RESOLUTION NO. 1420
A RESOLUTION TO ADOPT PERSONNEL POLICIES AND PROCEDURES AND REPEAL THE PRIOR POLICY, RESOLUTION NO. 1288, AND AMENDMENTS
WHEREAS, the City of St. Helens adopted a Personnel Policy on December 1, 1999; and
WHEREAS, it has been amended five times by Resolution Nos. 1311, 1372, 1373, 1405, and 1414; and
WHEREAS, from time to time the Council deems it necessary to update the Policies and Procedures and incorporate all amendments.
NOW THEREFORE, IT IS HEREBY RESOLVED by the Common Council of the City of St. Helens that:
1. Resolution Nos. 1288, 1311, 1372, 1373, 1405, and 1414 are hereby repealed; and
2. The City of St. Helens Personnel Policies and Procedures, as set forth in Exhibit A, which is attached hereto and by this reference incorporated herein, is adopted in its entirety as the Personnel Policies and Procedures for the City of St. Helens.
PASSED AND ADOPTED by the City Council on March 1, 2006, by the following vote:
Aye: Youngberg, Locke, Grant, Huff, Peterson
Nay: None
APPROVED by the Mayor: March 1, 2006
Attested by:
/s/ Brian D. Little /s/ Randy Peterson Brian D. Little, City Recorder Randy Peterson, Mayor
Resolution No. 1420
City of St. Helens
Personnel Policies and Procedures
Issue Date: March 2006 Resolution No. 1420 Adopted: March 1, 2006
Personnel Policies & Procedures - March 2006 1
TABLE OF CONTENTS
Introductory Statement...... 6 Employee Acknowledgement Form ...... 7 Equal Employment Opportunity ...... 8 Appointment...... 8 Business Ethics and Conduct ...... 9 Immigration Law Compliance...... 10 Outside Employment...... 10 Disability Accommodation...... 10 ADA Grievance Procedure...... 11 Employment Categories...... 12 Access to Personnel Files...... 12 Introductory Period...... 13 Performance Evaluation...... 13 Employee Benefits ...... 14 Vacation Benefits...... 14 Holidays ...... 15 Sick Leave Benefits...... 16 Donated Leave Program ...... 17 Bereavement Leave...... 17 Benefits Continuation (COBRA)...... 18 Educational Assistance...... 18 Health Insurance ...... 19 Short-Term Disability...... 19 Long-Term Disability...... 19 Public Employee’s Retirement System ...... 20 Employee Assistance Program ...... 20 Personal Leave ...... 21 Family Medical Leave – Part A (Qualifying Employees) ...... 21 Duration of Leave...... 22 Leave Eligibility...... 22 Definition of Serious Health Condition ...... 22 Child/Family Care Leave...... 22 Leave for Employee’s Serious Health Condition...... 23 Leave Entitlement...... 23
Personnel Policies & Procedures - March 2006 2 Reinstatement Rights...... 23 Family Medical Leave – Part B (Ineligible Employees)...... 24 Paydays ...... 24 Safety ...... 24 Return to Work Program ...... 25 Work Schedules...... 25 Use of Telephones...... 25 Overtime ...... 26 Overtime Authority ...... 26 Overtime Pay ...... 26 Comp. Time Policy ...... 26 Comp. Time Accumulation Limits...... 26 Call Time Policy ...... 26 Standby Time...... 26 Other ...... 27 Longevity Pay and Retirement...... 27 Use of Equipment ...... 27 Inclement Weather...... 28 Emergency Situations ...... 28 Business Travel Expenses...... 29 Employee Reimbursable Expenses ...... 29 Mileage...... 29 Lodging ...... 30 Meals...... 30 Clothing Allowance...... 30 Physical Fitness ...... 31 Physical Examinations for Commercial Driver Licenses ...... 31 Use of Credit Cards ...... 31 Computer and E-mail Usage...... 32 Computer Hardware and Software...... 32 Electronic Equipment ...... 33 Telecommunications ...... 34 Employee Conduct and Work Rules ...... 34 Drug and Alcohol Use ...... 34 Smoking ...... 36 Sexual and Other Unlawful Harassment...... 36
Personnel Policies & Procedures - March 2006 3 Personal Appearance ...... 37 Resignation ...... 38 Drug Testing ...... 38 Progressive Discipline...... 38 Problem Resolution...... 39 Exempt Employees ...... 40
Personnel Policies & Procedures - March 2006 4 Welcome new employee!
On behalf of your colleagues, I welcome you to the City and wish you every success here.
We believe that each employee contributes directly to the City's growth and success, and we hope you will take pride in being a member of our team.
This handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of the employee handbook as soon as possible, for it will answer many questions about employment with the City.
These guidelines are provided to maintain uniformity and equity in personnel matters until a change is made by the City Council. All employees serve at the pleasure of the City Council. These guidelines may be changed by the City Council at anytime. Individual departments may have additional policies to cover specific issues relative to specific departments. In addition, where the City has a collective bargaining agreement (CBA) with employees covered by a bargaining unit, the CBA takes precedence over these policies where a conflict arises. When the CBA is silent on an issue, these policies and procedures apply. The Council periodically amends these policies for management flexibility and clarification. This document is not a contract, or guaranteeing employment for any specific duration.
We hope that your experience here will be challenging, enjoyable and rewarding. Again, welcome!
Sincerely,
Personnel Policies & Procedures - March 2006 5
INTRODUCTORY STATEMENT
This handbook is designed to acquaint you with the City and provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read, understand, and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the programs developed by the City to benefit employees. One of our objectives is to provide a work environment that is conducive to both personal and professional growth.
No employee handbook can anticipate every circumstance or question about policy. As the City continues to grow, the need may arise and the City Council reserves the right to revise, supplement, or rescind any policies or portion of the handbook from time to time as it deems appropriate, in its sole and absolute discretion. The only exception to any changes is our employment-at-will policy permitting you or the City, with just cause, to end our relationship for any reason at any time. Employees will, of course, be notified of such changes to the handbook as they occur.
Personnel Policies & Procedures - March 2006 6
EMPLOYEE ACKNOWLEDGEMENT FORM
The employee handbook describes important information about the City, and I understand that I should consult the City Administrator regarding any questions not answered in the handbook.
Since the information, policies, and benefits described here are necessarily subject to change, I acknowledge that revisions to the handbook may occur. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies. Only the City Council has the ability to adopt any revisions to the policies in this handbook.
Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it.
EMPLOYEE'S NAME (printed):
EMPLOYEE'S SIGNATURE:
DATE:
Personnel Policies & Procedures - March 2006 7 Equal Employment Opportunity
In order to provide equal employment and advancement opportunities to all individuals, employment decisions at the City will be based on merit, qualifications, and abilities. The City does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law.
The City of St. Helens will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.
Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the City Administrator. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.
Appointment
Employees are agents of the public and hold their positions for the benefits of the public. The employees are bound to uphold the Constitution of the United States of America and the State of Oregon, and are required to administer impartially the laws of the Nation, State, and City. A. All original appointments to vacancies shall be made solely on the basis of merit, efficiency, and ability to do the job. These qualities shall be determined through careful and impartial evaluation of the following: 1. The applicant’s level of training relative to the requirements of the position for which he or she has applied. 2. The applicant’s level of education relative to the requirements of the position. 3. The applicant’s physical fitness relative to the requirements of the position. 4. The results of an oral interview. 5. Whenever practical, the results of a competitive, written examination, or demonstration test, which shall be a fair and valid test of the abilities and aptitudes of applicants for the duties performed. 6. All other factors being equal and considering the affirmation action policy, current City employees shall receive a preference for original appointments to vacancies. B. No question in any test, in any application form, or posed by any appointment power shall be so framed as to attempt to elicit information concerning race, color, national origin, sex, age, physical condition, religious or political affiliation for the purpose of discrimination. Any collection of data concerning race, color, national origin, sex, age, physical disability, religious or political affiliation for the purposes of affirmative action, or as required for any grant or program shall be conducted in a manner to separate that data from the information utilized by the appointing authority in making a hiring decision.
Personnel Policies & Procedures - March 2006 8 C. All statements submitted on the employment application or attached to the resume shall be subject to investigation and verification prior to appointment. A false or incorrect statement shall constitute cause for elimination from selection or termination, if the applicant has been hired. D. Appointments to regular positions shall be identified as “regular full-time” or “regular part- time” at the time of appointment. 1. Regular full-time employees regularly working more than 37 hours per week all year receive the full benefits outlined in these policies, and the salary schedule. 2. Part-time employees are workers hired for less than 37 hours per week all year. These employees do not receive health, life term coverage’s, vacation, sick leave, longevity, disability coverage, or holidays. E. New employees shall be placed at the minimum rate within the assigned range unless special qualifications or labor market conditions justify placement above or below that level. In no instance should new employees be placed more than two steps on the salary schedule above the range entry rate on the basis of specialized skills, experience, or unique labor market conditions unless otherwise authorized by the Council. Employees who are promoted to a classification with a higher entry level should be placed at the lowest salary step, which would result in a salary increase. Promotions should never occur just because an employee has reached the top of the range. F. A successful applicant shall pass a pre-employment drug-screening test for alcohol and controlled substances. G. The City upon request will provide reasonable accommodation in compliance with the Americans with Disabilities Act.
Business Ethics and Conduct
The successful business operation and reputation of the City of St. Helens is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity.
The continued success of the City is dependent upon our customers' trust and we are dedicated to preserving that trust. Employees owe a duty to the City, its customers, and the taxpayers to act in a way that will merit the continued trust and confidence of the public.
The City will comply with all applicable laws and regulations and expects its City Council, officers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. Specifically, ORS Chapter 244 outlines the ethical standards for public employees.
In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action the matter should be discussed openly with your immediate supervisor and, if necessary, with the City Administrator for advice and consultation.
Compliance with this policy of business ethics and conduct is the responsibility of every City employee.
Personnel Policies & Procedures - March 2006 9 Immigration Law Compliance
The City of St. Helens is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the City within the past three years, or if their previous I-9 is no longer retained or valid.
Employees with questions or seeking more information on immigration law issues are encouraged to contact the City Administrator. Employees may raise questions or complaints about immigration law compliance without fear of reprisal.
Outside Employment
Permission to work at outside employment while being a full-time employee of the City of St. Helens must be given by the department head. Part-time employees must notify their department head of their outside employment and changes in their outside employment. In order to be approved, outside employment must: Be compatible with the employee’s City duties. In no way detract from the efficiency of the employee in performing City duties. In no way discredit City employment. Not be given preference over extra duty required or anticipated in City employment. If the City determines that an employee's outside work interferes with performance or the ability to meet the requirements of the City as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with the City.
Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income or material gain from individuals outside the City for materials produced or services rendered while performing their jobs.
Substantial changes in hours and responsibilities of approved outside employment must be reported to the department head. The department head may at any time, upon reasonable grounds, revoke permission to hold outside employment.
Disability Accommodation
The City is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis.
Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position.
Personnel Policies & Procedures - March 2006 10 Reasonable accommodation is available to all disabled employees, where their disability affects the performance of job functions. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual.
Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees on an equal basis.
The City is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. The City will follow any state or local law that provides individuals with disabilities greater protection than the ADA.
This policy is neither exhaustive nor exclusive. The City is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws.
ADA Grievance Procedure
The following grievance procedure is established to meet the requirements of the Federal Americans with Disabilities Act (ADA) of 1990. This grievance procedure should be used by any individual who wishes to file a complaint alleging discrimination on the basis of an ADA violation in the areas of employment, programs and services, and public transportation by the City of St. Helens. The grievance should be in written form and contain as much information as possible about the alleged discrimination. (Other arrangements for submission of a grievance such as a personal interview or tape recording will be made available for the visually- impaired or those with motor impairments.) The grievance should be submitted within 180 calendar days from the date of the alleged discrimination to: City Administrator City of St. Helens 265 Strand Street P.O. Box 278 St. Helens, OR 97051 Telephone: 503.397.6272 Fax Number: 503.397.4016 Office Hours: Monday through Friday 8:30 a.m. to 5:00 p.m. Within 15 working days of receipt for the complaint, the City Administrator will respond in writing (or a method understood by the complainant) to the complainant. The response will offer a resolution or explain the position of the City of St. Helens with respect to the complaint. If the response from the City Administrator is not sufficient or does not satisfactorily resolve the issue, the complainant may request a hearing, within 15 working days of the response, before the St. Helens City Council for resolution. That request should be submitted to the City Administrator at the above address. Within 30 calendar days of the hearing, the complainant will receive a final resolution in writing (or a method understood by the complainant) as proposed by the City Council.
Personnel Policies & Procedures - March 2006 11 All complaints received by the City Administrator and responses from the Administrator or City Council will be kept by the City of St. Helens for a period of three years.
Employment Categories
It is the intent of the City to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility.
Each employee is designated as either NONEXEMPT or EXEMPT from federal and state wage and hour laws. NONEXEMPT employees are entitled to overtime pay under the specific provisions of federal and state laws. EXEMPT employees are excluded from specific provisions of federal and state wage and hour laws. An employee's EXEMPT or NONEXEMPT classification may be changed only upon written notification by the City management.
In addition to the above categories, each employee will belong to one other employment category:
REGULAR FULL-TIME employees are those who are not in a temporary or introductory status and who are regularly scheduled to work the City's full-time schedule. Generally, they are eligible for the City's benefit package, subject to the terms, conditions, and limitations of each benefit program.
REGULAR PART-TIME employees are those who are not assigned to a temporary or introductory status and who are regularly scheduled to work less than the full-time work schedule, but at least 20 hours per week. Regular part-time employees are eligible for some benefits sponsored by the City, subject to the terms, conditions, and limitations of each benefit program.
INTRODUCTORY (sometimes referred to as trial or probationary) employees are those whose performance is being evaluated to determine whether further employment in a specific position or with the City is appropriate. Employees who satisfactorily complete the introductory period will be notified of their new employment classification.
Access to Personnel Files
The City maintains a personnel file on each employee. The personnel file includes such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records.
Personnel files are the property of the City, and access to the information they contain is restricted. Generally, only supervisors and management personnel of the City who have a legitimate reason to review information in a file are allowed to do so.
Employees who wish to review their own file should contact the City Administrator. With reasonable advance notice, employees may review their own personnel files in the City's offices and in the presence of an individual appointed by the City to maintain the files.
Personnel Policies & Procedures - March 2006 12 Introductory Period
The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The City uses this period to evaluate employee capabilities, work habits, and overall performance.
All new and rehired employees work on an introductory basis not less than 6 months after their date of hire. Employees who are promoted or transferred within the City must complete a secondary introductory period of the same length with each reassignment to a new position. Any significant absence will automatically extend an introductory period by the length of the absence. If the City determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended for a specified period.
In cases of promotions or transfers within the City, an employee who, in the sole judgment of management, is not successful in the new position can be removed from that position at any time during the secondary introductory period. If this occurs, the employee may be allowed to return to his or her former job or to a comparable job for which the employee is qualified, depending on the availability of such positions and the City's needs.
Upon satisfactory completion of the initial introductory period, employees enter the "regular" employment classification.
During the initial introductory period, new employees are eligible for those benefits that are required by law, such as workers' compensation insurance and Social Security. The employee shall not be eligible for sick leave benefits until a full calendar month has been worked. However, employees shall earn credit for both vacation and sick leave to be taken at a later date, which is earned starting on the first of the month, of the first full month worked. After becoming regular employees, they may also be eligible for other the City-provided benefits, subject to the terms and conditions of each benefits program. Employees should read the information for each specific benefits program for the details on eligibility requirements.
Benefits eligibility and employment status are not changed during the secondary introductory period that results from a promotion or transfer within the City.
Performance Evaluation
Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Formal performance evaluations are conducted at the end of an employee's initial (introductory) period in any new position. This period, known as the introductory period, allows the supervisor and the employee to discuss the job responsibilities, standards, and performance requirements of the new position. Additional formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals.
Performance evaluations are scheduled approximately every 12 months after their initial evaluation. Special evaluations may be done at any time.
Personnel Policies & Procedures - March 2006 13
Employee Benefits
Eligible employees at the City are provided a wide range of benefits. A number of the programs (such as Social Security, workers' compensation, state disability, and unemployment insurance) cover all employees in the manner prescribed by law.
Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in these policies and procedures.
The following benefit programs are available to eligible employees:
* Auto Mileage * Bereavement Leave * Child Care Assistance * Deferred Compensation (457b) * Dental Insurance * Employee Assistance Program * Family Leave * Health Club * Health Insurance * Holidays * Jury Duty Leave * Life Insurance * Long-Term Disability * Pharmacy * Retirement (PERS or OPSRP) * Short-Term Disability * Sick Leave Benefits * Vacation Benefits * Vision Care Insurance
Some benefit programs require contributions from the employee, but most are fully paid by the City.
Vacation Benefits
Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy:
* Regular full-time employees
The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule:
1. 6.667 hours per month from one month to 48 months. 2. 10 hours per month from 49 months to 108 months. 3. 13.334 hours per month from 109 months to 168 months. 4. 16.667 hours per month from 169 months to 228 months.
Personnel Policies & Procedures - March 2006 14 5. 20 hours per month after 229 months.
The length of eligible service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee starts to earn vacation time. An employee's benefit year may be extended for any significant leave of absence except military leave of absence. Military leave has no effect on this calculation. (See individual leave of absence policies for more information.)
Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. However, before vacation time can be used by a new hire, a waiting period of 365 calendar days must be completed. After that time, employees can request use of earned vacation time including that accrued during the waiting period. Regular employees with more than one year with the City may take vacation time as it is accrued with supervisors permission and consistent with any established collective bargaining agreement.
Paid vacation time can be used in minimum increments of one-quarter hour. To take vacation, employees shall request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements.
Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.
Vacation leave shall be taken in the 18-month period following the year in which it is earned unless special written arrangements are made with the City Administrator or the supervisor. Failure to make such arrangements will result in the employee’s loss of the accumulated vacation time over the allowable amount, starting January 1, 1996. An employee who separates from the City service shall receive payment for unused vacation leave to which the employee would otherwise be entitled as of the date of separation in a lump sum at the rate of pay applicable at the time of separation, providing the employee has been established at the pay rate for the minimum of 45 days.
Holidays
The City will grant holiday time off to all employees on the holidays listed below:
* New Year's Day (January 1) * Martin Luther King, Jr. Day (third Monday in January) * Presidents' Day (third Monday in February) * Memorial Day (last Monday in May) * Independence Day (July 4) * Labor Day (first Monday in September) * Veterans' Day (November 11) * Thanksgiving (fourth Thursday in November) * Day after Thanksgiving * Christmas Eve (December 24), except for employees covered by the St. Helens Police Association CBA * Christmas (December 25) *Two Floating Holidays with prior approval of a supervisor
The City will grant paid holiday time off to all Regular full-time employees immediately upon
Personnel Policies & Procedures - March 2006 15 assignment to an eligible employment classification. Holiday pay will be calculated based on the employee's straight-time pay rate (as of the date of the holiday) times eight hours.
A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday. In the case where the Friday or Monday is also an observed holiday, the preceding Thursday or following Tuesday shall be observed as the holiday.
If a recognized holiday falls during an eligible employee's paid absence (such as vacation or sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied.
If eligible nonexempt employees work on a recognized holiday, they will receive holiday pay plus wages at their straight-time rate for the hours worked on the holiday.
Included above for eligible employees are 2 floating holidays in each anniversary year except in the first fiscal year of employment. If hired after July1 and before January 1, then the employee is eligible for one floating holiday. If hired on January 1 or later, the employee is not eligible for any floating holiday. Thereafter, at the beginning of the next fiscal year (July 1) the employee shall be eligible for the floating holidays. These holidays must be scheduled with the prior approval of the employee's supervisor.
Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime.
Sick Leave Benefits
The City provides paid sick leave benefits to all regular full-time employees for periods of temporary absence due to illnesses or injuries.
Eligible employees will accrue sick leave benefits at the rate of 12 days per year (1 day for every full month of service). Sick leave benefits are calculated on the basis of a "benefit year," the 12-month period that begins when the employee starts to earn sick leave benefits. Accrual of sick leave benefits begin on the first working day of the first full month the employee works.
Employees can request use of paid sick leave after completing a waiting period of 30 calendar days from the date they become eligible to accrue sick leave benefits. Paid sick leave can be used in minimum increments of 15 minute. Eligible employees may use sick leave benefits for an absence due to their own illness or injury or that of a family member who resides in the employee's household, or that of an immediate family member (employee’s parents, step- parents, brother, sister, son or daughter, or grandchild) where the employee’s presence is required because of illness. The City has the duty to require that the employee make other arrangements within a reasonable amount of time, for the attendance upon children or other persons in the employee’s care.
Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence. If an employee is absent for three or more consecutive days due to illness or injury, a physician's statement must be provided verifying the disability and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well and may be required as a condition to receiving sick leave benefits.
Personnel Policies & Procedures - March 2006 16 Sick leave benefits will be calculated based on the employee's base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, bonuses, or shift differentials. As an additional condition of eligibility for sick leave benefits, an employee on an extended absence must apply for any other available compensation and benefits, such as workers' compensation. Sick leave benefits will be used to supplement any payments that an employee is eligible to receive from state disability insurance, workers' compensation or the City-provided disability insurance programs. The combination of any such disability payments and sick leave benefits cannot exceed the employee's normal weekly earnings.
Unused sick leave benefits will be allowed to accumulate until the employee has accrued a total of 150 calendar days worth of sick leave benefits. If the employee's benefits reach this maximum, further accrual of sick leave benefits will be suspended until the employee has reduced the balance below the limit.
Sick leave benefits are intended solely to provide income protection in the event of illness or injury, and may not be used for any other absence. Unused sick leave benefits will not be paid to employees while they are employed or upon termination of employment accept as allowed in the Longevity Pay and Retirement Age section.
Abuse of sick leave privileges may result in disciplinary action.
All City employees are covered for on-the-job injury or illness under the City’s workers compensation insurance program which is presently administered by SAIF. When an employee must take a leave due to a job related disability, he or she will receive compensation from the insurance carrier in addition to the amount of the City with the total of the two equal to the employee’s regular gross pay. An employee’s sick leave account shall be reduced at a rate of one day for each eight (8) hours of sick leave paid by the City.
Donated Leave Program
The City has implemented a leave donation program to assist regular employees who have as a result of extended or catastrophic illness and/or injury exhausted all accumulated leave (sick, vacation, personal, and compensatory time) and are not receiving workers’ compensation or retirement benefits.
Employees may voluntarily donate vacation leave, sick leave, or compensatory time in increments of one hour or more to an eligible employee’s sick leave account, based on the conversion of the donor’s salary rate to sick leave hours at the donee’s salary rate.
Donors are prohibited from recovering any unused hours from the donee’s sick leave account once donation has been credited. Donations are required to be documented, including the donor’s signature and any verification of need of the employee receiving donations. Request to donated leave must be made to the City Administrator or his/her designation.
Bereavement Leave
Employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately.
Up to 3 days of paid bereavement leave will be provided to Regular full-time employees for intrastate and 5 days if out-of-state travel is required. Personnel Policies & Procedures - March 2006 17
Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials.
Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. Employees may, with their supervisors' approval, use any available paid leave for additional time off as necessary.
The City defines "immediate family" as the employee's spouse, parent, aunt, uncle, grandparent, child, sibling; the employee's spouse's parent, grandparent, child, or sibling.
Benefits Continuation (COBRA)
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City's health plan when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group rates plus an administration fee. The City provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under the City's health insurance plan. The notice contains important information about the employee's rights and obligations.
Educational Assistance
The City encourages training and educational opportunities for its regular full-time employees to allow promotion from within existing employees whenever possible. Seminars, training opportunities, conferences, or conventions shall be the decision of the department head. Permission shall be granted on the basis of available time, budget constraints, and the relationship of the training to the employee’s job. For required training, an employee sent to such training will have instructional fees, lodging, meals and travel paid for by the City. Employees assigned to mandatory training activities will be paid at the regular rate or overtime rate, whichever is appropriate and according to BOLI standards and requirements. The City may also reimburse for higher education or vocational training after the higher education or vocational training class has been completed and when the following are met: • Courses must directly relate to the employee’s present or potential promotional assignment at the City. • The Department must have sufficient budgetary resources available prior to approval. The absence of budgeted funds is a reason for denial of the request. • The City shall reimburse for tuition expenses only. The reimbursement rate shall not exceed public institution charges for undergraduate courses. If graduate fees are charged, the City will reimburse based on the undergraduate rate.
Personnel Policies & Procedures - March 2006 18 • To participate in the City’s reimbursement policy as outlined in this section, an employee must submit a written request to his/her supervisor and obtain the approval from the department head prior to enrolling in the course. • Tuition reimbursement may be requested for only one course during any one quarter or semester. • The employee may not be receiving reimbursement from any other source. • The employee must submit evidence of satisfactory completion of the course, a grade, when reduced to standard numerical grading, of 2.5 or better (or “pass” in the case of a pass/fail class). • The employee shall refund the City a proportional amount of the course if the employee terminates employment or is terminated with cause within two calendar years of completion of the course. To determine the prorated amount, the cost of the course will be divided by 24 months and the employee will be responsible for repaying the cost of the course less the prorated amounts for the months worked since completion of the course. Employees will receive no compensation for time spent outside regular work hours participating in voluntary training activities for which they receive tuition reimbursement.
Health Insurance
The City's health insurance plan provides employees and their dependents access to medical, vision and dental insurance benefits. Regular full-time employees are eligible to participate in the health insurance plan.
Eligible employees may participate in the health insurance plan subject to all terms and conditions of the agreement between the City and the insurance carrier.
Details of the health insurance plan are described in the Summary Plan Description (SPD). An SPD and information on cost of coverage will be provided in advance of enrollment to eligible employees. Contact the City Administrator for more information about health insurance benefits.
Short-Term Disability
The City provides a short-term disability (STD) benefits plan to Regular full-time employees who are unable to work because of a qualifying disability due to an injury or illness.
Eligible employees may participate in the STD plan subject to all terms and conditions of the agreement between the City and the insurance carrier.
Disabilities arising from pregnancy or pregnancy-related illness are treated the same as any other illness that prevents an employee from working. STD benefits are offset by any workers' compensation benefits so that combined benefits do not exceed the maximum level.
Details of the STD benefits plan including benefit amounts, when they are payable, and limitations, restrictions, and other exclusions are described in the Summary Plan Description provided to eligible employees. Contact the City Administrator for more information about STD benefits.
Personnel Policies & Procedures - March 2006 19 Long-Term Disability
The City provides a long-term disability (LTD) benefits plan to help eligible employees cope with an illness or injury that results in a long-term absence from employment. LTD is designed to ensure a continuing income for employees who are disabled and unable to work.
Regular full-time employees may participate in the LTD plan subject to all terms and conditions of the agreement between the City and the insurance carrier.
Details of the LTD benefits plan including benefit amounts, and limitations and restrictions are described in the Summary Plan Description provided to eligible employees. Contact the City Administrator for more information about LTD benefits.
Public Employee’s Retirement System/Oregon Public Service Retirement Plan
So long as required by state law, all employees automatically become a member of Public Employee’s Retirement System (PERS) of the State of Oregon, if they are eligible immediately, or its successor plan, the Oregon Public Service Retirement Plan (OPSRP), after 6 consecutive months of uninterrupted service in any position which requires at least 600 hours of work per year.
The City has elected to pay the employee’s portion, called PERS/OPSRP pickup, on gross salary and wages as part of the compensation for all regular full-time employees and employees who work more than 600 hours per calendar year.
Employee Assistance Program
The City cares about the health and well-being of its employees and recognizes that a variety of personal problems can disrupt their personal and work lives. While many employees solve their problems either on their own or with the help of family and friends, sometimes employees need professional assistance and advice.
Through the Employee Assistance Program (EAP), the City provides confidential access to professional counseling services for help in confronting such personal problems as alcohol and other substance abuse, marital and family difficulties, financial or legal troubles, and emotional distress. The EAP is available to all employees and their immediate family members offering problem assessment, short-term counseling, and referral to appropriate community and private services.
The EAP is strictly confidential and is designed to safeguard your privacy and rights. Information given to the EAP counselor may be released only if requested by you in writing. All counselors are guided by a Professional Code of Ethics.
Personal information concerning employee participation in the EAP is maintained in a confidential manner. No information related to an employee's participation in the program is entered into the personnel file.
There is no cost for employees to consult with an EAP counselor. If further counseling is necessary, the EAP counselor will outline community and private services available. The counselor will also let employees know whether any costs associated with private services may be covered by their health insurance plan. Costs that are not covered are the responsibility of the employee. Personnel Policies & Procedures - March 2006 20
Minor concerns can become major problems if you ignore them. No issue is too small or too large, and a professional counselor is available to help you when you need it. Call the EAP at 1- 800-854-9968 to contact an EAP counselor.
Personal Leave
The City provides leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfill personal obligations. Regular full-time employees are eligible to request personal leave as described in this policy.
As soon as eligible employees become aware of the need for a personal leave of absence, they should request a leave from their supervisor.
Personal leave may be granted for a period of up to 90 calendar days every 1-year. With the supervisor's approval, an employee may take any available sick leave or vacation leave as part of the approved period of leave.
Requests for personal leave will be evaluated based on a number of factors, including anticipated workload requirements and staffing considerations during the proposed period of absence.
Subject to the terms, conditions, and limitations of the applicable plans, health insurance benefits will be provided by the City until the end of the month in which the approved personal leave begins. At that time, employees will become responsible for the full costs of these benefits if they wish coverage to continue. When the employee returns from personal leave, benefits will again be provided by the City according to the applicable plans.
Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment.
When a personal leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the City cannot guarantee reinstatement in all cases.
If an employee fails to report to work promptly at the expiration of the approved leave period, the City will assume the employee has resigned.
Family Medical Leave
PART A. Employees Who Qualify for a Leave Under the Family and Medical Leave Act of 1993, and Oregon Family Leave Act of 1995.
The company will grant a leave of absence to regular full-time and regular on-call employees (who meet the requirements described below) for the care of:
* A child after birth, within the first 12 months of birth; * To care for a newly adopted or newly placed foster child up to 18 years of age, or older than 18 if incapable of self care, within the first 12 months of placement; * To care for a extended illness spouse, child, parent or parent-in-law with a serious health condition; * The employees own serious health condition, which includes pregnancy disability; Personnel Policies & Procedures - March 2006 21 * To care for a child with an illness other than a serious health condition--Oregon Only.
Duration of Leave
Leaves will be granted for a period of up to twelve (12) weeks in any twelve-month period, (or longer by applicable state or local law). The twelve-month period is calculated by rolling backward 12 months from the date of the leave.
Leave Eligibility
To be eligible for Oregon Family Leave Act an Oregon employee must have:
* Completed at least 180 calendar days; * An average of 25 hours per week unless the leave is to care for a newly born or newly adopted or newly placed foster child. * Worked at a facility that employs at least 25 employees in the State of Oregon.
Employees who do not meet these requirements may apply for a leave of absence subject to the conditions described in Part B of this policy.
Definition of Serious Health Condition
A "serious health condition" is defined by the statute as an illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility; an illness, disease or condition that in the medical judgment of the treating health care provider poses an imminent danger of death, is terminal in prognosis with a reasonable possibility of death in the near future or requires constant care; or any period of disability due to pregnancy, or period of absence for prenatal care.
Child/Family Care Leave
If you request a leave of absence to care for a child after birth, adoption, or placement in your home for foster care, or to care for a covered family member with a serious health condition, you will be granted unpaid leave under the following conditions:
1. If the leave is planned in advance, you must provide your supervisor with at least 30 days notice prior to the anticipated leave date, using official Request for Family or Medical Leave Form.
2. If the leave is unexpected, you should notify your supervisor by filing the Request Form as far in advance of the anticipated leave date as is practicable. (Normally, this should be within two business days of when you become aware of your need for the leave.)
All benefits that operate on an accrual basis (for example, Vacation) will cease to accrue during the leave period. You will be required to use all accrued, unused paid time off during the leave period. Once such benefits are exhausted, the balance of the leave will be without pay.
All group health benefits (for example, medical, dental and prescription drug insurance) will continue during the leave, provided you continue regular employee contributions to these plans. (Other benefits, such as deferred compensation 457(b), life insurance and long-term disability will be governed in accordance with the terms of each benefit plan).
Employees requesting a leave to care for a covered family member with a serious health Personnel Policies & Procedures - March 2006 22 condition may be required to provide medical certification from the family member's physician attesting to the nature of the serious health condition, probable length of time treatment will be required and the reasons that the employee is required to care for this family member. Employees may also be required to provide additional physician's statements at the company's request. Further, the family member may be required to submit to medical examination by physicians designated by the company at its discretion and its expense.
Leave for Employee’s Serious Health Condition
If you request a leave of absence for your own serious health condition, in addition to the two conditions stated above you must:
1. Any time that you expect to be or are absent for more than three consecutive workdays as a result of your own serious health condition (including pregnancy), you will be required to submit appropriate medical certification from your physician. Such certification must include, at a minimum, the date the disability began, a diagnosis and the probable date of your return to work.
All benefit provisions in italics above apply here as well.
During your leave, you may also be required to provide the company with additional physicians statements, on request from the company or our insurance carriers, attesting to your continued disability and inability to work. You may also be required to submit to medical examinations by physicians designated by the company at its discretion and at its expense, at the beginning of, during, or at the end of your leave period, and to provide the company with access to your medical records as required.
Before you will be permitted to return from medical leave, you will be required to present a note from your physician indicating that you are capable of returning to work and performing the essential functions of your position with or without reasonable accommodation. Where required, the company will consider making reasonable accommodation for any disability you may have, in accordance with applicable laws.
Leave Entitlement
Leave taken to care for a child after birth, adoption, or placement in your home for foster care must be taken in consecutive workweeks. Leave taken for the employees or a covered family members serious health condition may be taken consecutively, intermittently or on a reduced work/leave schedule based on certified medical necessity. In such instances, the company will follow applicable federal and state laws in reviewing and approving such leave requests.
Reinstatement Rights
Eligible employees are entitled, on return from leave, to be reinstated to their former position or an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. Exceptions to this provision may apply if business circumstances have changed (for example, if the employees position is no longer available due to a job elimination). Exceptions may also apply for certain highly compensated employees under certain conditions. In addition, employees on a leave extension are not guaranteed reinstatement. These employees will be handled in accordance with the reinstatement provisions of Part B of this policy.
All questions regarding leaves of absence and Leave of Absence Request Forms should be directed to your Human Resources Director. Personnel Policies & Procedures - March 2006 23 PART B. Leaves for Employees Who Do Not Meet Their Respective Leave Eligibility Test Above
Full-time regular and on-call regular employees who have less than 180 calendar days of service and/or who average less than 25 hours per week prior to their leave, or who work at a facility that employs fewer than 25 employees may request leaves of absence for the reasons set forth above in Part A, subject to the following terms and conditions:
1. Leave requests must be made at least 30 days in advance of the date the employee would like the leave to begin or, in emergency situations, with as much advance notice as is practicable, using the official Leave of Absence Request Form. (Normally, this should be within two business days of when the need for the leave becomes known to the employee.)
2. The certification requirements and the conditions for required use of accrued time off, benefits accrual and continuation of group health insurance during leave set forth in Part A apply to all leave requests.
3. Leaves will be limited to a 30-day maximum duration, except leaves for the employee’s own serious health condition, which may be granted for up to a 12-week period and may be taken intermittently.
Reinstatement will not be guaranteed to any employee requesting a leave under this Part B. However, the company will endeavor to place employees returning from leave in their former position or a position comparable in status and pay, subject to budgetary restrictions, the company’s need to fill vacancies and its ability to find qualified temporary replacements.
Paydays
All employees are paid monthly on the last working day of the month. Each paycheck will include earnings for all work performed through the end of the previous payroll period. Full-time employees may select to have a regular mid month draw equaling up to 50% of the employee’s regular take home pay. Employees must submit written notice no later than the 15th for the next pay period.
In the event that a regularly scheduled payday falls on a day off such as a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday.
If a regular payday falls during an employee's vacation, the employee's paycheck will be available upon his or her return from vacation.
Employees may have pay directly deposited into their bank accounts if they provide advance written authorization to the City. Employees will receive an itemized statement of wages when the City makes direct deposits.
Safety
To assist in providing a safe and healthful work environment for employees, customers, and visitors, the City has established a workplace safety program. This program is a top priority for the City. Its success depends on the alertness and personal commitment of all.
The City provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor-employee meetings, bulletin board Personnel Policies & Procedures - March 2006 24 postings, memos, or other written communications.
Employees and supervisors receive periodic workplace safety training. The training covers potential safety and health hazards and safe work practices and procedures to eliminate or minimize hazards.
Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment.
In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefits procedures.
Return to Work Program
The City has developed a program designed to assist workers who are temporarily disabled due to an injury or illness. This program is called the Return to Work Program. When employees report injuries or illness, they will be given certain forms and may be sent to a doctor for examination and/or treatment. If the doctor determines that the employee qualifies for the City’s Return to Work Program, the doctor will complete the appropriate forms indicating the restrictions and conditions for transitional work. The City will then attempt to provide a modified work position until the employee is able to resume regular duties. All modified work is temporary in nature and is designed to facilitate a return to regular duties as soon as possible. Modified duty positions may be offered at any location or on any shift. Failure to report to work at the designated time and place will be regarded as voluntary resignation and could affect the employee’s time loss compensation. The City of St. Helens may modify, change, or discontinue the Return to Work Program position or conditions of the program at any time. Studies show that return to work programs are therapeutic and help speed the recovery process. In addition, injured employees stay in touch with the work environment and with fellow employees, which helps to facilitate a smooth opportunity for cross training and developing new skills.
Work Schedules
Work schedules for employees vary throughout our organization. Supervisors will advise employees of their individual work schedules. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week.
Use of Telephones
The telephone system is provided as a communication tool for employees to conduct City business and is solely the property of the City. Employees are to limit personal use of the
Personnel Policies & Procedures - March 2006 25 telephone system and in no instance shall use of the telecommunications system be used for personal gain.
To ensure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so.
Overtime
Overtime compensation is paid to all nonexempt employees in accordance with federal and state wage and hour restrictions. In addition, non-represented, non-exempt employees of the Police Department shall be subject to the same overtime rules as provided to employees of the Police Department that are covered by the Collective Bargaining Agreement with the recognized bargaining unit for the Police Department. General service non-represented , non-exempt employees shall be governed by the overtime rules in the Collective Bargaining Agreement as applies to those employees who are represented by the recognized bargaining unit for general service employees.
A. Overtime Authority. Department heads are authorized to establish working hours and schedules to meet their department workload efficiently with attention given to the “work week” established for compliance with the federal Fair Labor Standards Act (FLSA). Work shall be scheduled to minimize overtime by eliminating regularly scheduled overtime unless approved by the department’s Councilor as assigned by the Mayor. Holiday overtime shall be reduced by scheduling the minimum staff necessary for those days.
B. Overtime Pay. Overtime beyond the scheduled workday or workweek, must be authorized by the supervisor. Such authorized overtime shall be computed to the nearest fifteen (15) minutes and shall be compensated at the rate of one and one-half times the employee’s regular rate.
C. Comp Time Policy. Compensatory time off in lieu of overtime pay may be used by departments with the understanding and notice to the employees that employees may request payment for overtime during the same pay period. All overtime work compensated by compensatory time off shall be credited at time and one-half for the hours actually worked.
D. Comp Time Accumulation Limits. Employees shall be able to accrue a maximum of 80 hours of compensatory time. An employee who has requested the use of accumulated comp time or payment for accumulated comp time shall be permitted to use those hours off within a reasonable period after the request unless it would unduly disrupt department operations. Upon termination of employment, any employee with unused comp time shall be paid at the average regular rate during the last three years of employment for the number of unused compensatory hours.
E. Call Time Policy. Call time shall be in accordance with approved Collective Bargaining Agreements.
F. Standby Time. From time to time, emergencies arise in Public Works or the Waste Water Treatment and Collection and the Water System. The City needs to be able to respond to such emergencies for the safety and protection of its systems and the citizens of the City. Therefore, the City will require that the Departments of Waste Water Treatment and Personnel Policies & Procedures - March 2006 26 Collection and the Water System have someone on standby during non-working hours. The person designated as standby will be determined by the Public Works Supervisor, Waste Water Treatment Plant Superintendent, or their designee.
The City requires that the designated person be required to be able to respond by telephone within 15 minutes, and to be on site within one hour. The designated person shall carry a pager and will be on standby for one week at a time. Compensation will be eight hours regular pay for each week and then an additional four hours regular pay for each holiday during the week. Actual hours worked when responding to standby calls will be paid in accordance with the employee’s appropriate rate of pay. Such pay will be in addition to any standby pay.
G. City, State, or Federal rules sometimes require that personnel be on duty at other times rather than the City’s normal schedule work hours. During these times non-management employees, who are scheduled to work this as additional time, are either paid overtime or earn compensatory time off. When a Department Head is required to work hours not normal to his or her regular work hours, the Department Head shall be paid for the hours worked at the supervisor’s hourly rate, as computed, for each hour worked over the normal work hours. Work not normal to the supervisor includes, but is not limited to, weekend work at the Waste Water Treatment Plant or Public Works Department, or coverage of a shift or part of a shift at the Police Department that is normally scheduled for a non-management employee. Supervisors are encouraged to arrange schedules so as to limit the amount of hours that supervisors are required to cover work not normally performed by the supervisor.
Longevity Pay and Retirement
Longevity pay is available to non-exempt regular full-time employees under the following schedule: After five (5) years of service ...... $30.00 per month After ten (10) years of service ...... $50.00 per month After fifteen (15) years of service ...... $75.00 per month At the time of retirement, at the employee’s option, the employee can either be reimbursed in cash for all unused sick leave up to a maximum of 960 hours, be given additional credit toward PERS retirement up to 120 days, or have the equivalent dollar amount, up to a maximum of 960 hours, deposited into the employee’s VEBA, if the employee has established one.
Use of Equipment
Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When using property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines.
Please notify the supervisor if any equipment, machines, or tools appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee's responsibility for maintenance and care of equipment used on the job.
The improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in disciplinary action, up to and including termination of employment.
Personnel Policies & Procedures - March 2006 27
Inclement Weather
On days where there is inclement weather and it has been decided that City Offices will remain open, employees are expected to use good judgment as to whether the employee can safely get to and from work. Employees who will be delayed or cannot make it in shall call in no later than one hour after their shift begins.
If an employee arrives late or not at all, the employee must use vacation, comp-time or leave without pay to cover the employee’s missed hours.
If an employee is at work and there is an administrative decision to close any City facility, the employee will be compensated for the hours worked plus the hours between the time the City facility is closed and the end of the employee’s regular shift not to exceed 8 hours. If the employee is scheduled to work a longer shift then the time paid shall not exceed the length of the shift assigned.
Represented employees in essential operations may be asked to work on a day when operations are officially closed. In these circumstances, employees shall be compensated according to the collective bargaining agreement.
Non-represented employees who are not exempt under the Fair Labor Standards Act and work will receive regular pay up to (forty) 40 hours during the workweek. Work beyond (forty) 40 hours will be compensated at a rate of time and one-half.
Non-represented exempt employees under the Fair Labor Standards Act are not subject to hourly or overtime compensation.
Emergency Situations
There may be times when the President of the United States, the Governor of Oregon and/or the Mayor or Council of the City of St. Helens declares a State of Emergency that impacts the City of St. Helens. When such a declaration is made, the City, at its options, may send non- essential employees home and may require that essential employees remain to perform necessary tasks to keep the City in operation.
For the purposes of a declared State of Emergency, essential employees shall be defined as the City Administrator, City Attorney, City Finance Director, Building Official, Engineering Manager, Police Chief, Library Director, Public Works Supervisor, Planning Administrator, Wastewater Treatment Plant Superintendent, and any other employees that the Mayor, Council or their designee finds necessary to assist during the State of Emergency. Once a State of Emergency has been declared, essential employees defined above shall have the latitude to designate additional employees as essential for the duration of the declared State of Emergency. It is anticipated that the City would implement an Incident Command System to address any formally declared State of Emergency.
Represented employees shall be compensated in accordance with the collective bargaining agreement.
Non-represented employees covered by the Fair Labor Standards Act designated as essential shall receive their regular pay for his/her regularly scheduled shift. Overtime shall be compensated according to the Personnel Policies and Procedures. Personnel Policies & Procedures - March 2006 28
Non-represented employees who are non-exempt under the Fair Labor Standards Act and designated as essential will accrue extra hours worked on an hour for hour basis as previously outlined in the Personnel Policies and Procedures.
If an employee is at work and there is a decision to close any City facility and send non- essential employees home, the employee determined to be non-essential will be compensated for the hours worked plus the hours between the time the City facility is closed and the end of the employee’s regular shift not to exceed 8 hours. If the employee is scheduled to work a longer shift then the time paid shall not exceed the length of the shift assigned.
Business Travel Expenses
The City will reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the Department Head or City Administrator.
Employees whose travel plans have been approved are responsible for making their own travel arrangements.
When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed by the City. Employees are expected to limit expenses to reasonable amounts.
Employees who are involved in an accident while traveling on business must promptly report the incident to their immediate supervisor. Vehicles owned, leased, or rented by the City may not be used for personal use without prior approval.
When travel is completed, employees should submit completed travel expense reports within 30 days. Reports should be accompanied by receipts for all individual expenses.
Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, expense reports, reimbursement for specific expenses, or any other business travel issues.
Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment.
When a job requirement it is the responsibility of the employee to maintain a current commercial driver’s license.
Employee Reimbursable Expenses
A. Mileage. When an employee uses his or her private vehicle, upon prior authorization of his or her supervisor or department head, in the pursuit of official business, the employee shall be reimbursed at the rate established each year by the IRS. Mileage shall be paid from the principal place of employment to the required City function and back to the principal place of employment.
Personnel Policies & Procedures - March 2006 29 The mileage reimbursement is intended to offset the operating cost of the employee’s vehicle when used in City business. This includes car insurance. The City is not responsible for damage to an employee’s vehicle, when such vehicle is used for City business.
B. Lodging. Employees shall be reimbursed for reasonable actual expenses incurred for lodging while attending conferences or training sessions authorized in advance by a supervisor or department head. When the employee would not reasonably be expected to return to his or her residence from authorized City business, lodging will also be reimbursed. Receipts for lodging must be provided to and approved by the supervisor before reimbursement shall be made.
To make the City’s budget dollars go further, employees from the same department who are attending the same conference or training session are encouraged to share room accommodations. Justification for individual rooms will be the responsibility of the department supervisor.
C. Meals. Meals subsistence expenses incurred while on City business shall be reimbursed for actual expenses incurred, subject to the following maximum limitations:
Breakfast………………………………… ...... $ 10.00 Lunch ...... 15.00 Dinner...... 25.00
Maximum allowable meal expenses shall be based on the following schedule:
Item Departure from assigned workplace Breakfast 6:00 a.m. or earlier Lunch 11:00 a.m. or earlier Dinner 5:00 p.m. or earlier
Item Arrival back to assigned workplace Breakfast 8:00 a.m. or later Lunch 2:00 p.m. or later Dinner 7:00 p.m. or later
There shall be no reimbursement for alcohol purchases. Approval of meal expenses by the department head or supervisor is required prior to employee reimbursement.
Working lunches for meeting purposes or representing the City will be reimbursed the actual cost and not be affected by the above time schedule.
Per Diem: Subsistence for twenty-four hours or more away from official workplace (conferences, seminars and/or training sessions), the daily rate shall be $50.00 for meals.
D. Clothing Allowance. The City will provide all necessary personal protection equipment (PPE) as is needed for any employee.
Personnel Policies & Procedures - March 2006 30
E. Physical Fitness. The City shall provide for full-time employees up to $35 payment per month per employee for participation by the employee in any physical fitness club or other wellness activity approved by the City Council.
F. Physical Examinations for Commercial Driver Licenses. Employees who are required to maintain a commercial driver’s license as a condition of employment may have their physical examination requirements dealt with in the following manner:
1. The City shall provide the time and place to take such physical examinations. Such tests shall be at City expense. It shall be arranged by the employee’s supervisor to be done during regular work hours of the employee.
2. If an employee desires to make arrangements with a personal physician, such tests shall be arranged at a time approved by the employee’s supervisor. The City will reimburse the employee up to the usual and customary charge for such exam as charged at the local clinic, upon proper documentation, for the costs of such physical examination.
Use of Credit Cards
The purpose of this policy is to maintain the financial integrity of the City and its staff. Use of a City issued credit card is a privilege and not a right. The use of a credit card carries added responsibilities and is intended to reduce time spent on the purchase of small items or other goods and services for which requisitions and purchase orders are not cost effective or efficient. A credit card may be issued to a City employee after checking out such credit card from the City Administrator or Finance Director and can only be used for authorized purchases pursuant to existing purchasing authority granted by the City Council. The use of a credit card does not reduce the need for documentation; and if anything, it will increase the need that purchases be correctly authorized and documented as to appropriateness. The use of a credit card does not circumvent City purchasing policies and procedures but can be used when time is of the essence and it is the only form of payment accepted for a product or service.
The following is a list of goods and services that would qualify for credit card purchase. The list is meant to be illustrative and is not all-inclusive, but the card user should exercise caution as State Statute prohibits the City from extending credit to employees, officials and citizens; therefore, no cardholder may procure goods or services for personal use. A personal use of a credit card consists of an item that is not a legitimate business expense and must be reimbursed to the City.
Examples of Qualifying Credit Card Purchases:
• Reserving a motel/hotel room for attending a conference approved by the Department Head. • Payment of hotel/motel room while attending a conference approved by the Department Head if an itemized receipt of charges is attached (no movies, telephone calls, beverages or snacks may be included). • Travel costs to and/or from a conference or training located outside the City. • Small cost computer peripherals where direct billing is not an option.
Personnel Policies & Procedures - March 2006 31 • Repair of City vehicles when the vehicle breakdown is located more than 25 miles from St. Helens. • Food or beverages (non-alcoholic) consumed while attending a training, conference or meeting while as an official representative of the City. • Online purchases under $1,000 of goods or services normally consumed by the City. • Sale of declared surplus property. • USPS, UPS or other delivery services for emergency mailing or returns.
Employees using a credit card must report their use of a credit card within ten (10) business days of purchase by submitting the customer copy of the receipt or an online order confirmation to the Finance Department.
Computer and E-mail Usage
The proper use of office, computer, telecommunications equipment e-mail, and Internet services is an important method of effectively carrying out the business of the City. Office equipment includes copiers, facsimile machines, typewriters, folding machines, and other equipment that help in the delivery of City services. Computer equipment includes the monitor, CPU, printer, and any other peripheral connected to a computer. It also includes lap top computers and any peripheral equipment. Telecommunication equipment includes telephones, cellular phones, mobile radios, pagers, and other similar devices. Like other City assets, these systems are acquired to help City employees carry out their job responsibilities efficiently and are the sole property of the City, email and the Internet are used to expedite communications within the City, other agencies, and private citizens who must interact with the City to conduct business. Users must exercise good judgment when using email and the Internet. It is the expectation of the City that employees will use office equipment for official City business only. Comments made, copied, stored, forwarded, or otherwise transmitted on any City communication device which may degrade, humiliate, or embarrass any person are strictly prohibited and are covered under the City’s policy on discrimination. Forwarding confidential information is a violation of City policy and may violate state or federal laws. To ensure compliance with this policy, and to ensure quality and accuracy in information provided and used by City employees, all devices for the electronic creation, translation, storage, transmission, and manipulation of information in any form are subject to monitoring and inspection by the authorized agents of the City. When an employee’s employment with the City is terminated, either voluntarily or involuntarily, the employee must surrender his or her password to the department’s supervisor. The information on the computer is the property of the City and the employee must have the supervisor or the supervisor’s designee present when information is removed or transferred from the terminated employee’s computer. A. Computer Hardware and Software. This equipment is to be used to conduct official City business. Employees are not to use this equipment for non-City or personal work. Supervisors may authorize the use of the computer equipment and related office equipment for training or development purposes if it is intended to increase employees’ work skills, produce a suitable product pertinent to the City’s operation or maintain a professional certification pertinent to the employee’s position. City-purchased software should not be copied for personal use. Computer games are not to be installed on City-owned computers except for training or educational purposes. Due to
Personnel Policies & Procedures - March 2006 32 the potential of introducing data destroying viruses into the computer systems of the City, only software, hardware, and diskettes owned by the City and installed by competent City employees or contractors hired by the City shall be used on the City’s computer systems. An exception to the policy may be made if the software or diskette provided to the City is first verified by a competent City employee to not be contaminated with data destroying viruses. Copying computer programs and data, textual, graphic audio-visual, and multimedia material may violate copyrights, and may also constitute a crime under federal law. In most cases, government publications are not subject to copyright. Employees are responsible for assuring that their use of City equipment does not violate or infringe on copyright.
B. Electronic Equipment. E-mail is provided as a communications tool for City business. E-mail is considered a public record and all messages sent on e-mail should be viewed in this light. Any message or wording that degrades, humiliates, or embarrasses any person is strictly prohibited.
Violations of this policy are punishable under the progressive discipline policy previously discussed. Employees should periodically review their e-mail and appropriately delete messages that are no longer germane to City operations. E-mail of a sensitive nature should be retained in a separate file on the employee’s computer.
E-mail like any other form of communications is provided to assist in the conduct of City business and personal use is to be avoided. Conduct of private business for profit is strictly prohibited and subject to progressive discipline.
All communications and files on the e-mail and word processing system should be considered public record that is available for review by the public, unless specifically exempt under Oregon Statutes. Any determination of exempt public records shall be made on a case-by-case basis by the City Attorney. Even deleted files are accessible by knowledgeable persons.
E-mail is the property of the City, and, as such, the system does not carry a right to privacy.
The City also provides Internet access to conduct City business. The use of the Internet by employees is generally for official City business only. Personal use of the Internet during breaks and lunch hours is acceptable so long as no private business for personal gain is conducted. E-mail through the Internet, is also made available to some employees. The same rules and policies stated above apply to Internet e-mail.
Employees may not post, distribute, store for retrieval, or otherwise make accessible via the internet any of the following: a. Defamatory, derogatory, insulting, sexually explicit, or degrading materials or information. b. Confidential or privileged information, either information relating to the City and its business, or to individuals without proper authorization by the City Council. c. Copyrighted materials without the express written consent of, and then only according to the conditions set forth by the copyright holder. d. Employees may not use anonymous Internet identities and may not, without the express consent of a supervisor, encrypt any information posted or transmitted via the Internet.
Employees are encouraged to use passwords and keep them to themselves. Any password used should be given to the supervisor as a precaution for system security and to assist the user if the employee forgets their password. Passwords are the first barrier in maintaining
Personnel Policies & Procedures - March 2006 33 security for the City’s systems and files. Even though a person may not have sensitive material in their directory, by not having a password, the person allows access to others.
C. Telecommunications. The telephone system is provided as a communication tool for employees to conduct City business and is the sole property of the City. Employees are to limit personal use of the telephone system and in no instance shall use the City’s telecommunications system for personal gain.
Employee Conduct and Work Rules
To ensure orderly operations and provide the best possible work environment, the City expects employees to follow rules of conduct that will protect the interests and safety of all employees and the organization.
It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, up to and including termination of employment:
• Theft or inappropriate removal or possession of property • Working under the influence of alcohol or illegal drugs • Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating employer-owned vehicles or equipment • Fighting or threatening violence in the workplace • Negligence or improper conduct leading to damage of employer-owned or customer- owned property • Insubordination or other disrespectful conduct • Violation of safety or health rules • Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace • Excessive absenteeism or any absence without notice • Unauthorized use of telephones, mail system, or other employer-owned equipment • Unauthorized disclosure of business "secrets" or confidential information • Violation of personnel policies • The acceptance of favors, either material or otherwise, in return for the performance of his or her official duties as a City employee or for the neglect of his or her official duties as a City employee. • Offensive conduct or language toward the public or fellow City employee or officer thereof. • Claim of sick leave under false pretenses or misuse of sick leave. • Concerted or deliberate restriction of output (i.e., slow down or delaying other workers). • Sexual harassment or other unlawful harassment.
Drug and Alcohol Use
It is the City's desire and responsibility to provide a drug-free, healthful, and safe workplace for its employees, those who use or come into contact with our services, and the general public. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.
While on the City premises and while conducting business-related activities off the City Personnel Policies & Procedures - March 2006 34 premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.
Accordingly: Reporting for work under the influence of intoxicating liquor or illegal drugs, or the use or possession by an employee on City premises, property or during work time, of an intoxicating liquor, controlled, or illegal substance, a drug not medically authorized, or any other substances which impairs job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees, or the sale of any such item, is strictly prohibited and will result in immediate disciplinary action, including termination. For the purposes of this policy “work time” shall include lunch and rest periods. Each employee must report the use of medically authorized drugs or other substances which can impair their job performance to his or her immediate supervisor and provide proper written medical authorization from a physician to work while using such authorized drugs. It is the employee’s responsibility to determine from the physician whether or not the prescribed drug would impair his or her job performance. Any failure to report the use of such drugs or other substances, or failure to provide proper evidence of medical authorization, can result in disciplinary action. Where the City has a reasonable suspicion that an employee is under the influence of alcohol or drugs, the employee in question will be asked to submit to discovery testing including urinalysis and/or a blood screen to identify any involvement with alcohol or drugs. Any accident may also be cause for discovery testing for drugs and alcohol. An employee who is found to be under the influence of or impaired by alcohol, controlled or illegal drugs, or other substance covered by this policy as stated above, is subject to disciplinary action including immediate suspension or termination. An employee who refuses to submit to discovery testing for alcohol and drugs will be subject to immediate suspension or termination. The City reserves the right to inspect or search all City property, as well as any employee’s personal property on City premises, for intoxicating liquor, controlled or illegal substances or any other substances which impair job performance. Refusal to submit to any inspection or refusal to cooperate in any investigation will subject the employee to disciplinary action including immediate suspension or termination. The City recognizes its commitment and its responsibility to their employees by seeking to provide through the Employee Assistance Program an opportunity for employees to deal with drug and alcohol related problems. Any employee who voluntarily requests assistance in dealing with a personal drug and/or alcohol problem may do so through the Employee Assistance Program in complete confidence and without jeopardizing his or her employment with the City. Other treatment programs for drug and alcohol problems may be available through the Health and Welfare providers selected by individual employees. The discontinuation of any involvement with alcohol or drugs is an essential requisite for participation in any treatment program. As a result of disciplinary action arising from a drug or alcohol problem, an employee may be required to participate in a drug or alcohol treatment program. An employee who is so required will first be evaluated for drug and alcohol used by an accredited professional. The cost of such an evaluation shall be paid by the City. An employee may be required to participate in follow-up care as part of a comprehensive alcohol and drug treatment program. Depending upon the nature of the conduct which led to the employee’s mandated participation in an alcohol and drug treatment program, the employee may be required to submit to random blood and urine
Personnel Policies & Procedures - March 2006 35 screening for alcohol or drugs for a specified period of time and to meet various performance standards which are imposed as a condition of continuing employment. The City reserves the right to determine whether reasonable suspicion exists, the level of discipline to be applied and whether an employee should be given the opportunity to participate in a drug or alcohol treatment program, provided, however, that its determinations shall not be arbitrary or capricious. For the purposes of this policy the following definition of terms is applied: Reasonable Suspicion is defined as specific articulated observations concerning such circumstances as the work performance, appearance (including, for example, a noticeable odor of an alcoholic beverage), behavior, or speech of the employee, or as being involved in an accident on City premises which results in physical injury or property damage. The decision for finding reasonable suspicion shall be determined by a supervisor and one other person. Under the influence is defined as any detectable level of drugs, or above .02 blood alcohol level, in an employee’s blood or urine or any noticeable or perceptible impairment of the employee’s mental or physical faculties. Controlled substances are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, whose sale, purchase, transfer, use or possession is prohibited or restricted by law. Over-the-counter drugs are those, which are generally available without a prescription from a medical doctor and are limited to those drugs, which are capable of impairing the judgment of an employee to safely perform his or her duties. Prescription drugs are defined as those drugs, which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Federal law requires that the City adopt rules to conduct pre-employment/pre-duty, reasonable suspicion, random, and post-accident alcohol and controlled substances testing of individuals who perform safety-sensitive functions. To comply with the law, the City adopts a Drug and Alcohol Policy specifically for employees in safety-sensitive functions. This policy is in addition to subsection A of this section. This policy is set forth as Exhibit B, which is attached hereto, and by this reference incorporated herein.
Smoking
The smoking of tobacco, in the form of cigarettes, pipes, or cigars, is prohibited in any City building or City vehicle.
Sexual and Other Unlawful Harassment
The City is committed to providing a work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive, including sexual harassment. Actions, words, jokes, or comments based on an individual's sex, race, color, national origin, age, religion, disability, sexual orientation, or any other legally protected characteristic will not be tolerated.
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Sexual harassment is defined as unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of sexual harassment examples:
• Unwanted sexual advances. • Offering employment benefits in exchange for sexual favors. • Making or threatening reprisals after a negative response to sexual advances. • Visual conduct that includes leering, making sexual gestures, or displaying of sexually suggestive objects or pictures, cartoons or posters. • Verbal conduct that includes making or using derogatory comments, epithets, slurs, or jokes. • Verbal sexual advances or propositions. • Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, or suggestive or obscene letters, notes, or invitations. • Physical conduct that includes touching, assaulting, or impeding or blocking movements. Unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of employment; (2) submission or rejection of the conduct is used as a basis for making employment decisions; or, (3) the conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.
If you experience or witness sexual or other unlawful harassment in the workplace, report it immediately to your supervisor. If the supervisor is unavailable or you believe it would be inappropriate to contact that person, you should immediately contact the City Administrator or any other member of management. You can raise concerns and make reports without fear of reprisal or retaliation.
All allegations of sexual harassment will be quickly and discreetly investigated. To the extent possible, your confidentiality and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, you will be informed of the outcome of the investigation.
Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment must immediately advise the City Administrator or any member of management so it can be investigated in a timely and confidential manner. Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to and including termination of employment.
Personal Appearance
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image the City presents to the community.
During business hours or when representing the City, you are expected to present a clean, neat, and tasteful appearance. You should dress and groom yourself according to the requirements of your position and accepted social standards.
Your supervisor or department head is responsible for establishing a reasonable dress code
Personnel Policies & Procedures - March 2006 37 appropriate to the job you perform. If your supervisor feels your personal appearance is inappropriate, you may be asked to leave the workplace until you are properly dressed or groomed. Under such circumstance, you will not be compensated for the time away from work. Consult your supervisor if you have questions as to what constitutes appropriate appearance. Where necessary, reasonable accommodation may be made to a person with a disability.
Resignation
Resignation is a voluntary act initiated by the employee to terminate employment with the City. Although advance notice is not required, the City requests at least 2 weeks' written resignation notice from all employees.
Prior to an employee's departure, an exit interview will be scheduled to discuss the reasons for resignation and the effect of the resignation on benefits.
If an employee does not provide advance notice as requested, the employee will be considered ineligible for rehire.
Drug Testing
The City is committed to providing a safe, efficient, and productive work environment for all employees. Using or being under the influence of drugs or alcohol on the job may pose serious safety and health risks. To help ensure a safe and healthful working environment, job applicants and employees may be asked to provide body substance samples (such as urine and/or blood) to determine the illicit or illegal use of drugs and alcohol. Refusal to submit to drug testing may result in disciplinary action, up to and including termination of employment.
The Employee Assistance Program (EAP) provides confidential counseling and referral services to employees for assistance with such problems as drug and/or alcohol abuse or addiction. It is the employee's responsibility to seek assistance from the EAP prior to reaching a point where his or her judgment, performance, or behavior has led to imminent disciplinary action. Participation in the EAP after the disciplinary process has begun may not preclude disciplinary action, up to and including termination of employment.
Copies of the drug testing policy will be provided to all employees. Employees will be asked to sign an acknowledgement form indicating that they have received a copy of the drug testing policy. Questions concerning this policy or its administration should be directed to the City Administrator.
Progressive Discipline
The purpose of this policy is to state the City's position on administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels.
The City's own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform, and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for satisfactory service in the future.
Disciplinary action ranges from oral or written reprimands to dismissal from City service and depends on the severity of the offense as well as the number and frequency of previous acts of misconduct. Personnel Policies & Procedures - March 2006 38 1. For minor offenses, the employee will be given a verbal warning. If this does not correct the situation within a reasonable length of time, the supervisor will proceed to the second step of this procedure. 2. For more serious violations or repetition of minor violations, the employee may be given a written warning outlining the reason for the warning and future disciplinary action which would be taken for repeated violations. 3. For repeated minor violations or for a first serious offense that does not require temporary removal from work, the employee may have compensation reduced by the loss of a number of vacation days not to exceed one-half of the vacation days to be accrued in the following year; or the employee’s pay may be reduced up to 10 percent based on a written evaluation. A special evaluation shall be completed 3 months after any such action. If the violations have not recurred and the correction noted in the written evaluation at the time of the discipline has been accomplished, the employee’s pay rate shall be reinstated. 4. For repeated minor violations or for a serious offense, the employee may be suspended without pay for a period of time up to 30 working days or discharged. 5. Supervisors are not required to use each step of progressive discipline. Discipline may begin at the step of the procedure commensurate with the offense committed. For serious violations, especially those involving criminal behavior, an employee may be terminated without any prior discipline. Also, the supervisor may repeat any step if the discipline is commensurate with the offense and repeated violations receive appropriate response. Every supervisor shall discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be of increasingly progressive severity whenever possible. A written notice shall be given each employee for each disciplinary action stating the reasons for the disciplinary action and the date it shall take effect. The notice shall be given to the employee at the time such action is taken. A copy of the notice signed by the employee shall be placed in the employee’s personnel file and shall serve as prima facie evidence of delivery. Signing does not indicate agreement. All regular employees shall have the right to appeal any disciplinary action taken against them to the City Administrator within 10 days after the effective date of disciplinary action. Should the City Administrator be the immediate supervisor of an employee, the employee shall have the right to appeal the City Administrator’s decision to the City Council within 10 days after the effective date of the discipline by the City Administrator. At its next regular or special City Council meeting the City Council shall appoint one of its members to serve as the arbitrator of the disputed action. Any disputes under this provision shall be heard by the Council member within 20 working days of the appeal has been filed and the Council member has been appointed, whichever is the latter. The decision of the Council member shall be final.
By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and the City.
Problem Resolution
The City is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response from the City supervisors and management.
Personnel Policies & Procedures - March 2006 39 The City strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect. Employees are encouraged to offer positive and constructive criticism.
If employees disagree with established rules of conduct, policies, or practices not covered by a CBA that applies to an employee, they can express their concern through the problem resolution procedure. No employee will be penalized, formally or informally, for voicing a complaint with the City in a reasonable, business-like manner, or for using the problem resolution procedure.
The City shall promptly consider and equitably adjust employee grievances relating to employment conditions. Furthermore, the City encourages an “open-door” policy for receiving complaints or suggestions and desires to address the cause of grievance informally – both supervisors and employees are expected to resolve problems as they arise. The aggrieved employee shall orally present the grievance to the immediate supervisor within five (5) working days of its occurrence. The supervisor shall give his or her oral reply within five (5) working days following receipt of the grievance. In addition, an employee of Public Works shall then proceed to a review by the Public Works Supervisor or in his absence the Engineering Manager in the same manner as the process before the immediate supervisor. If the grievance is not settled, the written grievance shall be presented within five (5) working days, along with all pertinent correspondence, records, and information accumulated to the City Administrator. The City Administrator shall reply to the grievance in writing within five (5) working days of the date of presentation of the written grievance.
Exempt Employees:
The following positions are determined by the City to be exempt employees for FSLA purposes:
City Administrator City Attorney City Building Official City Engineer/Supervisor Engineering Manager Finance Director Library Director Planning Administrator Police Chief Police Lieutenant Waste Water Treatment Plant Superintendent
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