 38-162. - Policy statement.
The city 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-163. - Authorization for use; inspection; loss or damages.
(a) Privacy. No employee shall have an expectation of privacy in any thing or item referenced in this
article. 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.
(b) Use of equipment. All equipment provided in the course of employment as well as the computer
and electronic communications system is the city government's property and may only be used for
approved purposes.
(c) Inspection of property. Employees may be assigned and authorized the use of city -owned
vehicles, lockers, desks, cabinets, computers, etc., for the convenience of the city and its employees.
Page 22 of 60
Management reserves the right to search city property assigned to employees and documents in
employee desks, lockers, file cabinets, etc.
(1) The city has the right to monitor any and all aspects of its computer and electronic
communication system including, but not limited to:
a. Monitoring sites visited by users on the Internet;
b. Reviewing material downloaded or uploaded by users to the Internet; and
c. Reviewing e-mail sent and received by users.
(2) Such monitoring may be conducted without prior notice.
(3) Use of the city's computer and electronic communication system automatically constitutes
consent to such monitoring.
(d) 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.
(e) Discipline. Repayment for loss or damage may be required under this article in addition to, or in
lieu of, disciplinary action. Required repayment under this article 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-164. - Vehicle use and operation.
(a) Business use. Except as specified in this article, 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
transportation to and from work. This "take home" provision, if granted, shall only apply to employees
living within a 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
the proper repair and maintenance may result in the revocation of the assignment. All vehicle
assignments are subject to recall at any time.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-165. - Electronic communication systems.
(a) Definitions. The term "electronic communication systems" means the 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 city's
property.
Page 23 of 60
(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; and
(4) Violate any other provision of this policy or any other policy, guideline, or standard of the city.
(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:
(1) Sending chain letters;
(2) Sending copies of documents, messages, software, or other materials in violation of
copyright laws;
(3) Compromising the city's integrity and its business in any way; and
(4) The advertisement of personal business or conducting personal business activities.
(e) Misuse of software. Users who become aware of any misuse of software or violation of copyright
law should immediately report the incident to the IT manager. Files obtained from sources outside the
city, include 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 noncity sources without first scanning the material
with city -approved virus checking software. If a user suspects that a virus has been introduced into the
city's network, they should notify the IT manager immediately. Without prior written authorization from
the IT manager, users may not do any of the following:
(1) Copy software for use on their home computers or to other computers;
(2) Provide copies of software to any independent contractors of the city or to any third person;
Page 24 of 60
(3) Install software on any of the city's workstations or servers;
(4) Download any software from the Internet or other online service to any of the city's
workstations or servers;
(5) Modify, revise, transform, recast, or adapt any software;
(6) Reverse -engineer, dissemble, or decompile any software;
(7) (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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-166-38-184. - Reserved.
DIVISION 8. - SAFETY AND ACCIDENT REPORTING
Sec. 38-185.
- Policy statement.
Sec. 38-186.
- Responsibility to report.
Sec. 38-187.
- Personal protective equipment.
Sec. 38-188.
- Operation of vehicles.
Sec. 38-189. - Accident involvement.
Secs. 38-190-38-208.
- Reserved.
Sec. 38-185. - Policy statement.
The city 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-186. - Responsibility to report.
(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 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;
Page 25 of 60
(3) Attend scheduled safety meetings and activities; and
(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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-187. - 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-188. - Operation of vehicles.
(a) Vehicle operator qualifications. In order to operate a city -owned vehicle in the course of business,
an employee must:
(1) Be at least 18 years of age;
(2) Have a valid state 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 24 -month period:
a. The public safety director or his or her 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 nondriving positions or
nondriving duties until their 24 -month record reflects and acceptable driving history. If a
nondriving 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
Page 26 of 60
responsible for the 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.
(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 the failure to
comply with the driver qualifications outlined in this article, precludes that employee from 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 nondriving 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
article.
(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 nonwork hours.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-189. - 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;
Page 27 of 60
(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 noncity personnel subsequent to
the accident. This does not prohibit cooperation with law enforcement investigations outside the
city's jurisdiction; and
(8) Submit to all requested post -accident testing as directed by the supervisor or other city
management representative.
(c) Administrative accident investigation. The supervisor or other designated employees will conduct
an administrative investigation into the circumstances 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 tests. An employee who is involved in a reportable accident may be required to
undergo examinations and tests as specified in the performance of duty standards and substance
abuse testing sections in article IV, division 5 of this chapter.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-190-38-208. - Reserved.
ARTICLE III. - COMPENSATION AND BENEFITS
DIVISION 1. - GENERALLY
DIVISION 2. - PAY SYSTEM
DIVISION 3. - EMPLOYEE BENEFITS; TYPES OF LEAVE
DIVISION 4. - GROUP BENEFIT PLAN
DIVISION 1. - GENERALLY
Sec. 38-209. - Policy statement.
Secs. 38-210-38-228. - Reserved.
Page 28 of 60
Sec. 38-209. - Policy statement.
(a) The city'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:
(1) Pay employees based on what their job is worth;
(2) Ensure they appropriately move through the salary range for their classification; and
(3) Recognize performance through merit pay, where applicable.
(b) The pay plan is designed to comply with federal and state law, including the Fair Labor Standard
Act (FLSA).
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-210-38-228. - Reserved.
DIVISION 2. - PAY SYSTEM
Sec. 38-229. - Pay period.
Sec. 38-230. - Direct deposit encouraged.
Sec. 38-231. - Type of pay other than base rate.
Sec. 38-232. - Compensation plan.
Sec. 38-233. - Changes in sala!y.
Secs. 38-234-38-252. - Reserved.
Sec. 38-229. - 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-230. - Direct deposit encouraged.
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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-231. - Type of pay other than base rate.
(a) Overtime pay; defined. Overtime work is work performed by a qualified employee which exceeds
the regular work week, as defined in the Fair Labor Standards Act (FLSA).
Page 29 of 60
(1) The FLSA standard for:
a. Nonpublic safety employees is a 40 -hour workweek;
b. Police shift employees, an 86 -hour bi-weekly work period; and
C. Fire shift employees, a 106 -hour bi-weekly work period.
(2) Compensation for overtime hours shall be at 1'/2 times for hours worked in excess of the
defined work period.
(3) Vacation and sick leave will not be considered as hours worked for overtime computation
purposes.
(b) On-call status. Some operational divisions in the city may designate nonexempt 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:
(1) 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. Employees in a restricted on-call basis will be paid two hours at the overtime rate
per on-call rotation.
(2) 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.
(c) Callback; defined, pay. The term "callback" means there is an emergency or after-hours service
need for which an employee reports to work as a result. The term "callback" does not include additional
hours of work scheduled in advance.
(1) An employee responding to a callback will be paid the greater of two hours or the actual time
worked on the callback assignment at their overtime rate.
(2) Travel time is included in the calculation of callback hours.
(3) Exempt employees are not eligible for callback compensation.
(d) Acting status pay. Employees who are temporarily reassigned 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.
(e) 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.
(f) Final pay. Upon the end of employment, employees will be paid at their base rate for accrued
vacation leave hours up to a maximum of 240 hours. Employees with less than six months active
fulltime service or employees within their initial hire probationary period are not eligible for pay -out of
any accrued vacation or sick leave time.
Page 30 of 60
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-232. - 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.
(b) Administration. The primary responsibility for the 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:
a. Examine the nature of the positions as they are created and to allocate them to an
existing grade in conformity with this section;
b. Make such changes as are necessary in the duties and responsibilities of existing
positions;
c. Develop forms;
d. Provide vital information when deemed necessary to determine the proper grade
classification of each position;
e. Periodically review the entire classification and pay plan; and
f. 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 and pay plan. The pay plan is to be used:
(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
Page 31 of 60
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 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 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 the 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 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-233. - Changes in salary.
(a) Performance reviews. As outlined in article II of this chapter, regular employees will receive an
annual performance review the first month of each fiscal year, evaluating performance for the previous
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 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 percent of the
position pay grade, then their salary upon demotion will be 35 percent of the pay grade in which
Page 32 of 60
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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-234-38-252. - Reserved.
DIVISION 3. - EMPLOYEE BENEFITS; TYPES OF LEAVE
Sec. 38-253. - Policy statement.
Sec. 38-254. - Overview of requirements and restrictions.
Sec. 38-255. - Vacation leave.
Sec. 38-256. - Sick leave.
Sec. 38-257. - Other types of leave.
Sec. 38-258. - Holidays.
Secs. 38-259-38-277. - Reserved.
Sec. 38-253. - Policy statement.
The city believes that employees should have the opportunity to enjoy time away from work to help
balance their work and personal lives. City management recognizes that employees have diverse
needs for time off from work. Because of this, the city has established leave practices to address the
balance as well as to protect the financial well being of employees during certain absences from work.
Employees are accountable and reasonable 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-254. - Overview of requirements and restrictions.
(a) Generally. 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;
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(4) Employees who are rehired 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) Nonexempt employees shall record paid leave in quarter-hour increments; and
(7) Exempt employees shall record paid leave in whole -day increments.
(b) Unpaid leave status. Unpaid leave will not be denied 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 a 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 a 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 article.
(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 collection, etc.) will be required to take a minimum of five consecutive
vacation days per year. In addition, an alternate employee must be trained to perform those functions
during the absence of the vacationing employee.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-255. - Vacation leave.
(a) Eligibility. It is the city's policy 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 fulltime, police and fire shift employees, and regular parttime 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) 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, the term "years of service" means any job-related experience that is directly
related to the employee's job description
(2) Employees hired after June 30, 2007, will accrue vacation hours based on their hire date with
the city.
(Page 34 of 60
(3) 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.
Years of Service
Hours Per Biweekly
Pay Period
Hours/Year
Days/Year
Regular Fulltime Employees
Up to 1 year
3.7
96
12
1-4 years
5.54
144
18
5-9 years
6.46
168
21
10-14 years
7.4
192
24
15 or more
1 9.23
240
30
Regular Parttime Em to
ees
Up to 1 year
1.85
48
6
1-4 years
2.77
72
9
5-9 years
3.23
84
10.5
10-14 years
3.7
96
12
15 or more
4.6
120
15
Fire Shift Employees
Up to 1 year
11.08
288
12
1-4 years
16.62
432
18
5-9 years
19.38
504
21
10-14 years
14.77
384
24
15 or more 1
27.69
720
30
Police Shift Employees
Up to 1 year
5.54
144
12
1-4 years
8.31
216
18
5-9 years
9.69
252
21
10-14 ears
11.08
288
24
15 or more 1
13.85
360
30
(c) Use and scheduling.
(1) Whenever possible, employees will be allowed to take vacation at times most convenient to
them. However, in order to ensure the continued smooth operation and maintain a high level of
quality in the delivery of service to the citizens of the city, 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 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;
Page 35 of 60
(3) Eligible employees will be allowed to carry over vacation hours from one calendar year to the
next according the following table. On December 31 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.
Maximum Vacation Hours Carry Over Per Year
Page 36 of 60
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(Ord, No, 06-11-69, § 1, 11-30-2006)
Sec. 38-256. - Sick leave.
(a) Eligibility. It is the city's policy 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 fulltime, police and fire shift employees, and regular parttime 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) 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 Bi -weekly
Hours/Year
Days/Year
Regular parttime
employees
Pay Period
26
6.5
Regular fulltime
employees
2
52
6.5
Regular parttime
employees
1
26
6.5
Fire shift employees
6
156
6.5
Police shift employees
3
78
6.5
(2) Eligible employees will be allowed to carry over sick hours from one calendar year to the next
according the following table. On December 31 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.
Maximum Sick Leave Hours Carry Over
Page 37 of 60
Per Year
Page 38 of 60
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Page 38 of 60
(c) Use. Sick leave may be used for appointments for medical or dental examinations or treatment
when such appointments cannot be reasonably scheduled during nonworking hours. Examination
appointments must be approved at least one work day in advance, by the department. Sick leave can
also be used for unplanned sick absences. In unplanned circumstances, an employee should make
every attempt to report to their supervisor within 30 minutes of the scheduled starting time the reason
for absence. Police officers must report sick leave at least four hours and firefighters at least two 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-257. - Other types of leave.
(a) Bereavement. Employees may be granted as follows:
(1) Employees may be granted up to four workdays of bereavement leave with pay upon the
death of a member of the employee's immediate family. For bereavement purposes, the term
"immediate family" means:
a. Parent;
b. Spouse;
c. Child;
d. Brother;
e. Sister;
f. Parent -in-law;
g. Grandparents;
h. Son-in-law;
i. Daughter-in-law;
j. Grandchild;
k. Stepparents; and
I. Stepchildren.
(2) The three 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 three bereavement days do not have to be taken simultaneously.
(b) Civil.
Page 39 of 60
(1) Jury duty. All regular fulltime 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 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. 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. The federal Family Medical Leave Act (FMLA) provides for a family and medical
leave of absence. The term "family and medical leave absence" means an approved absence available
to eligible employees for up to 12 weeks of paid or unpaid leave in any 12 -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 for at
least 12 months and must have worked at least 1,250 hours during the 12 -month period prior to
the request for leave.
(2) Use. 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.
a. 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 of the
city's employees and restoring employment of the employee would result in substantial
economic injury to the city.
b. 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 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.
Page 40 of 60
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 parttime
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.
a. Any employees granted an approved leave of absence under this policy may continue
their group insurance coverage by arranging to pay their portion of the premium contributions
during the period of unpaid absence.
b. Employees will be required to continue to pay their share of group health benefit costs
during a period of leave under the law.
c. 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.
(7) Procedures. Employees must follow specific procedures to request a family or medical leave.
These procedures are as follows:
a. Complete the request for a family medical leave of absence form, available from the
human resources manager.
b. The form must be signed by the employee and submitted to his or her department
management. The department will then submit the approved form to the department director.
When possible, the form should be submitted by the employee 30 days in advance of the
effective date of the leave.
C. Employees requesting family and medical leaves of absence due to illness must
complete a leave certification requirements form.
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;
Page 41 of 60
2. The probable duration of the condition;
3. The appropriate medical facts regarding the condition;
4. An estimate of the time needed to care for the individual involved, including any
recurring medical treatment; and
5. 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:
1. The date on which the condition commenced;
2. The probable duration of the condition;
3. The appropriate medical facts regarding the condition; and
4. 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; and
2. For leave to care for a son, daughter, spouse or parent, the employee must
provide a statement attesting to the necessity of intermittent or reduced leave for the
employee to provide care or to assist in the person's recovery, and an estimate of the
expected duration and schedule of their intermittent or reduced leave.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-258. - Holidays.
(a) The city observes the following holidays:
New Year's Day;
Martin Luther King's Day;
President's Day;
Memorial Day;
Independence Day;
Labor Day;
Page 42 of 60
Veterans Day;
Thanksgiving Day;
Day after Thanksgiving;
Christmas Day;
Floating holiday: assigned by city manager;
Floating holiday: employee's birthday.
(b) 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.
(c) A nonexempt employee who is required to work on an official city holiday will be paid at the
overtime rate for the holiday hours worked. 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-259-38-277. - Reserved.
DIVISION 4. - GROUP BENEFIT PLAN
Sec. 38-278. - Policy statement.
Sec. 38-279. - Administration; eligibility: continuation of benefits.
Sec. 38-280. - Benefits offered.
Secs. 38-281-38-299. - Reserved.
Sec. 38-278. - Policy statement.
(a) It is the city's policy 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.
(b) Brief summaries of benefits are highlighted in this division with an attachment in the appendix to
the ordinance from which this article is derived detailing each benefit. While overall benefit changes will
require approval of a new policy division, 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. (A copy of
the appendix may be obtained from the department.)
(Ord. No. 06-11-69, § 1, 11-30-2006)
Page 43 of 60
Sec. 38-279. - Administration; eligibility; continuation of benefits
(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.
(b) Eligibility.
(1) Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement
shall include regular fulltime, police and fire shift employees.
(2) All employees, elected officials and police and fire volunteers shall be covered by worker's
compensation and have access to the employee assistance program.
(c) Benefits continuation. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA)
gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage
under the city's health plan when a qualifying event would normally result in the loss of eligibility. Some
common qualifying events are:
(1) Resignation, termination of employment, or death of an employee.
(2) A reduction in an employee's hours or a leave of absence.
(3) An employee's divorce or legal separation.
(4) Marriage or the birth or adoption of a child.
(5) A dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the city'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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-280. - Benefits offered.
(a) Health insurance package. The city 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
Page 44 of 60
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.
(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 employee wishes to seek reimbursement. An
employee who takes an approved course may be reimbursed 100 percent up to a maximum of
$3,000.00 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. Employees shall submit proof of tuition payment, other receipts eligible for
reimbursement and a copy of their grades to the human resources manager within ten days after
receiving their grades. The city reserves the right to recoup any reimbursement given within 90
days of the end of employment.
(e) Worker's compensation. All employees and elected officials are covered under the city's worker's
compensation policy. All workers' compensation claims must be managed by the human resources
manager. An employee who is eligible for worker's compensation due to a job related injury, is entitled
to 662/3 of their gross wages while they are disabled up to a maximum weekly compensation set by
law. The first seven days of disability are not reimbursable unless the employee is disabled more than
14 days.
(1) More than 14 days. If the employee is disabled more than 14 days, the first seven days are
usually paid at the end of the disability period. An employee may use accrued leave to supplement
worker's compensation payments.
(2) Hazardous duty assignment. An employee determined injured in a hazardous duty
assignment will be eligible to receive pay to supplement the worker's compensation benefits to a
maximum of their full salary for a period not to exceed six months. This supplemental pay will
begin immediately upon the hazardous duty injury.
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(f) Employee assistance program (EAP). The city 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 city's intent 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-281-38-299. - Reserved.
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 1. - GENERALLY
DIVISION 2. - DISCIPLINE
DIVISION 3. - GRIEVANCES
DIVISION 4. - WORKPLACE DISCRIMINATION AND HARASSMENT
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
DIVISION 1. - GENERALLY
Sec. 38-300. - Policy statement.
Sec. 38-301. - Standards for conduct.
Sec. 38-302. - Attention/dereliction to duty.
Sec. 38-303. - Competence judgment and supervision.
Sec. 38-304. - Health fitness.
Sec. 38-305. - Absences and reporting.
Sec. 38-306. - Response.
Sec. 38-307. - Professional conduct.
Sec. 38-308. - Other standards.
Secs. 38-309-38-327. - Reserved.
Sec. 38-300. - Policy statement.
(a) All employees are expected to maintain acceptable standards of conduct, efficiency, and economy
in the performance of their work. All employees are expected to maintain minimum standards of
conduct both on and off duty in order to:
(1) Promote impartial, objective and effective performance of their duties.
(2) Avoid activities that are adverse to the city's interest or adversely affect the city's reputation.
(3) Ensure safe and efficient operations.
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(4) Encourage a high degree of confidence in and support for city operations.
(b) 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
chapter and other standards may be established and published by departments as operations deem
necessary.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-301. - Standards for conduct.
(a) Conformance to law. An employee shall obey and not engage in any conduct prohibited by the
laws of the United States, the state, 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 city's rules and regulations.
(c) Ethics. All employees shall conform to the ethical standards of conduct as outlined in this Code.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-302. - Attention/dereliction to duty.
(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:
(1) Timely, promptly and without undue delay;
(2) Without unnecessary supervision;
(3) Ensuring they are engaged productively at all times or as directed;
(4) Demonstrating appropriate initiative and dependability in the quality, volume, and
prioritization of job duties.
(b) Insubordination. An employee shall adhere and execute any and all lawful orders of a supervisor,
including those relayed from a supervisor through another employee. A lawful order is any order in
keeping with the performance of any duty, issued either verbally or in writing by the department director
or any other supervisor, direct or indirect. The term "insubordinate" means:
(1) The willful disobedience of any order lawfully issued by a supervisor; or
(2) Any mutinous, insolent, or abusive language or conduct toward a supervisor.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-303. - 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
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city's functions and objectives.
(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
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-304. - 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 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 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 his or her ability to perform essential job functions shall report the condition immediately to
the department director.
(e) Status during evaluation. Pending completion of the health fitness evaluation, the employee may
be:
(1) Required to use accrued leave;
(2) Placed in an unpaid leave status; or
(3) Temporarily reassigned.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-305. - Absences and reporting.
(a) Unauthorized absence. No employee shall be absent without authorization. The term
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"unauthorized absence" includes:
(1) The failure to report for work at the assigned time and place; or
(2) Leaving a place of duty or assignment without permission.
(b) 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.
(c) Reporting absence. An employee who cannot report to work due to illness or emergency shall
notify the immediate supervisor within the time limits established by the department director.
(d) Fictitious reporting. Employees are responsible for immediately reporting the suspected violation
of this policy. Employees are 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-306. - 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
to the ordinance from which this article is derived (a copy of which may be obtained from the
department).
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-307. - 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.
(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. The term "unbecoming conduct"
includes acts that tend to:
(1) Bring the city into disrepute;
(2) Discredit the employee; or
(3) Impair the operation of the city or employee.
(c) Unprofessional conduct. An employee shall at all times refrain from voicing or displaying any
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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 their
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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-308. - 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 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-309-38-327. - Reserved.
DIVISION 2. - DISCIPLINE
Sec. 38-328. - Policy statement.
Sec. 38-329. - Disciplinary actions.
Secs. 38-330-38-348. - Reserved.
Sec. 38-328. - Policy statement.
(a) The city believes that each employee wants to provide quality public service by meeting high
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standards of job performance and conduct and by following established policies, procedures,
regulations, and practices.
(b) 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.
(c) When an employee's conduct results in deficiencies in job performance or violations of law, city
regulations or rules, it is the city's policy to take appropriate action to improve and 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-329. - Disciplinary actions.
(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:
(1) Type and severity of the infraction;
(2) The results of the infraction;
(3) The employee's work record;
(4) Prior disciplinary actions; and
(5) Any mitigating circumstances which may be relevant to the situation.
(b) Format and location of actions. All disciplinary action should be documented in writing. Disciplinary
actions will be maintained as noted in the discipline options table contained in subsection (e) of this
section. 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.
(e) Disciplinary options.
Ste
Use I Response/Appeal
Page 51 of 60
Page 52 of 60
Counseling
An informal
No appeal.
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
de artment.
Oral
An oral
No appeal.
reprimand
warning/instructs
on 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
de artment.
Written
A written
Employee has five days to appeal to the department director. Final
reprimand
warning/admoni
decision rests with the department director.
shment from the
Page 52 of 60
Page 53 of 60
supervisor to
the employee
about the need
to improve
performance or
about a rule
violation.
Documents kept
in human
resources.
Suspension
Relief from duty
Employee has five days to appeal to the department director. After
for a specified
the department director's decision, the employee has five day to
amount of time.
appeal to the city manager. The final decision rests with the city
manager.
Requires
coordination
with human
resources and
the city
attorney.
Documents kept
in the
de artment.
Demotion
Reduction in
Employee has five days to appeal to the department director. After
rank or
the department director's decision, the employee has five day to
classification
appeal to the city manager. The final decision rests with the city
consistent with
manager.
deficiency of the
violation. This is
not an option for
probationary
employees.
Requires
coordination
with human
resources and
the city
attorney.
Documents kept
in the
department.
Dismissal
Involuntary
Employee has five days to appeal to the department director. After
separation of
the department director's decision, the employee has five day to
employee from
appeal to the city manager. The final decision rests with the city
city
manager. Probationary employees do not have appeal rights to
Page 53 of 60
employment. dismissal.
Requires
coordination
with human
resources and
the city
attorney.
Documents kept
in the
de artment.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-330-38-348. - Reserved.
DIVISION 3. - GRIEVANCES
Sec. 38-349. - Policy statement.
Sec. 38-350. - Scope of process: statement information
Sec. 38-351. - Steps.
Secs. 38-352-38-370. - Reserved.
Sec. 38-349. - Policy statement.
(a) The city 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.
(b) 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-350. - Scope of process; statement information.
(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
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other means of response, review, appeal or resolution for is provided in this chapter. Grounds for
submission of a grievance include:
(1) Dissatisfaction with working environment;
(2) Unfair application, interpretation or violation of city or department regulations; and
(3) Acts of retaliation as a result of utilization of the grievance process.
(b) Statement of grievance. At each step in the process, the written grievance must include the
following:
(1) A statement of the grievance and the facts upon which it is based;
(2) A description of the specific wrongful act and harm done to the grieving employee; and
(3) A statement of the remedy or adjustment sought.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-351. - 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 working days of the incident or when the employee became
knowledgeable of the incident. The department director will attempt to resolve the matter and submit a
written response to the employee within five working days after receipt.
(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 working days of receiving
the response, present the written grievance to the city manager. Within ten days of receipt of the
grievance, the city manager or his or her designee will investigate the grievance and respond in writing
to the employee. The city manager's decision is final.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-352-38-370. - Reserved.
DIVISION 4. - WORKPLACE DISCRIMINATION AND HARASSMENT
Sec. 38-371. - Policy statement.
Sec. 38-372. - Sexual harassment.
Secs. 38-373-38-391. - Reserved.
Sec. 38-371. - Policy statement.
It is the city's policy that harassment and discrimination of any kind will not be tolerated and
complainants will be protected from reprisal. Employees and nonemployees are encouraged to come
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forward confidentially to discuss any situation that they deem inappropriate. The city 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 employees
to perform their expected job duties is absolutely not tolerated.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-372. - Sexual harassment.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
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.
Other unlawful harassment, according to the EEOC, means verbal or physical conduct that denigrates
or shows hostility or aversion toward an individual because of his or her race, color, religion, gender,
national origin, age, sexual preference or disability, or that of his or her relatives, friends, or employees,
and that:
(1) Has the purpose or effect of creating an intimidating, hostile, or offensive working
environment;
(2) Has the purpose or effect of unreasonably interfering with an individual's work performance;
or
(3) Otherwise adversely affects an individual's employment opportunities.
Prohibited behavior includes:
(1) Unwelcome sexual remarks or compliments;
(2) Sexual jokes;
(3) Sexual innuendo or propositions;
(4) Sexually suggestive gestures or facial expressions;
(5) Sexual remarks about a person's clothing or body;
(6) Exhibiting sexually explicit publications or materials;
(7) Kissing;
(8) Touching; and
(9) Sexual contact.
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.
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Sexual harassment, according to the Equal Employment Opportunity Commission (EEOC), means
unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a
sexual nature constitutes 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) Complaint procedure and investigation.
(1) If any person feels 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
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.
(2) 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.
(c) Corrective action.
(1) If management concludes that a complaint of harassment has merit, appropriate action will
be taken. Resolutions can include, but are not limited to:
a. An apology;
b. Transfer;
C. Direction to stop the offensive behavior;
d. Counseling or training;
e. Verbal or written warning;
f. Suspension with or without pay; or
g. Termination.
(2) In the event that harassment or offensive behavior reoccurs, it should immediately be
Page 57 of 60
reported to the human resources manager or to the director of operations.
(3) Employees may be subject to disciplinary action up to and including termination.
(4) Nonemployees may be reported to the appropriate law enforcement agency and barred from
the premises.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-373-38-391. - Reserved.
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Sec. 38-392. - Policy statement.
Sec. 38-393. - Application.
Sec. 38-394. - Violation.
Sec. 38-395. - Refusal to submit.
Sec. 38-396. - Prescription medication
Sec. 38-392. - Policy statement.
(a) 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.
(b) Employees are also prohibited from using, possessing, manufacturing, distributing, or making
arrangements to distribute unlawful drugs or alcohol while:
(1) At work;
(2) Off-site at training or meetings;
(3) On city or customer property, including in personal vehicles onsite;
(4) During lunch or breaks; or
(5) In city vehicles.
(c) 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-393. - Application.
(a) To enforce the policy stated in section 38-392, the city may, at any time where lawful, require as a
condition of employment and continued employment, any employee to submit to a physical examination
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:
Page 58 of 60
(1) When the city has a reasonable suspicion that an employee has violated the drug and
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.
(b) The city may conduct alcohol 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-394. - Violation.
Violation of these rules will result in a disciplinary action, including the immediate discharge of current
employees or disqualification of an applicant. Violations include, but are not 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-395. - 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.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-396. - Prescription medication.
(a) 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.
(b) 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
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physician.
(c) No employee may take another person's medication.
(d) The law treats the abuse of prescription medication as unlawful drug use.
(Ord. No. 06-11-69, § 1, 11-30-2006)
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