ALBANY AUTHORITY POLICIES AND PROCEDURES OPERATIONS MANUAL

ALBANY PARKING AUTHORITY BOARD OF DIRECTORS

CHAIR KEVIN O’CONNOR VICE CHAIR JEFF SPERRY SECRETARY BETH LACEY TREASURER CHRIS BURKE ASST SECRETARY/TREASURER BILL PETTIT III

EXECUTIVE DIRECTOR MATTHEW PETER

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

Table of Contents

Page No.

1. EMPLOYMENT ...... 1 2. PAY PERIODS ...... 2 3. WORKING HOURS ...... 2 4. OVERTIME COMPENSATION ...... 2 5. ATTENDANCE ...... 4 6. HOLIDAYS ...... 4 7. VACATION LEAVE ...... 5 8. SICK LEAVE ...... 5 9. MISCELLANEOUS LEAVE ...... 6 10. FAMILY AND MEDICAL LEAVE POLICY ...... 7 11. BENEFITS AND SERVICES ...... 10 12. DISCIPLINARY ACTION ...... 11 13. GRIEVANCES ...... 12 14. PERSONAL HISTORY ...... 13 15. DRUG-FREE WORKPLACE POLICY ...... 13 16. DISCRIMINATORY HARASSMENT POLICY ...... 14 17. WORKPLACE SMOKING POLICY ...... 17 18. WORKPLACE CONDUCT POLICY ...... 18 19. CODE OF CONDUCT ...... 18 20. PUBLIC COMMUNICATIONS ...... 20 21. REVENUE CONTROL POLICY ...... 21 22. SECURITY ...... 21 23. WORKPLACE VIOLENCE PREVENTION PROGRAM ...... 22 24. CARE AND USE OF PROPERTY ...... 25 25. SAFETY POLICY ...... 26 25. UNIFORMS ...... 26 27. CHAIN OF COMMAND ...... 27 28. COMPUTER/ELECTRONIC DEVICES/TELEPHONE USE POLICY…………………….…27 29. TUITION ASSISTANCE POLICY…………………………………….…………………….…30 30. PARENTAL LEAVE POLICY……………………………………………………………… …31

APPENDIX

FORM A - DISCRIMINATORY HARASSMENT COMPLAINT FORM ...... 34 FORM B - NOTICE OF WITHDRAWAL OF COMPLAINT OF DISCRIMINATORY HARASSMENT ...... 35 FORM C - NOTICE OF RESOLUTION OF COMPLAINT OF DISCRIMINATORY HARASSMENT…………………………………………………...36 FORM D - NOTICE OF APPEAL OF DECISION OF THE MANAGER……………………….…..37 FORM E - WORKPLACE VIOLENCE PREVENTION PROGRAM ACKNOWLEDGEMENT………………………………………………………………...38

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

INTRODUCTION

Statement of Purpose

The purpose of this Policies and Procedures Operations Manual (the “Manual”) is to communicate the Authority’s personnel policies and practices to all employees. It is extremely important that each employee understand the policies that relate to rules, regulations, procedures, practices, work standards, employment classifications, compensation, and benefits. This Policies and Procedures Operations Manual is not a contract of employment, express or implied, and should not be construed as such. That is, employment can be terminated at any time at the will of either the employer or the employee, subject only to such procedural requirements as may be specified pursuant to New York State Civil Service Law, an applicable collective bargaining agreement, or any other applicable law, rule, or regulation.

Changes or Modifications

This Manual is subject to alteration by resolutions of the Albany Parking Authority Board of Directors, changes in Federal, State or local statutes, rules, or regulations. (This is not meant to be a comprehensive list).

Statutes, Laws and Ordinances

In the event a Federal or State statute or ordinance should conflict with any provision contained in this Manual, then such statute, law or ordinance will prevail.

Collective Bargaining Agreements

If a provision of this Manual conflicts with a provision of a collective bargaining agreement (sometimes referred to as “CBA”), the collective bargaining agreement shall govern.

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

ALBANY PARKING AUTHORITY ORGANIZATION CHART

Mayor & Common Council

Parking Authority Board of Directors

Counsel

Executive Director (1)

Executive Assistant (1)

Director Director Director of of of Administration Operations Enforcement (1) (1) (1)

HR Office Facilities Manager Administrative Administrator Administrator (1) Assistant (1) (1) (1)

Customer Service Assistant Parking Representative II Facilities Manager Enforcement Officers (1) (1) & Aides (18)

Customer Service Customer Service Representative II & III Representative I (3) (8 FTE)

Total Employees: 40 FTE as of July 2016

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

ALBANY PARKING AUTHORITY

POLICIES AND PROCEDURES OPERATIONS MANUAL ACKNOWLEDGMENT OF RECEIPT

I hereby acknowledge that I have received a copy of the Albany Parking Authority (the “Authority” or “APA”) Policies and Procedures Operations Manual (the “Manual”). I further acknowledge that I have read, or will read, the contents of the Manual and will contact the Executive Director or designee if I have any questions.

I understand that the Manual is not meant to create a contract of employment, nor should it be construed as creating a contract of employment and that the Authority reserves the right to interpret, change or modify any section of the Manual at any time.

I agree to abide by the personnel policies, procedures, rules and regulations outlined in the Manual.

I understand that this Manual and the changes contained herein are intended to supersede all prior manuals and guidelines issued by the Authority.

I understand that, if I am covered by a collective bargaining agreement between the Authority and an employee organization as defined by the Public Employees' Fair Employment Act, in the event an expressed and explicit provision set forth in a collective bargaining agreement should conflict with an employee benefit, personnel policy, personnel procedure, or other provision set forth in the Manual, the expressed and explicit provision of the collective bargaining agreement will control. Otherwise, unless expressly excluded herein, the Manual is applicable to all employees.

______Employee name (please print)

______Employee Signature

______Date of Signature

______Authority Representative Signature

______Date of Signature

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

1. EMPLOYMENT

1.1 Appointment - Appointment of employees in non-competitive or unclassified positions shall be based on the needs of the Authority, and on the qualifications and experience of job candidates in accordance with New York State Civil Service Law. All competitive classified positions are subject to City Civil Service rules regarding appointment.

1.2 Promotion - Promotion of employees in non-competitive or unclassified positions shall be based on the personnel needs of the Authority, on the qualifications and experience of candidates and on individual merit. All competitive classified positions are subject to City Civil Service rules regarding promotion.

1.3 Equal Opportunity - Authority policy is to promote equal opportunity and to prohibit discrimination based on age, race, creed, religion, color, national origin, sex, marital status, or disability and any other class protected by state and/or federal law.

1.4 Vacancies - Vacancies will only be filled in accordance with annual budget provisions and scheduling coverage requirements.

1.5 Probationary Period - Employees appointed in non-competitive or unclassified positions on a permanent or provisional basis will be informed of the specific terms of the appointment by the Executive Director at the time of hire or promotion. All employees are subject to a ninety-day (90-day) probationary period upon original appointment or upon promotion to a new position. During the probationary period, work performance will be evaluated by the immediate supervisor who will advise the employee of progress. The supervisor will, prior to expiration of the probationary period, recommend retention or termination of a new employee to the Director of Operations. The Director of Operations will, prior to expiration of the probationary period, recommend retention or demotion of a promoted employee to the Executive Director. Probationary periods may be extended for absences during the time allowed. All competitive classified positions are controlled by City Civil Service rules as to minimum and maximum probation periods (Rule XIV).

1.6 Layoffs - The Executive Director, in consultation with the Authority Board of Directors, may terminate an employee(s) for financial/budgetary reasons. All layoffs will be made in accordance with Civil Service Law and rules of New York State or the City of Albany, as applicable.

1.7 Discipline - The Executive Director, in consultation with the Authority Board of Directors, may discipline employee(s), in accordance with applicable law or rules. Unionized employees have those rights as detailed in the applicable Collective Bargaining Agreement.

1.8 Insubordination - Insubordination to a supervisor providing work instructions will not be tolerated and may be cause for disciplinary action, including termination.

1.9 Full Time and Part Time Employment - Full time employees are those who have a regular work schedule of at least thirty (30) hours per week. All other employees are considered part time employees.

1.10 Courtesy - The Authority is a public corporation and sets a high standard for greeting and dealing with the patrons of its facilities. Customers are always to be treated with courtesy and respect. Failure to be courteous in public transactions may be cause for disciplinary action, including termination.

1.11 Supervision - Supervisors are responsible for assigning and directing work of employees. It is the responsibility of the supervisor to observe that work is performed correctly and that all operating procedures are followed.

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

1.12 Employee Grievances – Employees who have questions, complaints, grievances and problems must first bring the issues, in writing, to the attention of their immediate supervisor for discussion. Unresolved matters may be submitted in writing to the next level supervisor. All unionized employees are subject to the grievance procedure outlined in their collective bargaining agreement.

2. PAY PERIODS

2.1 Positions - An Organization Chart, which follows the Introduction at the front of this Manual, shows the chain of command for Authority positions. The positions include: Executive Director, Director of Administration, Director of Operations, Director of Enforcement, Executive Assistant to the Executive Director, Facilities Manager, Assistant Facilities Manager, PSO Supervisor, HR Administrator, Office Administrator, Customer Service Representatives I, II, III, Public Service Officers and Traffic Safety Aides.

2.2 Pay Period and Frequency - All employees of the Authority are paid weekly in arrears. Hourly employees are required to personally validate their work hours via time clock. The pay period is from Saturday through Friday, and paychecks are distributed by supervisors on Wednesday for the previous week.

2.3 Lost or Stolen Checks - Whenever an employee misplaces or loses a pay check, or has a pay check stolen, the event relating to the check must be immediately reported to the supervisor, who will notify the Director of Administration.

2.4 Check Cashing - Checks may be cashed during lunch or break periods. Employees are not entitled to time off to cash paychecks.

2.5 Expenses - Employees who incur expenses in the pursuit of official duties will be reimbursed upon presentation of an Employee Expense Report with appropriate receipts. Mileage will be paid at the official Federal mileage reimbursement rate.

3. WORKING HOURS

3.1 Hours of Operation – The standard work day is eight (8) hours, including a paid lunch period, as detailed in Section 3.2.

3.2 Lunch Period – Employees are entitled to a lunch period of 30 minutes. This period must be taken between 11:00 a.m. and 1:00 p.m. and upon the approval of a Supervisor. This lunch period is paid.

3.3 Breaks – There are no scheduled paid or unpaid breaks during the work day. An employee in need of a break should discuss same with a Supervisor.

3.4 Unionized Employee – should refer to their Collective Bargaining Agreement as it may relate to work hours, lunch and/or other breaks.

4. OVERTIME COMPENSATION

4.1 Statement of Overtime Policy - It is the policy of the Authority that overtime work be held to a minimum for budgetary purposes. Overtime, when required by emergency and extraordinary situations, must be authorized in advance by the Executive Director for all personnel. Employees in non-represented positions are expected to accept overtime when it is in the interest of the Authority. Those employees may only be excused for acceptable reasons by the supervisor in coordination with the Executive Director.

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

4.2 Covered Employees - All non-represented employees of the Authority are covered by this policy. All represented employees of the Authority are covered by their collective bargaining agreement (“CBA”) and the policies therein. Hourly employees of the Authority are eligible to earn overtime pay after working forty (40) hours in a work week. Salaried employees may only earn compensatory time.

4.3 Employee Classification - There are two classifications of employees as established under the United States Department of Labor standards: Exempt and Non-Exempt. Exempt employees are not expected to work overtime. Exempt employees include Executive Director, Director of Operations and Director of Administration. Non-Exempt employees are periodically expected to work overtime. Non-Exempt employees include all employees other than the Exempt employees listed above.

4.4 Rate of Compensation and Compensatory Time - Non-exempt hourly employees shall receive overtime compensation for work performed in excess of forty (40) hours per week at a rate equal to one and one-half (1½) times their hourly rate of pay. Non-Exempt salaried employees who are required to work beyond their regularly scheduled work day shall receive compensatory time off for work performed in excess of 40 hours per week at a rate equal to one and one-half (1½) hours for each hour worked. Exempt employees who are required to work beyond their regularly scheduled work week shall be entitled to compensatory time on a straight-time basis for the time worked in excess of 40 hours. Represented employees of the Authority are covered by their collective bargaining agreement (“CBA”) and the policies therein.

4.5 Emergency Overtime and Call Back Pay- Any hourly employee called back for a work related Court appearance and/or for emergency duty, such as snow removal, equipment malfunction or similar events, following completion of regularly scheduled shift hours, will be paid for a minimum of three (3) hours at the rate of one and one-half (1½) times regular hourly rate of pay. If the call back time assignment and the employee’s regular shift overlap, the employee will be paid call back rate of one and one-half (1½) times regular hourly rate of pay until completion of at least three (3) hours work. The employee will then be paid for the balance of regular work shift at straight time. Under no circumstance will an employee be sent home during regular schedule shift hours for the purpose of avoiding payment of recall time. The three (3) hour minimum recall pay does not apply for pre-planned or scheduled overtime, such as annual garage wash-down.

4.6 Determination of Overtime Earned - Hourly employees in non-represented positions must validate all hours worked via time clock. For those employees, total weekly hours shall exclude all absences from work and all time allowed for meals. For purposes of computing total weekly hours worked in a given week, time during which an employee is excused from work for vacation, personal leave, sick leave, compensatory time off, or other time at full pay, shall not be considered as time worked in determining overtime earned. Salaried employees, in order to properly account for compensatory time, must validate all hours worked via time clock or other acceptable time-keeping system. Represented employees of the Authority are covered by their CBA and the policies therein.

4.7 Use of Compensatory Time - Employees’ compensatory time must be used in the calendar year in which it is earned. Time remaining unused by June 30th will be compensated in cash by July 15th, and time remaining unused by December 15th will be compensated in cash by December 31st. The Executive Director is not eligible for cash compensation.

4.8 Special Situations – Situations not specifically covered by this section or unusual cases shall be resolved by the Executive Director with assistance of the Director of Operations or Director of Administration.

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

5. ATTENDANCE

5.1 Record of Attendance - A record of hours worked and leave used will be maintained for all employees. Falsifying attendance records or signing/punching another employee’s time card shall be cause for disciplinary action up to, and including, termination.

5.2 Tardiness - All employees are expected to arrive at work on time as scheduled and expected to remain at work until scheduled departure time. Unauthorized absences will be charged to the employee and may be cause for disciplinary action, including termination.

5.3 Notification When Unable to Report for Work - An employee who is unable to report for work, or unable to report on time, must notify the supervisor, or the person designated by the supervisor, as soon as possible, but not later than one-half (1/2) hour prior to the start of the employee’s scheduled shift. Failure to report absence or tardiness within the time frame specified is considered as an absence or tardiness without approval, and is subject to disciplinary action, up to and including termination.

5.4 Leave Request Form - Any absence from work must be requested on a Leave Request Form, submitted at least three days (72 hours) in advance of such requested absence from work. The only exceptions to this directive are unexpected sickness or emergency family needs. Leave Request Forms are available at both garages and at the main office. Unionized employees shall refer to their Collective Bargaining Agreement for the applicable rules or requirements pertaining to use of leave accruals.

6. HOLIDAYS

6.1 The Authority observes the following holidays: Holiday Observed for: Holiday Date Non-Union Employees PSO’s/TSA’S New Year’s Day January 1 Yes Yes Martin Luther King Birthday 3rd Monday in Jan. Yes Yes President’s Day 3rd Monday in Feb. Yes Yes Memorial Day Last Monday in May Yes Yes Independence Day July 4 Yes Yes Labor Day 1st Monday in Sept. Yes Yes Columbus Day 2nd Monday in Oct. Yes Yes Veteran’s Day November 11 Yes Yes Election Day Tuesday right after the first Monday in Nov. No (Not a Holiday) Yes Thanksgiving Day 4th Thursday in Nov. Yes Yes Friday After Thanksgiving 4th Friday in Nov. Yes No (Not a Holiday) Christmas Day December 25 Yes Yes

6.2 Weekend Holidays - Holidays falling on a Saturday will be observed on the Friday immediately before the holiday. Sunday holidays will be observed on the Monday immediately after.

6.3 Holiday Work Schedules - In order to meet goals of providing satisfactory service to the users of Authority facilities, it is necessary that some facilities remain open twenty-four (24) hours per day, seven (7) days per week. This impacts the holiday schedule when certain facilities are required to be open for business on a

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 holiday. Those employees in non-represented positions required to work on a holiday will be compensated for the normal amount of scheduled hours worked as if the day was not a holiday, and for additional hours worked as described in the following examples.

A) If an employee would normally be scheduled to work eight (8) hours on a day that falls on a holiday, and that employee actually works eight (8) hours on the holiday, the employee will receive eight (8) hours regular pay and eight (8) hours holiday pay. B) If an employee would normally be scheduled to work four (4) hours on a day that falls on a holiday, and that employee actually works eight (8) hours on the holiday, the employee will receive eight (8) hours regular pay and four (4) hours holiday pay. C) If an employee works on a holiday that falls on a day of the week, which is not one of the employee’s regular work days, the employee will receive compensation for whatever hours are actually worked on the holiday. D) Unionized employees of the Authority are covered by their CBA and the policies therein.

6.4 Employee Holiday Rotation - Employees in non-represented positions who are trained for a particular position will rotate holidays where needed, allowing employees alternate opportunities for holidays. The supervisor may approved scheduling changes when one employee, who is trained for and volunteers to fill in for another employee’s holiday shift, arranges scheduling with the affected employee. The Director of Operations is authorized to ultimately resolve all such schedule changes.

6.5 Holiday Pay Eligibility - In order to be eligible for holiday pay, employees in non-represented positions must have worked their last scheduled work day prior to the holiday and their next scheduled work day following the holiday, or have received prior advance approval for absence on either or both of these scheduled work days.

7. VACATION LEAVE

7.1 Vacation Eligibility - Employees in non-represented positions qualify for paid annual vacation if they: A) are regular full time or part time annual employees, B) have a minimum of six (6) months continuous service, C) make a request for vacation leave at least three (3) days/seventy two (72) hours in advance of dates desired. Emergency requests for vacation leave will be considered under certain circumstances. Vacations will be apportioned throughout the year, subject to reasonable staffing needs as determined by supervisor and Director of Operations. Vacation leave can be used in no less than one-half (½) hour units.

7.2 Vacation Credits - Eligible employees accrue vacation credits at the rates listed below. The credits accrue on a monthly basis.

Years of Service Accrual Rate Days per Year 1st through 4th Five-sixth of a day per month Ten (10) 5th through 9th One and one-quarter days per month Fifteen (15) 10th and beyond One and two-thirds days per month Twenty (20)

New employees may be allowed to take up to five (5) earned vacation days after six (6) months of continuous service.

7.3 Accumulation of Vacation Credits - Employees may accumulate a maximum of thirty (30) days of unused vacation leave. Upon separation or termination, for reasons other than criminal conduct, an employee will be paid for unused vacation leave.

7.4 Unionized employees of the Authority are covered by their CBA and the policies therein. 5

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

8. SICK LEAVE

8.1 Purpose of Sick Leave - The purpose of sick leave is to provide employees with protection against loss of income due to illness or physical disability. Sick leave credits should be considered as a type of insurance, and are only to be used when necessary. In addition to personal illness, leave for illness in the employee’s immediate family, if approval is obtained from the employee’s supervisor, may be charged to sick leave. For purposes of this Section 8.1, “immediate family” is defined as spouse, parents, children, sister or brother. Employees with insufficient sick leave credits will not be paid for sick days, except as provided in 8.4 below.

8.2 Provision of Credits - Full time or part time annual employees are provided one (1) day of sick leave for each month in full pay status. Sick leave may be accumulated up to a maximum of one hundred eighty (180) days. Employees who work less than full time may be eligible to be provided sick leave on a prorated basis. Sick leave can be used in no less than one-half (½) hour units. Employees will not be paid for unused sick leave upon separation or termination.

8.3 Medical Documentation - An employee may be required to produce proof of illness in the form of a doctor’s certificate. Such certificate will be mandatory in the case of an illness of three (3) days or more. Fraudulent or excessive use of sick leave may result in disciplinary action.

8.4 Catastrophic Illness - In cases of catastrophic illness, the Executive Director with the assistance of the Director of Administration may extend additional sick leave credits up to a maximum of one (1) year, at full or reduced rates. The award of sick leave credits under this benefit will be based on all relevant circumstances which shall include, but not be limited to, length of service, past work performance, attendance records, nature of the illness or injury of the employee. A periodic review of the sick leave shall be made by the Executive Director.

8.5 Sick Leave Pay Eligibility - Employees in non-represented positions may not call in for sick leave on the day immediately before scheduled time off or the day immediately following scheduled time off. This is an inappropriate use of sick leave, and will be considered ineligible for sick leave pay.

9. MISCELLANEOUS LEAVE

9.1 Jury Duty – Upon official documentation from the Court or other authorized entity, and as presented to a Supervisor, employees called for jury duty are entitled to paid leave without charge to leave credits. Leave granted will only cover the time required for court appearance and necessary travel. When an employee is not required to be present for jury duty, the employee is expected to report for work. An employee is required to file a notice with the supervisor for all periods of absence for jury duty.

9.2 Time Off to Vote - Employees who are required to work on an election day and who do not have sufficient time to vote before or after their regular shift may be granted time off to vote.

9.3 Workers’ Compensation Leave - Workers’ Compensation provides protection against medical expenses and loss of salary resulting from an occupational injury or illness. Employees injured as the result of an on- the-job accident should seek first-aid treatment and, if necessary, see a doctor. Employees shall report any accident, however minor, to their supervisor as soon as possible so that a written report of the accident can be kept on file. Failure to promptly report an accident may result in the denial of any later claim for Workers’ Compensation.

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

9.4 Maternity Leave - A permanent employee shall be granted maternity leave upon request. The employee shall be allowed to perform duties and responsibilities of her position for so long as she is medically able. Upon request and upon filing appropriate medical evidence that the employee is unable to perform duties or responsibilities due to pregnancy, the employee shall be granted a leave of absence without pay for a period of up to six (6) months, which may be extended by the Executive Director for up to one (1) year. During the period of absence, the employee may use, at full pay, all accrued sick leave and vacation leave credits to reduce the period of leave without pay.

9.5 Bereavement Leave - Paid leave for a death in the immediate family, which is defined as spouse, parents, children, sister or brother, will be allowed up to a maximum of three (3) days. Beyond that period, time off will be charged against an employee’s accrued leave credits (the order in which to be designated by the employee from any accrued sick, personal, vacation leave or accrued compensatory time).

9.6 Personal Leave - All employees earn personal leave at the rate of one (1) day for each four (4) months of service. Personal leave may be used for personal matters which cannot be attended to outside an employee’s regular work schedule. Personal leave can only accrue to a maximum of three (3) days, however credits may be used in one-half (½) hour units. An employee must make the request to the supervisor in advance of the need for personal leave. Personal leave remaining to an employee’s credit will not be paid out at time of separation from service.

9.7 Military Service Leave – The Authority complies with all State and Federal Military Leave Laws, as applicable.

10. Family and Medical Leave Policy

Purpose - To outline the conditions and procedures under which an employee may be eligible for time off for a limited period, as required by the federally enacted Family and Medical Leave Act (“FMLA”).

Definitions –

A. “Family and/or medical leave of absence” shall be defined as an approved absence available to eligible employees for up to twelve (12) weeks* of leave per year under particular circumstances. Leave may be taken:

1. Upon the birth of the employee’s child; 2. Upon placement of a child with the employee for adoption or foster care; 3. When the employee is needed to care for a child, spouse or parent who has a serious health condition; 4. When the employee is unable to perform the essential functions of his/her position because of a serious health condition. 5. When the employee is needed due to a qualifying exigency arising out of the fact that a spouse, child or parent is a military member on covered active duty or called to active duty status; or, 6. When the employee is needed to care for a covered servicemember with a serious injury or illness.

NOTE: That an employee’s entitlement to leave for the birth, adoption or placement for foster care expires at the end of the twelve (12) month period beginning on the date of birth or placement unless the Employer agrees to permit a longer time.

*NOTE: That an employee is entitled to twenty-six (26) weeks of leave per year to care for a covered servicemember with a serious injury or illness.

B. “A serious health condition” will be defined as any illness, injury, impairment or physical or mental condition that involves (but may not be limited to) the following:

1. Any period of incapacity or treatment in connection with, or following inpatient care in a hospital, hospice or residential medical care facility; or, 2. Any period of incapacity that requires absence from regular daily activities of more than three (3) days and that involves continuing treatment by (or under supervision of) a health care provider. 7

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

C. “A covered servicemember” will be defined as the employee’s spouse, son, daughter, parent, or next of kin who is either:

(a) A current member of the armed forces (including a member of the National Guard or Reserves), who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness; or

(b) A veteran who was a member of the armed forces (including National Guard or Reserves), was discharged or released under conditions other than dishonorable, and was discharged within 5 years of the date the employee takes FMLA leave to care for him/her, and is undergoing medical treatment, recuperation or therapy for a serious injury or illness.

D. “A qualifying exigency” will be defined as any activities that involve (but may not be limited to) the following:

1. Short-notice deployment; 2. Military events and related activities; 3. Child care and school activities; 4. Certain activities related to the care of the servicemember’s parent; 5. Financial and legal arrangement; 6. Counseling; 7. Rest and recuperation; 8. Post-deployment activities; and/or 9. Any additional activities agreed to by the employee and Employer.

E. “Leave” time may be paid or unpaid, see discussion below.

Responsibility - Each Supervisor is responsible for ensuring that this policy is communicated to the employees.

Scope - The provisions of this policy shall apply to all covered family and medical leaves of absence for any part of the twelve (12) or twenty-six (26) weeks of leave to which the employee may be entitled.

Eligibility - To be eligible for leave under this policy, an employee must have been employed for at least twelve (12) months and must have worked at least 1,250 hours during the twelve (12) month period immediately preceding the commencement of the leave.

Leave of Absence (Paid/Unpaid) - An eligible employee will be required to use paid leave to run concurrently with FMLA leave, unless otherwise detailed in an applicable collective bargaining agreement.

Extension of Leave - In the event an employee requires leave in excess of the twelve (12) or twenty-six (26) week maximum described herein, the Executive Director, at the Executive Director’s discretion, may provide additional leave. The employee will be responsible for their medical coverage during any extended leave.

Permission and Documentation -

A. The APA will require medical certification to support a claim for leave for an employee’s own serious health condition, to care for a seriously ill child, spouse or parent, unless otherwise detailed in an applicable CBA. For the employee’s own medical leave, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. For a leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. The APA may require a second medical opinion and obtain periodic recertification (at its own expense) only when the APA has reason to doubt the initial medical certification. If the first and second opinions differ, the APA, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the APA and the employee.

B. The APA will require certification to support a claim for leave due to a qualifying exigency, unless otherwise detailed in an applicable CBA. The certification must include the frequency or duration of the qualifying exigency, written documentation confirming a covered servicemember’s active duty or call to active duty status in support of a contingency operation, and any available written documentation which supports the need for leave. 8

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

C. The APA will require certification to support a claim for leave due to a serious injury or illness of a covered servicemember, unless otherwise detailed in an applicable CBA. The certification must include written documentation confirming that the covered servicemember’s injury or illness was incurred in the line of duty on active duty, that the covered servicemember is undergoing treatment for such injury or illness, the care to be provided to the covered servicemember and an estimate of the leave needed to provide the care.

D. If necessary for a serious health condition of the employee, of his/her spouse, child or parent, due to a qualifying exigency, or to care for a seriously injured or ill servicemember, leave may be taken on an intermittent basis. Intermittent leaves are not permitted for birth or adoption, unless otherwise agreed upon by the parties.

E. Spouses who are both employed by the APA, are entitled to a total of twelve (12) weeks of leave (rather than twelve (12) weeks each) for the birth or adoption of a child or placement for foster care or for the care of a sick parent.

Notification and Reporting Requirements -

A. When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the employee must provide reasonable prior notice, and make efforts to schedule leave so as not to disrupt operations of the APA. In cases of illness, the employee will be required to report periodically on his/her leave status and intention to return to work or as otherwise detailed in an applicable CBA.

B. The term “reasonable prior notice” shall mean “not less than thirty (30) days’ notice or as soon as practicable.”

Coverage -

A. Family leaves may be granted for up to twelve (12) weeks during any twelve (12) month period. However, an employee has a right under the FMLA for up to 26 weeks of leave in a single twelve (12) month period to care for a covered servicemember with a serious injury or illness.

B. The APA may deny reinstatement to an employee who fails to produce a “fitness-for-duty” certification to return to work. This requirement applies only where the reason for the leave of absence was the employee’s own serious health condition and as detailed in an applicable CBA. An employee will be given notice of this requirement.

C. Employees on an authorized family medical leave will be covered for those medical, dental, and other health insurance benefits (with the exclusion of any employee contributions, which must begin prior to family leave) under which they were covered prior to their leave.

D. In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence and the employee so notifies the APA, the APA may recover from the employee the cost of the premium paid to maintain the employee’s health insurance coverage, except when the family and medical leave is paid.

Procedures -

A. In the event the employee is requesting a Family and Medical Leave of Absence, a Notice Form must be completed in detail, signed by the employee and submitted to their Supervisor. If possible, the notice should be submitted thirty (30) days in advance of the effective date of the leave.

B. All family and medical leaves of absence due to illness will include the following information, unless otherwise detailed in an applicable CBA:

Sufficient medical certification stating:

1. The date on which the serious health condition commenced; 2. The probable duration of the condition; and, 3. The appropriate medical facts within the knowledge of the health care provider regarding the condition.

C. In addition, for purposes of leave to care for a child, spouse, parent, the medical certification should give an 9

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 estimate of the amount of time that the employee is needed to provide such care, unless otherwise detailed in an applicable CBA.

D. For purpose of leave due to a qualifying exigency, the certification should include the servicemember’s active duty orders or other documentation issued by the military that indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, the dates of the covered servicemember’s active duty service, appropriate facts supporting the need for leave, the date on which the qualifying exigency commenced or will commence and the end date, and appropriate contact information if the exigency involves meeting with a third-party, unless otherwise detailed in an applicable CBA.

E. For purpose of leave to care for a seriously injured or ill servicemember, the certification should include written documentation confirming that the covered servicemember’s injury or illness was incurred in the line of duty on active duty, that the covered servicemember is undergoing treatment for such injury or illness, the care to be provided to the covered servicemember and an estimate of the leave needed to provide the care, unless otherwise detailed in an applicable CBA.

F. For purposes of leave for an employee’s own illness, the medical certification must state that the employee is unable to perform the essential functions of his/her position, unless otherwise detailed in an applicable CBA.

G. In the case of certification for intermittent leave for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated, unless otherwise detailed in an applicable CBA.

H. FMLA leave must be designated by the APA where the APA has knowledge or sufficient reason to believe that the employee is eligible for such leave. APA will comply with any and all necessary and required notifications.

Return to Duty - An employee returning from leave as covered by this policy is entitled to the same position held when leave began.

Change in Policy - The APA reserves the right to modify this policy as necessitated by law.

11. BENEFITS AND SERVICES

11.1 Health Insurance - A health insurance program is available to full time employees who regularly work a minimum of thirty (30) hours per week. The Authority program provides employees and their families with comprehensive health insurance protection. Eligible employees at the time of appointment may enroll for health insurance provided by the Authority. Employees appointed after April 1, 1994, are required to contribute to the cost of health insurance programs at the rate of twenty-five (25) percent for family coverage, twenty (20) percent for employee and spouse coverage, and ten (10) percent for individual coverage. Payments are made through payroll deduction.

11.2 Separate Health Coverage/Health Insurance Buyout Option - An employee who has or is eligible for health insurance coverage, and who can show evidence of adequate coverage on an alternate insurance program, with, for example, a spouse employed elsewhere, may elect no coverage. Employees who exercise this option may be reimbursed annually up to three thousand dollars ($3,000) for family coverage, and up to fifteen hundred dollars ($1,500) for individual coverage. If, at any time, an employee elects to exercise the no-coverage option, then later chooses reinstatement, the employee will be required to pay back a prorated share of buyout moneys received during the year. Requests for reimbursement when the no-coverage option is selected must be made in writing not later than December 31 of the year in which the employee is eligible for reimbursement. Additionally, proof of alternate coverage must be submitted with the request.

11.3 Health Insurance During Leave of Absence -If an employee is on leave of absence without pay, not covered by the Family and Medical Leave Act, the Authority will provide health insurance coverage for twenty-eight (28) days after commencement of said leave. Employees desiring to maintain coverage past this twenty-eight (28) day period will be required to pay their entire health insurance premium through

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 arrangement with the Director of Administration and in accordance with COBRA. If an employee is on leave pursuant to the federal Family and Medical Leave Act or if on leave which is not FMLA covered, they will be required to continue to make the contribution toward premiums as detailed in Section 10.1 above.

11.4 New York State Employee’s Retirement System - Employees are enrolled in the New York State Employee’s Retirement System at the time of appointment. Employees are provided with information and a briefing on the program at the time of enrollment.

11.5 Workers’ Compensation – Workers’ Compensation insurance provides protection for medical expenses and loss of wages resulting from an occupational injury or illness. An employee injured as a result of an on- the-job accident should seek first-aid treatment, and, if necessary, however minor, consult a physician. An injured employee should report any accident to the supervisor as soon as practical in order that an accident report can be filed with the Authority office. Failure by an employee or supervisor to promptly report an accident may result in a denial of any later claim for Workers’ Compensation.

11.6 Credit Union - The State Employees Federal Credit Union (SEFCU) is available for membership by Authority employees. A range of savings and loan services are available at the Credit Union.

12. DISCIPLINARY ACTION

12.1 Disciplinary Action - Discipline will be imposed in accordance with any applicable Law. All discipline imposed will be documented in writing with a copy placed in the employee's personnel folder and a copy provided to the employee. Unionized employees are subject to the discipline procedures contained in the Collective Bargaining Agreement, if any.

12.2 Progressive Discipline - It is the Authority's policy to apply progressive discipline for the purpose of correcting an employee’s work performance or stopping inappropriate workplace behavior by providing clear and constructive feedback through a series of increasingly formal steps. To the extent possible, these steps will be applied with the goal of improving performance and allowing employees to retain their positions. Written documentation of any given to an employee shall be placed in the employee’s Personnel File and a copy provided to the employee. The progressive disciplinary steps may include (and not necessarily in this order):

a) Oral warning b) Written warning c) Loss of leave credit (vacation or compensatory time), based on the needs of the Authority d) Suspension without pay e) Discharge from employment

Certain infractions do not require the imposition of corrective discipline; each incident will be addressed on a case-by-case basis. Serious infractions, including criminal conduct, may result in termination of employment without progressive discipline.

12.3 Money Shortages - All employees accept, as a condition of employment, responsibility for cash and other monetary instruments in their immediate control and care. Except for extraordinary events beyond the employee's control, (fire, robbery etc.) supervisors, customer service staff and others who handle money are expected to accurately account for all transactions in which they are involved. All employees who directly handle cash are responsible for making up any shortages, which may occur while they are on duty. Reimbursement must be made from personal funds by the next succeeding pay day. During any ninety (90) day period, shortages of one (1) dollar or more will be subject to discipline.

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

12.4 Abuse and/or Loss of Equipment - All employees accept, as a condition of employment, responsibility for vehicles, equipment and other items provided by the Authority to perform their duties. Employees shall utilize Authority equipment only for its intended purpose. Employees shall not abuse, damage or lose Authority equipment. Where required, employees shall document the condition of equipment at the beginning and end of each shift. Deliberately abusing or damaging equipment, vehicles, material or property owned by the Authority shall result in disciplinary action.

13. GRIEVANCES

13.1 Policy - Employees of the Authority who are not covered by a Collective Bargaining Agreement shall follow this Grievance policy. Unionized employees shall refer to their applicable CBA provisions, if any.

13.2 Statement of Purpose - It is the Authority’s policy and obligation to cooperate with employees to resolve questions, problems or grievances related to conditions of employment. Employees should expect to receive prompt and fair consideration of complaints and grievances.

13.3 Basic Standards and Principles - Every employee shall have the right to present a grievance in accordance with the provisions of this section. At all three steps of the grievance procedure an employee has the right to be represented. It shall be a fundamental responsibility of supervisors at all levels, commensurate with authority delegated to them, to promptly take appropriate action upon presented grievances presented by employees under their supervision. It shall be the responsibility of the Executive Director to take steps as may be necessary to give effect to the provisions of this section.

13.4 Grievance Procedure -

Step 1 - An employee must present a grievance to the immediate supervisor. The grievance must be presented within fifteen (15) days of its occurrence. The supervisor shall, to the extent deemed appropriate, consult with other management as needed. The discussion and resolution of the grievance at the first step shall be on a verbal and informal basis. The informal Step 1 decision shall be made, in writing, within five (5) working days of the initial presentation. If the grievance is not satisfactorily resolved at Step 1, the employee may proceed to Step 2.

Step 2 - The aggrieved employee may request a review of the grievance by the Executive Director within five (5) working days of either receiving the Step 1 decision or when the decision was due. The aggrieved employee and the immediate supervisor shall each submit to the Executive Director a written statement setting forth the specific nature of the grievance and the relevant facts. The Executive Director shall, at the request of the employee, hold an informal meeting at which the employee or representative may appear and present written statements or arguments. The Step 2 decision shall be rendered in writing within five (5) working days of its presentation or within five (5) working days following any requested and held informal meeting, whichever is later.

Step 3 - (A) An employee may appeal a determination by the Executive Director to the Board of Directors of the Authority. The employee shall be granted a hearing by the Board at which the employee has the right to be represented. The grievance must be submitted to the Board within ten (10) work days of the date the Step 2 decision was received or should have been received. The Board hearing will be scheduled within a reasonable time frame.

(B) The decision of the Board shall contain a statement of the Board’s findings and its conclusions. This decision shall be final and shall be rendered within ten (10) work days of the hearing. The Secretary of

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 the Board shall send a copy of the Board decision to each employee involved, to the representatives, if any, to the supervisor and to the Executive Director.

14. PERSONAL HISTORY

14.1 Employee Folder - The Authority office maintains for each employee a personal history folder which contains, beginning from the time of appointment, copies of personnel transactions, performance appraisals and other official employee correspondence and information. Except for routine personnel transactions and certain letters of recommendation obtained in connection with the employee’s initial appointment, a copy of any document placed in the folder will be provided to the employee at the time the material is placed in the folder. Employees may review the materials in the personal folder upon written request and are entitled to reply in writing to anything contained in the file considered unfavorable, and the reply will become part of the folder.

14.2 Personal Data - Employees are obligated to promptly advise supervisors of current address and phone number, and name, address and telephone number of a person to be contacted in the event of an emergency involving the employee. Supervisors will advise the main office of changes.

14.3 Personal Property - The Authority is not responsible for the loss or theft of employee personal property at work sites.

15. DRUG-FREE WORKPLACE POLICY

15.1 Purpose of Policy - The Authority policy complies with the Federal Drug-Free Workplace Act of 1988, and recognizes the importance of maintaining a safe, efficient and healthful workplace, as well as public confidence in the integrity of the Authority. The use and abuse of controlled substances places employees and the public at risk. The Authority recognizes that addiction can pose serious risk to an individual’s health and safety, and can be detrimental to co-workers, it also considers that drug addiction is treatable and that those suffering from drug addiction should be encouraged to seek treatment before disciplinary action becomes necessary, whenever possible.

15.2 Drug-Free Workplace Policy - The Authority absolutely prohibits the use, consumption, sale, purchase, transfer and/or possession of any controlled substance by any employee during working hours, or while representing the Authority, or while on any Authority premises. Because the misuse of controlled substances is always illegal, its use outside the workplace reflects adversely on the high standards attending public service. Accordingly, the Authority will, to the extent possible, work with employees suffering from drug abuse and/or addiction to assure that they receive all available medical assistance under the health insurance plan selected by the employee.

15.3 Definition - “Controlled Substance” shall include those substances currently listed in Public Health Law, and amendments which may from time to time be adopted. This definition is not intended to include prescription drugs being used by the prescription holder for prescribed purposes. This definition shall also be applied to the word “drug” wherever it appears in this section.

15.4 Sanctions - Violations of this drug-free workplace policy may result in disciplinary action, including dismissal for the first offense.

(A) Voluntary Acknowledgment - The Authority office will work with any employee, who voluntarily acknowledges that he or she has a drug problem, to obtain necessary treatment available under the employee’s health insurance plan. In the case of part time or seasonal employees who are not

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

covered by health insurance, the Authority office will work with the employee to assist in making contact with appropriate community-based substance abuse services. (B) Involuntary Acknowledgment - All disciplinary action will be taken in accordance with this Operations Manual procedures or those contained in any applicable Collective Bargaining Agreement. Disciplinary action may be suspended to allow for drug treatment. If treatment is refused or unsuccessful, disciplinary action will be resumed.

16. DISCRIMINATORY HARASSMENT POLICY

Purpose:

It is the policy of the APA to provide and maintain a work environment which is free from unlawful discrimination based on sex (with or without sexual conduct and including gender identity and transgender status), race, creed, color, religion, national origin, age, disability, sexual orientation, military status, marital status, familial status and any other class protected by law (collectively referred to as "discriminatory harassment" or "harassment"). Harassment based on these characteristics is a form of unlawful discrimination and is prohibited in each and every work environment and each and every situation which directly impacts the work environment.

The APA will take appropriate steps to prevent and correct unlawful harassment and discrimination as defined by both federal and state law. The federal laws include but are not limited to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. The state law is the New York State Human Rights Law.

Policy:

The APA recognizes the rich diversity of its employees and the varying cultures, backgrounds, and experiences they each bring to the workplace. The APA is committed to maintaining and promoting a work environment where similarities and differences are respected and valued. The APA will not tolerate harassment or discrimination of any kind in the workplace.

An employee is expected to treat coworkers, customers, Supervisors, APA officers, vendors, suppliers, and other non-employees that the employee comes in contact with on the job with fairness, dignity, and respect. The APA prohibits any form of discrimination, harassment, or other offensive behavior targeted towards an individual based on race, religion, color, sex (including gender identity and transgender status), age, national origin, marital status, familial status, pregnancy, veteran status, arrest/criminal record, disability, genetic predisposition or carrier status, sexual orientation, or any other classification established and protected by law.

The APA considers discriminatory harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense which will not be tolerated. Allegations of harassment will be investigated thoroughly and if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), and in accordance with the parameters of applicable collective bargaining agreements and/or state law.

This policy applies to all APA employees, officials, applicants and personnel in a contractual relationship with the APA. This policy prohibits harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to the APA (e.g., an outside vendor, consultant or citizen).

Managerial and supervisory personnel are responsible for enforcing this policy and ensuring a work environment free from discriminatory harassment and its effects. These individuals must take immediate and appropriate corrective action, when instances of harassment come to their attention, to assure compliance with this policy. Failure of a manager or supervisor to comply with this responsibility may result in disciplinary action.

Definitions:

A. Sexual harassment is defined as:

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature 14

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment (e.g., promotion, training, assignments, etc. . .); 2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions (e.g., hiring, evaluation, promotion) affecting such individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Examples of specific behaviors that may be considered sexual harassment include, but are not limited to:

 Spoken or written words related to an employee's sex  Any sexual advance that is unwelcome  Sexually oriented comments  Showing or displaying pornographic or sexually explicit objects or pictures in the workplace  Offensive touching, patting or pinching  Requests for sexual acts or favors  Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct  Threats, demands or suggestions that an employee's work status is contingent upon her/his toleration of or acquiescence to sexual advances  Subtle pressure for sexual activities  Leering at a person

Sexual harassment is gender neutral and may involve members of the same or different gender (including gender identity and transgender status individuals).

B. Other unlawful harassment:

Harassment on the basis of any other protected characteristic is also prohibited. Under this policy, prohibited harassment is verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of his/her race, color, religion, national origin, age, disability, sexual orientation or marital status (and any other class protected by law and detailed above), and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities.

Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace (including through e- mail) of written or graphic material that denigrates or shows hostility or aversion toward an individual or group, based on an individual's protected class.

C. Individuals and conduct covered:

This policy applies to all applicants and employees of the APA (including APA officers,) and prohibits harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to the APA (e.g., an outside vendor, consultant or citizen).

Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.

D. Other unacceptable conduct: This policy also prohibits conduct of one employee toward another that may not rise to the level of discrimination or harassment in violation of the law, but nonetheless creates a degree of hostility or intimidation that adversely affects the work environment. Teasing, ridicule, and other conduct intended to annoy, personally attack, belittle or embarrass another individual is inappropriate and also unacceptable in the workplace. Therefore, the APA encourages the use of its complaint procedure by employees who believe they have been subject to inappropriate conduct by another employee, even if such conduct may not be harassment or discrimination per se. The APA endeavors to create an environment in which employees may feel free to raise

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

concerns and are confident that those concerns will be addressed.

Procedure:

A. Reporting Harassment:

1. If an individual is subjected to a situation which he/she believes constitutes discriminatory harassment in violation of this Policy, the APA recommends that the employee confront the harasser directly and advise the harasser that his/her behavior is not welcomed and will not be tolerated; note that neither this policy nor state/federal law requires that an individual tell an alleged harasser to stop his/her actions. Employees should feel free to keep written records of any alleged sexual harassment incidents, including the date, time, location, names of people involved, witnesses (if any), and who said or did what to whom.

2. If an alleged incident of harassment cannot be resolved directly between the parties involved, a written or verbal complaint should be filed by the affected employee with the employee's immediate supervisor. In the event the employee does not believe it would be appropriate to file the complaint with the immediate supervisor, it may be filed directly to the Manager, or Executive Director. (See APPENDIX, Form “A” and Form “B”.)

3. All harassment complaints will be investigated as promptly as possible and resolved within a reasonable time after the receipt of the complaint. The Manager will coordinate an investigation of the complaint. Following the investigation, the Manager shall issue a written report of findings and conclusions. This report will be submitted to the Executive Director.

4. Thereafter, an initial determination on the complaint will be issued from the Executive Director and results communicated, in writing, back to the complainant. (See APPENDIX, Form “C”.)

5. Retaliation against any individual making a harassment complaint or assisting in the investigation of such a complaint is strictly forbidden. Retaliation, like discrimination and harassment, is against the law and is a serious violation of this Policy. Employees who retaliate against other employees who complain about harassment and/or participate in investigation of harassment will be subject to disciplinary action.

B. Appeal Procedure:

1. In the event that the Manager determines that the incident(s) reported do(es) not constitute unlawful discriminatory harassment as defined in this Policy, the employee who filed the complaint may appeal the initial determination to the Executive Director for a final determination. (See APPENDIX, Form “D”.)

2. In the event that an appeal is filed with the Executive Director, the appeal shall be reviewed by the Executive Director or his/her designee. The Executive Director may obtain additional information if necessary including meeting with the complainant. Thereafter, the Executive Director or his/her designee will issue a decision within twenty (20) working days after receipt of the appeal.

3. If no appeal is taken within thirty (30) calendar days from the date of the Manager’s initial determination, said determination will constitute the final determination in the matter.

a. Miscellaneous

1. In the event a complaint of discriminatory harassment is determined to be founded, the APA will take disciplinary action in accordance with the provisions of the applicable collective bargaining agreement and/or state law, if applicable.

2. If disciplinary charges are filed against an employee on the grounds that the APA has determined the employee is guilty of unlawful harassment, the accused employee may exercise his/her rights through the disciplinary procedure provided for in his/her labor contract and/or state law, if applicable.

3. Reporting of a false complaint is a serious act. In the event it is found that the individual bringing the complaint has made false accusations, the APA will take action in accordance with the provisions of the applicable collective bargaining agreement and/or state law, if applicable. 16

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

4. All information gathered during an investigation of a discriminatory harassment complaint will be handled in a confidential manner, to the extent possible.

5. Retaliation against any individual making a discriminatory harassment complaint or assisting in the investigation of such a complaint is forbidden. Retaliation is a serious violation of this policy which may result in disciplinary action.

6. This Policy does not preclude the filing of discriminatory harassment complaints with either the New York State Division of Human Rights or the Federal Equal Employment Opportunity Commission, or the pursuing of any other remedies as permitted by law.

b. Responsibilities of Managers/Supervisors

1. All managerial and supervisory personnel of the APA shall be responsible for enforcing this Policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from discriminatory harassment and its effects. Failure of a manager or supervisor to comply with this responsibility may result in disciplinary action.

2. All managerial and supervisory personnel who receive discriminatory harassment complaints will be responsible for immediately forwarding such complaints to the appropriate Manager and simultaneously to the Executive Director.

3. The APA will conduct periodic training for managerial and supervisory personnel in each Department of the APA on the issues surrounding discriminatory harassment, its effects and its appearances, and the role and responsibility of managerial/supervisory personnel in preventing incidents of harassment complaints.

4. The APA shall distribute this Policy to all APA employees and all others covered by its parameters. Copies of this Policy will be distributed to new employees as they are hired.

17. WORKPLACE SMOKING POLICY

17.1 New York State Law - In accordance with NYS Public Health Law, Article 13-E: Regulation of Smoking in Certain Public Areas, Section 1399-n et seg., of the Public Health Law of the State of New York, the Authority has adopted the following policy on the smoking of tobacco products in the workplace.

17.2 Purpose - The purpose of this policy is to accommodate the needs of both smoking and non-smoking employees in accordance with New York State law in areas not generally accessible to the public. Non- smoking employees are entitled to work in an area which is smoke free.

A) Non-smoking areas are smoke-free areas where no smoking is permitted and where the drift of smoke from smoking areas is negligible. These areas will be clearly designated and separate from areas where smoking is allowed. B) Smoking is prohibited in rest rooms and in elevators. C) Smoking is prohibited in company vehicles.

17.3 Definition “Smoking” is defined to include the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, and includes the use of electronic cigarettes (“e-cig”).

18. WORKPLACE CONDUCT POLICY

18.1 Purpose and Explanation of Policy - To successfully carry out the mission of the Authority it is necessary that employees diligently conduct themselves at all times in a manner which places service to the public in uppermost priority. 17

ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

A) All directions from supervisors should be fulfilled as promptly as possible. B) Employees should act with professional demeanor at all times, and they should avoid loud talking or laughing particularly when visitors are present or the supervisor is using the telephone. Disagreements should be quiet and private. C) Employees should work in a cooperative spirit and provide assistance to fellow employees when requested and to the public when practicable. D) Employees are expected to be clean and well-groomed at all times. E) Employees are expected to maintain an orderly work space, which should be left in a neat and clean condition for the subsequent shift. F) Employees shall always present and conduct themselves in a manner so as to deserve public respect and approval.

18. 2 Disciplinary Action - Failure to conduct oneself in an appropriate manner may result in disciplinary action which, upon repeated incidence, could lead to suspension or dismissal.

19. CODE OF CONDUCT

19.1 General Provisions - Employee conduct must appropriately represent the Authority Board of Directors. Conduct indirectly represents the City of Albany, its citizens and elected officials, as well.

19.2 Prohibited Conduct - Violations of prohibited conduct may be considered justification for disciplinary action or dismissal. Prohibited conduct includes, but is not limited to, the following:

A) Failure to perform duties as required or directed, B) Failure to use common courtesy, even during difficult circumstances, in all dealings with the public, C) Acceptance of a gratuity or gift of any kind in connection with official duties, D) Acceptance of employment elsewhere which interferes with, or adversely affects, duties and performance as an employee of the Authority, E) Failure to report an unusual event or accident, F) Possession or use of intoxicants or non-prescribed drugs while on duty or immediately prior to reporting for duty, G) Failure to report within reasonable time a change in address or telephone number, H) Failure to refer news media inquiries to the Authority office, I) Reporting to work without a complete and presentable uniform, J) Theft, K) Failing to report to the supervisor observed wrong doing by another employee, and/or performing any dishonest activity related to Authority monies. L) PSO’s may not write ticket(s) outside of the PSO’s assigned work zone unless directed to do so by a Supervisor.

19.3 Integrity -Employees shall never engage in conduct which adversely affects the Authority or the public. Any violation of these rules may be considered justification for disciplinary action or termination. It is inappropriate and a violation of integrity to:

A) grant any unauthorized privileges or favors in connection with official duties, B) make any false entry or false claim on any official record, report, or form, C) disclose to any unauthorized person information relating to records, operations or activities of the Authority unless otherwise instructed/authorized to do so by a supervisor, 18

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D) fail to report immediately any arrest either while on duty or off duty, E) clock in or out, or sign the time card for any other employee, F) observe a violation of rules without reporting the violation to a supervisor.

19.4 Behavior - With regard to behavior, it is inappropriate to:

A) use indecent or profane language towards the public or colleague, or fail to give prompt, polite and efficient treatment to the public, B) create or induce any breach of peace while on duty, C) be insubordinate, insolent or impudent to superiors, D) sleep or malinger while on duty, E) commit any illegal act, F) gamble in any form while on duty, G) carry on your person or have on Authority premises or vehicle any unauthorized firearm, knife or other weapon. (See, Workplace Violence Protection Policy at Section 23.)

19.5 Attendance (See also, Section 5 of Manual) - With regard to attendance, it is a violation to:

A) engage in other vocations or employment which interfere or conflict with the regular hours or terms and conditions of employment, or which impair the employee's efficiency, B) be absent from work or assignment without notification and/or necessary specific approval of a Supervisor, C) fail to supply, upon request from the supervisor, documentation or doctor's certificate to verify reasons given for any duration of absence, D) work while ill, or fail to report sickness or injury to the supervisor immediately, E) engage in activities during working hours not connected with official business, F) be excessively or habitually late or absent from work or assigned duties, G) be absent without authorized leave or without calling in sick according to established procedure, H) refuse to work overtime when, in the opinion of the supervisor, such overtime work is necessary, (An employee may be occasionally excused from such overtime work upon advance notice to and presentation of a reason acceptable to the supervisor.)

19.6 Appearance - Uniformed employees must wear all provided seasonal uniform apparel as specified by the supervisor. Employees are responsible for keeping uniforms clean and presentable. With regard to uniforms, it is prohibited to:

A) report for duty without proper uniform, B) fail to maintain neat and clean appearance, C) fail to wear uniform while on duty unless authorized by supervisor, D) wear inappropriate or excess jewelry, E) fail to keep facial hair neatly groomed at all times.

19.7 Property - The following acts are prohibited:

A) use or permit the use of vehicles, materials or equipment belonging to the Authority for unauthorized purposes, B) use Authority telephone, fax, computers, cellular telephones, any handheld device issued by the Authority or office supplies for unauthorized activity, C) permit property to be damaged, lost or used improperly,

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D) fail to report any accidents, resulting in injury or property damage, however slight, E) without authorization operate, use, or ride in a Authority vehicle, or permit any person to operate, use, or ride in such vehicle, F) use gasoline or oil purchased for Authority use for any unauthorized purpose or for any vehicle other than Authority equipment, G) failure to report known safety issues with vehicles or equipment to supervisor. Failure of maintenance staff to repair a reported item before allowing its use. H) fail to exercise care in preventing an accident while operating an assigned vehicle or other equipment, I) leave, or permit to be left, any assigned vehicle or equipment unattended, on any public thoroughfare without proper authorization, or leave it running unattended, J) fail to report to the supervisor observed damage to Authority property.

19.8 Code of Ethics – All Authority Board Members and employees are required to fully comply with the APA Code of Ethics (as adopted/modified by the Board). The Code shall be provided to all employees and posted on the APA website.

20. PUBLIC COMMUNICATIONS

20.1 Media Communications - As a public corporation, the Authority has on occasion an obligation to answer inquiries from newspapers, radio and television journalists. Responses to media questions must always be forthright and honest. When an immediate answer is impractical because complete information is not at hand, it is appropriate for an authorized spokesperson to reply upon obtaining accurate and complete information.

20.2 Authorized Spokespersons - It is an infraction of protocol and the provisions of this Operations Manual for an unauthorized employee to respond to questions regarding Albany Parking Authority activities. The Chairman and Board of Directors of the Albany Parking Authority and the Executive Director are the only authorized spokespersons.

20.3 Telephone and Messages - It is important that employees who answer telephone inquiries respond promptly in referring questions and messages to the Authority office. It is appropriate to refer callers to the office by providing them with the correct telephone number.

20.4 Emergencies - In cases of emergencies and during times when the Authority office is closed or inactive because all office employees are out, it is appropriate to call the Executive Director at home (after hours) or to page the Director of Operations, depending on the nature of the emergency, and when, in the judgment of the employee observing the emergency, it is relevant that management staff be immediately alerted.

21. REVENUE CONTROL POLICY

21.1 Purpose - The primary purpose of this revenue control policy is to emphasize the importance of understanding that all income produced in Authority operations gets safely to the bank. Each parking facility may have different requirements for revenue control procedures, however the goal is always to collect all funds due and to keep all funds safe.

21.2 Process - The money handling process begins at the time cash is received for the purchase of time used at parking facilities. The process includes accurate and complete handling of money and tickets where applicable, security of cash registers, keys and locks, parking meters and safes.

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21.3 Responsibility - All employees directly involved in the handling of cash collection and processing are responsible for accuracy in their accounting of Authority moneys and are required to be cautious in their procedures for transferring funds. Disciplinary action will be applied for improper handling of money. Each customer service representative is responsible for accurate handling of tickets and cash on their shift. The supervisor, usually a Facility Manager or Assistant Manager, is responsible for accurate reconciliation of customer service representative activity at shift end, and for accurately making up deposit packages and for safekeeping until funds are transferred to the bank. Each collector is responsible for properly collecting, auditing and re-locking meters upon collection. The supervisor, usually the Director of Operations, is responsible for delivery of coins to the bank and for safekeeping of all parking meter keys.

21.4 Procedures - Basic money handling procedures are a constantly evolving process, which may be amended from time to time when improvements can be made to tighten operations or when more sophisticated equipment is installed. Daily, weekly and monthly audits of daily activities are required both for review of accuracy and to obtain management information relating to occupancy and budget. Change funds are to be kept in a safe place until needed for cashiering activities. Basic procedures for opening, operating and closing of parking facilities also relate to revenue control, so that all parkers are accounted for in overnight inventories and logging of plate numbers. These procedures are developed by the Facilities Manager in cooperation with the Director of Operations, and approved by the Executive Director, who ultimately has responsibility that all Authority facilities function properly and successfully meet budget requirements while serving the public. Procedures for revenue control relating to parking meters are developed by the Director of Operations in consultation with the Director of Administration, and approved by the Executive Director.

21.5 Discretionary Spending Policy – The expenditure of APA funds should be for purposes that relate to, and support, APA’s mission. Accordingly, the APA has adopted a “Discretionary Spending Policy” which provides guidelines as to proper and improper discretionary expenditures. The Discretionary Spending Policy is posted on the APA website.

22. SECURITY

22.1 Purpose - The investment made by the Authority in parking facilities and parking meters mandates that care be taken by all employees to make sure this investment is protected against loss, negligence and mismanagement. Employees and supervisors should be alert at all times for suspicious-looking persons in parking facilities, and should report the presence of anyone believed not to be a parker. Anyone who seems to be wandering through a facility should be approached and asked if they need assistance. If they have no business in the facility, courteously ask them to leave, and report the circumstances immediately to the Director of Operations.

22.2 Responsibilities - Employees are responsible for locking garage office doors when they are out of the vicinity for rest room visits or other absences. Supervisors are responsible for monitoring customer service representative absences and for locking facility offices and store rooms during their own absences, and closing down facilities at closing time or securing unneeded openings during partial shutdown periods. The Director of Operations is responsible for the safekeeping and security of parking meter keys, supplies, meter parts and meter collection equipment during closed hours.

22.3 Key Control - A record is kept of every key issued to employees by supervisors. A Key Log is maintained in the Authority office. When an employee terminates employment, all keys issued to the employee must be returned before receiving a final paycheck.

22.4 Key Issuance - Keys for revenue control equipment, such as barrier gates, are issued only for the duration of a repair-related work assignment. Keys for meter collections are issued only for the duration of the

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 collection period. Such keys are required to be kept in a safe place between issue times. Parking meter collection and maintenance keys are only issued simultaneously to the Director of Operations. Collection personnel carry only collection keys. Collection keys for a specific route are issued at the beginning of collections and returned at the end of collections. Collection keys are never retained by an employee overnight. Collection receptacles (bins), when returned empty by the bank, should always be returned with the bank’s padlock already secure.

23. Workplace Violence Prevention Program

The APA has a long-standing commitment to promoting a safe and secure work environment that promotes the achievement of its mission. The APA Executive Director and APA Board, staff, volunteers, vendors, contractors, consultants, and others, who do business with the APA (hereinafter referred to as Community,) are expected to maintain a working and learning environment free from violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior towards people or property. While these behaviors are not prevalent in the APA, no organization is immune. The purpose of this policy is to address the issue of potential workplace violence in our community, prevent workplace violence from occurring to the fullest extent possible, and set forth procedures to be followed when such violence has occurred.

Policy

The APA prohibits workplace violence. Violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior towards people or property will not be tolerated. Complaints involving workplace violence will not be ignored and will be given the serious attention they deserve. Individuals who violate this policy may be removed from the APA property and are subject to disciplinary and/or personnel action up to and including termination, consistent with APA policies, rules and collective bargaining agreements, Civil Service Law, and/or referral to law enforcement authorities for criminal prosecution. Complaints of sexual harassment are covered under the APA Policy against Sexual Harassment. The APA, at the request of an employee, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee on APA property unless necessary to transact APA-related business. This policy particularly applies in cases where the employee suspects that an act of violence will result from an encounter with said individual(s).

This policy is designed to meet the requirements of NYS Labor Law 27b and highlights some of the elements that are found within our Workplace Violence Prevention Program. The process involved in complying with this law included a workplace evaluation that was designed to identify the workplace violence hazards our employees could be exposed to. Other tools that were utilized during this process include establishing a committee made up of management and authorized employee representatives who will have an ongoing role of participation in the evaluation process, recommending methods to reduce or eliminate the hazards identified during the process and investigating workplace violence incidents or allegations. All employees will receive a copy of this policy, a listing of important contacts, and will participate in the annual Workplace Violence Prevention Training Program.

Scope

The members of the APA community whether in an APA facility or other location where APA business is conducted, are covered by this policy. The policy also applies to other persons not affiliated with the APA, such as former employees and visitors.

Definitions

Workplace violence is any behavior that is violent, threatens violence, coerces, harasses or intimidates others, interferes with an individual's legal rights of movement or expression, or disrupts the workplace, or the APA's ability to provide services to the public. Examples of workplace violence include, but are not limited to:

1. Disruptive behavior intended to disturb, interfere with or prevent normal work activities (such as yelling, using profanity, verbally abusing others, or waving arms and fists.)

2. Intentional physical contact for the purpose of causing harm (such as slapping, stabbing, punching, striking, shoving, or other physical attack.)

3. Menacing or threatening behavior (such as throwing objects, pounding on a desk or door, damaging 22

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property, stalking, or otherwise acting aggressively; or making oral or written statements specifically intended to frighten, coerce, or threaten) where a reasonable person would interpret such behavior as constituting evidence of intent to cause harm to individuals or property.

4. Possessing firearms, imitation firearms, knives or other dangerous weapons, instruments or materials. No employee of the APA shall be allowed to carry a weapon, concealed or not concealed, while on duty, except for specific exceptions as made in the sole and unreviewable discretion of the APA Board, or employees deputized by an Executive Order deemed to be necessary for public safety.

Reporting of Incidents

1. General Reporting Responsibilities

Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the APA community. Workplace violence should promptly be reported to the appropriate APA official. Additionally, staff is encouraged to report behavior that they reasonably believe poses a potential for workplace violence as defined above. It is important that all members of the APA community take this responsibility seriously to effectively maintain a safe working and learning environment.

2. Imminent or Actual Violence

Any person experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call the Police Department immediately, or call 911.

3. Acts of Violence Not Involving Weapons or Injuries to Persons

Any person who is the subject of a suspected violation of this policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or the APA Executive Director. .

4. Commission of a Crime

All individuals who believe a crime has been committed against them have the right, and are encouraged, to report the incident to the appropriate law enforcement agency.

5. False Reports

Employees who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action and/or referral to civil authorities as appropriate.

Responsibilities

1. APA Executive Director and the APA Board

The APA Executive Director and the APA Board of Directors shall be responsible for the implementation of this policy. The responsibility includes dissemination of this policy to all members of the community, ensuring appropriate investigation and follow-up of all alleged incidents of workplace violence, and ensuring that all department heads, and supervisors are aware of their responsibilities under this policy through internal communications and training.

2. Supervisors

Each department Manager or other person with supervisory responsibility (hereinafter "supervisor") is responsible within his/her area of jurisdiction for the implementation of this policy. Supervisors must report to the APA Executive Director any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such 23

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complaint, the supervisor should keep it confidential and not disclose it further, except as necessary during the investigation process and/or subsequent proceedings. Supervisors are required to contact 911 and the l Executive Director immediately in the event of imminent or actual violence involving weapons or potential physical injuries.

3. APA Executive Director

The APA Executive Director is responsible for assisting the Police Department and supervisors in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; and consulting with, as necessary, counseling services to secure professional intervention. The APA Executive Director is responsible for providing new employees or employees transferred to different work sites with a copy of the Workplace Violence Policy and Procedures and insuring that faculty and staff receive appropriate training. The APA Executive Director will also be responsible for annually disseminating this policy to all employees, as well as posting the policy throughout the and on the website, as appropriate.

4. Workplace Violence Advisory Team

The APA Executive Director shall establish a Workplace Violence Advisory Team. This team, working with the APA Executive Director and Police Chief, will assist in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; assessing the potential problem of workplace violence at its site; assessing the Town's readiness for dealing with workplace violence; evaluating incidents to prevent future occurrences; and utilizing prevention, intervention, and interviewing techniques in responding to workplace violence. This team will also develop workplace violence prevention took (such as pamphlets, guidelines and handbooks) to further assist in recognizing and preventing workplace violence in our facilities. It is recommended that this Team include representatives from the Police Department, the APA Executive Director, the unions, EAP, Occupational Health and Safety, the Chamberlain's office, and others, as deemed appropriate by the APA Executive Director.

Education

The APA Executive Director is responsible for the dissemination and enforcement of this policy as described herein, as well as for providing opportunities for training in the prevention and awareness of workplace violence. The APA Executive Director will provide assistance in identifying available training opportunities, as well as other resources and tools, (such as reference materials detailing workplace violence warning signs) that can be incorporated into prevention materials for dissemination to the community. Additionally, the APA Executive Director will offer periodic (at least annually) training opportunities to supplement the training programs. (See APPENDIX – Acknowledgement of Receipt of Policy – Form “E”.)

Confidentiality

The APA shall maintain the confidentiality of investigations of workplace violence to the extent possible. The APA will act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of this policy and that the safety and wellbeing of members of the APA community would be served by such action.

Retaliation

Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination.

24. CARE AND USE OF PROPERTY

24.1 Motor Vehicles Log- A maintenance log shall be kept for each Authority vehicle and for its daily use by the appropriate supervisor, who is responsible for assuring assigned drivers are capable of properly operating

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017 vehicles before making assignments and that employees record specified information each time a vehicle is checked out.

24.2 Operation of Vehicles - Before an employee is authorized to operate an Authority vehicle, the appropriate supervisor will conduct a test drive to review the employee's ability to drive competently and safely. Motor vehicles shall not be taken outside of assigned areas without permission of the appropriate supervisor, except while traveling directly to or returning from the assigned area. Every employee who operates an Authority motor vehicle must possess a valid New York State operator's license, the number of which shall be on record with the Authority office. Driving an Authority vehicle without a valid license will result in disciplinary action.

24.3 Maintenance - Employees shall be held strictly accountable for the serviceability and general condition of motor vehicles assigned to them. Vehicles shall be simultaneously inspected from time to time by the Director of Operations and the appropriate supervisor. An operator shall promptly report to the appropriate supervisor the loss or damage of any tire, accessory, or part of a motor vehicle in their care. When reporting for duty, the operator of a vehicle shall carefully inspect the assigned vehicle for serviceable condition. When making the inspection, the operator will determine that:

A) sufficient fuel is in the tank and the proper amount of fluids are in the vehicle; if fuel or fluids are needed, or if repairs or other service is needed, the operator will have the vehicle properly serviced before starting his duties, B) brakes, lights, windshield wipers and warning devices are working properly, tires are properly inflated, and all equipment assigned to the vehicle is in serviceable condition.

24.4 Safe Driving Policy - When operating an Authority motor vehicle, an employee must show every courtesy to other drivers, obey all traffic signs and traffic regulations, obey all other lawful authority, and handle the vehicle in a manner which will foster driving safety in others and create a favorable impression of the Authority. The operator must pull to the curb to avoid impeding traffic during business activities. Employees are liable for any traffic violations and fines incurred during duty hours. The Authority has no exemption from traffic or parking regulations that apply to non-emergency vehicles.

24.5 Other Equipment and Tools - Except for license requirements, the Maintenance Supervisor is responsible for similar logs, check-out, maintenance and safe use of all other Authority maintenance equipment and tools. The Maintenance Supervisor is responsible for issuing all tools and equipment needed for an employee's assignment. Employees shall check tools and equipment for proper working condition before starting the assignment. Employees are responsible for exercising care in the use of all tools and equipment. Repair or replacement costs resulting from loss or damage due to neglectful or reckless use or behavior may be deducted from pay. Any loss, breakage or malfunctioning shall be reported immediately to the supervisor.

24.6 Care of Facilities - Under guidance from the Director of Operations, the Facility Manager, Assistant Facility Manager, and Maintenance Supervisor have responsibility for satisfactory and timely cleaning and repair of parking facilities. Suspected structural repairs or failures are to be immediately brought to the attention of the Executive Director.

25. SAFETY POLICY

25.1 General Provisions – The most common type of accident in our workplace is a trip, slip, or fall. To avoid injury, be aware of your surroundings, notify management of hazardous conditions, or if within your job description, take corrective action.

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When performing physical labor, use proper body mechanics, do not lift more weight than you can comfortably handle, and seek partner(s) as needed. Items over 50 lbs. should be lifted with the assistance of additional employees.

Rest periods are indicated when performing physical labor or repetitive motion tasks for extended periods of time.

Not all of the items detailed herein are applicable to each Authority title. If you have any questions, please contact your supervisor.

25.2 Safety glasses must be work when working with power tools, hand tools, or during the application of sprayed chemical products, or as conditions warrant.

25.3 Safety vests must be worn when working in or around traffic. Safety cones must surround the working area.

25.4 Ear plugs must be worn when using power equipment or power tools. If you have any questions, please contact your supervisor.

25.5 Hard hats must be worn when working in areas without clear overhead.

25.6 Miscellaneous. As may be applicable, dust masks, back braces and work gloves will also be provided along with any equipment listed above. During the application of hazardous chemicals, the use of respirators may be necessary. Please check with management before proceeding with the above.

Manufacturer’s suggested safety precautions listed on equipment, tool, and chemical labels must be followed.

26. UNIFORMS

26.1 Uniform and Appearance - The term "uniform" shall include the following articles: shirts, trousers, hats, sweaters, light jackets, winter coats and name plates. The term “personal clothing” shall mean: undergarments, socks/stockings, belts, shoes, thermal underwear, gloves and scarves. Uniforms and official equipment will be furnished by the Authority. Personal accessories will be furnished by each employee. Employees will wear the approved uniform, and necessary personal clothing and accessories at all times while on duty. No part of the uniform may be worn for off-duty activities except when traveling to or from work. Uniforms shall be kept clean and in good repair at all times. Uniform items with buttons shall be kept buttoned. Alterations, variations or additions to the uniform, without the approval of the Supervisor are prohibited.

26.2 Accountability for Uniforms - Each employee shall report for duty as scheduled with the prescribed uniform for the current seasonal period in which the duty is being performed and as prescribed in advance by the supervisor. Employees will be held strictly accountable for the proper care, use and maintenance of all articles of uniform and official equipment furnished. After initial issuance for the articles of uniform, all items will be replaced by the Authority on an as needed basis. An old item being replaced must be returned. Any employee who loses or damages a uniform or any official equipment shall immediately report such damage or loss, in writing, to the Supervisor. Where it is shown that such loss or damage was caused by employee negligence, the employee shall be required to replace such property at their own expense. All uniforms and equipment are the property of the Authority, and must be returned upon resignation or termination. The Authority may withhold an employee's final pay pending return of uniform items.

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26.3 Identification Name Plate - The identification name plate shall be worn in a visible place (such as over the left breast) at all times by employees while on duty and in uniform. The name plate assists the public in identifying the employee to whom they are speaking when seeking information, and it helps the public identify a discourteous or rude employee. Absence of the identification name plate in a visible location on the uniform of an employee will result in disciplinary action.

26.4 Unionized employees should refer to the applicable CBA for any additional or controlling provisions.

27. CHAIN OF COMMAND

27.1 Purpose - The Authority manages a multi-million dollar business for the City of Albany. It is important that all employees understand and respect the delegation of duties and responsibilities in a chain of command where some have greater responsibilities and others have less. The Organization Chart at the front of this Operations Manual displays the chain of command. It shows how certain positions report to supervisory positions, and supervisors and managers report to the Board of Directors of the Authority. The Board of Directors adopts the policies and procedures to best serve the public. Employees faithfully implement the policies and procedures to the best of their ability.

28. COMPUTER/ELECTRONIC DEVICES/TELEPHONE USE POLICY

APA Telephone (Landline and Cellular) Usage

A. Guidelines - It is important to maintain good relations with the customers of the APA. When conducting APA business on the telephone, an employee must abide by the following guidelines:

 Employees must answer promptly and speak in a clear, friendly and courteous tone;  Collect calls may not be accepted without the approval of the supervisor;  An employee may not make personal calls, except in an emergency or to check briefly on family matters;  An employee may not make personal long-distance calls, except in an emergency. The employee must either use a personal calling card or reimburse the APA for the cost of the call;  Employees should answer telephones with: “Thank you for calling the Albany Parking Authority. This is ______. How can I help you?”

B. Cellular Phone Policy:

The APA recognizes that the use of APA owned cellular phones is sometimes necessary or appropriate to the conduct of APA business and that in the current telecommunications climate, the use of cellular phones by APA employees enhances work productivity, the effectiveness of APA operations and often, safety.

The authorization to issue an APA cellular phone shall be made by the Executive Director.

The assignment of an APA owned cellular phone is made to allow APA employees to conduct APA business. Accordingly, use of cellular phones is restricted and only official business of the APA may be the subject of such telephone calls.

However, it is anticipated that on occasion, an APA owned cellular phone may be used by an employee for personal calls. Employees who use APA issued cellular phones for personal use will be required to reimburse the APA for the cost of all personal calls.

Each employee who is issued a cellular phone shall be responsible for the security of the phone in his or her possession, and must take whatever steps are necessary to safeguard against loss or unauthorized use.

Employees may not use hand held cellular phones while driving APA vehicles in accordance with New York 27

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State Law. If an accident results while an employee is violating this policy, disciplinary action may result, including up to termination.

(i) Cell or Mobile Phone Use While Driving

The New York State law states “No person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion”. Using a hand held cell phone is defined as “holding a mobile telephone to, or in immediate proximity of, the user’s ear”.

(ii) Cell or Mobile Phone Use While on Duty

Personnel will not engage in personal cell phone use, including text messaging, while doing their duty or assignment. This means that cell phone use or text messaging in APA vehicles or using APA equipment will be prohibited.

C. Telephone Policy:

The APA recognizes that employees must sometimes place or receive personal calls on APA telephones. However, the telephone system is intended for APA business, so it is essential that we keep personal use from interfering with that purpose.

If you must make a personal call, do so during non-work periods. Ask callers to minimize the time and number of calls you receive. Personal long distance calls may not be made from APA offices without advance approval from your department Manager. Personal long distance calls will only be approved in emergency situations by a department Manager. Employees will be required to reimburse the APA for the cost of all personal long distance calls.

Computer Systems and Internet/On-Line Service

Policy Statement – The APA encourages the use of the computer, E-mail and Internet systems because they make communication more efficient and effective. However, the computer system including E-mail and Internet are APA property and they are used only to facilitate APA business. Every employee has a responsibility to use these systems in a productive and respectful manner. Any unauthorized or improper use of E-mail or the Internet is not acceptable and will not be permitted. The APA has established the following guidelines for using these systems:

Unacceptable Uses of E-mail and Internet System:

 E-mail and Internet access may not be used for transmitting, retrieving or storing any communications of a defamatory or harassing nature or materials that are obscene or X-rated.  Harassment of any kind is prohibited by the APA’s policy regarding discriminatory harassment.  No messages with derogatory or inflammatory remarks about an individual’s sex, race, age, disability, religion or national origin or any class protected by law may be transmitted or forwarded using the APA’s system.  No abusive, profane or offensive language may be transmitted through the APA’s E-mail or Internet systems.  The APA’s anti-harassment policy applies in full to E-mail and Internet use.  Employees do not have a personal privacy right regarding any matter created, received, stored or sent from or on the APA’s E-mail or Internet system or computers.  The APA’s E-mail and Internet system may not be used for any other purpose that is illegal, against APA policy or contrary to the APA’s best interest.  Solicitation of non-APA business or any use of the APA’s E-mail or Internet system for personal gain is prohibited.  Social networking activities (i.e., Facebook, Twitter, MySpace and/or all other online communities or personal blogs) and messaging between mobile and portable devices (i.e., text messaging) should never be done on APA equipment. Such activities should only be done on personal time and personal equipment.

Rules for Electronic Communications:

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 Each employee is responsible for the content of all text, audio or images that he or she places on or sends over the APA’s E-mail or Internet system.  Employees may not hide their identities, represent that any E-mail or other electronic communications were sent from someone else or from someone from outside the APA.  Employees must include their name in all messages, communicated on the APA’s E-mail or Internet system.  Any messages or information sent by an employee to another individual outside the APA via APA E- mail or Internet system (including bulletin boards, online services or Internet sites) are statements that reflect on the APA. Despite personal “disclaimers” in electronic messages, any statements may be tied to the APA.  All communications sent by employees via the APA’s E-mail or Internet system must comply with all APA policies and may not disclose any confidential information.  If employees receive unsolicited E-mail from outside the APA that appears to violate this policy, the employee should notify his or her supervisor immediately. Similarly, if any employee accidentally accesses an inappropriate web site in the normal course of business, the employee should notify his or her supervisor immediately.

Use of Software:

 To prevent the downloading of computer viruses that could contaminate the computer system, no employee may download software from the Internet or install any personal software without prior authorization from the APA.  Software and other documents or files that are developed or created by APA employees using the APA computer system are the property of the APA. Therefore, employees must return all software and memory and/or storage devices to the APA upon leaving APA employment.

Copyright and Trademark Issues:

 Copyrighted and trademarked material that does not belong to the APA, may not be transmitted by employees on the APA’s E-mail or Internet system without permission from the holder of the copyright or trademark.  Every employee who obtains access to other companies’ or individuals’ material must respect all copyrights and trademarks and may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy for reference only.

System Security:

 The APA reserves the right to monitor how employees use the computer system, including E-mail or Internet.  All messages created, sent or received over the APA’s E-mail or Internet system are the APA’s property and should not be considered private information.  The APA reserves the right to access and monitor every message and file on the APA’s E-mail or Internet system as well as APA computers. Despite the existence of any passwords, employees should not assume that any electronic communication or documents stored on APA computers are private.  Users shall take all reasonable precautions, including: safeguarding their passwords, maintaining reasonable physical security around APA equipment, and logging off unattended workstations. It is the responsibility of each user to ensure that computers or additional computing resources which have been assigned to them (or in their office) are controlled and physical security is provided to protect against unauthorized use, damage or loss. A user who is logged on to an APA computer is responsible for any activity that occurs from within that account or on that computer during that sign-on.  Users shall not effectuate, or attempt to effectuate, access to any system or account for which the person is not an authorized user. This includes obtaining a password for or logging into another account without the consent of the account owner. It is the responsibility of each user to ensure that passwords are not revealed to anyone, nor should they allow another person to use their account unless authorized by an immediate supervisor or department head for a specific purpose. Passwords should be changed frequently.

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 The Internet does not guarantee the privacy and confidentiality of information. Sensitive material transferred over the Internet may be at risk of detection by a third party. Therefore, highly confidential information should be transmitted in other ways.

Social Networking and Messaging Issues:

 The APA acknowledges that social networking and messaging exists and neither encourages it nor discourages it. However, the APA prohibits social networking and messaging done on APA equipment or APA time.  Since much of the information obtained during the course of employment may be subject to confidentially, none of this information shall be used during social networking or messaging.  Any social networking or messaging done by an APA employee cannot be reflective of the APA or reflective of you as an employee of the APA, and any blog shall not contain any information that may be obtained from the normal course of your employment with the APA.  Personal blogs should have clear disclaimers that the views expressed by the author in the blog is the author’s alone and do not represent the views of the APA. Be clear and write in first person. Make your writing clear that you are speaking for yourself and not on behalf of the APA. Despite disclaimers, your web interaction can result in members of the public forming opinions about the APA and its employees, partners, customers, clients or products.  Information published on your blog(s) should comply with the APA’s confidentiality and disclosure of proprietary data policies. This also applies to comments posted on other blogs, forums and social networking sites.  APA logos and trademarks may not be used without written consent from the APA Supervisor.  You are not authorized to speak on behalf of the APA, or to represent that you do so.  You are legally liable for anything you write or present online. Employees can be disciplined by the APA for commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment. You can also be sued by APA employees and any individual or company that views your commentary, content, or images as defamatory, pornographic, proprietary, harassing, libelous or creating a hostile work environment, or otherwise contrary to applicable law.  You may not sell any product or service.  Media contacts or inquiries about the APA and their current and potential product, employees, partners, clients and customers should be referred for coordination and guidance to the APA Supervisor.

29. Tuition Assistance Program

29.1 – Purpose The Albany Parking Authority encourages employees to pursue educational activities that are directly related to their jobs during off-duty hours at an accredited higher or secondary educational institutions, also including technical schools.

29.2 – Eligibility Employees of the Albany Parking Authority qualify to apply for the Tuition Assistance program if they meet the following criteria: A. They are regular full-time or part-time employees (i.e year-round employees) B. They have a minimum of six months continuous service. C. Employees must remain in the APA’s employment through course completion to qualify for assistance. D. An employee who leaves APA service less than 6 months after completing a course, must refund such reimbursement to the APA. The employee agrees that repayment may be deducted from the employee’s final paycheck if another reimbursement plan is not mutually agreed upon.

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29.3- Program Criteria A. A course must be directly related to an employee’s job and/or responsibilities. B. Upon presentation of proof that a passing grade has been achieved, the Albany Parking Authority agrees to reimburse the employee for the amount of tuition which is equivalent to the number of credit hours times the prevailing cost per credit hour at the University at Albany. The amount of reimbursement cannot exceed the total cost of the course. C. Exclusions for reimbursement of the program are the following: meals, lodging, transportation, parking, books, and other expenses indirectly or incidentally related to the educational activity. D. The maximum reimbursement an employee may receive per calendar year is up to $3,000.00. ($1,500 per semester- Fall, Spring, Winter, Summer) E. Employees are eligible for the program as long as funds are available. F. The Program can be terminated or modified at any time, subject to the Albany Parking Authority’s sole discretion. G. This program is not intended to pay for an employee to obtain a degree. 29.4 Program Procedure A. The employee must provide his or her manager with information about the course for which he or she would like to receive tuition assistance.

B. The reimbursement form should be completed with the required signatures prior to enrolling.

C. The Executive Director and the Director of the department are the required signatures.

D. The employee must then take the form to HR, and a copy will be added to the employee’s file.

E. After completion of the course, the employee should provide receipts and evidence of a passing grade or certification attached.

30. Parental Leave

30.1 Upon submission of a request form, an employee who occupies a regular full-time position (i.e.- year- round employee) will be granted parental leave of absence (“Parental Leave”), in connection with the birth or adoption of a child of the employee or the employee’s spouse. Such leave must be taken approximate in time, and subsequent, to such birth or adoption to be used for the care of the child.

30.2 Upon the birth of the child and or adoption, all of the employee’s sick, personal, and compensation leave credits available need to be first exhausted by the employee prior to being placed on parental leave. Following the exhaustion of the employee’s sick, personal and compensation leave credits, the employee shall be eligible to receive parental leave in the form of (i) full-pay for up to five (5) weeks; or (ii) half-pay for up to ten (10) weeks without charge to accrued leave credits. Leave credits will not be earned during the period of parental leave. After the period of parental leave has been exhausted, the employee may be allowed to use available vacation time, as approved by the APA in accordance with standard vacation policies and procedures. The total absence from work, which shall not exceed six (6) months, may be extended by the Executive Director of the Albany Parking Authority for up to one year depending on the circumstances presented by the employee. Parental leave will run concurrently with Family Medical Leave Act (FMLA).

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30.3 To be eligible for parental leave, the employee is required to provide written documentation to the department head the existence of pregnancy no later than the end of the fourth month of pregnancy or if employee has decided to adopt. The employee will have the option to choose to receive parental leave at full- pay for five (5) weeks or half-pay for ten (10) weeks. The employee must decide which option not later than the end of the sixth (6) month of pregnancy or at the time of notification of the adoption. If no decision is made prior to this deadline, and the employee goes on parental leave, the employee will automatically be enrolled at five (5) weeks at full-pay, unless the APA agrees to change the type of leave before the birth or adoption.

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APPENDIX

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

FORM A

APA

DISCRIMINATORY HARASSMENT COMPLAINT FORM:

This form may be used to file a charge of harassment which is a form of discrimination prohibited by federal law and the New York State Human Rights Law.

It in no way deprives you of the right to file a complaint with the US Equal Employment Opportunity Commission, New York State Division of Human Rights, or the Federal/State courts. ______

(PLEASE PRINT OR TYPE)

1. Name ______Phone Number ______Residence ______Mailing Address (if different from residence) ______City ______State ______Zip Code ______

2. Department that you work in ______

3. (a) Have you filed this charge with a Federal, State or local government agency? YES/NO: ______When ______Where ______(Month/Day/Year)

(b) Have you instituted a suit or court action on this charge? YES/NO: ______When______Where ______(Month/Day/Year)

(AN AFFIRMATIVE REPLY TO THIS QUESTION WILL IN NO WAY STOP AN APA REVIEW OF YOUR COMPLAINT)

4. Alleged Discrimination Occurred on or about: Month: ______Day: ______Year: ______Time: ______

Is this alleged discrimination continuing: YES _____ NO_____

Describe the alleged act of harassment. Use additional sheets if necessary. ______

5. Indicate the name(s) of the alleged harasser(s): ______

6. State the name(s) of any potential witness(es): ______

7. I swear or affirm that I have read the above related facts and that the statements are true and correct to the best of my knowledge, information and belief.

Date: ______(sign your name)

-INFORMATION PROVIDED WILL BE CONFIDENTIALLY MAINTAINED-

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FORM B

APA

NOTICE OF WITHDRAWAL OF COMPLAINT OF DISCRIMINATORY HARASSMENT

COMPLAINANT'S NAME: ______TITLE AND DEPARTMENT: ______DATE COMPLAINT FILED: ______MANAGER NOTIFIED: ______

I hereby withdraw this complaint and agree that no further internal action is required on it.

______Complainant's Signature Date

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ALBANY PARKING AUTHORITY Effective Date: May 1, 1999 POLICIES and PROCEDURES OPERATIONS MANUAL Revision Date: January 30, 2013; August 4, 2016, June 8, 2017

FORM C

APA

NOTICE OF RESOLUTION OF COMPLAINT OF DISCRIMINATORY HARASSMENT

COMPLAINANT'S NAME:

______

WORK SITE: ______

DATE COMPLAINT FILED: ______

PERSON COMPLAINED OF: ______

TITLE AND DEPARTMENT: ______

RESOLUTION: ______

______

______

______

BY SIGNING BELOW, ALL PARTIES SIGNIFY THAT THEY AGREE TO THE TERMS BY WHICH THIS COMPLAINT WAS RESOLVED AND FURTHER AGREE THAT NO FURTHER INTERNAL ACTION IS REQUIRED ON THIS COMPLAINT.

______COMPLAINANT DATE

______PERSON COMPLAINED OF DATE

______MANAGER DATE

______EXECUTIVE DIRECTOR DATE

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FORM D

APA

NOTICE OF APPEAL OF DECISION OF THE MANAGER

COMPLAINANT'S NAME:

______

TITLE AND DEPARTMENT: ______

DATE COMPLAINT FILED:

______I hereby appeal the determination of the Manager in this matter to the Executive Director and ask that the Executive Director render a final determination.

______Complainant's Signature Date

Details of Appeal:

______

______

______

______

______

______

______

______

(Submit Appeal Notice to Executive Director)

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FORM E

APA

Workplace Violence Prevention Program

Acknowledgement

(To be placed in the employees personnel file) ______

I hereby acknowledge that I have received, read and understand the APA Workplace Violence Prevention Program and agree to review any changes or modifications to this policy.

Signature: ______Date: ______

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