HomeMy WebLinkAboutRes 2021-12-1074 Personnel Policy UpdateCITY OF ANNA, TEXAS
RESOLUTION NO. - jV14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN
COUNTY, TEXAS, APPROVING AMENDMENTS TO THE CITY OF ANNA
PERSONNEL POLICY MANUAL
WHEREAS, on March 11, 2014, the City Council of the City of Anna, Texas ("City Council")
approved a Personnel Policy Manual that includes personnel guidelines for use in certain
operations of the City's departments/personnel and in matters related to human resources; and,
WHEREAS, said Personnel Policy Manual was amended on September 22, 2015, January 26,
2016, July 11, 2017, and on October 26, 2021 and
WHEREAS, the City Manager has recommended approval of certain amendments to the
Personnel Policy Manual, and
WHEREAS, the City Council finds that its approval of the amendments to the Personnel Policy
Manual is not intended to and does not: (1) create any type of contract of employment between the
City and any employee; or (2) have the force or effect of law or ordinance
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full
Section 2. The City Council of the City of Anna, Texas hereby approves the amendments to the
City of Anna Personnel Policy Manual for use by the City Manager and City departments in
relation to certain organizational operations and matters related to personnel and human resources.
DULY PASSED AND APPROVED THIS 14t'' DAY OF DECEMBER 2021.
ATTEST:
City Secretary, Carrie
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a)4o� Nate
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City of Anna
Personnel Policy Manual
Approved: March 11, 2014
Amended:
September 22, 2015, Res. No. 2015-09-24
January 26, 2016, Res. No. 2016-01-140
July 11, 2017, Res. No. 2017-07-334
October 26, 2021, Res. No.2021-10-1028
December 14, 2021, Res. No. 2021-12-XXX l b�I
CITY OF ANNA � Personnel Policy Manual
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)nly and does not constitute a contract in any respect between the City of Anna (the "City") and
ts employees, Except as expressly set forth in this Manual or in a written contract approved by
he City Council, employment with the City is at will, and either the employee or the City may
erminate the relationship at any time for any legal reason or for no reason. The City Manager
nay remove, with or without cause, any City employee or volunteer who is not required to be
appointed by the City Council, The City reserves the right to release an employee at any time and
br any reason, with or without cause, unless expressly prohibited bylaw.
an individual employee that is duly adopted by the City Council, signed by a duly authorized
epresentative of the City, and contains express, clear and unambiguous language that identifies
he employee and modifies the at�will status of that employee ("Employment Contract"). The at�
ivill status in such case shall only be modified as to that individual employee and only to the extent
odified by such contract. All statements in this Manual regarding the at�will status of City
3mployees or any benefits provided herein shall control over any contradictory statements by any
)ther person, whether oral or written, with the sole exception of an Employment Contract.
Similarly, with the sole exception of benefits guaranteed in an Employment Contract, the City's
policies and practices with respect to any matter or any benefits now offered may be terminated
at any time to full extent permitted under applicable law and same are not to be considered as
creating any contractual obligation on the City's part.
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ocuments are exa ples U"IY3 C11 IZ; "UL C1 "U UZ) Vt; 0 Ch), 0" 01 qZ; "U r;" U %J I UO I k� U
ight to terminate at will.
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luestions about any policies, procedures, rules or regulations, they should be discussed with the
mmediate supervisor, department head or City Manager, as appropriate,
::very e Dlovee in Citv service should understand that he/she is working for the public. It is the
Fherefore, all employees should thoroughly understand their jobs duties and should possess
espect for their work, Employees are expected to have knowledge of the relation of their jobs to
hose of other employees and to the entire City organization.
ndividual departments may establish additional policies that are consistent with this Manual. Such
uch policies conflict with this Manual, this Manual shall control. Amendments to this Manual must
)e prepared by the City Manager and presented to the City Council for approval. Upon
mendment, the modifications shall be distributed to all City employees and all City employees
hall sign an acknowledgement that they have received, reviewed and understand the
nodifications (refer to Appendix A�1).
qotwithstanding any other provision of these policies, rules and regulations, the City Council may
City's Home -Rule Charter from the application of certain policies, rules and regulations and may
do so by duly adopted ordinance, resolution or written agreement. However, the City Council may
not grant any exemption that would result in a violation of state or federal law.
Completion of an introductory or probationary period or "regular status" does not change an
employee's status as an employee -at -will or in any way restrict the City's right to terminate such
an employee or change the terms or conditions of employment.
Page � 3
Ul I T Ur M11401M
ERSONNEL POLICY MANUAL
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CTION 102. REFERENCE CHECKS AND RECOMMENDATIONS
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CTION 106. HOLIDAYS, ABSENCES & LEAVES . wwwo a man **OVA Novellas offou 0 a am mama usual a no anon www*xos ME suuBszz65
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106c5 BEREAVEMENT LEAVE. & 0 0 m 0 s m 0 0 0 a a A 0 s 6 a 0 a a 0 0 0 1 0 0 v v I d 0 0 0 2 0 0 0 0 0 a 0 v N q a I K a a 0 0 n n n a n v w p 1 11 1 & 0 0 0 Bass 0 end* 0 m n N an *a 0 Ems n 0 v v I I I, h 0 m 0 0 OR 0 on n E71
106c6 JURY/COURTDuTy 0 a a a 0 0 v 0 0 n n v v v m 0 0 s m 0 a n n 0 a 9 a a 9 v * 0 0 b b & a a 0 0 0 0 v 0 0 0 1 0 d s a 0 0 1 a w n n n I p w 0 N t s I n 2 0 0 0 0 0 0 0 % 1 0 0 % * A d m n n 0 s 8 n 072
106,7 ADMINISTRATIVE LEAVE WITH PAY a I 1 0 1 & 2 0 0 0 0 a 0 0 a I w * & s 0 0 0 1 a 0 0 0 v v I 1 0 * w 0 n a n n a n n 0 6 9 0 0 1 1 1 4 & I h a 1 0 & 672
106s8 AUTHORIZED LEAVEWITHOUT PAY 0 v v v K u 0 b a n n n 0 n 0 n n v v a v v , I I , A 0 * I a 0 0 0 0 a 273
106o9 ABSENCE WITHOUT LEAVE a 2 a a 0 0 0 a a a 0 0 0 0 0 n n a a 0 0 a a a v v 1 0 , I a s 0 a a a a a v 1 0 , p c a a a a a s a a a s a 0 0 a v n 1 0 s m 8 s 0 a m 2 174
106*10 Catastrophic Leave 6 6 0 0 0 9 4 0 a 9 4 a & 0 0 a a 0 0 a 9 a a a v a v 0 6 1 a 9 1 0 s 0 a a a a v n n n a v I * a 0 0 0 0 a a a a a a 0 0 a a a 0 & 0 0 0 a 0 s a 0 a a a v n a a a 0 a s 0 m s s 0 1 0 a a 0 0 0 a a a a 0 a 0 * 0 0 s 0 0 7 5
106*11 Mental Health Leave Peace Officers .. 0966man me *Room Damages am anamemommus 8 1 2 a 0 a 0 0 n 0 0 1 a a 0 a 0 0 0 w a I * a a a n a 0 a a n n 0 0 0 0 g 0 a 0 a 0 076
106m12 Paid Quarantine Leave. 0 0 0 0 a v a 0 0 0 IV I a a a n a a a 0 0 0 a v a 1 0 1 0 0 a 0 a a a a a 0 0 0 v 0 d & 0 a 1 0 0 a a n n a a d 0 0 0 a 0 a 0 a 0 m m R 0 a a 0 0 a a 0 & 0 0 0 9 1 9 0 077
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07c2 ELIGIBILITY 1 9 1 0 a I s a a a an 0 a 0 0 0 a v 0 1 0 ffl A n a a n n a 0 a a a n n 0 v q 0 1 h a s 1 0 a a 0 a v v v 4 m 0 0 0 s m a a n 0 a a a 0 a 9 0 9 0 * # I * 2 0 0 a 0 0 0 a 276
073 CONTINUATION OF MEDICAL v 0 q h d 0 a 0 0 a I a s a 0 0 6 a 0 a I I q 0 0 s 0 1 a I a n E78
07o4 NOTIFICATION waspotts s A A A a n n n n a Do 0 0 0 1 1 1 1 d h 0 0 a n a a a a n n n n v 0 0 & s 0 0 0 a 0 0 a a I v v I a I I * a a 0 a a 0 a 0 6 0 0 1 0 0 0 v a 0 b I D a n n a n n a a 0 0 079
07m5 MEDICAL CERTIFICATION nommommoven 9 v v v .... I s 0 0 0 0 0 0 a 0 me 0 n n ED I w 0 0 n smog 0 on 0 &Small* s d N N s n a 0 0 n MR 0 wp 0 d MEME me 0 ON 0 0 0 1 a 0 v OEM , **seen at a 0 B079
07m6 REDUCED WORK SCHEDULE 0 n a a v 6 0 0 * 2 n n n n 0 0 v a 0 0 0 v * , v w a 0 s a 0 n n n n v a a v I w m 0 n n a 2 0 0 a 0 a a a a a v v , * t b s 2 a s 0 s 0 0 880
073 USE OF PAID n n I a n s a 0 a 0 0 a 0 a v v I p w I I m & a a I I I a 0 a n a v v I go m * I a m 0 0 0 0 0 0 0 v 9 a I m K , a 2 2 s 0 0 0 0 0 0 ff v v 4 1 m 0 * a s s n n 8 a n n n 1 0 v a 0 N a 7 '80
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07,9 COORDINATION WITH WORKERS' COMPENSATION BENEFITS
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08,3el PERSONAL USE OF CITY PROVIDED CELL PHONES
0832 CELL PHONE ISSUANCE I I a s 0 0 0 8 0 0 0 a 0 9 0 a a a v 4 1 A A N 0 a s a s 2 a 0 0 0 0 0 a 0 a 9 1 1 1 s A s s 0 0 0 0 0 a a a 0 0 a I v ft a ft s a 0 0 0 a a a v v v * I I m b 0 0 a 1 0 a 0 a 0 a v v v a v q I I I I a & 9 d s 0 SE84
08393 USE OF PERSONAL CELL PHONES
08A ELECTRONIC COMMUNICATIONS POLICY
08o4al SOCIAL MEDIA
0805 WHISTLEBLOWER POLICY
CTION 109. ATs&WILL, DISCIPLINE, APPEALS AND GRIEVANCES
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CTION 110. VOLUNTARY AND INVOLUNTARY
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111 2 CHANGE IN PERSONNEL STATUS: NEW HIRES 09
Page 1 6
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Page 1 6
111.3 PERSONNEL RECORDS AND REPORTS....................................................................................109
Page � 7
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City of Anna
Personnel Policy Manual
Section 100. Introduction
100.1 Objectives
(a) Objectives. The Preamble to this Manual is incorporated here as if set forth in full. Although
most major areas of the City's personnel policies are defined in this Manual, situations may
arise that are not specifically addressed in this Manual. In these instances, the City Manager
may establish an appropriate policy or address such matters on a case -by -case basis as
appropriate. All personnel policies apply to all City employees, except as expressly stated
otherwise.
(b) The general purpose of the policies and procedures set forth in this Manual is to bring into
the service of the City a high degree of understanding, cooperation, efficiency, and unity,
which comes through appropriate application of sound procedures in personnel
administration, and to provide a uniform policy for all employees, with all of the benefits such
a program insures. The human resource management system objectives, which include this
Manual, are as follows:
(1) Promote and increase efficiency, responsiveness to the public, and economy in the
service of the City;
(2) Provide opportunity for qualified persons to enter and progress in City service based
on merit and ability to perform the essential functions of the job with or without
reasonable accommodations;
(3) Maintain recruitment, advancement, and tenure practices enhancing the
attractiveness of a City career and encouraging all employees to give their best effort
to the City and the public;
(4) Maintain consistent, up-to-date position classification and compensation plans
based on the relative duties and responsibilities of jobs in City service; and
(5) Promote high morale among City employees by fostering positive working
relationships and providing uniform human resources policies, opportunities for
advancement, and consideration of employee needs and desires.
(c} This Manual is not intended to fully describe or explain all of an employee's potential rights
or duties. The provisions of this policy shall apply in addition to, and shall be subordinated
to, any requirements imposed by applicable federal, state, or local laws, regulations or
judicial decisions. Employees who desire further information should independently
investigate the governing law and contact an attorney to evaluate their position.
Unenforceable provisions of this policy shall be deemed to be deleted without invalidating
any other parts of this Manual.
UUM I a I Lie "IL10"S
He woids anU Ler s used in MIS IVIC111U0 0 C1 CIVU U [I lucm "�J U0 U 00 uvv� ku" �QQ
ontext in which the word is used clearly indicates otherwise):
00 uct"o U 0 luu U" "U �11 Y
)ffice box mailing address, if applicable.
vith the City are attained by a regular fulktime or part4ime employee. If an employee changes
rom partAime to fulktime status, then the anniversary date is changed to reflect the date the
�imployee begins fulktime status.
equirements relating to City personnel matters, as amended,
)ublic under the rUD11C Intormation Act kuhapter DOZ, LOcal Governmeril. Code, or as amended,
the Act"), and any information from a meeting closed to the public pursuant to the Texas Open
Oeetings Act (Chapter 551, Local Government Code, or as amended), regardless of whether
isclosure violates the Act and/or the Texas Open Meetings Act: and (2) information, whether or
ot subject to disclosure under the Act, that has not been made publicly available and that an
�mployee has access to only because of the employee's status as a City employee or the
�kmployee's presence at City events or facilities that are not expressly open to the public.
Demotion means an assionment of an e Novee from a DOSition in one classification to a position
a
)enartment eans a maior functional unit of Citv administration, none of which are independent,
Depailment head means any person, appointed by the City Manager, who is responsible for the
Employee means any person employed and paid a salary or wages by the City, and includes a
ontractor, the Municipal Court Judge(s), the City Attorney, a member of an appointed Board or
�ommission, or a member of the City Council.
mpt employee means any employee paid on a salary basis who occupies an executive
tandardS Act, Z�J U ob�us S� 2-1 oka)� I 7)kas a ended). Exe PL employees, HeLHer IUII�L! e or
artAme, are eligible for all benefits offered by the City to its employees,
zz
Fiscal year means the City's fiscal year, starting October 1 and ending September 30.
Full-time employee means any employee scheduled to work forty (40) hours or more per work
week. Full-time employees are eligible for all benefits offered by the City to its employees.
Grade means a division of a salary and classification schedule with specified rates and/or ranges
of pay into which a job or position is classified, according to such factors as level of difficulty,
responsibility and other criteria.
Director of Human Resources or Human Resources Department means the individuals) to whom
various human resource functions have been delegated by the City Manager, regardless of
whether there is a specific department designated as the Human Resources Department. These
terms may also refer to the City Manager, to the extent that the City Manager has not delegated
any such human resource functions. The City Manager retains authority over all human resources
functions that have been delegated and may modify, reverse or direct any action or decision by
the Director of Human Resources or Human Resources Department.
Job means a collection of tasks, duties and responsibilities regularly assigned to and performed
by an individual.
Lateral transfer or transfer means any change of an employee from one position to another
position in a classification having the same pay grade.
Leave without pay means an authorized temporary absence without pay. If non -disciplinary, an
employee on leave without pay may be permitted to expend accrued vacation benefits, accrued
compensatory time, or accrued sick time while on leave.
Management, when used as noun, means the City Manager, department heads, or Supervisors
with administrative management authority.
Manual means this Personnel Policy Manual, as amended, also referenced from time to time
herein as Personnel Policies and Procedures.
Mayor means the Mayor of the City of Anna, Texas.
Merit means character or conduct deserving reward, honor, or esteem.
Military leave means any authorized absence of an employee for active or reserve duty, or training
in the United States armed forces.
Month means one calendar month.
Motor vehicle accident means an incident involving a motor vehicle in which there is either a
fatality, an injury treated immediately and/or away from the scene, any potential property damage,
any unintended contact between a vehicle and another vehicle, or a vehicle is required to be
towed from the scene due to disabling damage.
Non-exempt employee means any City employee not falling under the definition of Exempt
Employee.
Page � 10
Outside employment means any business, trade, occupation, or profession performed for any
entity other than the City, including self-employment.
Part-time employee means any employee who is scheduled to work less than forty (40) hours per
week and who is not a temporary/seasonal employee.
Personnel policies mean this Manual and all ordinances, directives, regulations, and other
requirements relating to City personnel matters, as amended.
Physician or licensed physician means any physician licensed by the Texas State Board of
Medical Examiners.
Probationary Employee means any newly hired employee during the time of the employee's
probationary status as further described in this Manual.
Promotion means an assignment of an employee from a position of one classification to any
vacant position in another classification having a higher pay grade.
Reclassification means an assignment of an employee to a new position and/or grade profile to
an existing position.
Reduction in force means a separation from City service because of a shortage of funds or
materials, elimination of a position, or other reasons beyond the control of an employee and not
reflecting discredit upon him/her.
Regular employee means an employee who is full-time, and is non -seasonal and non -temporary.
Regulations mean these Personnel Policies and Procedures.
Residence means the domicile of an employee.
Retirement date means the first day an eligible employee becomes entitled to receive retirement
benefits.
Separation means a voluntary or involuntary cessation of employment with the City.
Supervisor means an employee's direct report.
Suspension means an involuntary and unpaid discontinuance of City work for a specified period
of time.
Temporary/Seasonal Employee means any employee appointed to any of the following:
• An assignment or job scheduled to last less than six (6) months;
• A position funded under a federal employment and training program, under which the
employee meets federal eligibility requirements, but not including administrative or staff
positions;
• A cooperative work-study program with an educational institution;
Page � 11
• A seasonal position, even though the assignment may last more than six (6) months;
• Any assignment of less than a full calendar year, which is repeated from year to year,
even though the assignment may last more than six (6) months;
• A position which, by City policy and practice, is intended to give introductory work
experience to a person preparing for entry into the work force; or
• Apart time position expected to work less than twenty (20) hours per week, or less than
one thousand (1,000) hours per fiscal year.
Temporary/seasonal employees are not eligible for any City benefits, other than workers'
compensation benefits.
Termination means a disciplinary cessation of employment with the City.
Transfer or lateral transfer means any change of an employee from one position to another
position in a classification having the same pay grade.
Volunteer means any person who freely offers to take part in any effort or undertake a task for
the City and is not compensated as a regular employee. However, stipends may be provided for
some tasks, as determined necessary by the City Manager and department head, and within
budgetary constraints, and in accordance with a written policy governing the terms of the stipend.
Volunteer includes, without limitation, the following positions:
• Reserve Officers;
• Volunteer Firefighters;
• Persons working toward completion of community service requirements; and
• Any other non -compensated position performed by a person freely offering their work or
services.
Volunteers are not eligible for any City benefits, other than workers' compensation benefits as
applicable to volunteers.
Workday or Working Day means any one shift during which a department is open for business,
or on which an employee is scheduled to work.
100.2 Administrative Authority
(a) The City Manager may revise or amend this Manual within the law, and with City Council
approval, to the extent deemed necessary by the City Manager in order to more effectively
and efficiently promote the interest of the City and its employees. The City Manager shall
develop and implement necessary procedures for the efficient administration of the City's
personnel policies.
(b) The general and final authority for human resources management rests with the City
Manager, who may delegate it as necessary and proper, except for matters expressly
reserved to the City Council under the City Charter or other applicable law. The Director of
Page (12
uman Resources shall advise and support manage ent in all areas, Including employee�
nanagement relations; training and career development; classification; compensation;
enefits; retirement; and employee health, safety and morale. When appropriate and
ecessary, the City Manager and/or Director of Human Resources or their designees shall
onsult with the City Attorney for additional advice and/or assistance regarding this Manual
nd the City's personnel policies in general,
F t� Zj
this Manual and as otherwise set forth in directives, memorandums, and other forms of
instruction by the City Manager. Department heads shall cooperate with the Director of
Human Resources and/or his/her designee(s) on all matters pertinent to their organization
units. All employees have a responsibility and role in the implementation of the City's
personnel policies.
rules and regulations specified in these Personnel Policies and Procedures, in whole or in
part, at any time, with or without notice. The issuance of these Personnel Policies and
Procedures does not constitute an express or implied contract between the City and its
0
employees, City supervisory personnel shall not make any representation to employees or
applicants concerning the terms or conditions of employment with the City, which are not
consistent with these Personnel Policies and Procedures,
I
employees except:
f�A I +;+ +; + + f�rl�rnlln iclnfl�n
vAiInnrn nv rneel cfnfinri rdhchnvicg:� in thict N&4n"Pln
04N whan c arifip �i nint ent and re oval no er of a
Y I I ly
made an express finding in an ordinance or resolution that one, or more, of the
policies or procedures in this Manual do not apply to such employee; or
4) to the extent that this Manual conflicts with an employment contract dulyadopted by
representative.
re to comply with these policies may result in appropriate disciplinary action. All City
of these Personnel Policies and Procedures.
c) Elected officials, the City Attorney, the Judge(s) of the Municipal Court, members of
appointed to serve without pay shall not be considered City employees for purposes OT these
policies, The City Attorney, City Secretary, and Judge(s) of the Municipal Court shall be
evaluated by the City Council as set forth in the City's Charter.
uuxdr+ DisseminaLlon ol Manual
II City e ployees shall be provided Rh a copy ol LHIS Manual and ecic t,3pa ine" ec, s a
eep an updated copy available for reference by employees. Whenever feasible, a newly hired
mployee should be provided with this Manual prior to reporting for duty on their first day. All
mployees must sign a statement that they have been furnished a copy of this Manual, and that
he employee has read and understands it. It shall be the employee's responsibility to become
horoughly familiar with this Manual and any changes made to these this Manual. EmploVees shall
iot start work and shall not earn any wages, compensation, or benefits until the signed
icknowledgement form has been returned to the Director of Human Resources (refer to Appendix
Vl)z
�ouncil, who may adopt them, with or without amendment. Upon any amendment to this Manual,
)ach employee will be notified in writing of the amendment and directed to sign for having received
3mendment, and shall sign a statement that they have been furnished a copy of the amended
)olicy or policies and have read and understand same as soon as is practicable thereafter.
N
relationship to all individuals. Equal Employment Opportunity is the ia OT the land, andine
City will not discriminate because of race, color, religion, gender, age, national origin,
political affiliation, disability, veteran's status, or other non�meritfactors.
M E: 1 4 rMN r+ ;+ I; I; + nII no nnfe nf +kla n In mant
relmionSllip Including LJUL HUL V5 U I C;ul U HUI H CA V IZ;VV HUI UO HUI 1 "" HUI I
compensation, promotion, transfer, performance appraisal, training, discipline, layoff, and
discharge.
cl The Citv will take necessary action to assure that its personnel 130licies and r)rocedures
t�r� �1 S I
based on merit and bona fide abilities and qualifications to perform the essential functions
of the job.
Ow7 Policy Directives, Departmental Policies
The City Manager may issue personnel policy directives
procedures in this Manual. Such directives shall be distributed to all affected employees and
shall apply with the same force as if the policies and procedures were set forth in full inthis
Manual.
b) Individual departments may establish additional policies that are consistent with this Manual.
by the City Manager. The City anager may modity such department policies Dy issuing a
policy directive in the manner set forth above. To the extent that such policies conflict with
this Manual, this Manual shall control.
100.8 Employment at Will
Employment with the City is at the mutual consent of the City and the employee. Either party
may cease the employment relationship at any time, with or without cause, and with or without
advance notice. However, an employee who leaves employment without providing the notice set
forth in the City's personnel policy may lose eligibility for certain accrued benefits.
Page � 15
ity of Anna
I %J R�y ""U�
V%� %J" Mille wy�w U te
7
epartments as far in advance as is reasonably possible to permit sufficient time for the
election of qualified candidates. Department heads shall notify the City Manager of any
nexpected vacancies as soon as practicable after the vacancy occurs. At the City's discretion,
acancies may be filled through public announcement, promotions, transfers, demotions or
einstatement.
ocated at City Hall or various other websites and publications. If so posted, each job
announcement insofar as practicable, shall specify the title, salary or salary range, and nature of
he job; the required qualifications; whether competition is open to the general public, City
)mployees or both; and the application deadline. Each announcement shall also contain a
;tatement affirming the City's commitment to a policy of equal employment opportunity.
[-. PIOYIII(C."L U1111 k P[JU" A ), I UOU va%�Cl" PUO %J"M " U FF
for Employment Form, the City may require an applicant to submit additional forms and
documents, depending on the position for which the applicant is applying. The City may
reject incomplete applications and applications not submitted in the prescribed manner. All
information submitted in connection with applying for City positions is subject to verification.
h% Kin rina chnil hin P In orl in an\/ nosition ith the City until a co pleted application of
employment that have not resulted in employment will be retained active for not more than
30 days after application submittal or the application deadline, whichever expires sooner;
provided, however, that the City may hire applicants whose application has expired when in
the City's best interest and when in conformance with equal opportunity employment. After
the expiration of an active application, the City may require that a new application and/or
resume must be submitted in order to be considered for any new openings. Applications
that have resulted in employment shall be included in the employee's City employment
records and continue to be subject to verification of the facts stated therein.
c) The City relies upon the accuracy of information contained in the employment application,
employment. Any misrepresentations, TaISITIcations or material o issions in any ot inis
information or data may result in the exclusion of the individual from further consideration
for employment or, if the person has been hired, termination of employment.
(d) Employees shall be responsible for notifying the department head and Human Resources
Department of any change in address, marital status, current telephone number or any other
information required by the Human Resources Department.
101.4 Employment Evaluation/Disqualification
(a) Employment with the City shall be based on merit, ability, and fitness to perform the essential
functions of a job, with or without reasonable accommodations. The primary goal of the City
is to fill vacancies with highly qualified applicants that are the best suited for the position.
The City Manager, department head, or their respective designee(s) shall determine the
most appropriate means of evaluating applicants against job requirements and
organizational mission to identify the qualified persons suited for the job. Depending on the
job positions and its essential functions, the City may, as deemed appropriate, use reference
checks, interviews, medical and psychological examinations, drug tests, physical agility
tests, criminal history checks, verification of citizenship or employment eligibility, skills tests,
written tests, driver's license checks, credit checks, and/or other screening procedures as
deemed appropriate and in all cases use of same shall be consistent with applicable
employment laws and regulations and the City's personnel policies.
(b) Applicants may be required to provide any information regarding work experience and
qualifications necessary to demonstrate compliance with prescribed qualification
requirements or proficiency.
(c) At a minimum, to be eligible for employment with the City, or for a change in present
personnel status, an individual must:
(1) be at least sixteen (16) years of age, depending upon the requirements of each
position;
(2) have a social security number;
(3) agree to be fingerprinted, if requested;
(4) agree to a polygraph examination related specifically to job performance for
positions designated by the City Manager, if requested, and such examination is not
prohibited by law;
(5) where permitted by law, pass a physical and/or psychological examination
administered by a licensed medical practitioner selected by the City, to ensure ability
to perform essential duties of the job;
(6) where permitted by law, submit to alcohol and drug screening tests;
(7) satisfactorily complete any interviews, examinations and performance tests, if
required because of job duties;
(8) show proof of United States citizenship, legal residence, or other documentation that
establishes employment eligibility in the United States, as required by the
Department of Justice;
Page � 17
(9) possess a valid Texas driver's license and have an acceptable driving record in
compliance with the City's personnel policies, where applicable, unless waived by
the City Manager (when requested, applicants must provide a copy of their driving
record to the City and/or provide the City with a signed and completed form of
release that will allow the City to obtain the applicant's official driving record); and
(10) meet minimum requirements of the job description for which employment is sought,
and submit to all other employment procedures administered by the Human
Resources Department.
(d) An applicant shall be disqualified from consideration if he orshe:
(1) does not meet the necessary position -performance qualifications;
(2) has made any false statements of fact on the application, depending upon the
seriousness, willfulness and materiality of the false information to the position;
(3) commits or attempts to commit a fraudulent act at any stage of the selection process;
(4) does not have a driving record that is acceptable to the City;
(5) is in violation of the City's Substance Abuse Policy;
(6) is not lawfully authorized to work in the United States in accordance with the Federal
Immigration Reform and Control Act, as amended; or
(7) would, if hired, be in violation of the nepotism policy or laws.
(e) Former employees of the City who were dismissed for reasons of misconduct or
performance are considered ineligible for rehire.
(f) An applicant may also be disqualified from consideration upon other reasonable grounds
relating to job requirements.
101.5 Americans with Disabilities Act
The City is an equal opportunity employer and, as such, requires compliance with the
Americans with Disabilities Act (ADA). The Act prohibits discrimination against qualified persons
with disabilities in application procedures, hiring, advancement, discharge of an employee,
employee compensation, job training, and other terms, conditions, and privileges of
employment. All requests by City employees for reasonable accommodations under the ADA
should be submitted in writing to the Director of Human Resources, who shall notify the
employee's department head. The City shall comply with ADA regulations when considering all
requests for accommodation. Supervisors or department heads, as applicable, are required to
engage in a good faith, interactive dialogue with qualifying persons to identify whether
reasonable accommodations may be available for an employee's disability.
U1 WO Applicant Relerral, InLerview and SeleCLIon r-rocess
al I he relerral ol app,icanLS LO depa, Ll I [tZ;l IL t7,0 i I OU C;k� U" 0 Ck C; I I cxk�k�kjj U"U� VV
approved City policies, procedures, and practices developed by the City. Interviews will be
structured and conducted in such manner as to appraise the applicant's qualifications and
ability to perform the essential functions of the position. All applicants meeting the minimum
requirements may not receive a personal interview. All departmental proposed hiring
procedures that are more specific than the policies and procedures set forth in this Manual
will be submitted in writing to the City Manager and Director of Human Resources who shall
forward same for review by the City Attorney. Such proposed procedures shall not go into
effect unless and until approved by the City Manager and City Attorney,
head will then submit the selection to the City Manager and/or his designee to proceed with
any appropriate pre�hiring screening or background checks.
those in partAime, temporary and selected volunteer positions. Since it may take several
weeks to receive results, applicants selected for positions may be offered provisional
employment. If applicants have not provided accurate information regarding their criminal
history, they may be dismissed from employment,
when the credit history is related to the position for which the person is being
considered. The City shall comply with the Fair Credit Reporting Act before
obtaining a lolamirelated credit history.
employment and will determine Inrough Me individualized assessmem l3rocedures
described below whether the individual should be excluded from employment.
4. k ; I A A i A + f� I f
VV 11�" I �:j V t:!
beina considered. The City will determine throucih the evaluation criteria for
applicants, as set forth in its Motor Vehicle Operator Standards, whether the
I
individual should be excluded from employment
n) An employee or nrospective employee must be provided written notice that a credit
an outside, Privatemsector agency or search engine will be used (can be on same
form and be part of the application materials), If the results of a credit or
back.ground check result in the applicant being re*ected for employment, the City
must provide written notice of why, give the applicant a copy of the report, and
provide the name and address of the service which provided the information.
h) This policy applies to all employees, including all fullAime and partmfirrie employees,
volunteers.
i) Consumer Credit Reports
• "Adverse action" includes a denial of employment or anV other decision for
employment purposes that adversely affects any current or prospective employee.
• "Consumer report" includes any information from a consumer reporting agencv that
is used or expected to be used as a factor in establishing the person's eligibility for
employment.
• "Consumer reporting agencv" is an agencv that, for monetary fees, dues, or on a
cooperative nonprofit basis regularly assembles or evaluates consumer credit
information or other information on consumers for the purpose of furnishing
consumer reports to third parties.
• "Employment purposes" when used in connection with a consumer report means a
report used for the purpose of evaluating a person for employment, promotion,
reassignment, or retention as an emploVee.
15 U.S.C. 1681
(i) Obtaining Reports
The City may not procure a consumer report for employment purposes unless:
1) The City has provided the applicant or employee a written disclosure that a
consumer report maV be obtained for employment purposes; and
2) The applicant or employee has authorized in writing the procurement of the
consumer report.
,�k) Adverse Action
• Before taking any adverse action based on the consumer report, the City shall
provide the applicant or employee a LUM of the consumer report and a written
description of the person's rights under the Fair Credit Reporting Act, as prescribed
by the Federal Trade Commission.
15 U.S.C. 1681(b) (3)
(I) Notice of Address Discrepancy
• "Notice of address discrepancy" means a notice sent to a user by a consumer
reporting agencv that informs the user of a substantial difference between the
address for the consumer that the user provided to request the consumer report
and the address(es) in the agency's file for the consumer.
(a) When the City receives a notice of address discrepancy, it will compare the
information in the consumer report provided by the consumer reporting agencv with
information the City maintains in its own records, such as applications, change of
Page � 20
address notifications and other personnel records. In addition, the City will verify the
information in the consumer report provided by the consumer reporting agency with the
consumer.
(b) If the City regularly and in the ordinary course of business furnishes information
to the consumer reporting agency from which it received the notice of address
discrepancy, the City will furnish an address for the consumer, which the City has
reasonably confirmed is accurate to the consumer reporting agency. The City will
reasonably confirm an address is accurate by verifying the address with the consumer
about whom it has requested the report: reviewing its own records to verify the address
of the consumer; or using other reasonable means.
16 CFR 641.1
(m) Disposal of Records
• The City must properly dispose of a consumer report by taking reasonable
measures to protect against unauthorized access to or use of the information.
• "Dispose" includes discarding or abandoning the consumer report, or selling,
donating or transferring any medium including computer equipment, upon which
the consumer report is stored.
(a) Examples of reasonable measures include:
1) Burning pulverizing or shredding papers containing a consumer report so
the information cannot practicably be read or reconstructed;
2) Destroying or erasing electronic media containing a consumer report so that
tMe information cannot practicably be read or reconstructed; or
3) After due diligence entering into and monitoring compliance with a contract
with another party engaged in the business of record destruction to dispose
of the consumer report.
16 CFR 682.3
(n) Individualized Assessment
(a) Only City employee(s) authorized to view criminal history records will be involved in
conducting an individualized criminal history record review.
b
) Consistent with business necessity, the City shall disqualify from employment a
person whose criminal history is inconsistent with the lob duties of the position for
which the person is being considered.
�c) The City shall perform an individualized assessment of criminal history record
information when determining a person's eligibility for employment in a specific
position.
Page 21
(d) The CitV shall take into account a variety of factors, including the following:
1. The nature of the offense;
2. The age of the person when the crime was committed;
3. The date of the offense and how much time has elapsed;
4 The adjudication of the offense (e.g., whether the person was found quiltV by
a trier of fact pled guilty, entered a no contest plea, or received deferred
adjudication);
5. The nature and responsibilities of the job sought;
6 The accuracy of the person's disclosure of his or her criminal history during
the selection process;
7. The effect of the conduct on the overall environment; and
8 Any further information provided by the person concerning his or her criminal
history record.
fie) In conducting the individualized assessment the City will consider both the factors
set out above and any additional information provided bV the individual. The City
may obtain court records if needed to validate the information provided.
(f) Using the available information the City will determine whether or not exclusion
from employment is consistent with business necessity.
(q) Failure to disclose criminal history on an employment application will exclude a
candidate from employment with the City, regardless of whether the candidate's
criminal history alone would have disqualified him or her for employment.
h Arrests
(1) The fact of an arrest alone does not establish that criminal conduct has
occurred and the City shall not disqualify a person based solely on an arrest.
The City may make an employment decision based on the conduct
underlying the arrest if that conduct makes the person unfit for the position in
question.
(i) Notice to Candidate for Employment
(1) A candidate for employment who has a criminal history record will be notified in
writing that he or she may be excluded from employment due to criminal history.
The candidate will be given an opportunity to provide additional information
concerning his or her criminal history record to be considered as part of the
individualized assessment process.
Additional information may include:
• Documentation showing inaccuracies in the criminal record;
• Any evidence related to the factors for individualized assessment listed above;
Page i 22
• Evidence that he or she has performed the same type of work, since the
incident(s) noted on the criminal history record, with no known incidents of
criminal conduct;
• Rehabilitation efforts, including education and training;
• Employment or character references; and
• Whether or not he or she is bonded (if a bond is required for the lob position
with the CitV).
(2) If the individual does not provide additional information in a timely manner, the
City will proceed with an individualized determination with the information
available to the City.
(1) Claim of Errors in the Record
(1) A candidate for employment who claims that the reported criminal history record is
erroneous may be provided a copV of the record so that he or she can undertake
efforts to correct the record.
(o) Offenses for Which Exclusion is Likely
(1) A record of certain offenses carries a high likelihood that the City will exclude the
individual from employment. Subject to an individualized assessment, the following
classes of offense will likely preclude employment with the City:
• Anv offense for which employment of the individual places the safety of other
employees at risk regardless of the date of the offense, its relation to the
employee's iob or the age of the victim. Such offenses include: homicide, murder,
capital murder, unlawful transport false imprisonment, trafficking of persons,
sexual assault aggravated sexual assault, rape, child abuse, sale or purchase
of a child arson robbery, aggravated robbery, prostitution or solicitation of
prostitution child pornography, and sexual solicitation of a child.
• Anv offense that, because of the relationship between the offense and the duties
and responsibilities of the position in question creates a risk to the best interests
of the City. For example a person who has committed a property offense will
not
normally be eligible for a position with financial duties or responsibilities.
• Any felony conviction that occurred within the ten years prior to application for
employment with the City.
• Any Class C misdemeanor conviction involving moral turpitude (i.e., theft) within the
ten years prior to application for employment with the City.
(p) Adjudication of Offenses
(a) Conviction
(1) In considering the adjudication of the offense, the following standards apply. The
City will ordinarily treat a conviction as proof of guilt. A conviction record constitutes
reliable evidence that a person engaged in the criminal conduct "beyond
reasonable doubt."
b Arrest
(1) An arrest record alone does not establish criminal conduct. Before the City makes
an employment decision based on an arrest, the City will examine the
circumstances surroundinq the arrest and will make any necessary inquiries. The
City is not required to conduct an extensive investigation to determine the
individual's quilt or innocence but need only make inquiries that could shed light on
the likelihood of the individual's guilt in committing the underlying offense.
(2) An arrest will be treated as a conviction when inquiries sugaest a high likelihood
that the individual committed the underlying offense. Where such a determination is
not found the arrest will not be used to take an adverse employment action against
the individual.
L) Deferred Adjudication
(1) A grant of deferred adjudication resulting from a no contest orquilty plea will
ordinarily be treated as an admission of quilt. However, the City will make inquiries
similar to the inquiries made when an arrest is reported.
(21 When such inquiries sugaest a high likelihood that the individual committed the
underlying offense, deferred adjudication will be treated as a conviction. Where
such a determination is not found, deferred adjudication will not be used to take an
adverse employment action against the individual.
(d) Not Guilty, Withdrawn, or Dismissed Charges
(1) For a not guilty, withdrawn, or dismissed adjudication, the individual will be asked to
explain, in writing, the circumstances and must provide a certified copy of the court
paperwork showing the final disposition of every charge. The City may make
additional inquiries into the surrounding circumstances.
(2) The charges will be treated as a conviction when such inquiries suggest a high
likelihood that the individual committed the underlying offense. Where such a
determination is not found, the criminal history in question will not be used to take an
adverse employment action against the individual.
(q) Types of Convictions
(1) If the criminal history record shows a conviction, or if inquiries made during the
record review indicate a high likelihood of quilt and/or recurrence, then the
followingemployment restrictions will apply:
a Felon
(1) For a felony offense committed within the ten years before application for
employment see OFFENSES FOR WHICH EXCLUSION IS LIKELY, above.
(2) If the vidual committed a felony offense more than ten years before
application for employment, the City will determine whether the conviction was
for an offense that generally requires exclusion by law or by policy or, if not,
whether the underlying offense relates to the duties and responsibilities of the
desired position.
The following guidelines will apply:
• If the offense does not relate to the duties and responsibilities of the position, and
was not for an offense that would otherwise preclude employment, the individual
may be considered for employment or continued employment.
• If the offense does relate to the duties and responsibilities of the position, the City
will consider the likelihood of recurrence of the criminal behavior. A determination
that the behavior is unlikely to recur will result in the individual being eligible for
employment; a finding to the contrary will result in the individual being ineligible for
employment.
(b) Class A & B Misdemeanors
�1) An individual may be eligible for employment if the conviction for a Class A or Class
B misdemeanor is not related to the duties and responsibilities of the position
and/or has occurred more than five years prior.
(2) For a Class A or Class B misdemeanor offense involving moral turpitude committed
within the ten years before application for employment, as applicable, see
OFFENSES FOR WHICH EXCLUSION IS LIKELY, above.
The fo11o1Ainc1,guidelines will apply:
• If the offense does not relate to the duties and responsibilities of the position, and
was not for an offense that would otherwise preclude employment, the individual
may be considered for employment.
• If the offense does relate to the duties and responsibilities of the position, the Cit
will consider the likelihood of recurrence of the criminal behavior. A determination
that the behavior is unlikely to recur will result in the individual being eligible for
employment; a finding to the contrary will result in the individual beinq ineligible for
employment.
�3) If the conviction occurred in the past five years and does relate to the duties and
responsibilities of the position, the employee is ineligible for employment in the City if it
is determined there is a high degree of likelihood for the recurrence of the behavior.
(c) Class C Misdemeanors
Page � 25
(1) For a Class C misdemeanor offense involving moral turpitude committed within the
ten years before application for employment, as applicable, see OFFENSES FOR
WHICH EXCLUSION IS LIKELY, above.
convicted of a Class C misdemeanor that does not involve moral turpitude or that
occurred more than ten years prior, the City will determine whether the underlying
offense relates to the duties and responsibilities of the desired position.
The following guidelines will apply:
• If the offense does not relate to the duties and responsibilities of the position, and
was not for an offense that would otherwise preclude employment, the individual
may be considered for employ
• If the offense does relate to the duties and responsibilities of the position, the City
will consider the likelihood of recurrence of the criminal behavior. A determination
that the behavior is unlikely to recur will result in the individual being eligible for
employment; a finding to the contrary will result in the individual being ineligible for
employ
�) Multiple Offenses
(1) An individual with multiple offenses that individually do not make him or her
ineligible for employment may be deemed ineligible for continued employment
when repetitious criminal behavior indicates a high degree of likelihood for
recurrence of the behavior.
(e) Unlisted Criminal History
11) If a criminal history record does not list an event reported by the candidate for
employment he or she will be asked to explain, in wrng, the circumstances foreach
reported incident. A certified copy of pertinent court paperwork showing final
inal
disposition of the charge must be included. The City may make additional inquiries.
(t) Applicants for Employment with Police and Fire Departments
(11 The standards of elimination of employment for Police Department and Fire
Department positions may differ and may be established by departmental policy.
(g) Other Policies
(1) Applicants are subject to elimination under other City policies if the applicant's
criminal history limits his or her ability to perform the essential functions of the
position (e.g., conditions of community supervision which restrict the applicant's
workplace activities).
101.7 Authority for Employment Hire
(a) Hirings shall be made based on the applicant's qualifications, experience, talents and
suitability for the job as ascertained through fair and practical selection methods. It shall be
the policy of the City to appoint the most qualified applicant best suited for the position.
(b) The hiring authority for all City positions shall rest with the City Manager except as otherwise
provided by the City Charter. The City Manager may delegate such authority to the
department head for those positions under his/her supervision, and when hiring authority is
delegated the department head shall keep the City Manager and Director of Human
Resources informed of all proposed hirings in writing before an offer is made to an applicant.
Offers of employment will be made through the Human Resources Department.
101.8 Employment Status
All employees are classified into one of the following categories:
• Regular or Full -Time Employee —Employment in an authorized position in which the
employee works at least 40 hours in a regular work schedule.
• Part -Time Employee —Employment in a position normally budgeted less than 40 hours
per work week.
• Temporary Employee — Employment in a position established for a specified period of time
by the person(s) authorized to make such delegation(s), or for the duration of a specified
project or group of assignments.
101.9 Exempt or Non -Exempt Status
(a) To determine eligibility for overtime pay, employment positions are classified as "Exempt"
or "Non -Exempt" in accordance with federal and state labor laws and these Personnel
Policies and Procedures. Eligibility for overtime pay is identified below:
(1) Exempt —Exempt employees are not eligible for overtime pay, but under limited
circumstances may be granted personal time off during normal work hours forextra
hours worked according to Section 105.04 of this Manual.
(2) Non -Exempt —This classification includes all positions that are not exempt. These
positions are generally eligible for overtime pay.
(b) All job descriptions should state whether the position is exempt or non-exempt. However, in
the event that this is not the case, or if any questions arise about whether a position is
exempt or non-exempt, the matter shall be referred to the Human Resources Department
prior to a final hiring or overtime payment decision.
101.10 Nepotism
(a) In addition to the minimum restrictions set forth in the Charter, the purpose of this policy is
to define appropriate business relationships in the workplace that involve certain relatives
either of blood, adoption, marriage or cohabitation.
(b) Definitions:
(1) Nepotism -The practice of employing, favoring, providing benefits to, or giving any
workplace preference to certain relatives over other employees.
(2) Relatives -Includes, but are not limited to, the first, second and third degree of
consanguinity (blood), including adoption; and the first and second degree of affinity
(marriage). Common Law marriages, as recognized by the State of Texas, will also
be included for purposes of this policy. See tables below for examples:
Consan uinit Blood Relationshi s and Ado tive Relationships
First De ree
Second De ree
Third De rye
Mother
Grandparent
Great Grandparent
Father
Grandson
Great Grandson
Daughter
Granddaughter
Great Granddaughter
Son
Uncle
Great Niece
Brother
Aunt
Great Nephew
Sister
First Cousin
Second Cousin
Niece
Nephew
� Affinity (Marriage Relationship) �
First De ree Second De ree
Wife Brother -in -Law
Husband Sister -in -Law
Son -in -Law Spouse's Grandparent
Daughter -in -Law Spouse's Grandchild
Mother -in -Law Step -Grand parent
ather4�Law
tepmother
tepfather
tepdaughter
nor are declared to be married.
psister
pbrother
same living quarters. For the purposes of this nepotism policy, "living quarters" does
not include City�owned or City�controlled facilities, such as a fire station, at which
employees are scheduled to work or sleep overnight shifts.
cohabitants, or roommates to any elected or appointed City Official, or to any department
head, shall not be employed in any paid position with the City after the effective date of this
Manual. For the purposes of this provision, the term "City Official" means and includes: the
Mayor; Members of the City Council; Municipal Court Judges and Magistrates; the City
Manager; the City Secretary; the City Attorney; and Members of the temporary orstanding,
current or future Boards, Commissions, Governing Bodies, and Boards of Directors when
those Boards, Commissions, Governing Bodies, and Boards of Directors are appointed in
their entirety or partially by the City Council. No person related within the second degree by
affinity or within the third degree by consanguinity to the Mayor or any City Council member
or the City Manager may be employed by or contracted with for the City. This does not apply
to:
LU I U" I t� C;U VU U Liu U1 10 "U MCA U I U" �Fjr
I I i + �f
itv e plovee shall be supervised directIv bv a relative cohabitant
a direct supervisor/subordinate relationship with a relative, cohabitant, orroommate.
e) All external applicants for employment must, at the time of application and hire, disclose the
currently working for the City in any capacity. Nondisclosure of this information by an
applicant shall be deemed as falsification of his/ her application and shall result in non�
consideration for a position, or termination if the person has already been placed on the
payroll. In the case of collusion, the current employee who is a relative, cohabitant, or
roommate may be subject to disciplinary action, up to and including, termination.
f) When a relationship is created which is not allowed by this policy, the employees are in
Department of the relationship that violates this policy within five business days OT the
creation of the prohibited relationship, Failure to disclose this policy violation to the Human
Resources Department shall result in disciplinary action, up to and including, termination.
g) Ail employees who are Deing considered Tor promotion or transter to anOtHer position
(whether in the same department, or to a position in another department) must, at the time
of the application for promotion or transfer, disclose the name(s) of any relative(s),
cohabitant(s), or roommate(s) serving as elected City officials or currently working for the
City in any capacity. Non4sclosure may result in disciplinary action, up to and including,
termination.
3 1 1
department under the direct supervision of the same immediate supervisor. Under no
circumstance may relatives, cohabitants, or roommates permanently supervise one another.
Further, no relatives, cohabitants, or roommates shall be placed in positions allowing for
financial signature approval of any purchasing or payroll transactions for one another. In the
case where business demands require indirect or temporary supervision of relatives,
cohabitants, or roommates, the Department Head of the employee(s) is responsible for
establishing a process of auxiliary review for the affected employee(s). This process will
include review and signature authority over timesheets, purchase orders and any other
action where a conflict could arise from the reporting relationship of relatives, cohabitants,
or roommates, Additional related restrictions are set forth below in Section 101.10.1. In the
event of any conflict, the more restrictive provision shall govern.
in different departments, if that action creates a contlict, or the appearance OT a conTliCt OT
interest for the City, as determined by the City Manager. When any relationship through
blood, adoption, marriage, or cohabitation presents a conflict of interest for the City, the City
reserves the right to take appropriate action to eliminate the conflict, which may result in
disciplinary action being taken up to and including termination.
1 4 k I t4 ; +k k; ; I +; +k
I V%�V I I 1CO" U U" � I "�j U1 �� �� I W &
le� q" arwicnre mn nnt nrtiri nttn in diqCinlinarx, decisions or anneals involving his/
1) When a relationshin is created hich is not allo ed bv this DOIiCV or a der)artmental ru
vacate his/her position shall, initially, be left up to the affected employees. In all such
situations, the following procedure shall apply:
(1) The affected employees shall disclose their potential violation of this policy to their
2) The department head will notify the Human Resources Department of the potential
3) If the Human Resources Department determines there is a policy violation, the
Manager of the policy violation.
upon receipt OT notification ol the policy violaLion, Me allUCLed e ployees Snail De
given (15) fifteen calendar days from the date of the policy violation occurrence to
make a decision as to which affected employee shall vacate his/her position. At the
conclusion of 115�day post notification period, the affected employees shall be given
an additional fifteen (115) calendar days in which to vacate one of the positions.
H Y
within the fifteen (15) calendar day notification period, the City Manager shall notify
the employee who has the least seniority with the City, based upon the most recent
hire date, that he/she must vacate his/her position.
work conducted with all other positions in the City, it is inappropriate for persons in
these department/positions to be related to anyone employed by the City in any
capacity, by blood, marriage, or cohabitation, or roommate relationship, Within the
City , these departments, divisions and positions include:
City Manager's Office
Finance Department
Human Resources Department
subsection (1), above, as necessary, to prevent adverse impact on the worK environment. IT
relatives, cohabitants, or roommates are mistakenly awarded these positions, the
opportunity for alternate placement described earlier in this practice would apply.
8 N 0
�rk 0;� 11 ; I A
I F V ZJ
employees may become a concern if they have the effect of impairing the work of any
employee; harassing, demeaning, or creating a hostile working environment for any
employee; disrupting the smooth and orderly flow of work within the office; or harming the
goodwill and reputation of the City with its citizens, its customers, its business interests, or
in the community at large. For this reason, employees are subject to the following rules with
respect to their relations with other employees, both on and off duty:
b) A supervisor shall not engage in any form of romantic relationship with a subordinate
or have the appearance of creating or promoting favoritism or special treatment for the
subordinate employee. In addition, employees within the same department shall not engage
with one another in any form of romantic relationship as doing so tends to disrupt the smooth
and orderly flow of work within a department. Any of the relationships prohibited in this
subsection (b) must be promptly disclosed to the Director of Human Resources or to the
City Manager, as appropriate. The employees involved will be given the opportunity to
choose which of them will be reassigned to an alternative position, if feasible and in the
City's best interests as determined in the City's sole discretion and where favoritism, special
treatment, and other potential negative effects will not be an issue, Alternatively, one or both
employees may be subject to dismissal, depending upon the nature of the situation, All
employees, especially managers, are reminded that the qualities of good judgment,
iscretion, and co phance ith guidelines are all Laken inLo account. hen considering
uture advancement opportunities and salary increases.
in addition Lo the types o lt�ICILU"Z) PZ3 PIU U U" C;1 Ou ac;k� U" I U
4
social activity between two or more employees is prohibited if such relationship oractivity:
� F zJ r Y J J
any kind of dispute or conflict with other employees or third parties that is disruptive
to the workplace;
services to the City's clients or customers;
persons involved in the relationship.
esources or to the City Manager, as appropriate. The employee(s) responSiDle Tor such
roblems will be subject to counseling and/or disciplinary action, up to and potentially
ncluding termination of employment, depending upon the circumstances.
k ; +; A I +; ;+k
each OLI ie, It-jz)UUC1 Y C;t�ulllc; uULJJC;U U uu�opu
unfavorable publicity in the community, should be concerned that their conduct may be
inconsistent with one or more of the above guidelines. In such a situation, the employees
involved should request guidance from the Director of Human Resources or the City
Manager, as appropriate, to discuss the possibility of a resolution that would avoid such
problems. Depending upon the circumstances, failure to seek such guidance may be
considered evidence of intent to conceal a violation of the policy and to hinder an
investigation into the matter.
e) Friendships and social contacts between employees are not a matter of concern as long as
questions on this policy to the Director of Human Resources or the City Manager, as
appropriate.
or behavior normally associated with romantic or sexual relationships. This policy applies
only to consensual romantic relationships. Unwanted sexual attention (including but not
limited to physical contact) and sexually oriented behavior with the purpose or effect of
creating an offensive environment is prohibited, and is covered in more detail in Section
104011 of this Manual. The restrictions on romantic relationships in this section apply
regardless of the sexual orientation of the employees involved. This policy shall be
mple ented in a nond iscri minatory manner anU We UILY SHaii take any steps necessal Y LU
V
void disparate impact on either sex.
9 W� U"�Y �4"
AUUPL C:I%j UU "C; U Y CI K; I I uluo Y J
mployment. However, departmental policies and job descriptions outlined at the time of hire may
equire a specific response time for those employees likely to be called to work in cases of
mergency. Such employees may be required to reside within a reasonable commuting range of
heir places of work. For these purposes, a reasonable commuting distance shall be defined as
wenty miles from the City. The City Manager shall make any final determination regarding
cceptable response time or distance for key personnel. Employees who are allowed to operate
�ity vehicles between their places of residence and work may be required to reside within the
.ity or a reasonable commuting range as defined above.
at a pre�designated laboratory as directed by the City prior to the first day of employment.
The offer of employment is conditional upon the results of the drug screeningw The lab work
will be covered at the expense of the City.
also require individuals to take a medical and/or physical examination at Gity expense given
by a doctor or other health care provider designated by the City. For such positions, the
offer of employment is conditional upon the results of the required examination. The results
and the information obtained regarding medical condition or history will be collected and
maintained in separate forms and in separate medical files and shall be treated as
confidential medical information to the extent required under law, The City Manager, or other
hiring authority, acting upon information such medical/physical testing results, shall be the
final authority in determining medical suitability for employment.
P% Tho Tayncz C.n mission on Law Enforce ent Officer Standards and Education requires that
satisfactory psychological and emotional health to the be a police officer. For all Fire
Department employees/volunteers, the Texas Commission of Fire Protection requires a
physical assessment under NFPA 1582.
1,13 Emergency Temporary Appointments
N
he City Manager may hire temporary employees in cases of emergencies, or unusual or
xtraordinary circumstances that create demands for service that exceed the work force
apabilities of the City.
OIA4 Promotions and Temporary Promotions
"Promotions" are position changes to classes with highe
to vacant positions when positions are advertised or posted. To be eligible Tor a promotion,
0
an employee must meet the current minimum requirements for the vacant position.
D) PrODationary employees are generally not eligiDle Jor pro OUon during the proDaLlonary
0
period. Exceptions may be granted by the City Manager when such promotion is in the best
interest of the City. All promotions within an employee's current department shall be
documented on appropriate forms and forwarded to the Human Resources Department for
processing.
EE I
department must complete a new employment application, If the position is within
the employee's department, a Consideration for Promotion/Transfer Request Form
(Appendix A�3) may be completed in lieu of the regular Application for Employment
Form (Appendix A�2).
the Human Resources Department and the department head. The department head
may contact applicants to arrange interviews.
department, the Human Resources Department shall contact the employee's current
department head to establish a mutually agreed�upon transfer date, and the City
Manager shall have final authority to establish said date. Promotions must be
effective the first day of a payroll period.
employee will be placed must initiate a Personnel Action Form (Appendix A�4) to
promote and/or transfer the employee. See additional information in the subsection
below to be stated in the Personnel Action Form if the promotion is temporary. The
signature/approval level for promotions and temporary promotions is the City
anager.
rx/ or interim promotions av be authorized to ensure the r)roDer nerformance
'Y I
promotions are intended to be of limited duration and shall not be used to circumvent the
normal selection process. Employees given temporary promotions shall not acquire any
status or rights to the positions to which they are temporarily promoted. Employees
temporarily promoted may receive additional compensation for the duration of the temporary
promotion. In those cases where additional compensation is provided, the City Manager or
department head, as appropriate, must designate the duration of temporary assignment
time period on the Personnel Action Form. Employees may be compensated at the base
range for the temporary assignment position. If an interim promotion becomes permanent,
the employee's promotion date will be the effective date of the interim promotion.
e) Exceptions to the procedures in this section may be made by the City Manager when it is in
1015 Lateral Transfers
a) A lateral transler is LHe assignment ol an employee Irorn one POSILion to anoLHer POSILIon
without a change in compensation. Qualified employees may apply for lateral transfers to
vacant positions when the positions are advertised or posted.
I U 0 UH01 Y U [J UYUU%) C11 K; HU C; U K:; I a U10 ICAHO I U1 "�j � plu U �" I Y tj 9
Exceptions may be granted by the City Manager when such lateral transfer is in the best
interest of the City. I
complete a new employment application. If the position is within an employee's
department, a Consideration for Promotion/Transfer Request Form (Appendix A�3)
may be completed in lieu of the regular Application for Employment Form (Appendix
Aw2)w
be contacted by the department head for interview arrangements.
4
Department shall contact the employee's current department head to establish a
mutually agreed�upon transfer date. The City Manager shall have final authority to
establish said dateff Transfers must be effective the first day of a payroll period.
ust initiate a Personnel Action Form kAppendix /A�z+) LO Lransier LHe e ployee. See
additional information in the subsection below to be stated in the Personnel Action
Form if the promotion is temporary,
�r 4� 1 1 -F^ I + r4 + +; k +k 04 hA
4-k r%;+
4)*
7) ExceDtions to the Drocedures in this section may be made by the City Manager when
Demotions
(a) A demotion is the assia
disciplinary measure or for poor work performance.
b) Employees qualified to perform lower�level position duties may be approved for
to layoffs or terminations. Administrative demotions shall not De considered disciplinary
actions nor disqualify employees involved from consideration for later advancement.
Demotions implemented as alternatives to layoffs may be fully or partially rescinded at any
time. Probationary employees generally are not eligible for voluntary demotion during the
rOlJaLlonary period. Exceptions ay be granted UY Me kALY Manager "enSUCHvolunLClry
emotion is in the best interest of the City.
kol U111U UHO UO u appluvu Y qZO Y U"U�J�l W
a a Y
Jisciplinary measure. The period covered by this type of disciplinary action may not exceed sixty
lays. Any pay reduction for disciplinary reasons must be authorized by the City Manager.
ehire. Former employees of the City who were dismissed for reasons of misconduct or
R
nadequate performance are considered ineligible for rehire. Should an exception be desired, a
'ormal review can be requested in writing to the City Manager no sooner than one year after
eparation. Upon separation from employment, the status of eligibility for rehire shall be set forth
n a Personnel Action Form (Appendix A4).
job, the benefflS, 013ligations and responsibilities OT the position, and the general policies and
procedures of both the City and the department in which he or she is employed, Depending
on the position, the orientation may be more or less formal, and may require more or less
time. This orientation may be conducted by the Human Resources Department or
department head, as applicable.
V I b I I r
employment.
6 To the extent the followinn has not occurred before orientation it should be the fi t sten in
and (2) the employee shall provide the Director of Human Resources with a signed copy of
the acknowledgement form (refer to Appendix A�1).
1MI9 Employee Personal Information
t
(a) Duty to Update. All employees are required, a
a designation of beneficiary form. This information shall be forwarded to the Director of
Human Resources to be filed as a part of the personnel records of the employee.
1b) Public Information Act. Much of the information regarding employees of a governmental
Information Act. Upon proper request, all information required to be disclosed under the
Texas Public Information Act shall be released; however, information related to an
employee's home address, home telephone number, emergency contact information, social
security number or that reveals whether the employee has family members shall not be
released if the employee has requested that such information not be released. Employees
who do not wish the information consisting of their address, home telephone number, or
which reveals whether the employee has family members must notify the Director of Human
Resources of their desire to withhold such information within fourteen days of beginning
employment with the City, and must sign appropriate documentation that expresses such
desire. If no request to withhold is received from an employee, by operation of state law the
information will be subject to public access.
101.20 Internships
(a) Internships provide students with an opportunity to combine work experience and
professional development to enhance their formal education.
(b) The City shall establish and maintain strong collaborative relationships with
colleges/universities for the purpose of providing professional development opportunities to
students interested in careers in local government.
(c) Each year during the budget process, departments may submit to the Human Resources
Department and the City Manager a request for an internship to provide internships for the
following fiscal year. The request must include a description of the goals, objectives for the
assignment and length of the internship. All internships, paid or unpaid, must be approved
by the City Manager and the Human Resources Department.
(d) Internships may be voluntary or paid. Candidates for internships will be required to complete
a pre -employment drug screen and criminal background check as outlined in this Manual
for other employees. Interns will be hired as temporary employees and therefore are not
eligible for any benefits associated with permanent employment with the City.
(e) The hiring supervisor will complete an evaluation of the intern's performance at the
conclusion %J their assignment and submit to Human Resources. If the Intern's educational
institution provides an evaluation to be completed for their records, the City's review will be
completed as a supplement to the institution's requirement. Any additional requirements of
the intern's educational institution should also be met.
City of Anna
Personnel Policy Manual
Section 102. Reference Checks and Recommendations
102.1 Reference Checks
(a) All requests for information, written or verbal, from persons outside the City concerning job
applicants and/or current, retired, or terminated employees must be referred tothe Director
of Human Resources. Examples of requested items shall include, but not be limitedto:
(1) Verification of employment for loan andJor credit application;
(2) Verification of employment status;
(3) Salary verification or information;
(4) Verification of work and/or attendance records; and
(5) Prior work history.
(b) The Director of Human Resources shall inform an employee whose information has been
requested. Unless the employee signs a release specifying specific additional information
to be released, the Director of Human Resources will release only the dates of employment,
position held and final salary, subject to any requirement to release additional information if
required by law.
102.2 Recommendations
Letters of Recommendation written for a current, retired or terminated employee must be
approved by the City Manager or his or her designee. A copy of the letter shall become a part of
the employee's file.
City of Anna
Personnel Policy Manual
Section 103. Probation
103.1 Probation Period
(a) Every newly employed person is a probationary employee until the employee successfully
completes a probation period of six months, unless otherwise specified by department policy
or law.
(b) The department heads shall use the probation period to closely observe and evaluate the
work and fitness of employees and to encourage adjustment to their jobs. Only those
employees who have satisfactory job performance and meet the minimum job qualifications
during their probation periods shall be retained.
(c) Satisfactory job performance includes, but is not limited to: regular attendance;
punctuality; proper conduct toward the supervisor, fellow employees, City administration,
City Council and the general public; and satisfactory performance of the duties of the
position.
(d) An employee's probation period may be extended up to three more months if, in the opinion
of the department head or the City Manager, such additional time is necessary or warranted
in order to adequately evaluate the employee or to secure any license or certification
required for the position. In the case of appointing or promoting department heads, the
probation period shall be evaluated by the City Manager.
(e) Newly hired and newly promoted employees generally are not eligible for promotion, lateral
transfer or voluntary demotion during the probationary period. Exceptions may be granted
by the City Manager when such promotion, lateral transfer or voluntary demotion is in the
best interest of the City.
(f) Newly hired employees generally are not eligible for paid sick time during the first ninety
(90) days of the probation period. Exceptions may be granted by the City Manager when
such compensation is in the best interest of the City. During the first six months of
employment, newly hired employees are not eligible to receive vacation pay, although
vacation time begins accumulating upon the first day of employment. Exceptions may be
granted by the City Manager when such compensation is in the best interest of the City.
(g) The probation period does not modify the "at -will" nature of City employment. During or at
the end of the probation period, the department head may discharge or discipline any
employee at will and such disciplinary action or discharge shall not be subject to any
grievance or other review.
103.2 Completion of Probation
(a) Department heads shall submit a performance evaluation on each employee to the City
Manager approximately two weeks prior to the completion of the probation period.
Page � 31
(b) Notwithstanding subsection (a), an employee may be deemed to have failed their probation
period at any time within the probation period or at the conclusion thereof, in which case the
employee shall be subject to termination, without any recourse to grievance or other review
proceedings. However, the employee may be administratively transferred to a more suitable
position with approval of the City Manager,
103.3 Appeal of Failure of Probation
An employee failing probation shall have no right to appeal except on the grounds of
discrimination or other grounds prohibited by law and City policies, in which case the employee
may appeal in writing to the City Manager within three working days following notice of failure of
probation. The decision of the City Manager shall be final.
N
ty OT Anna
I Z�U""= U ILOY O"UO
0
I
work their scheduled hours and overtime, if necessary. Employees shall be at their place of
work in accordance with City and departmental policies and regulations.
Friday. The standard work day will be eight hours exclusive of a one�hour meal period as
approved. Employees in certain departments including but not limited to the Police and Fire
Departments and Public Works will often have designated work schedules outside of the
standard business hours that may exceed the eight hour standard work day. Department
heads may provide for alternative schedules to the standard work day or may authorize
alternative work locations (i.e. work from home) for individuals or groups of employees if
necessary or desirable, subject to approval of the City Manager,
periods each full worK day 1T duties permit Rest periods snail De considered a privilege and
not a right and shall never interfere with the proper performance of the work responsibilities
of each department, and time does not accumulate if nottaken.
1� 1� k + 40 f)4 KA A A A + �;Ani k+ �n
L tZ; U 11�3 U" clya U Ul C;u I Vi �J � F tj il
employees runs on a 2&day cycle. Department heads shall establish work schedules and
maintain daily employee attendance records. All employees are expected to submit their
approved time sheet signed by their supervisor according to departmental policies; failure
to provide a time sheet at the time specified by the supervisor may result in a delay in an
employee receiving some or all of the compensation due for time worked. The Human
Resources Department will maintain annual employee attendance records*
4m2 Work Standards
(a) E nlovees while on dutv are
with respect and dignity. The intent of this policy is to make a clear statement that
unprofessional and abusive behavior will not be tolerated in the workplace. In addition to the
provisions in this Manual, employees are responsible for complying with any other federal
and state laws or regulations and local ordinances governing theirconduct.
b) Grounds for immediate dismissal of an employee may include, but are not limited to:
(1) Use of intoxicants or controlled substance while on cluty, or reporting Tor auty wn
controlled substances or substance aDUse;
(2) Unauthorized possession of firearms, explosives or any dangerous weapons atany
time, on any City property (including, but not limited to parking lots and City vehicles,
except as authorized by state law for concealed handgun permit holders transporting
or storing a firearm in a locked and privately owned motor vehicle in accordance with
the Texas Labor Code, Chapter 52, and other applicable law) or while performing
City work;
(3) Conviction of a felony (a plea of no contest will be considered a conviction for the
purpose of this section); or crimes involving moral turpitude or dishonesty which can
include, but are not be limited to, certain misdemeanors, depending on the
circumstances;
(4) Absence without leave for a full work day or more, with or without notice by the
employee, or absence for a serious medical condition for more than twelve weeks
unless such circumstances are in compliance with laws, including the Family Medical
Leave Act to the extent applicable;
(5) Insubordination or refusal to obey a just order, including, but not limited to, neglect
of duty, refusal or failure to obey orders or instructions in the line of duty, public
disrespect displayed toward a supervisor or the City while performing work for the
City, abusive language to any supervisor, and refusal to sign a form acknowledging
receipt of any documentation provided by the City to the employee if the
documentation is accompanied by a statement indicating that the signature is not an
admission of guilt;
(6) Fighting, threat of violence or any unnecessary intimidating conduct or unreasonable
disruption in the workplace;
(7) Bullying of any employee or official of the City, including but not limited to peers,
subordinates, or supervisors;
AN
Willful or reckless misu(ze, destruction, theft or conversion of City property, whether
on or off duty, including, but not limited to, destruction, misappropriation or removal
of City property (including files and work documents) or the property of employees,
clients or customers;
(9) Falsification or unlawful destruction or use of official documents orrecords;
(10) Repeated or habitual absenteeism, even if excused, ortardiness;
(11) Abuse or unauthorized use of sick leave
(12) Substandard performance, inability or unwillingness to perform the essential
functions of the position with or without reasonable accommodations;
(13) Misconduct or mismanagement of a position of employment by action or inaction,
neglect that jeopardizes the life or property of another, intentional wrongdoing,
intentional violation of a law or violation of a policy or rule adopted to ensure the
orderly work and safety of employees;
4) tngaginginaciivitiesoinerinanassignecJ orKauringworKingrioursano/or hile
operating City equipment, without advance approval by the employee's supervisor;
Y F1 �F� Y �J I I 1� I V�l �J F
V t� V F J V J
supervisor, including but not limited to motor vehicle accidents in a Cityvehicle;
employees may function. Management must maintain efficiency within its operations and
must determine the methods by which functional areas accomplish their objectives.
Management also must schedule work events and employees to accomplish its mission.
and economy in their work for the City. Employees are expected to conduct their personal
business in such a manner as to cause little interference with individual or group work
performance. This includes personal visits of friends and relatives, phone calls, and requests
for absence from work for personal, financial, medical, or other reasons. If work habits,
attitude, production, and or personal conduct of an employee become a problem,
supervisors should take appropriate action at thattime.
U Hu"00 U" t�a a, Pluillu U" a" ICI"O I 0HP k�o U"O, ��l III "U �" �UIIIJJ U " �1
grievances and insurance claims. These activities may be accomplished during working
hours only with knowledge and approval of the employee's supervisor.
A *1 D^1;fif%n1 A^fivurifignc
In\ r= I �n �n +hnir
(1) Employees may not make, solicit or receive any contribution for any candidate
of such candidate. $
2) E Dlovees av not use their DOSition as a City employee to actively caMDaian for,
3) Employees may not campaign for or against any candidate for elective office at the
normal work hours or at any City place of work, whether they are off duty at the time,
Nor may any employee represent themselves as supporting or opposing any such
candidate or voter proposition using their City employment, title, uniform, or
authority.
D) IT any employee OT the Gity snail Decome a candidate lor nominaLlon or eleCL1on Lo any
elective public office for the City, then that employee shall immediately forfeit his or her place
or position with the City.
"Y Y U P Uyuc; U 0 �U"J� � V Y
candidate for elective office in a partisan election. (A partisan election is an election in which
candidates are to be nominated or elected to represent a party whose candidates for
presidential electors received votes in the last preceding election at which presidential
electors were selected.) City employees are subject to this additional Hatch Act restriction
if their principal employment is in connection with an activity which is financed in whole or
W
in part by loans or grants made by the federal government,
part of a written departmental policy that permits the employee to release specific categories
of records or information to the public, the employee shall follow the procedures set forth in
this section whenever an employee receives a written request for public information.
employee should respond only by reply email. If the employee receives such a request via
facsimile, the employee should respond only via facsimile. The content of the employee's
response to a request received via email or facsimile shall be as follows, including the
correct date and time of the email or fax in the blanks:
�) 4U , aL..1 114 CIO " UH U V 1z; C1 I lZr4uqZ50 I FU
iformation, I am not an authorized officer for public information for the City of Anna
nd therefore I cannot respond to the request. A request for public information may
e sent to the City Secretary in accordance with The Anna City Code of Ordinances,
art 11, Art. 48, Sec. 8. The Code can be accessed at www.annatexas.gov or by
ending a written request for the Code to the City Secretary. If you have questions
bout this, please direct them to the City Secretary. Thank you for your cooperation.
lovee continues to receive additional reauests for information by email or faxfrom
# 1 9
forth above, or if the employee receives any harassing or threatening communications or
has any questions regarding how to handle a request, the employee should report to their
supervisor or department head as soon as possible.
d) If an employee receives a written request for information that was submitted other than by
(same day as receipt if at all possible) provide the request to the employee's department
head.
e) Department heads shall follow the same instruction set forth above as set forth above in this
information submitted other than by email or Tax kor 1T a SUDordinate provides you ith a
request submitted to them by means other than by email or fax), the department head shall
promptly (same day as receipt if at all possible) forward the request to the CitySecretary.
Certain exception LO LHIS seCL1on ay apply H a depaitmem head "as already eSLaU11SHed
and the City Manager has already approved a routine policy that allows the release of
specific categories of information (e.g., release of accident reports by the Police
Department). If a department head desires to establish a special policy that differs in any
manner from the procedures set forth in this section, the department head shall draft a
proposed departmental policy describing same and shall submit it to the City Manager for
review. If approved in writing by the City Manager, the special policy shall be distributed to
all employees in the department and it shall take precedence over the procedures in this
section to the extent of any conflict.
the City Manager. Employees are to refer inquiries that are non�routine, controversial, or
outside the scope of the employee's normal duties to their department head who shall
consult with the City Manager. All inquiries/communications from the media or regulatory
officials should be directed to the City Manager, appropriate department heads and/or the
Communications Manager.
or request for a media interview concerning City affairs shall immediately refer the inquiry to
his/her department head and the Communications Manager, Employees in the course and
scope of employment duties shall not provide the City 3 s position in response to a media
inquiry without prior authorization from his/her department head Communications Manager
or the City Manager. Before responding to a media inquiry or interview request, the
department head shall notify the City Manager and/or the Communications Manager of the
inquiry. The City Manager has discretion to conduct official communications with the news
media when it is in the best interest of the City.
63 #� f% 4N; UNk f%;4 r "I k V
direction and supervision of the City Manager solely through the City Manager. A City
Council member may not give orders to any such officer or employee either publicly or
privately except as otherwise provided in the Charter. Any communication by employees or
volunteers with City Council members that circumvents or attempts to circumvent the
authorities and/or duties of the City Manager in violation of the City Charter or these
Personnel Policies is prohibited.
b) It is important that when requested, members of the City Council have access to complete,
information requests from City Council Members, the following procedures apply:
(1) Any employee or volunteer contacted by a member of the City Council shall promptly
promptly notify the City Manager.
2) Department Directors shall immediately notify the City Manager when a request from
ill be provided cons!SLenL W1 Me requiremenLS 01 LHe lexas Public IniormaLlon
Ct. ADsent extraordinary circumstances, any intormaLlon provideU LO one UILY
ouncil Member shall be available to each member of the City Council, The City
anager and City Secretary will also receive copies of all information provided to
ity Council Members.
I I 1P %Jy� U1 V� U" r
this Section will be subject to disciplinary action up to and including termination of
employment.
d) For additional information on communication with City Council members, reference the
Governance Guide 2021 and Ordinance 930�2021 N
0
fellow employee is working, "Working" is all times when an employee is engaged in work
tasks, but does not include an employee's own time such as lunch breaks, scheduled
breaks, and before/after work. In addition, solicitation for goods or services at counters or
any location where customers are present is prohibited.
collecting money for gifts for special events as appropriate, Such approval must be granted
by the department head or the City Manager. No employee shall be required to make any
contribution or shall be penalized or rewarded in any way in connection with their
employment according to their response to the solicitation.
written literature of any Kind in orK locations, I He UILY does nOL allo e pioyeeZ) LU I-,HYC3YU
in personal commerce of any kind while on the job or during working hours. The City does
not promote, encourage or endorse private business relationships or arrangements between
City employees. City bulletin boards may be provided for promoting items of public interest
to the citizens of Anna. City administration reserves the right to remove any literature
deemed to be inappropriate.
45 Outside Employment
(a) Each full-time emDlovee of the Cit
times. The same principle applies to any City employees that receive employment benefits
from the City.
b) An employee who is working another job at the time of hire, and who intends to continue the
receive approval to continue the outside employment.
c) An employee may be employed in any capacity in any other business, trade, occupation or
department head is secured. Such approval must be placed in the employees personnel
R a
file. Failure to acquire prior approval is grounds for disciplinary action.
d) When engaged in outside employment, the employee must notify the department head in
mployee whose position with the City requires an on�cail staLUS SHall recognize SUCH
tatus as an obligation to the City, and shall fulfill that obligation if called to work for the City
uring these hours even while working on the second job.
ej Outsi e e, , ip uy UH 0 C1 "U C; PK-,1 1z; VV J �J Y F
discredit upon the employee as an employee of the City, or interfere with the performance
of the employee's City duties.
time when the employee is on leave from the City for paid injury leave, paid sick leave or is
on leave due to a serious medical condition without advance approval by the employee's
department head, who shall consult with the City Manager,
the employee, or that of the employee's agents or employees, is subject to
approval/rejection, inspection or licensing by the City, except pursuant to authorized
department policies. An employee is not automatically prohibited from performing the same
or other services, that he or she performs for the City, for a private or public organization,
provided that there is no conflict with his or her employment or performance as a City
employee and advance written approval has been given by the department head.
the subject of an investigation by the employee's department within the last tweive (12)
months, nor may the employee appear as a witness, except by court order, in any
proceeding as a result of such employment.
+ +k 04 +k f
a saie or solicitation for sale ol any goods or services or Me advocacy ol C1, y po LPY1 P1 cxk� UZ;3
standard or position not officially sanctioned by the City.
+;I; n Pi+ rn in rf n "i mant rinric r)r (zinnnoincz in
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k1 Department heads are prohibited from enaaaina in any form of outside employment, except
I) An ernDlovee of the City who holds another office of emolument or position of honor, trust
4m6 Health and Fitness
(a) It is the continuing responsibility
employee who becomes aware of a physical or mental disability, which may affect his ability
to perform the essential duties of his assigned position, must inform his immediate
supervisor and/or department head. An employee may be required to submit to a health
examination, such as in cases when it is suspected that the health condition of an employee
constitutes a hazard to persons or property, or prevents the employee from effectively
performing his or her essential assigned duties. Authorization for disclosure of all reports to
the City, including contacting and discussing health�related issues with any physician or
health care provider shall be a condition of continued employment with the City, to the extent
ot pronlDited Dy la . I he Gity also may require employees Lo return LO a PHYSIcian or health
are provider for additional evaluation or information. If an employee is unable to perform
he essential duties of his assigned position, reasonable accommodations, if available, shall
e made by the City to provide for the employee to perform such duties, provided that such
ccommodations would not cause an undue burden. If a reasonable accommodation cannot
e made without undue burden to the City, and the employee is unable to perform the
ssential duties of the assigned position, the employee may beterminated.
employment in the specific job classification when warranted by changes in the essential
job functions or potential changes in the employee's ability to perform the essential job
functions,
pay for the examination, Correction or treatment of conditions diagnosed during these
examinations will be the employee's responsibility and may or may not be covered by
insurance benefits provided through the City's employee health coverage,
employee to return to work following either an on4heJob or an off4heJob injury or other
incapacity of the employee that has required the employee to take leave from their job
duties.
k NA; +" + A 1 A
any P011LIUCII OU V 0 U" U C; 0 C3 C;7
1 + + + n�rl k +hn Pif nf nn nlifir%nl c"hrliwicinn nf tho cztntp Pnri nn
zi
improvement that is used in connection with a building described in subsection (a)
above, including but not limited to porches, balconies, stairs, and parking lots;
31 in all public parks and public recreation areas that are o ned or oDerated bv the Citv
I
athletic fields and stadiums, stadium seating and bleachers, trails, pools, pavilions,
playground and recreation equipment, concession stands, parking lots and
restrooms; and
4) at any location where smoking is prohibited by any ordinance or regulation adopted
Mthstanding the prohibitions in subsection (a) above, smoking is not prohibited in
of -way, except as otherwise prohibited by City Ordinance or this Manual.
c) Smoking and the use of smokeless tobacco products, including but not limited to Electronic
a
designatea DreaKS set Dy Me supervisor, and during 1unGH Dreaks. I He use ol any tobacco
rodu S (SMOKe or SMOKeless) and Electronic cigarettes Dy e ployees and volunLeers Is
rohibited in any City owned building, vehicle, or piece of equipment, and in locations that
re accessible or visible to the general public. The for purpose of this section, "Electronic
igarette" or "e� cigarette" means an electronic device usually composed of a mouthpiece,
heating element or atomizer, a battery, and electronic circuits that provides a gas derived
om liquid nicotine and/or other substances which is inhaled by a user simulating smoking,
he term includes such devices, regardless of the details of the product appearance or
narketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other
moking devices.
as well as the morale of its employees. All employees are expected to present a clean and
neat appearance and to dress in a professional manner while on City premises and/or while
conducting City business. Reporting to work in a clean and professional manner helps the
City to present a positive and professional public image.
uniforms and apparel, complete with required insignia, etc., upon employment.
Replacement uniforms and apparel will be furnished at City expense on an as needed basis,
Supervisors are responsible for determining the need for uniform/apparel replacement. An
employee whose employment with the City terminates for any reason must return all
uniforms and apparel issued by the City to receive his or her final paycheck, Supervisors
are responsible for the removal and return of all identifying patches and insignia.
pedormed, Employees I.HaL do nOL wea, UHI 1 0 PIUV U Y U Y UO U U1 C; %J qz;
following guidelines:
/IN fk)lnl�c (ZI&nr%Iecnr r4nneq f a frnHCOrc Inn nrczhnrtcAnQx/P(zhirts ithcolla or dress
$ 4
pin �aiacz nrpcz(zin�, sleirts or slacks and blouses or sweaters and appropriate
q� Rr)th sexes No shorts ieans ith holes and no t�shirts Fridav shall be a standina
or excessive decorations and collared shirts, sweaters, or other tops that are
V
appropriate for a professional business setting. The City Manager may declare a
casual day at any time,
loyees who work at City Hall or a City Hall Annex, as well as other City employees who
(1) No visible tattoos. Employees who have tattoos must keep them covered with a shirt,
2) No facial or mouth jewelry shall be worn, except that females are permitted to wear
unprofessional in appearance. Ivien may nOL wear earrings.
(3) Beards and mustaches must be kept clean and neatly trimmed and within
department guidelines.
(4) Hairstyles must be clean and neat, avoiding extremes in styles and colors, and
appropriate to the employee's position.
(5) Shoes/footwear should also be appropriate for a professional office environment.
Acceptable shoes/footwear include: oxfords, loafers, pumps, dress sandals, boots,
and flats. Inappropriate items include: sport shoes, casual sandals (including flip-
flops), any sandal where a strap goes in between toes; or Tennis shoes.
(e) The following items are not permitted for any employee, with the exception of those
employees that wear uniforms provided by the City and whose work is regularly performed
outdoors in the elements:
(1) Any attire with slogans or pictures on them (at the discretion of the department head);
(2) Sweatshirts (at the discretion of the department head);
(3) T-shirts (unless they are tailored in a professional manner);
(4) Denim Jeans —all colors (except on Fridays and other causal days); or
(5) Tennis shoes (except on Fridays and other causal days) .
(f) The following items are not permitted for anyemployee:
(1) Tight, shear or revealing clothing (such as crop tops, tank tops, halter tops, mesh,
etc.)
(2) Except for earrings on female employees, visible body piercing (i.e., face, nose,
eyebrow, and tongue; and ear gages)
(3) Visible tattoos below the wrist or above the neckline of a t-shirt.
(4) Visible tattoos added following the employee's date of hire.
(g) An employee who is in doubt about the appropriateness of a particular mode of dress should
consult their supervisor or department head in advance. Supervisors and department heads
are charged with the responsibility of enforcing this policy. However, the City Manager has
the final authority.
(h) If an employee requires a reasonable accommodation regarding their dress for bona -fide
religious beliefs, they should contact their department head. Unless an undue hardship
would result, such an accommodation will be made.
(i) Anyone who is not appropriately groomed or who dresses in violation of the policy will be
required to leave the workplace to change into more appropriate attire. Under such
circumstances, non-exempt employees will not be paid for work time missed, and exempt
employees will be required to make up the work time missed. Employees whose grooming
and/or personal appearance violates this policy may be disciplined, up to and including
termination of employment.
104.8 FinancialObligations
No person who, after notice of any delinquency, is in arrears in the payment of taxes or any
other liabilities due the City, is qualified to hold any compensative position with the City. Failure
to pay other just debts may constitute grounds for disciplinary action if job performance is
directly or indirectly impeded.
104.9 Conflict of Interest/Gifts
(a) No current employee of the City, or relative, shall recommend, participate in the decision,
including voting or discussion, or participate in the monitoring or fulfilling obligations of any
contract (whether oral or written) for materials, supplies, or service with the City, nor in any
sale of any rights or interest in land, if the officer, employee, or relative has a substantial
financial interest in such contract rights or interest in land. In such event, the officer or
employee of the City shall sign an affidavit specifying the financial interest, to be filed with
the City Secretary prior to any discussion on the item.
(b) A "substantial financial interest" for the purposes of this section requires that the employee
receive an actual financial benefit from the transaction with the City. An "actual financial
benefit from the transaction" shall not include:
(1) ownership in the entity transacting with the City where the ownership interest is less
than one percent (1 %);
(2) Compensation as an employee, officer, or director of the entity transacting with the
City where the employee can prove that such compensation is not affected by the
entity's transaction with the City; or
(3) An investment or ownership in a publicly -held company in an amount less than ten
thousand dollars ($10,000.00).
(c) An employee may not:
(1) represent or appear on behalf of the private interests of others before any agency
of the City or any City board, commission or committee, represent any private
interest of others in any action or proceeding involving the City, or voluntarily
participate on behalf of others in any litigation to which the City might be party;
(2) accept or solicit any gift, favor, service, or other thing of value that might reasonably
tend to influence the employee in the discharge of his or her duties, or that the
employee knows or reasonably should know is being offered with the intent to
influence the employee's official conduct;
(3) use their position as a City employee to secure special privileges or exemptions for
the employee or others;
(4) grant any special consideration, treatment, or advantage to any citizen, individual,
business organization or group beyond that which is normally available to every
other citizen, individual, business organization or group;
(5) engage in any outside activities that will conflict with or will be incompatible with the
individual's position as an officer of the City, the duties of employment with theCity,
or in which employment with the City will give the employee an advantage over
others engaged in a similar business, vocation or activity if the advantage is due to
knowledge that the employee has obtained that is not subject to disclosure to the
general public;
(6) accept other employment or engage in a business or professional activity that the
employee might reasonably expect would require or induce the employee to disclose
confidential information acquired by reason of the official position;
(7) accept other employment or compensation that could reasonably be expected to
impair the employee's independence of judgment in the performance of the
employee's official duties;
(8) make personal investments that could reasonably be expected to create a
substantial conflict between the employee's private interest and the public interest;
or
(9) intentionally or knowingly solicit, accept, or agree to accept any benefit for having
exercised the employee's official powers or performed the employee's official duties
in favor of another.
(d) Notwithstanding any provision of this section to the contrary, employees may not accept gifts
in any value from persons, entities, organizations or corporations doing business with the
City.
(e) Any willful violation of any provision of this section shall subject the employee to discipline
up to and including termination.
(f) Except as specifically prohibited in this section, an employee is not prohibited from:
(1) attending social functions, ground breakings, or civic events pertinent to the public
relations and operations of the City;
(2) exchanging gifts with his or her family and relatives;
(3) exchanging gifts at church functions or City parties or functions where only City
officers and employees and their families are invited or attend; or
(4) exchanging gifts at or receiving a bonus from his or her place of full-time
employment;
(5) accepting anon -monetary gift with a value of no more than $50.00 or products or
items to be used in an officially recognized activity of the City or department
sponsored services; or
X
6) exchanging gins between co�womers in recognition ol special mileSLones in an
employee's life or career,
r 'Y ZI r
professionalism, courtesy, and avoidance of even the appearance of illegal or unethical
conduct. The attitude and demeanor of a City employee, whether in public or private, should
at all times be such as to promote the good will and favorable attitude of the public toward
the City administration and its programs and policies. Employees should be mindful that
public perception, even if incorrect, can greatly influence events and decisions, and
employees should thus avoid anything that gives the appearance of improper conduct.
or negative manner. Employees should always strive to conduct themselves in a positive
manner. If an employee is uncomfortable with any decision or contemplated action, he/she
should seek guidance regarding the propriety of the action, Similarly, if employees become
aware of known or suspected wrongdoing on the part of another employee they should
report that action or activity to their supervisor/manager, the Human Resources Department
or the City Manager immediately.
persons without regard to age, race, religion, color, gender, sexual orientation, national
origin, marital status, mental or physical disability, genetics, veteran's status, or other
protected status in accordance with applicable laws. It is also the City's policy that
employees have a right to work in an environment where each individual is respected.
Harassment of employees, regardless of working relationships or supervisory status, is
prohibited, Every employee is responsible for maintaining a professional environment free
of discrimination, harassment, and retaliation, and for bringing to the City's attention
incidents that interfere with providing a work environment free of such prohibited conduct.
Employees who are found to have engaged in prohibited conduct will be subject to
discipline, up to and including discharge. Discrimination against any person in recruitment,
examination, selection, appointment, rate of pay, promotion and transfer, retention, daily
working conditions, testing and training, awards, compensation and benefits, disciplinary
actions, or any other aspect of employment because of age, race, religion, sex, national
origin, marital status, citizenship, mental or physical disability, genetics, veteran status, or
other unlawful basis is prohibited, All City employees at every level are entitled to a
workplace free of unlawful harassment by management, supervisors, cowworkers, citizens,
vendors and visitors. City employees are also prohibited from harassing citizens, vendors,
and all other third parties.
b) Sexual Harassment. One form of unlawful discrimination is sexual harassment. The City Is
harassment may include, but is not limited to unwelcome sexual advances, requests for
sexual favors, and other verbal or, non�verbal communication or physical conduct of a sexual
nature where:
(1) submission to such conduct is made either explicitly or implicitly a term or condition
Z) SUDMission LO or reJeCLion ol such condUCL by an indiv uc, s use as a ass
employment decisions affecting such individual, or
Z)UU uu" U 00 C; Puliquou %.)I V; U U Y ZJ
individual's work performance or creating an intimidating, hostile, or offensive work
b
environment,
ndividuals of the same or different gender. It may be directed by a manager to a subordinate,
nanager4o�manager, or co�worker4o�co�worker. Conduct prohibited by this policy includes,
ut is not limited to: sexual advances; requests for sexual favors; sexual jokes and innuendo;
erbal abuse of a sexual nature; commentary about an individual's body, sexual prowess,
exual preference, sexual experiences, or sexual deficiencies; leering, whistling, or touching;
nsulting or obscene comments or gestures; display in the workplace of sexually suggestive
bjects or pictures; and other physical, verbal, or visual conduct of a sexual nature.
harassment, harassment on the basis of any other legally protected characteristic is also
strictly prohibited. This means that verbal or non�verbal communication or physical conduct
that singles out, denigrates, or shows hostility or aversion toward someone because of race,
religion, color, national origin, age, disability, genetics, veteran status, citizenship, or any
other characteristic protected by law is also prohibited,
stereotyping; threatening, intimidating, or hostile conduct; denigraLing jOKes,
comments, writings, or pictures any of which single out, denigrate, or show hostility
or aversion toward someone on the basis of a protected characteristic. Conduct,
comments, or innuendoes likely to be perceived by others as offensive and related
to such protected characteristics are wholly inappropriate and are strictly prohibited,
Conduct, comments, or innuendoes�related to protected characteristics�by an
employee reasonably believing same will not be perceived by others as offensive
may still result in disciplinary action if the employee is advised that such conduct,
comments, or innuendo is offense or unwelcome and the employee persists in such
conduct, comments, or innuendo.
2) This policy also nrohibits sendino showina sharing, or distributing in any form,
mail, texting, cell phone or other electronic devices, social media, and/orthe Internet.
Harassment of any nature, when based on race, religion, color, sex, national origin,
age, disability, genetics, veteran status, citizenship or any other characteristic
protected by law is prohibited and will not be tolerated.
datory Reporting. The City requires that all employees, including supervisors and
retaliation, regardless of the offender's identity or position, Any employee who observes or
otherwise learns of harassment in the workplace, believes that harassment has occurred,
or has been subjected to conduct prohibited by this policy must report it as soon as
possible�and no later than three business days absent justifiable circumstances�to the to
the department head, Director of Human Resources, or City manager. Under this policy, an
employee may report to and/or contact the Director of Human Resources or department
irectly, or the City Manager directly, without regard to the employee s normal chain ol
ommand. If making a report of unlawful harassment or discrimination, employees are
ncouraged to use the Discrimination/Harassment/SexuaI Harassment Complaint Form
refer to Appendix A�5). Any supervisor or department head who receives a complaint of
uch conduct must, without undue delay, notify the human resources director so that an
nvestigation into the allegations may be commenced.
questions and report conduct that they believe may be prohibited
conduct, or conduct that, if left unchecked, may rise to the level of
unlawful discrimination, harassment, or retaliation, even if an
employee is unsure if the conduct violates the City's policy.
I k ; k + ; f^ 11 k k+ ; i f�rmnf;�n
about perceived prohibited conduct without filing a formal
9
complaint are expected and encouraged to promptly bring
concerns to the to the department head, human resources
director, or City manager.
A Citv employee who sub its a report a itness ho provides
information regarding a report, and alleged violator will be kept
confidential to the extent possible and permitted by law, consistent
with a thorough and impartial investigation.
seriously and investigated promptly thoroughly, and I partially. IniormaLion ODLained during
an investigation will be kept confidential to the extent consistent with a thorough and
impartial investigation and to the extent permitted by law, The investigative process may
include interview of the person that is the subject of the report of the harassment, the
accuser, the accused, and other persons that are witnesses or who have relevant
knowledge. The investigation shall be conducted by the Director of Human Resources or
the City Manager as appropriate. Notwithstanding the foregoing, there may be some
circumstances under which the investigation will be conducted by the office of the City
Attorney. The investigation may include individual interviews with the parties involved and,
where necessary, with individuals who may have other relevant knowledge. All employees
are required to cooperate with the investigation and to maintain confidentiality. If the
investigation confirms evidence of prohibited conduct under this policy, the supervisor or
department head shall take immediate and appropriate corrective action and enforce
discipline as set out in subsection (g), below.
f) Retaliation Prohibited, Retaliation against employees who make a good faith charge or
City strictly prohibits supervisors or managers from conditioning employment or making
employment decisions based on an employee's tolerance of or resistance to harassment.
Acts of retaliation must be reported immediately as set out above in subsection (d).
(1) "Retaliation" is broadly construed to mean any adverse action
may include any on�duty or off�duty conduct, whether related to
employment or not, that could discourage an employee from
making a complaint or testifying, assisting or participating in an
investigation or hearing under this policy, It may also includesuch
Page
conduct as COIU SHOUlder LreaLment, CHanging Job UULIes, MY
to cooperate, or treating an employee rudely because he or she
has made a complaint, or testified, assisted or participated in an
investigation or hearing, resisted sexual advances, or intervened
to protect other employees from such prohibited conduct.
H Y Y F Y
disciplinary action, up to and including immediate discharge. The
I
City may also require an employee who has violated this policy to
4
receive appropriate training on harassment, retaliation, or other
0
issues related to the conduct, at the employee's expense.
appropriately, Discrimination and harassment are very serious matters that can have far�
reaching, immediate and long�lasting impacts on the lives and careers of individuals.
Intentionally false accusations or accusations not made in good faith can have a similar
impact. Both a person who is found to have engaged in unlawful harassment or retaliation
under this policy, and a person who knowingly and intentionally files a false complaint under
this policy, are subject to immediate and proportionate discipline. Discipline, up to and
including termination, will be imposed on any employee who is found to have engaged in
conduct prohibited by this policy. Likewise, disciplinary action up to and including
termination may be imposed when employees are untruthful during an investigation,
Council members, appointed o1ficials, saies representatives, and jOD applicants, WHO may
either be complainants or persons against whom a complaint is made. The City Manager or
Human Resources Department, as appropriate, shall promptly notify any person of any
complaints made against them.
A4. I + 04 1 ;nA"Ain c" nriiienrc canrl t1n nrfminnf honri4z PrP
requireU Lo aLLen an pa, L c pa e e, ac ve an � a, ass, , ien I u " "�:J 0 �"S F Y
understanding of the City's harassment policies, procedures, expectations, and
consequences of misconduct. Additionally, the City may solicit information from employees
through anonymous surveys regarding employee awareness of and confidence in the City's
harassment policies and complaint procedures. City employees who wish to offer
suggestions or ask questions regarding the City's policies are encouraged to submit such
communications to the Director of Human Resources or the City Manager as appropriate.
An employee may be suspended and placed
nisdemeanor pending a decision on the indictment such as dismissal, acquittal or conviction.
f the indictment is dismissed or if the employee is acquitted, the employee could still be
ubject to disciplinary action up to and including termination, depending on the circumstances.
f the indictment is upheld, and the employee is convicted, then the employee, depending
pon the severity of the crime, will be subject to disciplinary action up to and including
ermination. This provision in no way prevents the City from taking appropriate disciplinary
ction against an employee in the absence of an accusation or indictment for a crime of official
nisconduct or any felony crime or Class A misdemeanor.
U401 a Violence in the Workplace
a) I he UILY "as a strong Commit enL LO LZ� t; p UYUV,�O U P1 UV Q C1 OCA �,Q Y U"
work environment. The City also expects its employees to maintain a high level of
productivity and efficiency. The presence of unauthorized weapons and/or the occurrence
of violent, hostile, abusive, or intimidating behavior in the workplace during working hours
are inconsistent with these objectives. The City expects all employees to report to their work
site without possessing weapons (with the exception of law enforcement employees
authorized in writing to carry weapons, or transportation and storage of a firearm in a locked
and privately owned motor vehicle by an employee who is a concealed handgun permit
holder to the extent authorized by state law) and to perform their job without engaging in
any of the behaviors described herein toward any other individual. The City will not tolerate
any conduct or behavior, whether intentional or not, that is determined to be threatening,
intimidating or coerciveff
4
City's premises as quickly as safety permits. Any employee who engages in violent or
threatening speech or behavior may be subject to disciplinary action up to and including
termination, criminal penalties, or both.
pending the outcome of an investigation, Employees barred from City premises on this Dasis
will be placed on either paid or unpaid administrative leave, at the discretion of the City
Manager.
officials, or represenLaLlves 01 LHe City, WHeLHer condUCLed on or On %�Ity p1t; Z)rO. Z)
policy and attached procedures shall apply to all employees, officials and representatives of
the City, Employees who are victims of, or witnesses to, behaviors described herein should
immediately report such conduct to their supervisors. If an employee's immediate supervisor
is the person making the threats or exhibiting the violent behavior, the employee should
immediately report such conduct to the department head or the City Manager, as
appropriate,
e) If an e r)lovee is iniured while Darticipating in aggressive behavior or after instigating such
3
policy, or any procedure herein, is intended to affect the City's right to manage or control its
work force, or be construed as a guarantee or contract of employment or continued
employment.
4v14 Workplace Bullying
The City is dedicated to mainta
repeated mistreatment of one or more persons by means including, but not limited to: verbal
abuse; threatening, humiliating, intimidating, or offensive remarks, conduct, or behaviors,
whether verbal or nonverbal; infliction of social ostracism, such as through starting or
spreading destructive rumors or gossip; conduct representing coercion as defined by the
Texas Penal Code; or conduct intended to interfere with an employee's ability to perform
theirjob duties (work interference orsabotage).
(b) The City will not tolerate workplace bullying among its employees. Any employee who feels
that they have been or are being targeted by workplace bullying should report such activity
to their immediate supervisor, or if that supervisor is the source of the bullying, to the next
appropriate person within the City chain of command. Retaliation of any sort is not
acceptable and may result in disciplinary action in the discretion of the City Manager.
(c) Supervisors receiving reports of workplace bullying must confidentially contact the reporting
employee to investigate. Supervisors must memorialize the results of their investigation in
a written report, including the names of all witnesses to the alleged bullying behavior
(whether employees or nonemployees), dates and times of the events constituting bullying,
and a description of the objectionable behavior in the greatest possible detail. Once
complete, the report should be forwarded to the department head and the City Manager for
review and possible disciplinary action.
(d) Every employee of the City deserves respectful treatment in the workplace. An employee
who is found to have engaged in workplace bullying may be subject to discipline up to and
including termination.
104.15 City Logo Use
The City's logos, emblems and images (collectively "Logo(s)") are exclusively the property of the
City and the City is the owner of all rights to the Logo. Employees may not use Logos other than
for official and authorized City business or operations. It is the policy of the City to exercise due
diligence to assure that misuse of its Logo by third parties (and other approved Logos
representing the City such as Police and Fire, and the City development corporations) does not
occur or is corrected, and that the Logo shall not be used by any third party for any purpose
without express written authorization of the City Manager. Such written authorization will be in
the form of a grant of a temporary, limited and nonexclusive license to use the Logo. Requests
for such use shall be made by third parties on an application form to be provided by the City
Secretary's office. Any unauthorized use of the Logo by any third party will be referred to the
City Attorney for review and action. The City will determine standard City Logo apparel and
other approved Logos representing the City, such as the Police and Fire Department, when and
who should be wearing such apparel. The City requires each employee's choice of attire to be
appropriate and in good taste for business as stated in this manual.
City of Anna
Personnel Policy Manual
Section 105. Compensation &Performance Evaluations
105.1 Compensation Plan and Philosophy
(a) The City will, within its financial capability, provide equitable compensation for all employees
in the form of pay and benefits, but differences will exist based on factors including the
nature, category and classification of each position.
(b) Salary reviews may be conducted annually, and wage or salary modifications may be based
on performance and the employee's contributions to the overall mission of the City, as well
as on cost of living. In the event of promotion, the anniversary date for salary review is the
date of promotion.
(c) All City pay ranges and job relationships may be reviewed annually. The City Manager may
recommend blanket changes in the compensation plan to adjust salaries for individual
positions as is necessary to keep the compensation plan current and competitive with other
employees of the same personnel class. Recommended changes in the compensation plan
will be included in the annual budget and become effective upon City Council approval of
the budget. The City reserves the right to determine if and when the changes can be applied
based upon budgetary realities.
(d) Compensation Philosophy: This philosophy would include the following elements,
defined as follows:
(1) Philosophy 1: Establish the market, defined as cities located in whole or in part in
Collin County, as these ces are the competition for employment in ourregion.
(2) Philosophy 2: Maintain pay ranges and step plans with the intent on being relevant
and competitive in the Collin County Market, reviewing these for such annually,
working towards the 50th percentile, weighted for organizational size and population
served.
(3) Philosophy 3: Maintain a merit system of compensation, whereby employees are
compensated for performance, targeted at 3.5% maximum for the highest
performance rating, providing for performance improvement plans and deferrals for
low performers not meeting expectations, yet encouraging excellence by tying salary
increases to performance.
(4) Philosophy 4: Maintain a retention system, for encouraging senior and long-term
employees, rewarding longevity, consistent with system internal equities, inclusive
of longevity pay, incremental adjustments based on tenure, and lump sum payment
when achieving the top of scale or step, not to exceed $2,000.
(5) Philosophy 5: Maintain a promotional vacancy practice providing for no less than 5%
increase for promotions (or the next highest step, if in a step plan)
(6) Philosophy 6 : All stated strategies herein are subject to annual funding availability,
and not a guarantee of future compensation.
105.2 New Hires
Page � 51
a) in establishing new Hiring raLes, consideraLion will Lie given LO I.He POS L U" H I CMUC CUS U
whetheritallows sufficient room for future growth and its relationshipto rates paidtosimilarly
4
qualified and more experienced employees in the job or department. Consultation with and
review by the City Manager will provide a City wide perspective to department heads as
they make hiring decisions.
U ZI
mployee's account in a designated financial institution. Payroll will not be issued other than
n designated pay days. No salary advances or loans against future salary will be made to
ny employee for any reason.
N
SecurILY; I exas Municipal rReUre enL DYSLe ConVIIJULIO"Z�l k I I E,�JU C11 U � I I IU U1 I 1P uyuub
and covered partAime employees); court ordered child support; an amount required to
W
reimburse the City for the replacement value of City property wrongfully held, converted by,
damaged by, unreturned or lost by an employee; any other deductions required bylaw
hl In �:iPprwrinnnp ith the nolicies and general procedures approved by the City Council of the
Y I
health/medical insurance for dependents; life insurance for the employee; such other
deductions as may be authorized by the City Manager, the City Council, or these policies.
5m4 Overtime and Comnensatory Time
(a) Overtime, when ordered for the maintenance of
those qualified to perform overtime work, will be compensated in accordance with the Fair
Labor Standards Act (FLSA) 29 C.F.R* § 785.11 et seq. Department heads are responsible
for exercising adequate supervision to ensure that employees are complying with
established work schedules. All overtime hours must be approved in advance by the
employee's department head. Failure to obtain permission in advance may result in
disciplinary action.
b) The use of compensatory time off is generally discouraged, but is permitted at the sole
otherwise be paid for overtime hours worKed �compensatory u ereceivedbyanemployee
n iieu OT cash must De at the rate OT one and one�harr hours ol compensaLOry L! e lur eaCH
our of overtime work), as stipulated by the Fair Labor Standards Act, and as follows:
U UOC; U UU1 I 1PIZ;H00 Ul Y I I VZ; %J 0 "U UU �J FF
in writing by the City Manager. The department head is responsible for the
administration of compensatory time off in lieu of overtime pay.
V I 'Y
reasonable period of time of the employee's request to use same, unless the
granting of such time off would unduly disrupt the effective functioning of the
department. The City does not guarantee that an employee will be able to use
compensatory time off on the date(s) that the employee requests to use same.
Requests for use of compensatory time off are the employee's responsibility and
shall be made in the same manner as other leave requests. Department heads may
also exercise control over accrued compensatory time by requiring the employee to
use it at times determined by the department head. Unless granted an extension by
the City Manager, compensatory time must be used within thirty (30) days of being
accrued. If an employee's compensatory time is not used by the employee within
thirty (30) days of being accrued and no extension has been granted by the City
Manager, then the employee will receive payment for the value of the compensatory
timew If the City Manager grants an extension, it may not be for more than one year
from the date that compensatory time is accrued. If the City Manager grants an
extension that is less than one year from the date that compensatory time is accrued,
and the employee does not use the compensatory time before the expiration of the
extension, then the employee will receive payment for the value of the compensatory
time. If the City Manager grants an extension that is one year from the date that
compensatory time is accrued, and the employee does not use the compensatory
time before the expiration of said one�year period, the compensatory time shall
lapse. Notwithstanding any other provision or statement in this Manual, the City
always reserves the right to require an employee to use compensatory time at times
determined by the City, and further reserves the right to pay the employee for the
value of accrued compensatory time instead of allowing the employee to use
compensatory time.
3) Upon separation fro e ployment e plovees ust be Daid for all accrued
4) Each department is responsible for maintaining records of compensatory time off
them current and on file in the Department.
5) The City's ability to make an election to provide compensatory time off instead of
rtime and Compensatory Time Off for Eligible Non�Exempt Employees Other Than
eligible non-exempt employees is a 7�day period. Eligible non�exempt employees will
receive overtime pay or compensatory time off for any hours worked in excess of 40 hours
in the 7�day work period. It is the policy of the City to grant hours off during the work period
if an eligible non-exempt employee works or is scheduled to work more than 40 hours in a
7�day work period. In the event it is not possible to grant time off during the same work
ro
eriod in which actual hours worKed are above 4U in a 7Aay orK period, Me eijg!Ule non�
xempt employee will receive 1.5 times the pay rate or 1 .5 hours in compensatory time off
or each hour worked in excess of 40 in a 7�day work period. An employee may accrue up
o a maximum of 40 hours of compensatory time off. The decision to pay overtime pay or
rant compensatory time off shall be at the sole discretion of the department head and City
Aanager with consideration given to budgetary resources. The City's ability to make an
lection to provide compensatory time off instead of overtime pay is a term and condition of
mployment.
The official work period for eligible non-exempt police officers is a 28�day period. Eligible
non-exempt police officer employees will receive overtime pay or compensatory time off for
any hours worked in excess of 171 hours in the 28~day work period with the first pay period
paid for standard non�overtime hours and with overtime and/or compensatory time off
figured after the 171 hours worked during the entire 28�day period. It is the policy of the
City to grant hours off during the work period if an eligible non�exempt police officer
employee works or is scheduled to work more than 171 hours in a 28�day work period. In
the event it is not possible to grant time off during the same work period in which actual
hours worked are above 171 in a 28�day workperiod, the eligible non�exempt police officer
employee will receive 1 .5 times the pay rate or 1 .5 hours in compensatory time off for each
hour worked in excess of 171 in a 28�day work period. An employee may accrue up to a
maximum of 40 hours of compensatory time off. The decision to pay overtime pay or grant
compensatory time off shall be at the sole discretion of the department head and City
Manager with consideration given to budgetary resources, The City's ability to make an
election to provide compensatory time off instead of overtime pay is a term and condition of
employment. This provision is adopted pursuant to section 207(k) of the FLSA and 29CFR
Part 553, and shall form a part of the City's payroll records. For the purposes of this
subsection (d), "Eligible Non�Exempt Police Officer Employees" include only uniformed or
plainclothes members of the City's Police Department who have: (1) the statutory power to
enforce the law; (2) the power to arrest; and (3) participated in a special course of law
enforcement training.
aN r)%iarti a nnri (.n ninnczatork, Ti e Off for Eligible Non�Exe nt Firefighter Employees The
exempt firefighter employees will receive overtime pay or compensatory time off for any
hours worked in excess of 212 hours in the 28�day work period with the first pay period paid
for standard non�overtime hours and with overtime and/or compensatory time off figured
after the 212 hours worked during the entire 2&day period. It is the policy of the City to
grant hours off during the work period if an eligible non�exempt firefighter employee works
or is scheduled to work more than 212 hours in a 28�day work period, In the event it is not
possible to grant time off during the same work period in which actual hours worked are
above 212 in a 2&day work period, the eligible non�exempt firefighter employee will receive
1 .5 times the pay rate or 1.5 hours in compensatory time off for each hour worked in excess
of 212 in a 28-day work period. An employee may accrue up to a maximum of 40 hours of
compensatory time off. The decision to pay overtime pay or grant compensatory time off
shall be at the sole discretion of the department head and City Manager with consideration
given to budgetary resources. The City's ability to make an election to provide compensatory
time off instead of overtime pay is a term and condition of employment. Further, it is the
City's policy (subject to the discretion of the department head and internal department
policies) and a term and condition of employment applicable to eligible non�exempt
firefighter employees�that, for shifts in excess of 24 hours: (1) a maximum of eight hours
I sleep Lime may not be compensated lur and may not be counted as "ours worked or
urposes of calculating overtime hours; and, (2) designated meal times may not be
ompensated for and may not be counted as hours worked for purposes of calculating
vertime hours. The policy, stated above, excluding certain time for sleep hours and
esignated meal times from overtime compensation does not apply to a regular 24 hour shift
hat starts early or is extended due to emergency call out, or to an employee that, with the
ermission of the department head, works a shift normally assigned to another employee
esulting in the employee working consecutive 24 hour shifts. This provision is adopted
ursuant to section 207(k) of the FLSA and 29 CFR Part 553, and shall form a part of the
ity's payroll records. For the purposes of this subsection (e), an "Eligible Non�Exempt
irefighter Employee" includes only an employee of the City who is trained in fire
uppression, has the legal authority and responsibility to engage in fire suppression, and is
ngaged in either: (1) preventing, controlling and extinguishing fires; or (2) responding to
mergency situations where life, property or the environment is at risk,
of overtime calculations. All other paid leave, including but not limited to sick leave,
1p�aave; heliday leave, jury duty, administrative leave, bereavement leave,
workers' compensation injury leave, disability leave, military leave, unpaid leave
and compensatory time off will not be counted as hours worked for purposes of
overtime calculations,
overtime compensation, Exempt personnel are expected to worK the hours necessary to
complete their job assignments, and it is expected that all exempt employees will
occasionally be required to work additional hours to accomplish assigned tasks. Hour for
hour compensatory time off is not authorized for Exempt employees; however, when
possible, these employees will be allowed time off to discharge personal responsibilities as
time and work load permits.
r Ilmn +
reporting for duty and release from such duty should actual time worked not exceed two
(2) hours. This provision does not apply in the case of pre�scheduled overtime.
b) If the employee completes the work required in the initial calkout, and is subsequently
time worked, or the minimum two (2) hour guarantee, whichever is greater. A second calk
out within the initial two�hour guarantee period does not commence a second two�hour
guarantee. An employee will not be paid more than the two hour guarantee unless he/she
actually works more than two hours. If the employee receives a subsequent calkout, after
the expiration of the initial two�hour period, such subsequent calkout shall commence an
additional two�hour guarantee.
c) Calkout time will be paid at the applicable overtime rate only if the employee has exceeded
employees). Any time less than 40 hours.(or the equivalent non�overtime hours forpolice
and firefighter employees) including calkout time will be paid at straighttime.
6 Standby (OnmCall Time)
(a) Certain employees of the City are required to be on -call or standby for various periods of
time. Employees on standby are not required to restrict their movement during such time
to their homes or any other location, but are required to respond to radio pages, cell
phones, or other portable communication devices provided by the City. After being called
to work, employees on standby status must report to work within 30 minutes. Employees
on standby are prohibited from consuming alcoholic beverages.
(b) Non-exempt employees designated as being on standby will receive standby pay in
addition to any hours worked from call -outs. Standby pay will be credited on a daily basis
at the rate specified in the pay classification plan. An employee designated to be on
standby, will receive daily standby pay regardless of hours worked orcalkouts.
(c) This Section 105.06 shall not apply to non-exempt police officer employees and non-
exempt firefighter employees. Any similar provisions shall be set forth under departmental
policy as approved by the department head and City Manager.
105.7 Travel Time
(a) Commute Time. Travel time at the beginning or end of the work day is not compensable.
Generally, an employee is not at work until he/she reaches the work site. This includes
travel to offsite locations where the employee may have a temporary assigned worksite.
However, if an employee is required to report to a meeting place to pick up materials,
equipment or other employees, or to receive instructions prior to traveling to the worksite,
then the time is compensable. In addition, if any employee is required to report to an off -
site location that results in a commute time that is more than fifteen (15) minutes longer
than the employee's normal commute time, then the difference between the employee's
normal commute time and the commute time required to report to the off -site location is
compensable. An employee who operates a City vehicle need not be compensated for
commute time simply because he/she is driving the vehicle, so long as it is for the
employee's convenience. An employee who is directed to chauffeur other employees by
his supervisors is entitled to compensation.
(b) Overnight Travel. Travel time is compensable when it occurs during the employee's
normal work hours. Moreover, if the travel occurs during normal working hours on
nonworking days (i.e. Saturday or Sunday for an employee who works Monday to Friday),
the time is compensable. Travel time that occurs outside of regular working hours where
the employee is a passenger and free to relax does not count as working time. However,
if the employee is required to drive or perform work, then the time is compensable.
105.8 Meetings and Training Time
(a) Time spent attending lectures, meetings and training programs will not be counted as
hours worked, provided all the following conditions are met:
(1) The meetings are held outside working hours.
(2) Attendance is voluntary.
3) 1 he course, lecture, or eeting is nOL direMly re1aLeU LO LHe employee s Job. 11 a
training course is undertaken for the purpose of preparing for advancement through
upgrading the employee to a higher skill, and is not intended to make the employee
more efficient in his/her present job the training is not directly related to the
employees job, even if the training incidentally improves his/her skill in doing his/her
regular work; and
hours, that time is not hours worked even if the courses are job related,
of the City, the department head shall interview each employee during the employee's
tenure at least once each year and shall prepare a written performance evaluation in
0
conjunction with said interview.
substantially improve in any area of job performance in order to adequately discharge any
essential function of the employee I s job, the employee may be placed on a performance
improvement plan for a time period of three to six months performance improvement
period"). The performance improvement plan shall include a written description of: (1) the
area of job performance in need of improvement; (2) the essential functions of the job at
issue; (3) a description of goals, deadlines or other performance measures that the
employee must meet within the performance improvement period; (4) a description of steps
that the employee should take to meet certain criteria including goals, deadlines or other
performance measures; and (5) a warning that failure to adhere to or meet said criteria will
result in disciplinary action potentially including discharge from employment. The employee
must sign the performance improvement plan to acknowledge receipt. If at the expiration of
the performance improvement period the City Manager or department head determines that
the employee has not been able to favorably resolve the job performance issue(s), the
employee may be subject to discharge. A performance improvement plan is a tool that may
be used to assist an employee with job performance issues, but it is not a prerequisite to
employee discipline or discharge and does not alter the employee's it at�wi 11" status ff
c) The department head or City Manager shall provide a copy of any written performance
same in the employee's personnel file together with a certification executed by the employee
certifying that the employee has received and reviewed a copy of same. Refusal of the
employee to sign said certification is insubordination.
d) Employees may respond in writing to any performance evaluation or performance
5w1O Training and Development
n order to eet individual and organizaLional
new or increased responsibilities, skills, and to extend opportunities for individual growth,
promotion, development, and self-fulfillment. Availability of training funds will be dependent on
the budget available at the time and will require advance written approval of the department head
and the City Manager.
(a) Tuition Reimbursement. The City of Anna encourages life learning and education. In
support of this value, the City of Anna offers a tuition reimbursement program. Tuition
Reimbursement is a tool that employees can use to grow and develop within the field of
public service.
(1) Scope. The policy described herein applies only to full-time, regular employees who
are enrolled and participating in approved courses at approved educational
institutions.
(2) Eligible Courses. In order to be approved hereunder, a course must be applicable
to the field of public service and must be offered and completed at an accredited
university or college. The following types of courses specifically are not approved for
reimbursement hereunder:
(i) Courses which are required by any governmental agency or professional
association in order to meet the minimum educational or continuing
educational requirements of the employee's current employment.
(ii) Courses which are non-credit continuing education courses.
(iii) Course credit for previous work experience.
(iv) On -going certification courses.
(3) Course Work. All approved courses shall be scheduled outside of the employee's
regular work hours, except upon written approval of the employee's department
head. All work required by the approved course must be performed on the
employee's own time.
(4) Determination of Course Approval. In each case, courses shall be approved or
disapproved by the City Manager, the Director of Human Resources, the employee's
direct supervisor, and the director of the employee's department prior to registering
for coursework. Approval of a course applies only to that particular course, and shall
not be approval of all courses required for a degree or certificate. Each course must
therefore be applied for individually and will be evaluated separately from any other
course.
(5) Employee Eligibility. In order to be eligible for tuition reimbursement for approved
courses hereunder, the employee must meet the following minimum requirements:
The employee must be satisfactorily performing the duties and responsibilities
of their current employment in the opinion of their direct supervisor or
department head.
The employee must have satisfactorily completed any applicable period of
probation relating to their employment with the City.
fra:3�Ff-'
Application Tor Approval, in order to apply lor LUILIon reimburse enL ol approval LlIaL
has been approved hereunder, the applicant must submit the following to the Human
Resource Director:
U Y %�%Jl I 1P � U U I�H ZJ Y
e employee's department not later than the first day of the course,
or term in a degree program, or if the degree plan is changed after the first
semester or term);
the educational institution); and
escribed herein, the City shall reimburse the costs of tuition and required
ourse fees for no more than two courses or six academic hours per semester,
reimbursement schedule set by the Human Resource Director will establish
cap or ceiling on the amount of tuition reimbursement per course or semester.
xception to the reimbursement cap may be made only at the sole discretion
f the City Manager. No reimbursement shall be provided for required texts or
aterials, which costs shall be the sole responsibility of the employee, No
3imbursement shall be provided for any optional fees in addition to tuition (e.g.
te fees, parking, athletic passes, financial aid fees, etc.), which fees shall be
ie sole responsibility of the employee.
Infinn nf nn a rnxinrq Pn"rcn fha tam In rari czhnil (z"h if:i r%.Prtificate
V I
and required fees, to his or her department head. The director shall then
submit the same to the Human Resource Director. Upon review and approval,
the Director of Human Resource shall submit the documentation to the Finance
Department for reimbursement to the employee, With a grade of '13' or above
(at least 3.0 on a 4.0 grading system), or a passing grade if course performance
is reported as either pass or fail, reimbursement shall be 100% of the approved
amounts. With a grade of 'C' the reimbursement amount will be reduced to
50% of the approved amounts. With a grade of 'D' or below, the City will not
provide reimbursement. The materials described herein shall be submitted by
the employee not later than thirty (30) days after the completion of the course,
or tuition reimbursement may be denied by the City.
Tuition shall not be reimbursed where the same has been or shall be paid from
scholarships, financial aid, etc. In such case, reimbursement snail De limited to
approved tuition expenses which are not paid by the subsidies. In addition,
tuition shall not be reimbursed for any program subsidized by the City or any
other governmental entity.
(8) Repayment by Employee. In the event that an employee's employment with the City
is terminated, either voluntarily or involuntarily, within two years of the completion of
any approved course for which the employee has received reimbursement, the
employee shall be required to repay to the City 100% of all reimbursement paid by
the City for such courses. Such repayment shall be deducted from the employee's
final paycheck, or shall made to the City within thirty (30) days of the termination of
the employment. In addition, any employee who terminates his or her employment
with the City or whose employment is terminated by the City prior to completing an
approved course shall not receive reimbursement for said course(s).
(9) Acceptance of Terrns. Each employee participating in the tuition reimbursement
plan shall be required to sign an agreement stating that they have received a copy
of this policy and agree to the terms of the same. Should an employee refuse to sign
such an agreement, the employee shall not be allowed to participate in the tuition
reimbursement plan described herein. Such agreement shall not alter the
employee's at -will status, shall not constitute an agreement for continued
employment, and shall not provide any employee the right to employment with the
City.
W) Licenses and Cet tilicaLions.
t5y U I rz; U%,O�HOUZj OH U LoO UHOw UUIqZ;U U UH 0 OVC1 C1 U H U UHHUU
budget and approval by the department head and/or the City Manager, the City will
pay for continuing education required to maintain a license or certification that an
employee is required to maintain as a condition of his or her continued employment
with the City.
W
and approval by the department head, the City may pay for continuing education
and testing required to obtain additional licenses and/or certifications that an
employee is not required to obtain or maintain as a condition of employment, but
that prepare an employee for new or increased responsibilities, skills, or that extend
opportunities for individual growth, promotion, and development. If required by
internal departmental policies, the City may require an employee to repay to the City
the cost of the continuing education and testing for an optional license or certification
subject to the following:
for continuing education courses and testing for optional licenses and
certification shall be approved by the City Manager, and shall be uniform for
employees with the same job title.
the Gity is terminated, either voluntarily or involuntarily, ithin one year of the
completion of a continuing education course or test for an optional license or
certification paid for by the City, the employee may, subject to departmental
policies and a prior agreement as outlined in paragraph (iii) below, be required
to repay to the City 100% of all course and testing fees paid by the City for the
optional license or certification. Such repayment shall be deducted from the
employee's salary or other compensation that would otherwise have been
compensable to the employee upon termination. If said deduction is not
enough to compensate the City for the course and testing fees, the employee
shall pay the remainder of the amount to the City within 10 business days of
the effective date of the employee's termination .
ii) Accentance of Terms. If renav ent mav be reauired each e Dlovee that
license or certification shall be required to sign an agreement stating that they
have received a copy of the departmental policy and this policy regarding
repayment by the employee, and agree to the terms of same. Should an
employee refuse to sign such an agreement, the City will not pay for the
continuing education course or testing fees for the optional license or
certification as described herein. Such agreement shall not alter the
employee's at�will status, shall not constitute an agreement for continued
employment, and shall not provide any employee the right to employment with
the City.
UUM I I Salary increases
a) Salary increases. increases in salary may be gICIIIV5 Y L FZ; Y cmouul " auuul CA"%�K:;
with the compensation plan based on employee performance, evaluated merit, market
comparison of pay for the employee's position, changes in an employee's job description or
duties, and availability of funds,
ff r J I
cost"of4ving adjustment ("COLA") for employee salaries based on factors relevant to
changes in the local cost of living and the availability of funds. Every COLA approved by
the City Council shall apply the same percentage increase to the base salary of every City
employee or group of employees, including but not limited to the City Secretary and City
Manager.
wages during a fiscal year which would result in exceeding appropriations made for such
purpose.
full months of employment with the City. Except as provided in subse ion (b), below,
eligible fulktime employees shall receive ten dollars per full month of employment. Regular
fulktime employees who have completed at least 12 months of employment shall be eligible.
-1-1, 2014 shall be iive dollars per lull onLHoIe ploy ent.
I; A T; A + HI k� r4;c �rcnrl
U VVqUqUH K; OU%�VH qzo Kr; %J �V� I ZI
employees actively employed on the date of payment, and months of service shall include
all months served as of December 31 of each year.
HN Nlrm.oiwilinn nfir%in nnrl fira Hin nrtmpnt e nIoN/ees shall receive their longevity nav on or
Months of service shall include all full months served as of their anniversary hire date.
e) Anv employee leavina Citv e nlovment and later beina re�emrfloved will forfeit all previous
or workers' compensation leave will not accrue longevity for that period of leave.
f) Maximum annual longevity pay for fulktime employees will be $1,200.
5a13 Separation Pay
3ubject to Section 116 of this
)ay that is due to them in accordance with and subject to the following provisions:
(a) The final compensation check for a selfAerminating employee will be issued not later than
�17" -F; I +; k I/ f^
mployee who has been involuntarily ter inated Ill De issued not later Man LHe SIXLH
egular working day following termination. Separation pay may be delayed due to any
ending investigation of an employee or unforeseeable administrative delays in processing
ayment.
�j U � P uy��Q F Y
compensation due to him or her.
shall be paid for unused vacation time earned,
deductions, be refunded in accordance with the applicable program. In the event a member
of the retirement system leaves the employment of the City prior to retirement and is not
vested, such member may elect to leave his contributions on deposit with the system for not
more than five (5) years, may file application for a full refund of the employee's contributions
and accrued interest thereon, or may roll the funds over into a qualified account. In the event
that an employee receives a full refund of his contributions, the employee forfeits any
seniority towards retirement under Texas Municipal Retirement System ("TIVIRS"). To the
extent of any conflict between this provision and any mandatory provision of the City's TIVIRS
plan, said plan shall govern.
from their final paycheck and all Gity equipment and property must De returned belore Me
final compensation check is released.
dis issed because ol violating pe onnel rules and regulatons UU"Ut�,IHMY UO" UG
forfeit accrued vacation pay unless mutual agreement is reached between the department
head, City Manager, and the employee.
If 5in employee dies hile errinloved by the City the City shall nav their designated
Y I
representative or representative of their estate any unpaid compensation, unused vacation
time, and accumulated benefits.
514 Retirement
(a) Reoular fullAi e e Dlo
details regarding the plan may be obtained from the Director of Human Resources,
Participation in TIVIRS shall be immediate and a condition of employment, Where practical,
employees shall give the Director of Human Resources written notice of their intent to retire
at least three months prior to the proposed date of retirement.
b) Details of the retirement plans, as well as additional information, is provided in the Texas
Department.
c) PartAime and seasonal employees are not eligible to make contributions to TIVIRS, unless
(d) Employees on leave without pay are not eligible to make contributions to TMRS.
(e) In addition to TMRS, all employees of the City are included in the Medicare System.
(f) To the extent that any provision in this Manual directly conflicts with state law governing
TMRS, or directly conflicts with the plan as provided to the City through TMRS, this Manual
shall yield to the extent of the conflict if the conflict.
105.15 Recovery of Pay and/or Benefits
(a) It is the employee's responsibility to review their payroll information and deductions for
accuracy. In the event that an employee is over paid, given excessive leave benefits or
receives any other benefit and/or compensation in error, through an employee's
misrepresentation or through the misapplication of a policy or an error in processing, the
employee is expected to notify their department head (or Director of Human Resources, as
appropriate) and the City will take steps to recover those benefits and/or compensation. This
also includes any form of payroll deduction that results in an underpayment.
(b) Attempts will be made to establish an agreed -upon method to recover the resources. Failure
to agree on a method will result in appropriate actions at the City's discretion (such as payroll
deduction, reduction in leave time accrual rate, reduction in rate of pay, etc.) to recover the
City's resources. An employee's failure to cooperate in the recovery process could result in
disciplinary action up to and including termination.
(c) Upon notification of an error employees will be expected to repay the City. Generally,
employees will be given the same amount of time to complete repayment to the City as the
time period during which the error was made. For example if an employee received
overpayments for three (3) pay periods, the employee will have three (3) pay periods from
the date of notification to complete repayment to the City. If unusual circumstances warrant,
other payback periods may be allowed by the City Manager.
City of Anna
Personnel Policy Manual
Section 106. Holidays, Absences &Leaves
106.1 Holidays
(a) The following holidays are declared official holidays for regular full-time �^� ro,.,,I�r r,�r+_
time employees:
0
(1) New Year's Dav
(2) Martin Luther King Jr. DaV
(3) President's Dav
j4) Good Friday
(5) Memorial Dav
j6) Independence Dav
(7) Labor Dav
(8) Veterans Dav (Firefighter can observe September 11'h in lieu of Veterans Da
9) Thanksgiving Dav
10) Dav after Thanksgivin
11) Christmas Eve
12) Christmas Dav
(b) The City Council may declare special holidays in addition to the holidays identified in
subsection (a), above. Any such special holidays will be taken according to established
procedures relating to holidays.
(c) As many employees as possible shall be given each holiday off consistent with the
maintenance of essential City functions.
(d) On declared official or special holidays, regular full-time employees shall be paid for
holiday leave as outlined in the table below. Regular part-time employees shall not
receive holiday pay.
(Amended 9/22/2015, Res. No. 2015-0940)
Page
Full-time Fire
Full-time Police
All other Full-time
Department 24 hour
Department 12 hour
Employees
Shift Employees
Shift Employees
i b5
Hours of Holiday
12 hours
12 hours
8 hours
Leave
(e) Employees on any type of leave without pay, disability leave, or workers compensation
injury leave (except during periods of salary continuation) shall not be entitled to paid
holiday leave.
(f) Temporary employees will not be paid for holiday leave.
(g) A regular employee who is required to work on an official or special holiday shall be paid
for the hours worked at a rate of one and one-half times their regular hourly rate plus
receive e
pay for holiday leave, or take paid holiday leave within 30 days of the official holiday as
approved by his/her department head.
(h) Except for employees regularly scheduled to work on a shift basis, a holiday that falls on
a Saturday will be observed the preceding Friday. A holiday that falls on a Sunday will be
observed on the following Monday. The City Manager may make adjustments as necessary.
(i) An employee absent without authorized leave on the working day immediately preceding
and/or following a holiday shall lose pay for the holiday as well as for the unauthorized
absence(s). An employee absent without permission when scheduled to work a holiday
will not receive holiday pay and is subject to disciplinary action.
(j) If the last day of an employee's employment falls on a holiday, the employee will not be
paid for that holiday;
(k) Employees in the City's Fire Department shall be granted the same number of vacation
and holidays, or days in lieu of vacation days or holidays, granted to other City
employees, at least one of which shall be designated as September 11th.
Notwithstanding any other provision of this Section 106.01, this holiday shall always be
observed on September 11 regardless of the day of the week. Fire fighters receive
September 11th as a holiday, but it does not increase the total number of holidays
received. It is an optional holiday for fire fighters. If a fire fighter chooses to take
September 11th as a holiday, the Veterans Day (November 11th) will be the holiday
deducted from the total accrued holidays to keep the number of holidays the same as
what is granted to other Cityemployees.
(I) Holidays falling within an employee's vacation period or within a period of absence
properly chargeable to illness shall not be counted against vacation or sick leave.
(m)An employee on workers' compensation leave will receive holiday pay only when the
employee would have normally been authorized to be paid for thatholiday.
(n) Employees desiring to observe bona -fide religious holidays not listed as an official City
of Anna holiday may be given time off without pay or may be authorized to use accrued
vacation leave.
(o) Department heads shall ensure that eligible shift workers and other employees working
unusual schedules receive benefits of the full number of official holidays. Should an
Page 166
official holiday fall on an employee's normal day off, the employee shall either receive
holiday leave pay for the holiday, or be allowed to take paid holiday leave within 30 days
of the official holiday as approved by his/her department head.
106.2 Vacation
(a) All regular full-time employees of the City shall be allowed vacation leave with pay after
the successful completion of the probationary period following initial employment.
(b) Regular full-time employees begin to accrue vacation leave on the first day of
employment as shown in following table:
Vacation Leave Accrual
a
.i
as
PATtra am
M�&
e mme e
Wa W
Vacation Leave Accrual
Full-time Fire
Department 24 hour Shift
Employees (Avg. 56
hours per week)
Full-time Police
Department 12 hour Shift
Employees (Avg. 42
hours per week)
All other Full-time (Avg.
40 hours per week)
Years
Hours per
pay period
Approx.
Weeks per
Year
Hours per
pay period
Approx.
Weeks per
Year
Hours per
pay period
Approx.
Weeks per
Year
4-st
4:31-
2
3.23
2
348
2
2-nd
4a4
282
3:66
2,2
"9
29-2
3rd
54-7
2W
348
2* 4
30M
2-04
4th
5.6
2.6
4�
Z6
4
2W
5th
"3
2L8
4643
Z9
4:34
�
1-9 "r-more
16.462
3
4.847
3
4.616
13
10 or more
19230
14
16.920
14
16,160
14
Hours per
year
Approx.
Weeks per
year
Hours per
year
Approx.
Weeks per
year
Hours per
year
Approx.
Weeks per
year
Maximum
Annual Vacation
Accrual
336
6
252
6
240
6
(c) Eligible employees accrue paid vacation at the end of each pay period.
(d) All employees shall be allowed to take vacation leave with pay after the successful
completion of the probationary period following inal employment. Except in cases of
emergency or as otherwise approved by the City Manager, vacation leave may not be taken
prior to the successful completion of the six month probation period. Approval of the City
Manager's office is required in such situations.
(e) Absence on account of sickness or injury in excess of that authorized for such purposes, at
the request of the employee and approval of the department head can be charged against
available accrued vacation leave allowance.
(f) In the event that an official paid holiday falls during the vacation period, holiday pay shall be
given instead of vacation pay.
(g) Full-time employees may accrue more vacation leave than the Maximum Annual Vacation
Accrual, however, accumulated vacation time may not be carried forward each year in
excess of the Maximum Annual Vacation Accrual. The cutoff date for vacation accumulated
in excess of Maximum Annual Vacation Accrual shall be January 31 of each year. Any
excess accrued vacation over the Maximum Annual Vacation Accrual on February 1 of each
year will be forfeited.
(h) Department heads will approve vacation requests, giving due consideration to the needsof
the department. All leave requests should be made in writing and require prior approval of
the employee's supervisor. Supervisors are encouraged to approve/disapprove an
employee's vacation request in a timely manner.
(i) Employees who separate from the City following satisfactory completion of the probationary
period shall receive compensation for unused vacation leave up to the Maximum Annual
Vacation Accrual. Employees who separate from the City prior to the satisfactory
completion of their probationary period or who are dismissed due to violations of the
personnel rules and regulations concerning employee conduct will forfeit accrued vacation
pay unless a mutual agreement is reached between the department head, City Manager,
and the employee.
Q) Vacation leave shall not be advanced.
(k) Vacation leave may be taken in not less than one hourincrements.
(I) Employees on leave without pay, or disability leave shall not continue to accrue vacation
leave or sick leave. Employees on workers' compensation injury leave shall continue to
accrue vacation leave during the period of salary continuation only
(m)Part-time, seasonal and temporary employees shall not earn or accrue paid vacation leave.
(n) The City Manager may authorize paid leave as part of an offer of employment to a
prospective employee.
106.3 Sick Leave
(a) All regular full-time employees shall be entitled to sick leave with pay. Regular full-time
employees begin to accrue sick leave on the first day of employment as shown in the
following table. During the first ninety (90) days of the probationary period, sick leave may
not be used as accrued unless specifically authorized under Section 103.01(f) of this
Personnel Policy Manual.
(Amended 9/22/2015, Res. No. 2015-09-10)
Sick Leave Accrual
Full-time Fire
Full-time Police
All other Full-time
Department 24 hour
Department 12 hour
Employees
Shift Employees
Shift Employees
(Avg. 40 hours per
(Avg. 56 hours per
(Avg. 42 hours per
week)
week)
week
Years
Hours
Approx.
Hours
Approx.
Hours
Approx.
per pay
Weeks
per pay
Weeks
per pay
Weeks
period
per Year
period
per
period
per Year
Year
Annual
5.17
2A
3.88
2A
3.69
2.4
Accrual
Hours
Approx.
Hours
Approx.
Hours
Approx.
per year
Weeks
per year
Weeks
per year
Weeks
per year
per year
per
Maximum
1344
24
1008
24
960
24
Annual
Sick
Accrual
Page � 70
NCK leave may De taKen at any time Tor diness, injury, exposure to contagious disease or
routine medical or dental appointments which cannot reasonably be scheduled outside of
working hours, and Illness of a member of the employee s immediate family who requires
the employee's personal care and attention. For this purpose, immediate family member
shall be the employee's child, stepchild, parent, stepparent or spouse. A child is defined as
a biological, adopted or foster child, stepchild, child of an employee who is standing in loco
parentis or legal ward of the employee. The child must be under 18 years of age, or 18 years
of age or older but incapable of self�care because of a mental or physical disability Illness
arising from pregnancy or complications thereof, shall be regarded the same as other types
of illness.
notification is received at their department no later than one hour after regular reporting time.
0
Individual departments may require earlier reporting times. Failure to ensure proper
notification without valid reason shall constitute absence without leave.
in succeeding years up to the Maximum Annual Sick Accrual.. Each Uecember 31, any
sick leave balance in excess OT the Maximum Annual ZNCK Accrual is reduced to Ine
Maximum Annual Sick Accrual without compensation.
not De reinstated SHOUIU Me employee later be re�employed.
k 1 4- 1z I A k f t/ I I
U clyo, U1 H�J 0 k� UOVK; U1 VClk�Cl UH V;GIV�s
regularly prescribed rate during absence, as though the employee were on duty. Employees
on leave without pay, or disability leave shall not continue to accrue sick leave. Employees
on workers' compensation injury leave shall continue to accrue sick leave during the period
of salary continuation only.
1� The department head mav reouire satisfactorV Droof of illness at anv time the emr)lovee is
from the attending physician of the need for an employee to remain at home to attend to a
sick child, spouse or parent. A department head may disallow use of sick leave in the
absence of satisfactory proof of need, Employees using or attempting to use sick leave
without proper cause shall be subject to disciplinary action, up to and including dismissal.
Employees on sick leave for more than two consecutive work days, or three or more work
days within any five day period, must produce a doctor I s certificate indicating treatment for
a legitimate illness or injury in order to receive sick leave with pay. The doctor's certificate
must contain a specific explanation of the reasons the employee was unable to work. A
department head may require the employee to furnish a statement from the attending
physician confirming the employee I s ability to resume his/her job duties before permitting
the employee to return to work.
Any employee terminated or resigning from the City shall forfeit all accumulated sick leave.
K) An e ployee on SICK leave may be subJeCL LO disciplinary aCLion, Up Lo and including
termination, under the following circumstances:
) 11 Lhe employee, engciges " o e, wo, I Pay VV U I uk�u V "U 0 � �� i
"Uauuo " fn%� V Coo "U clu �1 Y �J F Y I
comply with the attending physicians instructions or advice regarding the injured
condition, other than for bona4ide religious beliefs;
capacity to perform, as specified by the attending physician.
terminated and the time off due to the illness or injury be charged to sick leave. Application
for such substitution must supported by a medical certificate or other acceptable evidence.
WILH staLe and iederal laws or a cumulative maxi un, u 140 UUIZ3 H C1HY ulca ak�cl yucu
(October to September). This includes both active duty training and regular active duty. The
term if with pay 13 means full and regular pay for days and times the employee would ordinarily
have been working, Employees must notify their supervisors before their pendingduty.
h% Pvtonriinri I jn!�win More than 120 Hours Employees ith ilitary leave extendino bevond
0
accrued vacation leave, they may request any part of it through their supervisors. This will
not affect their military leave status.
c) Duty Verification. Employees shall provide written performed duty verification as soon as
payment of military pay and to confirm any veterans' reemployment rights. Verification may
include, but is not limited to, orders, drill letters, training schedule and or a duty verification
signed by the officer in charge.
d) Uniformed Services Employment and Reemployment Rights Act. The Uniformed Services
who perform duty, voluntarily or involuntarily, in the if uniformed services." USERRA also
prohibits employers from discriminating against past and present members of the uniformed
services and applicants to the uniformed services. Those that served have the right to be
reemployed if they left to perform service in the uniformed service and meet these
requirements:
(1) The employee must have been absent from a civilian job on account of service in
the uniformed services;
(2) The employee must have given advance notice to the employer that he or she was
leaving the job for service in the uniformed services, unless such notice was
precluded by military necessity or otherwise impossible orunreasonable;
(3) The cumulative period of military service with the City must not have exceeded five
years;
(4) The employee must not have been released from service under dishonorable or
other punitive conditions; and
(5) The person must have reported back to the civilian job in a timely manner or have
submitted a timely application for reemployment, unless timely reporting back or
application was impossible or unreasonable.
(6) If eligible to be reemployed, the employee must be restored to the job and benefits
they would have attained if they had not been absent due to military service or, in
some cases, a comparable job.
(e) Health Insurance Protection. If a City employee leaves their job to perform military service,
they have the right to elect to continue their existing employer -based health plan coverage
for themselves and their dependents for up to 24 months while in the military. Even if they
do not elect to continue coverage during their military service, they have the right to be
reinstated in the City's health plan if and when reemployed, generally without any waiting
periods or exclusions except for service -connected illnesses or injuries.
(f) Enforcement. The U.S. Department of Labor, Veterans Employment and Training Service
(VETS) is authorized to investigate and resolve complaints of USERRA violations. For
assistance in filing a complaint, or for any other information on USERRA, contact VETS at
1-8664-USADOL or visit its website at http://www.dol.gov/vets. An interactive online
USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm.
106.5 Bereavement Leave
Department heads or the City Manager, after ascertaining the exact circumstances, may grant a
regular full-time employee up to 24 work hours per year of paid leave for deaths within the
employee's immediate family. For the purpose of bereavement leave, "immediate family" shall
aWays include a spouse, parent*, parent -in-law, child*, brother*, sister*, brother-in-law, sister-in-
law, son-in-law, daughter-in-law, grandparent, grandchild or grandparent -in-law. Vacation leave
may be used to supplement bereavement leave, upon request and approval. Employeesmay be
required, at the discretion of the department head, to present proof of immediate family death.
Death of other relatives who had been residing in the same household will be considered on an
individual case basis, with approval, of the City Manager.
* Also includes "step -[relatives]" of these types.
Page � 71
UUM0 JuryluourL LJuLY
mployees required by summons to repuit lo, Juy ULY k "UU "Y Y10" jU I Y U Y)) U1 VV U C31U
paneled as a juror or alternate, shall receive their regular pay during the time period directly
elated to jury duty (not to exceed 40 hours of jury duty per summons).
proof of attendance from the presiding court before pay can be issued, Upon release
from jury duty, employees must return to their assigned work location,
Employees failing to return to work after being excused from jury duty during their
normal work hours are subject to disciplinary action,
administrative body for and on behalf of official City business or on behalf of the
county, state or federal government for services related to City duties, shall be
compensated in accordance with the procedures specified under this Section.
availaDle, proOT OT attendance Dy the court or respective ad inistration body.
private legal business. vacation o, CUMPtAMOCILUly LIJIM; 1110Y U U-SU CIPPI UVC; Y C;
department head.
a 7 A A ; ; 4 fma I ;+k 0
Plgnpfinnc! P In inne nn rl"f nn ffirk rInfa n
exercise this right if the polls are not open for voting for two consecutive hours outside of
the voter's work hours. Evidence of voter registration and voting may be required by the
i
supervisor.
b) Hazardous Weather Conditions, Except for extraordinary circumstances, City offices DO
judgment and are not asked to take unnecessary risks.
(1) Closings of City administrative offices are only authorized by the City Manager.
2) During official closing period, each department head will designate essential o
weather conditions. Such employees are not given time off at a later date for hours
worked during the period of closing. Employees not designated to work are granted
paid administrative leave. Such employees will be compensated at their regular pay
rate for the hours they were scheduled to work. This is to assurethat employees do
not lose compensation due to circumstances beyond theircontrol.
(3) Non-exempt employees who are designated essential and who must continue to
work during emergency or weather related closings are compensated at their regular
pay rate during the emergency closing period. Such employees are not given time
off at a later date for hours worked during the period of closing.
(4) Exempt and non-exempt employees on sick leave or vacation leave on a day when
a partial or full day closing occurs are charged with sick or vacation leave for that
day as was scheduled.
(5) Non-exempt employees unable to travel to work during a period of non -closing will
either take vacation leave or leave without pay.
(6) Exempt employees unable to travel to work during a period of non -closing must miss
the entire work day before having to take vacation leave or leave without pay. Partial
day absences do not apply to exempt employees. If an exempt employee has no
accrued vacation time, he or she will be required to make up the missed time at a
later date.
(c) Disciglinary or Criminal Investigations. The City Manager may determine, as a matter of
administrative discretion, that an employee subject to a disciplinary or criminal investigation
should not be in the workplace while that investigation is pending. In such case, the City
Manager may place an employee under investigation on administrative leave with pay for a
period of time appropriate in the individualized circumstances.
106.8 Authorized Leave without Pay
(a) A leave of absence without pay may be granted at the discretion of the department head
and must be approved by the City Manager. Such factors, including but not limited to, length
of time away from the job, reason for, and urgency of the request, and length of service with
the City, will be taken into consideration by the City Manager. Leave without pay is granted
as a matter of administrative discretion. No employee may demand leave without pay as a
matter of right, but it may be granted to any employee.
(b) An employee may be granted leave without pay, when all other forms of leave such as
vacationI compensatory time off, holiday, and personal leave have been exhausted. If the
leave is not medical in nature, then accrued sick leave is not an available option.
(c) Leave without pay may be considered for the following reasons:
(1) To participate in training that would result in increased job ability.
(2) To achieve an educational level necessary for advancement in the City.
(3) To perform a service that will contribute to the public welfare.
(4) To recover from an illness or disability, not believed to be of a permanent or
disqualifying nature, for which sick leave and wage supplementation benefits have
been exhausted or are not available.
(5) When return to work would threaten the health of others.
(6) To provide necessary care for a family member who is ill or is incapacitated.
(7) For an excused absence during the initial employment period.
(8) For an excused, but non-compensable, absence of less than a day.
(9) To permit vacation.
(10) To perform duties in the military service.
(d) In circumstances not falling within other provisions of these rules, the City Manager may
authorize an employee to take leave without pay under mutually agreeable terms and
conditions. Employees taking leave without pay shall not lose or gain seniority. All employee
benefits will remain in effect during periods of authorized leave without pay.
(e) Service credit. An employee who is on leave without pay for more than six 6 consecutive
calendar weeks loses service credit for that period in excess of the six calendar weeks
except in regards to Military Leave.
(f) Accrued leave. An employee granted leave without pay forfeits use and accrual of sick
leave, vacation leave, holiday leave, bereavement leave, court leave, except to the extent
that leave without pay is authorized under federal or state law.
(g) Termination. An employee granted leave without pay must physically return to work to
retrieve sick credit, but will be paid any vacation leave balance due if the employee
terminates in accordance with the terms of this Manual.
106.9 Absence without Leave
Unauthorized leave not reported within 72 hours of the scheduled reporting time shall serve as
notice of immediate resignation by the employee.
�7!
It is the policy of the City to offer eligible participating employees who have
exhausted all available leave balances the opportunity to receive additional leave
benefits from a Catastrophic Leave bank for extended absences in the case of
catastrophic illness or injury to the employee or eligible family member for an FMLA
qualifying event.
(b) Procedure/Rule
1. Eligibility. All regular full-time employees are eligible to participate and
contribute to the Catastrophic Leave bank. Eligible contributing employees
must have successfully completed six (6) months of employment. An
employee requesting catastrophic leave must be employed with the City of
Anna for ninety (90) days and must be in good standing. Employees that are
placed on a Performance Improvement Plan or have received any written
disciplinary action within the past year of employment are not eligible to access
the leave bank. Participation in the program is voluntary and must be
requested in writinq (Appendix A).
2. Minimum Contribution. Fulltime employees wishing to participate may
contribute a minimum of two (2) hours of accrued vacation leave. The
contribution for sick leave is a minimum of forty (40) hours. Contributions from
sick leave will be credited at a rate of 50% to the Catastrophic Leave bank.
Contributions will be credited to the Catastrophic Leave bank. Donated hours
will not be distributed directly to the recipients leave bank but will be available
as needed. Employees electing to participate must contribute hours from the
sick or vacation accrual account. In such case that employees lack the
necessary hours in their sick accrual account, employees may contribute from
their vacation accrual accounts, if applicable. Compensatory time accrual is
not eligible for contribution to the leave bank.
Employees contributing to the Catastrophic Leave bank, must retain no less
than 50% of their annual sick and vacation accrued leave balance available
after donation and must be in good standing.
3. Maximum Contribution. The maximum annual contribution to the Catastrophic
Leave bank is eighty (80) hours per employee per calendar year.
4. Open Donation Period. The Human Resource Department will notify
employees when there is an open period for donations. The notification will be
based on the current need request by employees. The donation period will be
open for thirty (30) days.
5. Contributions to the Catastrophic Leave bank may not be designated for use
by any specific employee, to avoid quid pro quo, HIPAA violations, or any
Privacy concerns.
6. Leave cannot be traded, sold, bartered, etc. directly to any employees.
75
Time donated by an emploVee maV nOt De recovered or recaptured, As recovering or
recapturing donated time is an administrative burden, leave time donated to the bank will
remain for future occurrences or incidents,
EmploVees that are terminated from the city are not eligible to donate sick or vacation hours to
the catastrophic leave bank,
EmploVees that are not in good standing and have submitted a resignation are not eligible to
donate sick or vacation hours to the catastrophic leave bank.
0. Employees that leave the city within good standing and successfully completed the
Probationary Period are not eligible to donate accrued sick leave or vacation hours to the
Catastrophic Leave bank,
health condition that affects the employee, or the employee's spouse, child or parent,
which is unanticipated, non� 0 ob related, not self�inflicted, and requires an employee's
absence without paV for a period of at least two weeks after all leave balances have been
exhausted. This is further defined as those illnesses or accidents which reqq t
confinement in a hospital or accidents which require extensive medical care of an
unforeseeable nature, Examples include life threatening in*urV or illness, cancer, AIDS,
heart surgerV, stroke, etc, Catastrophic illnesses shall not include elective surgery nor
unforeseeable medical care rendered as a result of something other than in'urV o
disease,
bV the Human Resources Department. A representative Trom the Human mesources
Department will act as the primary administrator and contact for the program.
A I 1A I i +i n fnr (ofoctrn hir% I anx/in "(Zt hin
made on Me standard lorm provided UV Lhe unian esouicks euo nien uu 4
Each application must include the standard FMLA form with a health care provider's
signed statement, The request must include the health care provider's name, address and
phone number. The forms shall be submitted to the Human Resources Department.
The maximum hours of Catastror)hic Leave that mav be requested and be granted is 480
a
ontinue to be applicable. The maximum hours of Catastrophic Leave that can be granted
o a single employee is 960 hours in a lifetime.
dvance Notice of Need, Requests that are approved will not be granted retroactiveIV.
working days prior to exhausting all paid leave.
Application Review. The Human Resources Department will review each application and
(a) EmploVee is enrolled as a participant in the Catastrophic Leave bank, This
participating employee.
Employee's entire accumulated leave (holiday, sick, vacation, comp� time,
etc.) has been exhausted. The leave balance must be zero (0) balance,
Proper documentation is complete and is provided in a timely manner
(Appendix A and standard FMLA form) and
76
(d) Requestinq employee or immediate family member has a qualifying
catastrophic illness or injury.
(e.) The Human Resources Department will inform the applicant of their decision
in writing within five (5) days after the receipt of the application.
6 The Human Resource Department will inform the City Manager of request for leave. The
City Manager's approval is final.
7. Employees may request donations in eight (8) hour increments only or greater if shift
schedules are in larger increments, e.g. 10; 12: 24.
8. While an employee is receiving benefits from the Catastrophic Leave bank, he or she will
not continue to accrue vacation time, compensatory time, sick leave, or personal holiday
leave.
9. Catastrophic Leave that is granted and not used by the employee will revert back to the
Catastrophic Leave Bank.
10. If a separation of employment occurs while an employee js utilizing Catastrophic Leave,
the employee may not receive payment for the remaining balance of their Catastrophic
Leave.
11. Ineligibility. A participating employee shall lose the right to obtain benefits from the
Catastrophic Leave bank by:
(a) Termination of employment, including resignation,
involuntary termination and retirement; or
(b) Refusal to comply with the policies and procedures set forth in the Human
Resources Manual and/or this policy: or
(c) Determination of permanent disability by the U.S. Social Security
Administration; or
(d) Accumulation of other city derived compensation, e.g. sick leave, vacation
leave, etc; or
(e) Return to work after two (2) weeks in his/her normal status, at which time
all unused granted leave by the bank shall be returned to the bank; or
Compensation from short-term disability or long-term disability; or
,(q) Currently on salary continuation for workers compensation.
12. Coordination with FMLA: In those cases where the employee is eligible for leave for a
serious health condition which qualifies under both the Catastrophic Leave and FMLA,
these benefits shall automatically run concurrently and be counted against the employee's
entitlement to family medical leave.
77
CATASTROPHIC LEAVE REQUEST FORM
Employee Name:
Department Number• Date:
I am requesting consideration for approval of Catastrophic Leave for the following
reasons:
The standard FMLA form includinp an attending physician's signed signature must be
attached to this reauest form.
I am requesting Catastrophic Leave until•
Available leave accruals were/will be exhausted on:
I understand that if I receive Catastrophic Leave it will count as leave under the City's
FMLA policy.
Applicant Sipnature Dafe
Department Director Sipnature Date
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I For Human Resource Department Use Only: I
I I
❑ Approved ❑ Denied Date:
Reason for Denial:
I I
If approved, time period leave granted for: Total hours
approved:
I I
Human Resource Dept. Representative Signature Date
l�C
(a) Definitions
Traumatic event - an event, series of events, incident, or set of circumstances that
is experienced by the employee, during the scope of employment, as physically
harmful emotionally harmful, or life threatening and that has the potential to cause
lasting adverse effects on the employee's functioning and mental, physical, social,
or emotional well-being outside of the typical setting for the position.
Traumatic events may include, but are not limited to, the following:
(1) Maior disasters which may include response to weather related events involving multiple
a. casualties; or explosions with multiple casualties; or search and recovery missions
involving
b. multiple casualties;
(2) Incidents involving multiple casualties which may include shootings or traffic accidents;
(3) Line of duty death or suicide of a department member;
(4) Death of a child resulting from violence or neglect;
(51 Officer(s) involved shooting of a person.
b) Eligibility and Applicability
(1) This policy is applicable to emolovees who are emploved for the purpose of actin
as peace officers as defined by the Texas Commission on Law Enforcement
(TCOLE), for the City %J Anna.
(2) This provisional policy takes effect September 1 2021 (Texas G.0 614.015) and may
be later updated by the City.
(3) This policy allows the use of mental health leave for those eligible peace officer
employees who experience a traumatic event in the scope of employment.
(4) Employees who meet all eligibility requirements are entitled to up to three calendar
days per calendar year of mental health leave.
(5) Mental health leave beyond three days will be reviewed to determine if the leave is
an FMLA-qualifying reason.
(6) Approved mental health leave will be paid leave that does not utilize accruals or
cause a deduction in salary.
(7) If mental health leave is not requested by an employee during the 12 months
following the traumatic event the employee will not be compensated for unused
time. This time does not roll over or accumulate over calendar years and will not be
paid out upon separation from employment with the City.
(c) Process
(1) If eligible an employee or supervisor on their behalf if reauested by the employee,
may request Mental Health Leave in writing through a memorandum to the Human
Page 175
Resources Director within two days 01 Me LraumaL!c evem. I He requeSL muzA e
accompanied bV an authorization from the employee for the CitV to access
information from the employee's treatment providers as necessary fo
implementation of this policy.
2) Notice of intent to utilize mental health leave should be given immediately upon a
determination of need.
3) If the CitV determines that leave is being taken for an FMLA�qualifyinq reason, the
City shall notify the emploVee in writing and generalIV within five business daVs of
the determination,
4) Human Resources will provide reasonable assistance regarding obtaining mental
health services and contacts for the emploVees who have been approved for mental
health leave,
ADr)roved leave will run concurrentIV with FMLA under appropriate circumstances
This means that use of mental health leave will count against the emploVee's 12 week
annual allotment of FMLA leave.
6) Prior to returning to work, the City maV request the employee to submit to a fitness
for dutV as a requirement in order to return to work, Fitness for dutV certifications will
be required whenever an employee indicates any inability to fully perform any
portion of their assigned 4ob description due to experiencing a traumatic event.
7) The employee is required to authorize the CitV's Human Resources Department their
status with the psycholoqist including: status regarding their ability to return to work;
additional care or treatment that is considered necessarV; timeframes regarding the
care expected or needed necessitating absence from the workplace; and status
updates that provide a depiction of the employees abilitV and competencV to
complete their position's requirements, attendance.
8) If an employee wants to contest a denied mental health leave request, theV maV do
so in writing to the Director of Human Resources within 3 business days of receiving
the denial. They may appeal the decision of the Director of Human Resources to the
City Manager in writing within 3 business daVs of receiving the denial. The decision
of the CitV Manager shall be final.
9) Once the emploVee's mental health leave allotment under this policV has been
exhausted, additional leave outside of this policV may be available through FMLA,
which may be r)aid or unpaid as dictated bV the CitV's FMLA policV and the
emploVee's accrued leave balances..
AnonVmitV
division head and the Director of Human Resources, in order to maintain anonymitV fo
the employee.
(2) Memorandum submission will onIV be used in order to process the employee's request,
including: leave request review, medical professional assistance, and other items
pertaining to the review and execution of mental health leave for peace officers.
(3) Status of the emploVee, if mental health leave is granted, will only be conveyed to
necessary members of the Human Resources Department for processing, the
employee's department or division head, and the CitV Manager.
(4) Approved leave and the nature of the requested leave will not be reflected, expressed,
Page 176
or conveyed to employees outside of those individuals listed above, except as
necessary in order to process the claim.
(ol use of mental health leave by an individual will be kept confidential to the extent
possible with only those on a need -to -know basis.
U0014Z Public Sayety Paid Quarantine Leave
al rurpose: I o provide paid quarantine IUC:lVfC; LU L U y 0 U k� a Ym lul I IV U�
required by and in accordance with Texas Local Government Code, 180.008. The City
provides paid quarantine leave for all employees who are certified and emploved by the
City as a firefic - ether
ihter, police officer, paramedic, and/or certified EMT (tog "Public Safety
employees in accordance with state law and this policy.
0
ordered by their supervisor (through the chain of command) or the City's Health Authority
(Collin County) to quarantine or isolate due to a possible or known exposure to a
communicable disease while on duty. Paid leave for scheduled work time missed due to
quarantine will be provided for the duration of the quarantine period.
when a threat of a highly communicable or a life�endanqerinq disease is immediately
present and may release quarantine orders or protocols for Public Safety employees to
follow. If this occurs, Department supervisors will confer with the HR Director to allow for
the use of paid quarantine leave based on the health authority's orders/protocols for
appropriately dealinci with the disease and/or prevention of community spread. Public
Safety employees will be released from quarantine leave based on guidance from the local
health authority.
in line in your chain OT command 1T Vour im ealate supervisor is unavailablel anU Me rim
Director:
41 1 YUU LUZA [2UZ) L VIU I Cl %aUl I I U Ko 01UUO� jjwU
�fi+� Mlkiln nrdi I pnim Pm In ininca nn niri "qrnntintm leave continue their elirlibility fo
group health insurance coverage for the duration of the leave. While on Paid quarantine
leave, the employee's Paid leave balances will not be reduced.
f) Reimbursement for Expenses. When applicable, emploVees ordered to quarantine may be
medical, and transportation costs. Employees must obtain written approval fo
reimbursement from their Department Head and the HR Director prior to incurring
quarantine expenses, Timely submission of receipts and other appropriate documentation
of expenses is required, See City's Travel & Expense Reimbursement Policy for additional
information on meal reimbursement, allowable and non4lowable expenses, etc.
Lodaina Durina Quarantine. It is expected that most employees will stay at their prim
n employee is unable to effectively distance from other household members at their
primary residence and they want to quarantine elsewhere they may, with Proper
authorization, elect to stay at either of the following locations:
nj A notel in McKinney jor other locationj LHaL Me %�ILV Has arrancleU LO provide
accommodations for City employees ordered to quarantine, or
i) Another location available to the employee where distancing can be maintained, exq., a
second home or RV.
I UU UC) U Cl H VVI C;" L�Ul OOU" 1%J111 u ym�ul u
you choose to quarantine away from your Primary residence.
9 4
their activities and limit actions that may put them in contact with others, This means that
while necessary trips to a testinq facility, doctor, or other health care provider are
permissible, other activities and/or travel away from your approved quarantine location are
prohibited. You must obtain written permission from both your Department Head and the
0
HR Director if you want to quarantine awaV from Vour primary residence or if you want to
travel away from your approved quarantine location, Additional expectations:
to be tested.
quarantine).
0 Stay in a separate roOM Trom other household me bers, it possible,
9 Use a separate bathroom, if possible.
0 Avoid common areas, contact with other household members, and pets.
a Do not make or serve food to others. If Vou are the sole caregiver and must
prepare and/or serve food to others, wear a mask and wash your hand frequently.
9 Don't share personal household items, like cups, towels, and utensils.
Do not allow non�essential visitors.
m
yuu uo
is Everyone should wear a mask.
iiw Keep 6 feet away.
iii. Open windows or use a fan or air conditioner in shared spaces.
iv. If sharing a bathroom, disinfect after use..
3) Monitor your symptoms and your health. Take care of Vourself. Get rest and stay
hydrated, Seek medical care when needed, but call first except in an emergency.
4) When getting medical care or traveling to a testing location:
a. Avoid public transportation, ride�sharinq, and taxis,
bw Use a private car if possible.
c. If you cannot drive yourself, keep as much distance between yourself and the
driver and keep the windows down.
do Have others shop for food and other necessities.
5) If you do not have someone to help you, arrange for food and other supplies to be left
at your door.,
6) Use common sense and take steps to prevent others from getting infected,
Public Safety employees are required to use appropriate PPE as set out in their
Department's internal directives, policies, and procedures in order to reduce the risk of a
possible exposure to COVID�19, Employees with a possible or known exposure to COVID�
19 will be tested in accordance with Collin CountV's testing orders/protocols for Public
Safety employees. If you test positive for COVID�19, HR will notify the City's workers'
compensation provider. (The absence may also be designated as FMLA.) Normally, the
Page 79
quarantine period for COVID-19 is 10 days: if however, you test positive for COVID-19, the
auarantine period may be extended in increments of 3 days to allow for additional testing.
Employees must submit to all testing required by the City. (Note: The City's COVID-19
testing and quarantine requirements are subject to change without a formal amendment to
this policy.)
(m) During quarantine employees who have the ability to work from home (or other approved
quarantine location) based on their job duties may be required to do so.
f n) Employees must timely provide documentation requested by the City in support of their
need for leave including but not limited to test results and proof of an order to quarantine.
(o) Violation of quarantine expectations and other reauirements of this policy will likely result in
disciplinary action up to and including termination of employment. Violations may also
result in the employee being denied paid leave and/or other benefits provided in this policy.
City of Anna
Personnel Policy Manual
Section 107. Family Medical Leave
107.1 Definitions
The City will provide Family Medical Leave in accordance the terms and conditions prescribed
by state and federal law and these policies. The following definitions are provided for ease of
reference and employees should refer to the Family Medical Leave Act ("FMLA") for more
complete or updated information. If the following definitions conflict with the definitions set forth
in the FMLA, the definitions in the FMLA shall control to the extent of the conflict.
(a) Child. A biological, adopted or foster child; a stepchild; a legal ward; or a child of a person
standing in loco parentis. The child must be under 18 years of age, or 18 years of age or
older, but incapable of self -care because of a mental or physical disability.
(b} Covered Servicemember.
(1) a member of the Armed Forces (including a member of the National Guard or
Reserves) who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired list,
for a serious injury or illness; or
(2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a
serious injury or illness and who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
(c) Eligible Family Member. An Eligible Employee's child, stepchild, parent, stepparent and
spouse. The term "parent" does not include a parent "in-law."
(d} Health Care Provider.
(1) Includes doctor of medicine or osteopathy, podiatrist, dentist, clinical psychologist,
optometrist, chiropractor, nurse practitioner, nurse -midwife, clinical social worker,
Christian Science practitioners (if listed with the First Church of Christ, Scientist in
Boston, Massachusetts), and any health care provider recognized by the City or
City's group health plan benefits manager. These health care providers must be
authorized to practice in the state in which the provider practices and be performing
within the scope of their practice as defined under state or federal law.
(2) This term also includes a health care provider listed above who practices in a country
other than the United States and who is authorized to practice under the laws of that
country.
(e) Outpatient status. The status of a member of the Armed Forces assigned to:
(1) a military medical treatment facility as an outpatient; or
Page � 81
(2) a unit established for the purpose of providing command and control of membersof
the Armed Forces receiving medical care as outpatients.
(f) Serious Health Condition. Includes an illness, injury, impairment, or physical or mental
condition that involves any of the following:
(1) Any period of incapacity or treatment connected with inpatient care (i.e., an overnight
stay) in a hospital, hospice or residential medical care facility;
(2) A period of incapacity requiring absence of more than three calendar days from
work, school, or other regular daily activities that also involves continuing treatment
by (or under the supervision of) a health care provider;
(3) Any period of incapacity due to pregnancy, or for prenatal care;
(4) Any period of incapacity (or treatment therefore) due to a chronic serious health
condition;
(5) A period of incapacity that is permanent or long-term due to a condition for which
treatment may not be effective; or
(6) Any absences to receive multiple treatments (including any period of recovery
therefrom) by, or on referral by, a health care provider for a condition that likely would
result in incapacity of more than three consecutive days if left untreated.
(g) Serious injury or illness.
(1) in the case of a member of the Armed Forces (including a member of the National
Guard or Reserves), means an injury or illness that was incurred by the member in
line of duty on active duty in the Armed Forces (or existed before the beginning of
the member's active duty and was aggravated by service in line of duty on active
duty in the Armed Forces) and that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or rating; and
(2) in the case of a veteran who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time during a period described
in subsection (b)(2), above, means a qualifying (as defined by the Secretary of
Labor) injury or illness that was incurred by the member in line of duty on active duty
in the Armed Forces (or existed before the beginning of the member's active duty
and was aggravated by service in line of duty on active duty in the Armed Forces)
and that manifested itself before or after the member became a veteran.
107.2 Eligibility
(a) Subject to subsection (h), below, and only to the extent that an employee is an "eligible
employee" under this section 107 and under 29 U.S.C. § 2611 (Family Medical Leave Act),
the City will provide up to twelve weeks of unpaid leave in a twelve-month period. This
benefit will be offered to eligible employees for the following reasons:
(1) Birth of a child;
upon place enL WILH Me e ployee ol a CHIIU or allOpLlon or lostercare;
clfuu cmu�j Q lily U111 C;13
F y t� Y
perform the essential functions of his or herjob;
$ 1
parent is on active duty or has been notified of an impending call or order to active
duty in the U.S. National Guard or Reserves in support of a contingency operation. A
list of qualifying exigencies is available from the U.S. Department of Labor (Wage
and Hour Division); and
with a serious injury or illness may be eligible for up to 26 work weeks of unpaid leave during
a 12"month period to care for that servicemember (Military Caregiver Leave). Employees
who need further information on this type of leave should contact the U.S. Department of
Labor (Wage and Hour Division).
the City at least -1 250 hours during the twelve onths prior to the requeSL Ior leave under
the FMLA. In determining whether or not an employee has worked for the City for the
required twelve months, all time worked for the City will be counted (even if in
nonconsecutive periods). In determining the amount of leave available to an employee, the
City will consider any leave under the FMLA taken in the twelve (12) months prior to the
date the requested leave is to begin.
a\ If kn*1 thin n In nin nnrl thin gn In ne:�'cz 1z r)"ca nro tam In pri h thp Cit fa ily leave
and care of a child; for the placement of child for adoption or foster care, and to care for the
newly placed child; or to care for an employee's parent who has a serious health condition.
As an example of how this limitation may work, during a 12�month designated period, the
married couple took 12 weeks combined (mother/wife took 10 weeks, father/husband took
2 weeks) for the birth and care of the newborn child. The mother/wife would have two
workweeks of FMLA leave to care for her own serious health condition or that of her or child
or spouse. The father/husband would have remaining 10 weeks of leave to care for his own
serious health condition or that of his spouse or child. Since this married couple used 12
workweeks of FMLA leave for the birth and care of the newborn child, no additional FMLA
leave may be taken to care for the parent with a serious health condition by either spouse
in the remaining 12 months.
f) Most employees taking leave under the FMLA will be allowed to return to the same or
definition of key employees may be denied reinstatement to employment when The Gity
believes it would cause substantial and grievous economic injury to its operations. If any
"key" employee is to be denied reinstatement, the City will provide the employee with written
otice OT: hisiner status as a Key employee anU Me reasons lor denying jou reSLoraL!on. in
uch circumstances, the "key" employee will be provided a reasonable opportunity to return
o work after provision of the notice.
HY CWIIIPVYqZor� U "�j Y
may be required to provide a completed Notice of Intent to Return from Leave form (refer to
Appendix A�6).
for FMLA leave if employed at a worksite at which the City employs less than 50 employees
if the total number of employees employed by the City within 75 miles of that worksite is less
than 50.
with health benefits, These benefits will be provided to the employee under the same
conditions as if the employee was actively working. The employee must continue to pay
applicable premiums, co�payments, deductibles and other out�of�pocket expenses
(including premiums for dependent coverage, if any).
Resources to determine a written schedule for paying insurance DeneT!t premiums. I he
meeting shall take place prior to the employee taking family medical leave. When an
employee is placed on unpaid leave under the FMLA, the City will continue eligible
employees' health care benefits including medical benefits. During the period of unpaid
leave, the employee receives the same benefits and has the same payment obligations as
employees who are working. This means that employees on unpaid leave must make
arrangements with the Director of Human Resources to continue paying the employee share
of premiums, if any. A 3May grace period for payment of premiums will be provided before
coverage is affected.
6 An e nlovee who is on unpaid leave under the FMLA and chooses not to nav or aorees
I I
t
payment of insurance premium. An employee whose insurance benefits are cancelled (due
to non�payment of premium) shall, upon returning to work (fulktime), have insurance
benefits restored as if there was no break in coverage, Insurance benefits for the employee
will be restored without the employee having to meet any qualifications, take a physical
examination or satisfy pre�existing conditions.
d) The City will cease to make health benefit payments if and when an employee informs the
fails to return to work when the FMLA leave entitlement is exhausted. The City may, at its
option, cease to make health benefit payments on behalf of an employee if the employee's
0
premium payment is more than 30 days late, If the City anticipates terminating health benefit
payments on this basis, the employee will receive written notice advising that coverage will
cease if payment is not received at least 15 days in advance of the City's cessation of health
benefit payments.
(e) The City may require any employee who fails to return to work after using family medical
leave to reimburse the City for any insurance premiums paid by the City to maintain the
employee's dependent health coverage.
107.4 Notification
(a) Employees are required to give 30 days' notice (when possible) to their supervisor of the
intent to take leave under the FMLA. If 30-day notice is not possible, notice should be
provided immediately upon a determination of need. Employees should provide at least
verbal notice within two business days of learning of the need to take FMLA leave. The
employee must provide sufficient information to make the City aware of the need for FMLA
leave and the anticipated timing and duration of the leave. If an employee seeks leave for
an FMLA-qualifying reason for which the employer has previously provided the employee
with FMLA-protected leave, the employee must specifically reference either the qualifying
reason for leave or the need for FMLA leave.
(b) If the City determines that leave is being taken for an FMLA-qualifying reason, it shall notify
the employee that the leave is designated and will be counted as FMLA leave. Such notice
will be in writing and generally provided within five business days of the determination.
107.5 Medical Certification
(a) Any employee requesting family medical leave for a serious health condition of the
employee or of an eligible family member shall complete a Certification of Health Care
Provider form (refer to Appendix A-7). Employees have at least 15 calendar days of the
request for FMLA leave, but not more than 20 calendar days to obtain and submit to the
Human Resource Administrator the required medical certification. The certification form
must be completed by the patient's health care provider(s) and must contain at least the
following:
(1) Date condition began;
(2) Probably duration of condition;
(3) Appropriate medical facts about the condition; and
(4) Statement that the employee is needed to care for the ill family member or, in the
case of their own illness, is unable to perform their job.
(b) The City may require a second opinion from a health care provider of its choice at its own
expense. If the opinions of the two health care providers conflict, the City may require, at its
expense, a third medical opinion from a health care provider mutually agreed upon by the
employee and the City. The third opinion shall be considered final and binding on both the
employee and the City.
(c) The City will not require a second or third opinion of certification, or require recertification,
of a covered servicemember's serious injury or illness, or of a qualifying exigency. The City
may, at its option, contact the individual or entity named in a certification of leave for a
qualifying exigency for purposes of verifying the existence and nature of the meeting.
(d) To protect the employee's privacy, the certifications will be treated as confidential medical
records and will be disclosed on a strict need -to -know basis.
107.E Reduced Work Schedule
(a) Any employee placed on a reduced/intermittent work schedule while on leave under the
FMLA must provide their department head with a completed certification form (refer to
Appendix A-7). The medical certification must be completed by the patient's health care
provider. The form shall state that intermittent leave is medically necessary and must specify
the approximate length of time the employee will be on a modified workschedule.
(b) When an employee requests intermittent leave or a reduced work schedule, the employee
may be temporarily transferred to alternative positions with equivalent pay and benefits. The
purpose of the transfer is to better accommodate recurring leave periods.
107.7 Use of Paid Leave
(a) Accrued sick and vacation leave or other accrued paid leave must be used concurrently with
unpaid leave under the FMLA (administrative leave without pay). If the City substitutes paid
leave for unpaid FMLA leave, it may be counted against the 12-week FMLA entitlement if
the employee is notified of the designation when the leave begins.
(b) In the case of family and medical leave, the Department Head shall send notification to the
employee, with a copy to the Director of Human Resources designating the time off as leave
under the FMLA.
107.8 Parties' Responsibilities
(a) Employee.
(1) Notify the City of any needed leave required due to a Serious Health Condition. If the
employee fails to notify the City of the reason for leave, the leave may only be
retroactively designated as FMLA leave if the City is notified of the designation while
the leave is in progress or within two business days of the employee's return to work.
However, retroactive designation is not available if the employee's failure to notify the
City of the reason for leave resulted in the employee's separation of employment from
the City under circumstances in which the City had no actual notice that the leave
was required for a Serious Health Condition.
(2) Employee on leave under the FMLA may be required to report their medical status
and/or intent to return to work or expected date of return to their Department Head at
least every two weeks.
(3) Other responsibilities as set forth in this Section 107.
(b) Department Head.
(1) Requesting leave under the FMLA and designating the same is a process that
requires interaction by the employee and Department Head. Because employees
may not always use the specific terms "leave under the FMLA" or "family and medical
leave," upon the employee's request for leave, it is the responsibility of the employee
)discuss the reason ks) Tor the leave and the Depart enirleauLOueLer ine heLher
iey meet FMLA guidelines. As soon as possible, the employee shall inform their
epartment Head of a need to take leave under the FMLA an Application for Family
nd Medical Leave shall be completed (refer to Appendix A�8). Department Heads
hould review the circumstances of the leave to determine if it should be considered
mily medical leave.
t� Y ZJ ZI
leave, the Department Head should notify the employee in writing, that the leave will
be treated as leave under the FMLA. The Department Head shall record when the
leave began and how long it is expected to last.
their employees take. If an employee requests leave for family and medical purposes
that necessitate time off without pay (i.e., all applicable accrued paid time has been
exhausted), the Department Head must generate a Personnel Action Form (PAF),
indicating in the PAF "Comments" section that the leave without pay is for family and
medical purposes. The employee should be given a copy of the PAF designating the
time off as unpaid family medical leave. If an employee has taken leave for family
and medical purposes within the prior twelve months, this should be noted in the
"Comments" section, along with the dates the leave was taken. This will document
that the total amount of leave under the FMLA (unpaid in addition to paid) does not
exceed the 12�week maximumff
ployees may have more Man 12 weeks pa!U LI e accrue ecaust, e y s eave
olicy is more generous than what FMLA requires, paid leave in excess of twelve (12)
eeks is not a concern unless unpaid leave is also required.
�rk /�;+ I k 11 + n +hn +nboin nf PhAl A lonxia tac ci no2i Pfix/P fn or
" U VWYIII�H ZJ S t� I a
count FMLA leave under any it no fault attendance policy currently in place or which may be
enacted in the future.
70 rnnrefination with Workers' Compensation Benefits
n those cases where the eMDlovee is eliaible for leave for a serious healt
utomatically run concurrent. This coordination shall occur in circumstances such as when an
mployee sustains a serious work related injury resulting in hospitalization, or misses more than
hree workdays (in excess of 4 hours a day) due to a compensable work related injury.
�oordination shall occur as follows:
(1) Notification Procedure. The injured employee must submit a completed incident
hours and will serve as official notification to the Director of Human Resources that
an incident has occurred. Upon receiving the completed incident report the Director
of Human Resources shall notify the employee's Department Head of a qualifying
WC claim and will designate the employee's lost time as leave under the FMLA (if
applicable). If such injury is designated as leave under the FMLA the Department
Head shall notify the employee in writing within two business days of such
relvagA91NOM
designation. The time of absence will be deducted from the employee's available
family and medical leave.
(2) Light Duty Position. The City may not require employees who are using leave under
the FMLA and WC leave concurrently to accept a light duty position recommended
by the physician treating the employee for the WC injury if the employee is still eligible
for and wants to utilize any leave under the FMLA. However, an employee who
declines the City 's offer for light duty work will lose their right to collect WC benefits.
Once WC benefits cease, the City will require the employee to use accrued paid leave
(e.g. vacation, sick, etc.) before unpaid leave may be used.
(3) Payment of Workers' Compensation Benefits. At no time shall any employee be
allowed to collect Workers' Compensation benefits and sick/vacation leave benefits
equal to more than 100% of employee's normal rate of pay.
107.10 Temporary Replacements
If, due to business necessity, the department needs to fill the position during the leave period,
authorization may be requested from the City Manager for the hiring of a temporary employee.
City of Anna
Personnel Policy Manual
Section 108. Employee Communications Poli
108.1 Open Communication/Open Door
(a) It is the City's goal to maintain approachable, open-minded, two-way communication at all
levels between all City employees and to improve the quality and efficiency of City services.
All employees are encouraged to participate in a free and uninhibited exchange of
questions, suggestions and information which may improve municipal service, safety,
employee performance and morale, efficiency, cost effectiveness, effective maintenance or
public relations: anything that will enable us to do a betterjob.
(b) Employees are strongly urged to first discuss the issue of concern with their immediate
supervisor; however, when unusual circumstances merit departure of the normal chain of
command, employees may contact anyone in the City administration structure, including the
City Manager, to answer their questions or concerns.
108.2 Privacy Expectations
(a) All employees are responsible for maintaining a level of confidentiality that will preserve an
environment that supports sincerity, honesty, and ethical behavior. City employees shall not
use their position to secure official information about any person or entity for any purpose
other than the performance of official responsibilities. Additionally, a City employee shall not
intentionally or knowingly disclose any Confidential Government Information gained by
reason of the employee's position.
(b) Subsection (a) does not prohibit:
(1) the reporting of illegal or unethical conduct to authorities designated by law; or
(2) any disclosure, not otherwise prohibited by law, in furtherance of publicsafety.
(c) "Confidential Government Information" as used in this section includes:
(1) all information held by the City that is not available to the public under the Texas
Public Information Act;
(2) all information held by the City that is available to certain persons based only on the
person's special right of access as applies under the Texas Public Information Act;
(3) any information from a meeting closed to the public pursuant to the Texas Open
Meetings Act; and
(4) any information protected byclient-attorney privilege, attorneywork product, or other
applicable legal privilege.
(d) As City employees supported by public funds, employees should not expect privacy in their
work facilities, workstations, and/or anything that belongs to the City used to produce that
work.
(e) If an employee has questions about whether certain information is considered confidential,
please contact your superior or the Director of Human Resources.
108.3 Telephone Usage
If requested, department heads shall be responsible for producing logs of long distance telephone
calls and for assuring that they are only made for necessary City business. Telephones should
be answered promptly and courteously. Personal calls shall be limited so as to not interfere with
City business.
108.3.1 Personal Use of City Provided Cell Phones
(a) Employees are responsible for exercising good judgment regarding the reasonableness
of personal use. City cell phones are to be used for City business. (Occasional personal
use is permitted as long as it does not exceed the total monthly allocation.) Employees
are subject to the rules set forth below in Section 108.03.3 when using City cell phones
for personal use.
(b) When personal calls cause the monthly plan minutes to be exceeded, employees shall
reimburse the City for the total amount in excess of the normal monthly bill.
(c) The smallest cell phone plan available that accommodates the business needs shall be
utilized at all times. If the business needs of the employee require a cell phone contract
based on unlimited monthly use, the employee is required to reimburse the City for
monthly personal calls. The reimbursement rate will be 20% of the total monthlybill.
108.3.2 Cell Phone Issuance
(a) Issuance of a city cell phone must have the approval of the City Manager or his/her
designee. City positions will be evaluated on a case -by -case basis by the City Manager's
office and department directors. If a city position has been approved for issuance of a city
cell phone the city equipment will be supplied by the Information Technology Director.
(c) Employees are advised that records related to calls made on city issued cell phones are
public information. Information related to telephone numbers called, time and date, and
length of calls ordinarily may be obtained through the Open Records Act except in narrowly
defined circumstances. Employees are advised and should be aware of the fact that
cellular calls are not secure and can be monitored. It is a crime for a third party to
intentionally monitor cellular phone conversations without the consent of one of the parties
to the conversation. A party to the conversation can legally monitor or record the
conversation.
UOKOWO use ol Personal Cell Phones
a) I tie UlLy recognizes LHaL many e ployeeS Have ce P UHUO 0 UY I HU U U1 C;
phones may belong to the employee or be provided for the employee's use by the City,
as set forth in Section 108.03.1 and 108.03.2. The use of an employee's personal cell
phone�including but not limited to cell phones with functions such as cameras and video
and audio recorders�at work must not interfere with job duties or performance.
Employees must not allow cell phone use to become disruptive or interfere with their own
or a co�worker's job performance. Use of personal cell phones should not be used in areas
that are accessible to the public, such as the front desk, or in the presence of a customer.
An employee may not photograph or otherwise record any event or situation that would
constitute confidential information, as that term is defined in Section 101,01.1, without
obtaining the advance permission from the employee's department head or the City
Manager. An employee may not photograph or otherwise record any activity or event
during work hours, without obtaining the advance permission from the employee's
department head or the City Manager, unless the employee's work assignments include
duties that would require taking photographs or recordings in the performance of their
official responsibilities, in which case any such photographs or recordings are the property
of the City.
and other unlawful harassment, will be subject to disciplinary action, up to and including
termination.
I Thn
U up U"uoj PCA&C�l Q, �J I I I
use by City employees in the performance of their job duties. These communication
devices are referred to collectively in this policy as cc electronic communications
systems or "systems."
2) The Citv systems are desioned to surmort and enhance the communication, research
a
communication and sharing of information resources within the City. This policy
governs user behavior pertaining to access and usage of the City's electronic
communications systems and, to a certain degree, use of employee's personal
computers or electronic communications devices used during performance of City
business.
uectively: k-1) require the employee LO disclose in rmaLIon MaL is made conlidenUal Dy law LO a Pulou"
vho is not authorized to receive same; (2) interfere with a peace officer's lawful attempts to enforce the
aw or to investigate, detect or prevent criminal activity; or (3) otherwise violate an applicable state or
ederal law or regulation. If an employee has any questions about the applicability of this policy, they
hould consult with their supervisor, their department head, or the Human Resources Director. See also
3ection 116.02 of this Manual.
I his policy applies Lo all UlLy employees, conLraCLors, volunteers and OLher
representatives of the City who use the City systems. The City systems must be used
in a professional, responsible, efficient, ethical and legal manner and in a manner
that does not unreasonably disrupt the working environment.
Y ZI
0
communications systems to the extent that such rights are not superseded by
applicable laws relating to intellectual property.
to the collecting, reading, cataloguing, or other monitoring of electronic communications
stored on the City I s electronic communications systems, regardless of whether the City
systems are being used for City business or non�City business. Employees who wish to
maintain their right to confidentiality or a disclosure privilege must send or receive such
information using some means otherthan City systems or the City�provided Internetaccess.
reference, research, internallexternal communication and conducting City business
in line with the user's job responsibilities, subject to the exception set forth in the
following paragraph (2). Employees who use the systems are encouraged to develop
uses which meet their individual job�related needs and which take advantage of the
City's electronic communications systems, The City prohibits connection to sites or
forwarding of information that contain materials that may be offensive to others
including, but not limited to, sites or information containing sexually explicit material.
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communications systems is allowed under this policy as long as such use is not
excessive, does not impede job performance or the performance of City business,
and does not result in any unauthorized expenses or charges to the City. The City
is not responsible for personal communications sent or received on City systems, or
for maintaining the confidentiality of such communications.
3) The Citv reserves the riaht to monitor emolovee email and internet usage stored on
electronic mail messages (including person al/p rivate/i nsta nt messaging and text
message systems) and their content, as well as any and all use by employees of the
internet and computer equipment used to create, view, or access email and Internet
content where such content is stored on the City's electronic communications
systems.
ibited Uses and Rules Governing City Systems include:
(1) The use OT video, audio, image, storage, etc, can pu
or limit any bandwidth limiting activities. The City also reserves the right to require a
review of any usage that is discovered to have strained the City's resources.
Employees found to violate this policy will be subject to the disciplinary process.
(2) Distributing or otherwise using profanity, obscenity, or other language or content
which may be offensive or harassing to other coworkers or third parties.
(3) Accessing, displaying, downloading, or distributing sexually explicitmaterialI
(4) Accessing, displaying, downloading, or distributing profane, obscene, harassing,
offensive or unprofessional messages or content.
(5) Copying, use, distribution, or downloading commercial software onto City systems
in violation applicable licensing agreements or of copyright law.
(6) Using City systems for financial gain or for any commercial activity unrelated toCity
business.
(7) Using City systems in such a manner as to create a security breach of the City
systems or network.
(8) Accessing any site, or creating or forwarding messages with derogatory,
inflammatory, or otherwise unwelcome remarks or content regarding race, religion,
color, sex, national origin, age, disability, physical attributes, or sexual preferences.
(9) Transmitting or sharing information regarding a coworker's health status without
his/her permission.
(10) Expressing opinions or personal views that could be misconstrued as being those
of the City.
(11) Expressing opinions or personal views regarding management of the City or other
political views that are unreasonably disruptive to the workenvironment6
(12) Using the electronic communication systems for any illegal purpose or in any way
that violates City policy or is contrary to the City's best interest.
(13) Playing games or gambling.
(14) Initiating, propagating, forwarding, or recklessly handling of chain e-mail,
unsolicited advertising materials, or other"spam."
(15) Tampering with, or alterations to, electronic mail messages without the sender's
permission; including but not limited to placement of unauthorized attachments or
content on another's electronic mail message or computer equipment.
(16) Unauthorized access to or hacking into City systems.
(e) Responsibility.
(1) All users that are issued access to City systems and accounts are responsible at all
times for its proper use, regardless of the user's location. The City provides and
maintains these systems are designed to assist in the conduct of City business. All
transmissions created, sent, received, retrieved or accessed and that are stored on
City systems are considered property of the City and may be subject to disclosure
as public information. Every employee has the responsibility to maintain and
enhance the City's public image with the proper use of City systems in a professional
and productive manner.
(2) Employees may only use software approved or provided by the City. Additionally,
the software must be installed in compliance with procedures as established by the
City Manager and the technology department head. To prevent computer viruses,
there will be no unauthorized downloading of any software. Each City employee is
responsible for his or her computer files and for seeing that the following precautions
are in place to limit the City's possible exposure and damage from computer viruses
as follows:
(i) Virus detection software has been purchased by the City and installed on all
computers and the servers. The virus detection application will be set to
automatically scan the computer and scan any hard disks and any removable
media (e.g. CD, DVD, flash drive, external storage drive, etc.) and all of the
files on such devices to be read, moved, or copied onto the City -assigned
computer.
(ii) No employee shall disrupt, "turn-ofP' or tamper with the City -assigned computer
virus detection application.
(iii) Any employee who identifies a virus or a problem with or absence of the virus
detection software on a City -assigned computer or anywhere else on the City's
system shall immediately notify his or her supervisor and the finance
department.
(iv) City employees shall make every effort not to read, move or copy files from any
removable media received from an unknown source.
(v) City employees shall make every effort not to read, move or copy files from any
removable media that has not been professionally recorded unless thesource
of the media is well-known and reasonably trustworthy and the content of the
media is believed to be solely related to City business or Cityfunctions.
(3) All computer files that are required to be maintained by the City shall be stored or
saved to a network drive on the City system and backed up on a regular schedule
via the chosen method and network backup software.
(4) The City reserves the right to change policies as it relates to the City's electronic
communications systems and its use at any time and as may be required by
changing circumstances. It is therefore the responsibility of all employees to ensure
full knowledge of the City systems use policies. Violations of the policy and its
guidelines may result in the loss of use privileges and disciplinary action, up to and
including termination.
(f) No Right of Privacy/Monitoring.
-1) All passwords used lor any UILY systems are Lo be on lile R" LHe neLWorr%
administrator designated by the City Manager. These will be kept confidential and
only used for security or investigative purposes.
users ol k.1ty SYOW111Z) Cly "Ut C10OU Z�, UY 01V PIUV 10 O"Y UUIIZ;� � ""�"Y Y
and employees have no right to privacy with regard to such systems, Personal
passwords are not an assurance of confidentiality. The Internet itself is not secure.
To ensure proper use of City systems, the City will monitor same,
personnel or programs and that creates and stores copies of any messages, files,
or other information that is entered into, received by, sent, or viewed on such
systems. Accordingly, employees should assume that whatever they do, type, enter,
send, receive, and view on City systems is electronically stored and subject to
inspection, monitoring, evaluation, and City use at any time, Further, to the extent
permitted under applicable law, employees who use City systems and Internet
access to send or receive files or other data that would otherwise be subject to any
kind of confidentiality or disclosure privilege waive whatever right they may have to
assert such confidentiality or privilege from disclosure as a term and condition of City
employment.
4
review, audit, intercept, access and disclose all transmissions created, received,
sent, retrieved or accessed on the City systems to assure that the City's resources
are devoted to maintaining the highest levels of productivity, as well as proper use
and compliance with this policy. The City systems may be checked periodically for
business reasons, without permission from the employee in each instance, and the
employee, as a term and condition of employment with the City, hereby fully
consents to any and all such periodic checks,
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access. Unauthorized modifications or workarounds as relates to such filters are prohibited.
h N (n ri hf Pacfripfinnc An 4zr)ft%AtnrP nr other aterial including music do nloaded toCitv
author or owner of the material. Prior written authorization from a department head is
required before introducing any software into the City systems. Employees may not
download entertainment software, games or any other software unrelated to theirwork.
I) Public Information. Employees are advised that any data or electronic information could be
Employees must take appropriate measures to keep their private information secure.
8w4ml Social Media Policy
Policy Statement. Whether or n
own decision, However, the City recognizes that emerging online C011aDoration plattorms
are fundamentally changing the way individuals and organizations communicate, and this
olicy is designed to implement policy and otter practical guidance lor responsible,
onstructive communications via social media channels for employees.
He same principles and guidelines L CIL CIPP Y U C; OU V UO U It; F UY��O " �3�"
und in this Manual, apply to employee activities in social media channels and anyother
rm of online publishing.
U t� Y
wn business. However, activities in or outside of work that affect your job performance,
he performance of others, or the City's governmental functions are a proper focus for City
olicya
bookmarking services, user rating services and any other online collaboration,
sharing or publishing platform, whether accessed through the web, a mobile device,
0
text messaging, email or any other existing or emerging communications platform.
initiated at will by an individual. YouTube, Twitter, Facebook and other social
networking channels allow users to sign�up for their own social media account, which
they can use to collaborate, interact and share content and status updates. When a
user communicates through a social media account, their disclosures are attributed
to their User Profile.
messages, posts via e aii, images, audio reco nys, v eu eco "go o, any o e,
information made available through a social media channel, Social media
disclosures are the actual communications a user distributes through a social media
channel, usually by means of their social media account.
1) External vs Internal Social Media Channels � External social media channels are
are located at a City�owned domain, require a password to access and are only
visible to employees and other approved individuals.
5) User Profile � Social Media Account holders customize their User Profile within a
made available others users.
6) Copyrights � Copyrights protect the right of an author to control the reproduction and
works, graphical works, photographic works, audiovisual works, electronic works
and musical works. It is illegal to reproduce and use copyrighted material through
* 0
social media channels without the permission of the copyright owner.
7) Controversial Issues Issues that form the basis of heated debate, often identified
4 A
response, Examples include political vie S, HeaILH care relorm, gun conLro, and
abortion. Religious beliefs may also be controversial, particularly to those intolerant
of beliefs different from their own.
(8) Official Content — Publicly available online content created and made public by the
City verified by virtue of the fact that it is accessible through the City'swebsite.
( 3) Tweets and Retweets — A tweet is a 140 character social media disclosure
distributed on the Twitter micro4ogging service. Retweets are tweets from one
Twitter user that are redistributed by another Twitter user. Retweets are how
information propagates on Twitter.
(c) Objectives.
(1) Establish practical, reasonable and enforceable guidelines by which employees can
conduct responsible, constructive social media engagement in both official and
unofficial capacities.
(2) Promote a safe environment for employees to share subject matter expertise that is
not proprietary and earn management's recognition for the outstanding use of social
media for business.
(3) Prepare the City and its employees to utilize social media channels to help each
other and the community that the City serves, particularly in the event of a crisis,
disaster or emergency.
(4) Protect the City and employees from violating local, state or federal rules, regulations
or laws through social media channels.
(d) General Guidance.
(1) The City trusts and expects employees to exercise personal responsibility whenever
they use social media, which includes not violating the trust of those with whom they
are engaging. Employees should never use social media for covert advocacy,
marketing or public relations. If and when employees use social media to
communicate on behalf of the City, they should clearly identify themselves as
employees.
(2) Only those officially designated can use social media to speak on behalf of the City
in an official capacity, though employees may use social media to speak for
themselves individually.
(3) When an employee sees misrepresentations made about the City by media, analyst,
bloggers or other social media users, employees may use their blog, social
networking account, or someone else's to point that out. But an employee may only
do so in an official capacity if the employee has been designated by the City Manager
to do so and the employee follows the terms of this policy.
(4) Different social media channels have proper and improper business uses. For
example, members of social networks are expected to read, and when appropriate
respond, to questions asked of them from another member of their social network.
It is important for employees to understand what is recommended, expected and
Page � 91
3quireo Hen LHey discuss ork�relateU LOPICS, w"eLHer aL or UI U11 L t:� I U
me.
Employees are responsible or arung sureLHaL L U I UH W�, Ok� V U%hl U HU H KA I U
with their ability to fulfill their job requirements or their commitments to their
managers, co�workers or members of the public.
F Y Y t�
without obtaining advance permission from the employee's department head or the
City Manager, unless the employee's regular work assignments include duties that
would require posting information to Social Media Channels as an official
representative of the City in the performance of their official responsibilities, such as
the City's public information officer.
their identity and affiliation to the City whenever discussing City or work�related
topics via social media channels. Be aware of your relationship to the City in all social
media disclosures. Nothing gains more notice in social media channels than honesty
�� or dishonesty. If you have a vested interest in something you are discussing, be
the first to acknowledge that relationship and point it out.
Weir real name and idemlly Mat LHey ork IUI L %5 LY H OHY OUU C1 C; a Ouuaufu
that involves City or work�related topics. The use of pseudonyms and aliases are
strongly discouraged.
+; k knif nf +kn ri+ nnxinr ro racant r)Hrconif fn hP nn nnA r)thpr
Y Y 7
r;l Whenever co mentinn on Citv or work�related tonics via social edia channels
(i) Use a method of disclosure that makes it easy for the average reader to
provide a functional means by which you can be contacted in a timely manner
based on the nature of your social media disclosure, Misinformation has the
potential to spread quickly online and it is our intention to limit the use of
technical or ambiguous language that could be misinterpreted by others. The
failure to reply to legitimate questions which arise from comments made by
City employees in social media channels, particularly by employees who
instigated a conversation, could also result in a negative impressions of the
City and its services. Employees who choose to engage in social media
channels about the City or work�related topics are required to monitor their
feedback and use their best judgment to respond appropriately when
warranted.
i) Employees may only mention the City s ollicial policies in LHeir social edia
disclosures when those policies are publicly available on the Internet, and may
only do so if they include a link to that policy in their disclosure.
CIH U1 I 1P Uy�::;U %wo UUOKoiO U � U1 � "" F Y 1� Y5 Y Y Y
if they precede their social media disclosure with a disclaimer acknowledging
that their personal opinion does not necessarily reflect the opinion of their
employer. (See subsection (k), Disclaimers, below).
social media channels, employees should: (1) disclose their relationship to the
City, and ask those they are engaging with to disclose their relationships and
affiliations as well; (2) never ask someone else to make anonymous social
media disclosures; (3) never use their relationship to the, City exclusively for
personal gain; (4) never use services or technologies for bulk�posting social
media disclosures. Bulk posting of comments to blogs and social networking
services is an unethical practice known as comment spam and is prohibited.
6
social media channels if the minor is not under the care of the employee or the
engagement is not associated with some type of organizational event, activity,
or program. When engaging in discussion with others on City or work�related
topics via social media channels with minors, employees must have approval
of a department head on the purpose and content of the interaction, Employees
must always use extreme care if creating content intended to be consumed by
minors.
/IN [=M 1� Anin
'Y
recognizes and appreciates the rights of individuals to free speech. By
respectfulness, we mean tolerance and consideration for the opinions and positions
of others, whether they are in alignment or conflict with your own.
2) Whether officialiv authorized to SDeak on behalf of the City or not, employees may
are encouraged to represent the core values of the City whenever they make social
media disclosures about the City or work�related topics.
3) Employees should always strive to add value to online conversations by advancing
effectively demonstrate respectfulness to those they engage via social media
channels.
4) Harassment, threats, intimidation, ethnic slurs, personal insults, obscenity, racial or
also prohibited via social media channels.
5) Employees who choose to make social media disclosures about topics relevant to
necessarily private or temporary. Social media disclosures may live online
indefinitely, and employees should remember that they will be visible to a broad
audience and possibly even read out of context.
(6) Always show proper consideration when discussing religion, politics or any other
controversial issues that may provoke a charged, emotional response by
demonstrating tolerance and patience and always strive to show compassion for
alternate points of view.
(g) Personal Privacy.
(1) Employees have a right to their personal privacy. They have the right to keep their
personal opinions, beliefs, thoughts and emotions private. Employees are prohibited
from sharing anything via social media channels that could violate another
employee's right to personal privacy, especially with respect to work -related topics.
(2) Examples of social media disclosures that may compromise an employee's right to
privacy include, but are not limited to, pictures, video or audio recorded and shared
through social media channels without the permission of any single employee
featured, the public disclosure of private facts or the disclosure of information gained
through unreasonable intrusion.
(h) Confidential Information.
(1) Effectively managing and protecting the City's confidential information is a critical
responsibility of all employees. Failure to manage and protect confidential
information correctly may result in legal or regulatory fines, damages to the City's
reputation and lost productivity.
(2) Externally, employees are restricted from referencing customers, partners or
suppliers by name, or the confidential details of their projects, in their social media
disclosures without first obtaining the permission of the City Manager.
(3) Social media channels are not the place to conduct confidential business with co-
workers, customers, partners or suppliers.
(4) External social media channels should not be used for internal business
communications among fellow employees. It is fine for employees to disagree, but
please don't use your external blog or other online social media channels to air your
differences publicly.
(5) Think carefully before you make any social media disclosures. What you publish
online may be available to a broad audience for a very, very long time. When in
doubt, leave it out.
(i) Security.
(1) The use of cameras or other visual or audio recording devices is prohibited at City
facilities, complexes, or at City sponsored events, unless approved in advance by
the City Manager or a department head.
(2) The creation of text messages, text notes, text descriptions, emails, photographs,
sketches, pictures, drawing, maps or graphical representations or explanations of
City facilities or complexes is prohibited without first obtaining permission from by
the City Manager or a department head.
(3) Whether internal or external, social media communications are generally not private.
Sharing of any information via social media channels that could comprise the
security of any City facility or complex is prohibited.
(j) Diplomacy.
(1) Internal social computing platforms permit a broad audience to participate, so be
sensitive to who will see your social media disclosures. If someone hasn't given
explicit permission for their name to be used, think carefully about how your social
media disclosure could impact intangibles such as morale or productivity. Again,
when in doubt, leave it out.
(2) Don't try to settle scores or goad competitors or others into inflammatory debates.
Here and in other areas of public discussion, cooperate and acknowledge that
everyone is important. Never assume superiority. Always be humble. And be open
to compromise, particularly when the cost of conflict outweighs the cost of losing
ground.
(k) Disclaimers.
(1) In order to protect the City's brand, the City wants to make it as easy as possible for
others to be able to distinguish social media disclosures issued in an official capacity
by management from those issued by employees who are not our official City
spokespeople. Only those authorized to speak on behalf of the City in an official
capacity do so via social media channels without including a disclaimer.
(2) Employees who are not authorized to speak on behalf of the City in an official
capacity may share their opinions or thoughts about the City and work -related topics
via social media channels as long as they include a disclaimer clearly acknowledging
that their personal opinions do not reflect the opinions of the City. Disclaimers do not
need to be in the actual social media disclosure itself. Social media disclaimers can
be stated once -- preferable in the biography or about field -- on the profile page of
the social media account holder. Here are two sample social media disclaimers:
(i) "I work for the City of Anna and this is my personal opinion, not the City's."
(ii) "I am not an official spokesperson but my personal opinion is..."
(3) If employees choose to use social media channels to distribute links to official
content, they are not required to disclaim their relationship, so long as they have
clearly acknowledged their relationship to the City on the profile page of the social
media account or channel used to distribute the link, and preferably any other social
media channels they may use to redistribute or syndicate their social media
disclosures.
4) Any employee who chooses to use social edia to publish conLenL or engage in
online conversations in an unofficial capacity without referencing links to official
content are requested to feature the following disclaimer prominently on the profile
page of the social media channel used to distribute the disclosure, and the profile
pages on any social media channels they use to redistribute and/or syndicate those
disclosures. At a minimum, the following standard disclaimer should be used: "The
postings on this site are my own and don't necessarily represent the City policies,
practices, customs or opinions. 11
responsibility when making social media disclosures. By virtue of their position, they
must consider whether the personal thoughts they publish may be misunderstood.
And a department head or supervisor should assume that his or her subordinates
will read what is writtenw Public social media channels are not the place to enforce
I
City policy or reprimand employees.
need to include a disclaimer.
channels are expected to do so without infringing on the copyrights OT others.
0 a
Employees are prohibited from engaging in any activities via social media channels
that interferes with the copyrights of others.
k;IN;+ A f
using internal or external social media CHanneis or evaluaUng L PE, 11110"UU U
their co�workers.
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legal matters, litigation or the City's financial performance. When asked by others to
discuss any of these matters, employees should relay that it our social media policy
only allows authorized employees to discuss these types of matters but I can refer
you to someone at the City if you'd like to ask them, so and refer the question to an
appropriate person designated by the City Manager.
ig Emergencies,
(1) As evidenced
communications. Nevertheless, even in times of crisis, disaster or emergency, only
employees with the authority to speak on behalf of the City are permitted to do so.
2) If an employee who is not authorized to speak on behalf of the City has valuable
may share that information via social media channels, so long as they include a
disclaimer and do so in accordance with the guidelines of this policy.
(3) All employees may use social media channels to extend the reach of official
communications. While only those officially designated by the City Manager are
authorized to speak on behalf of the City, all employees are encouraged to share
official content via social media channels, particularly during a crisis, disaster or
emergency, so as long they take the time to verify that the information they are
sharing is, in fact, official content. For example, before sharing a link, employees
should always verify that (1) the source of the information is legitimate and (2) that
the link they are sharing transits to the correct information hosted at the domain.
(4) If an employee decides to endorse or republish someone else's social media
disclosure about City or work -related topics or emergency relief information,
employees must first verify that the social media disclosure they are republishing
was distributed by the designated source. For example, before retweeting someone
else's tweet, verify that the Twitter user cited did, in fact, distribute that tweet. There
have been numerous cases where false tweets attributed to news sources were
redistributed by other Twitter users, promoting misinformation and confusion.
(n) Penalties. Failure to comply with these social media policies may result in:
withdrawal, without notice, of access to information and/or information resources;
disciplinary action, up to and including termination; and/or civil or criminal penalties as
provided by law.
(o) Policies and Procedures: Reference the Social Media Policies and Procedures
document
108.5 Whistleblower Policy
The City is committed to upholding the requirements of all state and federal laws including the
applicable Whistleblower AGt(s). The City will not suspend, terminate, or otherwise materially
discipline or discriminate against an employee who in good faith reports a violation of law by the
Citv or another public employee to an appropriate law enforcement authority
City of Anna
Personnel Policy Manual
Section 109. At -Will, Discipline, Appeals and Grievances
109.1 Disciplinary Action
(a) Generally.
(1) The City is an "at -will" employer and may terminate employees at any time and for
any reason, with or without cause, unless expressly prohibited by law. It is the intent
of the City to provide employees with a progressive discipline process designed to
help an employee correct performance problems and build a renewed commitment
to the City in an equitable and consistent manner.
(2) Discipline shall be administered without regard to race, color, religion, sex, national
origin, age, disability or other non-performance related factors.
Page (97
(3) Administrative Procedures. These administrative procedures are established to
provide appropriate guidelines in carrying out the policies of the City 's progressive
disciplinary program. The administrative procedures are intended to address general
application of the principles of disciplinary actions in typical situations. It is the
responsibility of each department head to determine the nature, extent, facts, and
circumstances in each disciplinary action case and to use judgment under the City
Manager's direction in the application of the policies and procedures in this Manual.
(4) Disciplinary Process. There will be two different methods for disciplinary actions.
One will be based upon unsatisfactory job performance. The other will be based
upon improper conduct or inappropriate behavior or unsatisfactory attendance. The
City Manager may be consulted at any time should a department head wish to
discuss a contemplated disciplinary action.
(5) Unsatisfactory job performance may result in one or more of the following actions:
(i) Oral warning.
(ii) Written Reprimand. (refer to Appendix A-13)
(iii) Performance Improvement Plan. (refer to AppendixA-10).
(iv) Demotion, Transfer or Dismissal.
(6) Inappropriate conduct or unsatisfactory attendance may result in one or more of the
following actions:
(i) Oral warning.
(ii) Written reprimand.
(iii) Pay reduction.
(iv) Demotion
(v) Suspension.
(vi) Dismissal.
(7) The City Manager shall be consulted whenever a department head wishes to issue
a disciplinary action other than an oral warning. The department head may change
the order of the above progressive disciplinary process, and/or may choose not to
utilize one or more of these steps, depending on the facts of the case. Nothing in
this Section shall preclude the department head from using alternative discipline
procedures where such procedures have been approved by the City Manager. While
it is the ultimate decision of the department head or, as applicable, the City Manager,
to determine the type of discipline, the action should be appropriate for the deficiency
or infraction.
(8) Notwithstanding any other provision of this Manual, the forms in the Appendix to this
Manual are for guidance, and may be altered to appropriately address any particular
situation. Non-use of a form or use of materials that are different than the forms in
the Appendix does not in any manner invalidate any otherwise valid employment
action or decision.
(b) Oral Warnings.
(1) Oral warnings should be documented by department heads and kept within the
department for performance evaluation and record keeping purposes.
(2) Oral warnings may not be appealed by employees. However, employees who
disagree with the counseling action may discuss the basis of disagreement with their
department heads. Should oral warnings be given to employees in written form, the
employees may submit written responses/rebuttals to be attached to the oral
warnings.
(c) Written Reprimands (refer to AppendixA-13).
(1) Written reprimands shall be presented and a copy given to the employees indicating
the following:
(i) The specific employee acts) which demonstrated the unacceptable conduct
or behavior.
(ii) The expected conduct or behavior.
(iii) That such acts) must not be repeated.
(iv) That further disciplinary action will result if the employee fails to show and
maintain satisfactory improvement.
(v) Signed acknowledgment of receipt of the written reprimand by employee.
(2) Written reprimands may not be appealed by employees; however, employees may
submit responses/rebuttals for attachment to written reprimands.
(3) Written reprimands become a part of employees' permanent personnel files and
shall be forwarded, along with any employee responses/rebuttals to the City
Manager.
(d) Placement in a Performance Improvement Plan (refer to Appendix A-10).
(1) When the job performance or behaviors of an employee falls below an acceptable
standard, the department head, or City Manager, if applicable, may place the
employee on a Performance Improvement Plan ("PIP"). The PIP shall consist of
timely discussions between the department head and the employee with the
following provided in writing:
(i) The specific unacceptable deficiency in the employee's performance;
(ii) The necessary improvement in performance;
(iii) The period of time in which improvement must occur; and
(iv) A statement that further disciplinary consequences will result if the employee
fails to show and maintain satisfactory improvement.
(2) A PIP may not be appealed. Employees may, however, submit written
responses/rebuttals for attachment to the PIP. The PIP and any associated response
shall be maintained in the employee's personnel file in the Human Resources
Department, with a copy given to the employee and one retained by the employee's
department.
(e) Suspensions.
(1) Suspensions result in time off without pay. An employee may be suspended without
pay for a period of not less than one day or more than 30 calendar days.
(2) Prior to issuing a suspension for anon -exempt employee, the department head must
consult with the Director of Human Resources and City Manager to ensure
compliance with the Fair Labor Standards Act.
(3) As notice, an employee shall be given a Notice of Disciplinary Action (Suspension)
and shall have the right to respond to the department head to the alleged charges
within two workdays after which the suspension becomes effective; provided,
however, that the City Manager shall have discretion to dispense with the
procedures outlined herein and to immediately suspend an employee with or without
pay or to transfer an employee at any time and without notice if the City Manager
determines that such actions are appropriate based on the conduct in question and
the need to prevent disruption in the work environment.
(4) Suspensions become permanent parts of the disciplinary record maintained in the
employee's permanent personnel file.
(5) Suspensions may be appealed in accordance with City policy.
(6) An employee may be suspended when under investigation for a crime or official
misconductI or is awaiting hearing or trial in a criminal matter. These suspensions
shall be without pay for the duration of the investigation or proceedings when such
suspension would be in the best interests of the City.
(7) Upon completion of the investigation or proceedings, the employee may be eligible
to resume work under terms and conditions specified by the City Manager.
(f) Demotions. Demotions result in employees being moved into jobs with lower responsibility
levels and/or lower pay rates. Pay rates after a demotion will be reviewed on a case basis.
basis.
(1) The decision to demote employees for disciplinary purposes should be written, with
a copy given to the employee and the original retained in the official personnelfile.
As notice, an employee shall be given a INOLIce ol Disciplinary Action kDeMOLIon)
and shall have the right to respond to the department head to the alleged charges
within two workdays before the demotion becomes effective.
Personnel MCLIon For s USL be co, i ip e , e CIH OUH U UI I JOH C;O%JUI
Appendix A~4).
ly V
with the Director of Human Resources and City Manager and present all relevant
facts, circumstances and information, including whether the employee will be placed
on administrative leave with pay or without pay pending the outcome of the proposed
dismissal.
consequences with the respective department head or designee.
initiate a dismissal and to communicate the decision to the City Manager.
Dismissal) and shall have the right to respond to the department nead to the alleged
charges within two workdays before the dismissal becomes effective; provided,
however, that the City Manager shall have discretion to dispense with the
procedures outlined herein and to dismiss an employee at any time and without
notice if the City Manager determines that such actions are appropriate based on
the conduct in question and the need to prevent disruption in the work environment.
nio�ioonic mc, v%n n aniarl in nPPnrrinnr%P ith (it noliC\/
e of Certain Proposed Disciplinary Action and E nlovee Resr)ons
(1) A der)artment head who is considering disciplinary action shall prep
action" means suspension, demotion and/or dismissal. The Notice of Disciplinary
Action should include an explanation of why the discipline is proposed, such as
alleged policy violations, so the employee may adequately respond. The Notice of
Proposed Disciplinary Action shall also establish a meeting time with the employee
within two workdays or as soon as practicable thereafter if meeting within two
workdays is not reasonably possible. The Notice must be forwarded to the City
Manager and Director of Human Resources.
2) A regular employee who receives a Notice of Proposed Disciplinary Action may
disciplinary action. The employee's response/rebuttal must be submitted within two
workdays from the date the Notice of Proposed Disciplinary Action is received by the
employee. This response should be provided to the department head and forwarded
to the City Manager and the Director of Human Resources.
I he e ployee response must be presenLed orally during Me eeting eSWAISHed in
the Notice of Proposed Disciplinary Action, The employee may also present a
response in writing as supplemental information to the meeting, or as a reasonable
accommodation if oral presentation is not an option.
J zJ
meeting.
within five workdays whether the basis for the proposed disciplinary action still
supports a conclusion to take the proposed action. The department head shall notify
the employee of the decision within five workdays of receiving the employee's
response/rebuttal. If the decision of the department head is to take the proposed
disciplinary action, the employee should be notified of the appeal procedure.
action will continue until the response is completed.
Human Resources procedures, in addition to their final paycheck for hours worked.
The employee will also be able to purchase health insurance in accordance with
current provisions,
U1 I 1P UYC;C; a Y C; U C1 I �J C; VV C1 U1 I I I HC3 U HOU, U ul I y uyuu a a CA V U U U
benefit of assert the Fifth Amendment against self�incri mi nation. Once the potential
of a criminal offense exists or becomes known, the employee shall be informed that
the employee has all rights afforded to any person subject to a criminal investigation
and shall specifically be given the "Garrity" warning (refer to Appendix A�9). A
criminal investigation may be ordered by the department instead of or in addition to
a disciplinary investigation. Once the employee has been given the "Garrity"
warning, the employee is required to cooperate fully in the disciplinary investigation,
Any failure on the part of the employee to cooperate fully in the disciplinary
investigation shall be considered insubordination. Information obtained from an
employee during a disciplinary investigation following the administration of the
"Garrity" warning may not be used in any criminal prosecution.
2) In the event the department determines that a criminal investigation is necessary,
ft
investigation, regardless of the complainant's predisposition concerning the filing of
criminal charges.
3) The Police Department shall follow its normal departmental procedures in
CnieT, assign such investigation to another law enforcement entity, as may De
appropriate.
(4) The imposition of discipline, in whatever form, shall in no way preclude a further
sanction imposed against an employee in subsequent criminal or civil proceedings.
Any sanctions imposed in criminal or civil proceedings against an employee shall
not preclude the imposition of administrative sanctions.
(j) Appeals.
(1) Appeal Rules. Employees who are suspended, demoted or dismissed from City
service may appeal such actions in accordance with the following rules.
(i) Employees who are dismissed for non disciplinary reasons, such as incapacity,
will use the same appeal process as for disciplinary dismissals.
(ii) Employees who are terminated by the City as a result of a reduction in force
may not appeal decisions of department heads.
(iii) All requests, responses and decisions to appeal must be in writing. An
employee who chooses to appeal may have a representative at any step during
the appeal process. The City Manager may provide procedural assistance at
any time.
(iv) Time limits may be extended or shortened at any or all steps via a request from
either party to the City Manager, who will make the final decision. If the last day
of a time limit falls on a weekend or a City holiday, the time limit shall be
extended to 5:00 p.m. on the next workday.
(v) If an employee does not respond within the prescribed time limits, the appeal
maybe voided and barred from resubmittal as determined by the City Manager
overseeing the appeal.
(vi) Employees who have not completed their initial probationary period may not
appeal.
(2) Appeal Process for Suspensions, Demotions or Dismissals.
(i) An employee who chooses to appeal a suspension must submit the completed
appeal form to the Director of Human Resources within five workdays from the
date of the letter notifying the employee of the effective action (refer to
Appendix A-11).
(ii) All appeals will be heard by the City Manager or his or her designee.
(iii) An employee's appeal can result in modification of the original disciplinary
action. Consequently, the Personnel Action Form dismissing or taking other
action against the employee and the Personnel Requisition intended to replace
the employee shall be withheld or suspended pending final appeal -process
disposition. Upon receipt of notification that the appeal process has been
completed, the department head shall submit the forms necessary, if any, to
finalize the action.
Page � 103
(iv) Confidentiality. Any disclosure of information related to a disciplinary action or
subsequent inquiry of any employee's separation from employment must be
coordinated with the City Manager.
109.2 Grievances
(a) The City believes that open communication is essential when employees have problemsor
concerns regarding their jobs. Misunderstandings or conflicts can arise in any organization.
To ensure effective working relations, it is important that such matters be addressed before
serious problems develop. Most incidents resolve themselves through effective
communication by discussions between the employee and the department head.
(b) "Grievance" shall mean a claim by an employee that a violation, misinterpretation,
misapplication, or disparity in the application of a written policy, regulation or procedure
adversely affected the employee.
(c) Application.
(1) Items covered by the Grievance Policy include misapplication of written policy,
regulation or procedure of the City or department for whom the employee works,
which has personally affected the grieving employee.
(2) The following items are not covered under the Grievance Policy and should be
resolved through the employee's chain of command:
(i) Generalized feelings of unfairness. A grievance must be specifically related to
a written policy, regulation or procedure.
(ii) Performance evaluations, performance improvement or discipline actions (oral
correction, written reprimand, suspension, release from duty, and dismissal
from employment). When allowed by appropriate policy, an employee may
appeal the action in compliance with the applicable policy and procedure.
(iii) Complaints of civil rights violations such as issues concerning race, color,
religion, sex, national origin, age, disability, or whistleblower. An employee
must complain of these violations in accordance with Section 104.11 of this
Manual.
(iv) Complaints questioning the substance of a policy, rule or regulation. Policy
formulation is reserved as a right of management.
(v) Other issues where a separate appeal process has been established.
(3) To promote harmony in each department and to foster goodwill among employees,
the employee must take questions or concerns that may become grievances to their
department head in an attempt at resolution through a discussion between the
employee and the department head. The department head is obligated to give an
oral response as soon as possible. If the employee is not satisfied with the oral
response or the employee declines to discuss the matter of concern with the
department head, the employee may file a formal grievance.
Page � 104
(d) Formal Grievance Procedures.
(1) Step One: The affected employee will complete a Grievance Form (refer to Appendix
A-12) citing specific policy(ies) that have been violated, including the direct and
adverse effect the violation had on the employee. In addition, the specific corrective
action requested, and explanation supporting this request, must be included. The
completed form must be submitted to the employee's department head within ten
workdays of the event giving rise to the grievance or the employee becoming aware
of the event. Upon receipt of the completed Grievance Form, the department head
must consult with the City Manager or designee to determine if the issue is grievable.
The department head must enter comments or decision on the Grievance Form and
return it to the employee within ten workdays of receipt of the grievance.
(2) Step Two: If it is determined to be a grievable issue, and if the written response
received in Step One does not satisfy the employee, the employee may proceed to
the next level by signing the Grievance Form and submitting it to the City Manager
within ten workdays from the date the decision was received in Step One. The City
Manager or designee will consult with the department head and may conduct
whatever investigation deemed necessary, including interviewing any person who
may assist in resolving the grievance. The City Manager will render a final written
decision within 30 workdays of receipt of the grievance. In the event a grievable
issue is raised against the City Manager, Step Two shall be taken by the City
Council.
Page � 105
City of Anna
Personnel Policy Manual
Section 110. Voluntary and Involuntary Separations
their written resignation at least 30 days before their termination date. An employee other
than a department head may leave the employment with the City in "good standing" by
0 0
giving two weeks' notice, The City Manager may waive any portion of the notice periods set
forth in this paragraph, The personnel records of any employee who resigned by giving
proper notice shall show that the employee resigned of their own accord.
notification, authorization, or excuse shall be considered as absent without leave which
constitutes abandonment of duties, except when the failure to notify is due to circumstances
beyond the control of the employee. Absence without leave may be considered as an
employee's immediate resignation without notice. In such cases, the employee's separation
shall not be considered to be in "good standing."
it ly
accrued vacation time subject to the provisions OT this Manual. Any e ployee no iaiiS to
provide such notice forfeits their accrued vacation and shall be ineligible for rehire by the
City.
as
it
demonstrated job performance and efficiency, with the most proficient employees being
retained the longest. Seniority within City service may be used to determine the order of
layoff among employees with substantially equivalent records of job performance and
efficiency, with the most senior employees being retained the longest, Temporary
employees may be included in the RIF before regular employees performing similar duties.
A RIF shall not be considered a disciplinary action.
b) Employees included in a RIF may be recalled back to theirjob or another similarjob in which
up to one year from the date of the lay�off. Employees being recalled within the year from
the date of the RIF, shall have precedence over other job applicants, Employees recalled
back to work shall report to work as instructed. An employee failing to report back to work
shall be considered as having forfeited their right to reemployment,
03 Incapacity
n employee may be termin
ind reasonaDie acco modation under the Americans RH DisaD111Lies /ACL is not possible
without causing undue financial hardship to the City. A finding of incapacity shall be based on
an individual medical determination by a competent physician chosen by the City.
110.4 Retirement
Eligible employees may elect to retire from the City service in accordance with the applicable
retirement programs.
110.5 Military Separation
Employees leaving City service in "good standing" to enter active duty or for active -duty training
with the armed forces of the United States shall be eligible for reinstatement in accordance with
applicable state and federal laws.
110.05.1 Death
If a City employee dies, his or her estate or designated beneficiary shall receive all
compensation and payable benefits earned as of the date of death. The City shall assist the
beneficiary in processing any claim under an insurance policy, retirement, or benefits plan
issued by or through the City.
110.E Separation Process
(a) Department heads are responsible for obtaining all City -issued property (i.e., ID cards, keys,
purchasing cards, tools, manuals, protective gear, etc.) during the separation process. The
replacement cost of City property not returned by an employee will be deducted from the
employee's final paycheck.
(b) Final paychecks will be available to the employee on the next regularly scheduled payday.
If not picked up by the employee UHLhat day, the final paycheck will be sent to the employee
by mail. It is the employee's responsibility to provide the City with the employee's current
mailing address.
Page � 107
I
ty of Anna
I W %OY O"UU
2
each employee including such information as the employee's job application, resume,
performance evaluation forms, personnel action forms, and other similar employment
records. The basic personnel file does not contain benefit claims forms, reimbursement
requests for medical expenses, forms relating to workers' compensation claims, drugtesting
results, post�offer medical examinations, voluntary disclosure information from the applicant
regarding a "disability" as defined by Section 503 of the Rehabilitation Act of 1973 or any
record of voluntary medical history obtained from an employee or any documents relating
to an employee's medical condition. Medical records are kept in separate files in the Human
Resources Department and are maintained as confidential employee records.
I
in name, address, telephone number, marital status, number of dependents, military status,
person to notify in case of accident or emergency, or beneficiary assignment of any
employee benefits plan. Such notification shall be provided by the employee within one
week of such change.
,or all k.!Ly employees. Uniess UL"t:;1VVZK�, PIUV U Y C3 1 polou""u UO 0 C1 C;
confidential and may not be used or divulged for purposes unconnected with the City
personnel management, except with the permission of the employees involved. All
personnel records are subject to the rules governing the Public Information Act and could
be open to review by the public. Nothing herein shall prevent the dissemination of
impersonal statistical information, An employee shall have a right of reasonable inspection
of their official personnel files and records under appropriate supervision.
d) An emplovee may request a copy of their Dersonnel file upon written request to Human
of the employee's file within a reasonable time frame. Employees will be given a copy of any
written record of a disciplinary or performance counseling that is added to their personnel
file. An employee of the City who objects to material in the employee's personnel file on the
grounds that it is inaccurate or misleading may file a statement relating to the material.
e) Employees are expected to consistently update their personnel records, Forms are available
license. The City also requires updated Emergency Contact information for each employee.
f) No records properly placed into an employee's personnel file shall be removed from the file
except if required by law, court order, or agreement between the City and the employee,
g) Release of information contained in and access to employee basic (non�health related)
Govern ent Code Chapter 552. No iniormaLion on currenL or lormer e ployees will be
released except by the Human Resources Department or the City Manager or City
Secretary.
111.2 Change in Personnel Status: New Hires
Department heads shall submit recommended changes in the personnel status of their
employees or requests to hire new employees to the Human Resources Department prior to
making any commitments to either existing employees or prospective new hires.
111.3 Personnel Records and Reports
(a) Department heads shall be responsible for providing the Human Resources Department or
designee with all necessary employee reports and records associated with good personnel
management for their department. Such records and reports shall include, but not be limited
to, employee sick leave, vacation leave, attendance and overtime records, performance
reports, counseling records, and all types of disciplinary action. Failure to do so may result
in formal disciplinary action.
(b) City personnel records are property of the City and, except to the extent required to be
released under the Public Information Act or other applicable law, shall not be disclosed to
outside persons without the express approval of the City Manager. Any employee receiving
a request for personnel records should forward it to the City Secretary.
(c) The Human Resources Department or designee shall prepare such narrative reports,
statistical summaries, and other personnel reports as are necessary or desirable to provide
useful information to the City Manager.
111.4 Employment Verification
It is the policy of the City that all employment verifications and references be referred to the
Human Resources Department. Unless exceptions are made based on established laws, such
as in the field of public safety, the City will only confirm dates of employment salary and
position/title.
City of Anna
Personnel Policy Manual
Section 112. Employee Benefits
112.1 Workers' Compensation Insurance
(a) Any City employee injured as a result of duties performed in the course of their job shall be
eligible to receive workers' compensation benefits from the City's insurance carrier at no
expense to the employee. Workers' compensation benefits are intended to compensate
workers with job -related injuries or illnesses by reimbursing them for income losses and
paying for medical and rehabilitation treatment.
(b) Workers' Compensation insurance will not provide compensation for any injury which
occurred if the injury:
(1) Occurred while the employee was in a state of intoxication;
(2) Was caused by the employee's willful attempt to injure himself or to unlawfully injure
another person;
(3) Arose out of an act of a third person intended to injure the employee because of a
personal reason and not directed at the employee as an employee or because of
the employment;
(4) Arose out of voluntary participation in an off -duty employment;
(5) Arose out of voluntary participation in an off -duty recreational, social, or athletic
activity that did not constitute part of the employee's work -related duties, unless the
activity is a reasonable expectancy of or is expressly or impliedly required by the
employment;
(6) Arose out of an act of God, unless the employment exposes the employee to a
greater risk of injury from an act of God than ordinarily applies to the general public;
or
(7) Involves the employee's horseplay as a producing cause of the injury.
(c) The City will promptly report any suspected fraud to the Texas Department of Insurance or
to its Workers' Compensation insurance carrier.
(d) Occupational Disability or Injury Leave.
(1) An employee who is disabled as a result of an injury
Compensation on the job will be granted injury leave with
regular salary for up to seven calendar days following the
injury leave will not be charged to Personal Leave.
covered by Workers'
pay at the employee's
date of the injury. This
Page (110
After the afore entioned seven days, the employee ay receive IrOM LHe UILY Me
difference between his regular salary and any Workers' Compensation payments
received for such injury for twelve weeks. To receive this benefit in the form of salary
continuation from the City according to the regular pay schedule, the employee must
request salary continuation in writing and the employee's Workers' Compensation
check must be endorsed and exchanged for the employee's regular bkweekly check.
Otherwise, the employee will only receive from the City a smaller amount
corresponding to the difference between his regular salary and the amount of
Workers' Compensation payments received while those payments are being
collected, After this initial twelve week period, the injured employee will be reviewed,
if appropriate, for fitness for duty by a qualified health care provider and may only
receive Workers' Compensation payments, depending upon the outcome of the
review. The employee may be replaced after twelve weeks and may receive no
further compensation or benefits from the City. This injured leave status is subject
to review and medical opinion at any time. Eligibility for paid injury leave is subject
to the discretion of the City Manager,
0
immediate supervisor/department head and file an accident report with Human
Resources within 24 hours of the injury. Failure to report an injury or illness, within
thirty days of the date on which the injury occurs or the date the employee knew or
should have known of an illness, may delay the employee's receipt of Workers'
Compensation benefits or render an employee ineligible for benefits unless good
cause exists for failure to provide timely notice.
Manager will co pieLe an accident. repo, t immediaLely on I Z) PIUV 1z; Y u
Texas Department of Insurance and submit it to the Division of Workers'
Compensation as directed, and retain one copy in the personnel files, Any
exceptions to this policy must be approved by the City Manager.
innfinn nnri Trantminnt
(1 )1 As a condition of recei
examination and treatment, at the City's expense, by a physician approved by
Human Resources or the Workers' Compensation insurance carrier. An injured
employee forfeits all rights to salary continuation payments if he/she refuses to
submit to an examination or to any diagnostic test, x�ray, surgical procedure, or other
treatment prescribed or recommended by the City designated physician as medically
necessary or indicated to diagnose, treat, or cure the employee's injured condition.
2) An injured employee also forfeits all rights to any salary continuation payments to
engage in work, whether partAime or fulktime, for pay or as a volunteer, for
continuation payments;
i) terminate employment for any reason while receiving salary continuation
I) Tail or reluse LO CO Ply WILH I.He Lre2LIng pHysician s inZ3LI UUL UMS U1 C1 V UE,
regarding treatment of the injured condition, except because of a bona4ide
religious belief;
physician;
the treating physician, is within the employee's physical capacity and for which
the employee is qualified or will be trained;
it is while receiving salary continuation payments; or
treating physician.
employee because that employee filed a workers compensation claim in good Taitn
or for hiring a lawyer to represent the employee in such a claim. The City also shall
not discriminate against an employee for instituting in good faith a proceeding under
the Workers' Compensation Act, causing such a proceeding to be initiated, or for
prior or anticipated testimony in such a proceeding.
Tln;� on�flnn Annc nnt rnA"Aninn a In ain frnm hoin tprminated for reasons other
0" U 1 00 Y U1 "U� "july) Y zJ V
An employee terminated for any such other reason is not entitled to the relief found
in this section, even if the termination occurs at some time in close proximity to the
time of an on4heJob injury. This section does not preclude an employee from being
terminated during an official reduction in workforce due to budget restrictions.
lovee Assistance. The Citv encourages any employee injured on the job to contact the
as a need for Workers' Compensation benefits is identified. The TDkDWC provides free
information about how to file a workers' compensation claim. Also, TDkDWC staff can more
fully explain an employee's rights and responsibilities under the Workers' Compensation Act
and assist in resolving a dispute about a claim. Employees may obtain this assistance by
contacting the local Texas Department of Insurance Division field office or by calling 1 �800�
252�7031 *
12 Modified or Light Duty
(a) Generally. Subject to the availabil
or Illness. IT positions are available, Me UILY will aLLemPL Lo acco modaLe medical
restrictions, when and where reasonable, to the extent required by law and in consideration
T the Citys needs, whether the safety 01 CiLizens and OUier UlLy employees ig"L be
ompromised, and the requirements of the Americans with Disabilities Act (ADA). If
rovision of a modified or light duty would unduly burden the City's operations, it may not
e available to an individual employee, A decision to provide employees modified of light
uty assignments is entirely at the discretion of the City, subject to applicable provisions, if
ny, of the ADA.
I
the essential job functions of a position, as outlined in the job description for the
position.
under these guidelines. The City is not obligated to create a position for
restricted employees.
employee requesting modified duty must present the physician's directive to
his/her department head or the Director of Human Resources.
treating physician will review the directive and determine 1T the directive is
subject to the ADA.
J 0
Depa, LmenL LO deLermine Lhe e,, , iployee s su a Y I U V U YW
J ;11 0 + +;
P1 uuvaa Li a C; P U U" ly CA IqUCAOU"U � "� 111� " Y
temporary medical restriction. If the City cannot accommodate the restriction,
the employee will not be authorized for active duty and will be subject to the
leave policies listed below until released to regular (unrestricted) duty.
s E plovees unable to return to work due to ne onal edical issues ill be
workers' compensation will be subject to the Texas Workers' Compensation rules and
regulations and this Manual.
(1) Eligibility and Notice, Subject to Texas Workers' Compensation Commission Act
restrictions, an employee may be offered modified or light duty, if available,
according to the determination process listed above.
2) Modified or Light Duty in Current Position: When the employee can return to his/her
to twelve weeks. Continuation after twelve weeks will be contingent upon receipt of
an updated notice from the treating physician, availability of a limited duty position,
and based on City need.
0) IVIOCITied Duty in Alternate rOSILlon: VVHen an e ployee s reSLri IU"O Plk,�Vt:;H
temporary continuation of his/her regular job, modified duty, if available, may
continue at an alternate work�site for up to twelve weeks. Continuation after twelve
weeks will be contingent upon receipt of an updated notice from the treating
physician, availability of a limited duty position, and based on City need.
Y 1�
transportation of citizens and City personnel, modified or light duty is not available
for employees who transport and/or supervise citizens in/on City vehicles or
transportation, subject to any applicable provisions of the ADA.
actually worked by the employee in performance of their normal or modified job
duties. Leave hours taken for worker'swcomp�related treatment, medical
appointments, or meetings will not be counted as hours worked for the purpose of
computing overtime.
Fhis type of government insurance, known as "Federal Old Age, Survivors, and Disability
nsurance," provides for benefits for retirement, disability or upon death, This insurance is
inanced by social security taxes, which are paid through payroll deductions by the employee.
rhe City contributes a matching amount on behalf of the employee.
A A
rogra anU Me Federal Une ploy ent I CIX /-NkA k )a 0 PlUU10 PIUV K:5� PUYIJI�"
nemployed workers in certain circumstances as provided by law.
I'D X; Manith Related Benefits
/�;+ ;++ A + ;r4in �no+.n
'Y a
nedical (and in some instances dental) insurance provided by the City, This insurance provides
�overage of hospitalization and major medical expenses for illness and accidental injuries off
he job. Dependent coverage is available by payroll deductions. The Human Resources
Department has more information concerning these insurance coverages and benefits. The
benefits and services offered by the City may be changed or terminated at any time and do not
constitute a guarantee of continued employment with the City.
1116 Continuation of Group Insurance (COBRA)
he Federal Consolidated Omnibus Budget Reconciliation
inder the City of Anna's health, dental, and vision plan for specified periods of time when a
I
qualifying event" would normally result in the loss of eligibility. Qualified beneficiaries are
ndividuals who, on the day before a qualifying event, are covered under a group health plan as
3 covered employee, spouse of a covered employee, or a dependent child of a covered employee.
Qualified beneficiaries also include children who are born to, or placed for adoption with, a
overed employee during the period of COBRA continuation coverage. Some co mon quaillying
vents are resignation, termination of employment, (except terminations for gross misconduct) or
eath of an employee; a reduction in an employee's hours; an employee's divorce or legal
eparation; and a dependent child who no longer meets eligibility requirements. Under COBRA,
he employee or beneficiary pays the full cost of coverage plus an administrative fee. Each eligible
mployee will be provided with information describing rights and obligations granted under
�OBRA when the employee becomes eligible for coverage under The City of Anna's health
nsurance plan. Once a qualifying event has occurred, the City will notify the qualified
)eneficiaries of their right to continue health care coverage.
nay be changed or terminated at any time and do not constitute a guarantee of continued
�mployment with the City.
eligible employees to help them protect their family in the event of the employee's
death. Basic life insurance may be offered for purchase by the employee and may
be subsidized by the City at a level approved by the City Council on an annual basis.
In addition to the basic life insurance, the City may offer eligible employees the
opportunity to purchase supplemental life, accidental death and dismemberment
insurance on themselves, and dependent life insurance covering their eligible
dependents.
f ;kl Qk rt T r
Disability (S I D) coverage to eligible e pioyeeS LO provide Lhei , , a po on o K,- ,
salary when they are unable to work as a result of an off4he-job disability, Short�
term disability insurance may be offered for purchase by the employee and/or
subsidized by the City at a level approved by the City Council on an annual basis,
,:tN I nn Tarm nicnhiiit Thp City av offer if econo icalIv feasible Long Term
OCA Y �:j Zj
salary when they are unable to work as a result of a disability. Long4erm disability
0
insurance may be offered for purchase by the employee and/or subsidized by the
City at a level approved by the City Council on an annual basis.
4) Deferred Compensation, The City may make available a deferred compensation
designed to help supplement eligible employees' income at retirement. Through this
program, eligible employees may designate an amount to be deducted from their
gross salary on a before4ax basis each pay period and placed in an investment
account selected by the employee.
City of Anna
Personnel Policy Manual
Section 113. Travel
113.1 Applicability of Travel Policy
(a) It is the policy of the City to reimburse certain expenses incurred by employees and other
persons who are authorized to represent the City at various conferences, meetings,
conventions, seminars, and functions. The City recognizes that the public interest requires
employees to travel at times to conduct City business. The City also recognizes that the
public interest is served by the advancement of training and professional development of
employees. It is the policy of the City to arrange travel on City business utilizing the most
economical means available.
(b) This policy is applicable to all City employees and applies to all travel on City business
outside the City limits and to all travel reimbursements, subject to budget limitations and
authenticated expenses. The purpose of this policy is to establish general guidelines and
provide uniformity in handling expenditure requests, and to establish proper accounting for
allowable expenses.
(c) Except for in extraordinary circumstances, the City will only reimburse travel expenses for
pre -approved travel on City business. Department heads should notify the Finance
Department of any travel to be undertaken by their employees at the earliest practicable
date so that a decision on reimbursement can be made.
(d) Travel Policy Responsibilities.
(1) Department heads are responsible for communicating and administering the
provisions of this policy to employees and approving all travel requests within his/her
department and should strive to be proactive in planning for the department's travel
needs in the annual budgeting process. It is the responsibility of the department head
to ensure all travel expenses are accounted for within ten working days from the
date of return and the Travel Expense Report forwarded to the Finance Department.
(2) Employees are responsible for all pertinent information on the Travel Expense
Report, indicating purpose of travel, location, type of transportation, departure date,
return date, estimated expenditure and funds advanced. Employees are also
responsible for retaining records of all transactions for which reimbursement is or
will be requested, such as fuel receipts, registration confirmations, final hotel
invoices, etc. Copies of these documents must be turned in to the employee's
department head within five working days of the return from travel in order to qualify
for reimbursement.
(3) The Finance Department is responsible for distributing travel funds in compliance
with established policies and guidelines.
If the travel is out�ot�state, the City Manager is responsible lor e!LHer approving or
den ng the request in advance. After making a decision, the City Manager will return
the ravel Expense Report [cml]to the department.
M W1 4
t� rcycl Illu" I cou U1 U1 �Q �J" r
utside the City, All travel requests must be approved by the department director or designee
)rior to its occurrence, Any employee traveling on official City business shall communicate with
heir supervisor as to where they can be reached while out of the City, All travel requests must
)e submitted on forms provided for that purpose. Any travel out-of�state for City business
equires approval of the City Manager or designee prior to its occurrence.
conference, seminar, or meeting. The registration may also be paid with the City P�Card.
An original receipt must be furnished for reimbursement purposes. The City encourages
advance payment of fees to take advantage of any discounts available. However, any
recreation expenses included in the registration (i.e., golf, tennis, runs, etc.) will not be
reimbursed.
transportation that is most economical to the City considering cost and time consu ea.
Normally, when travel is required for City business a City vehicle, rental car, or personal car
may be used when such travel distances are within a 200 mile radius, Employees may be
required to use a City vehicle or a rental car if it is more economical than using a personal
vehicle. For travel beyond a 200 mile radius of the City, air transportation may be approved.
A p4 +; ;11 In i k"renri oofnilr%mcm
11� III For those ith a vehicle allowance in nlace reimburs
F r r�r
Hall.
2) When employees use their personal vehicles, all travel mileage will be paid at the most
recent corresponding GSA rate per mile plus any parking fees incurred by undertaking
the City business, Employees may not use a City P�Card to purchase fuel for their
personal vehicles. Fuel is included in the mileage rate.
(3) When City vehicles are used, all expenses incidental to the use of such vehicle
(parking, gasoline, oil, repairs, etc.) shall be reimbursed if a City P�Card is not used.
Receipts will be required.
(4) When air travel is permitted, employees will book their flight as far in advance as
9
the employee requires parking at the airport for 24 hours or less, the employee will
be reimbursed at the short term parking rates. If requiring parking for 24hours or
more, the reimbursement shall be at the long term parking rate. Original receipts will
be required for reimbursement.
5) Reimbursement will be made for the use of rental vehicles, taxi or bus fares, etc.,
A 1 4- k; I
hould be obtained prior to the trip whenever possible. Employees are expeCLeU LO
se the City's rental vehicle agreement negotiated by the City with Enterprise. The
ity account is TXM0048. Rental car reservations can be made at
ttps://www.enterprise.com/en/home.htmI. The employee shall sign and accept the
ability/collision insurance agreement on the contract.
Meals. A max un, ie U1 oul I K5" I III V
Services Administration (GSA) guidelines for the location of travel. Total allowance of
reimbursement includes a maximum of twenty percent (20%) for gratuity, Expenses for
alcoholic beverages are not reimbursable. Original receipts will be required for each meal
and the travel expense report should include the date, location, and amount for each meal.
The City Manager may approve an exception to the maximum reimbursement amount if the
meal is purchased in connection with the conference orevent.
reimbursement and with the approval of their department head, elect to request per
them allowance as follows:
unch $15
inner $25 (if travel concludes after 7 p.m.)
) receive the Per Diem Allowance. Reimbursement or Per Die ill not. be provided
r meals provided at conferences and included in the registration fees, except when
W
itations of an individual cannot be accommodated by the conference organizers
r when the exception is approved by the department head for business purposes.
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PUZIZ) t:71 a" U a U U UI au U"o � � �:J �J s
may be secured at facilities provided at the conference location or at facilities recommended
a h
by the conference sponsoring organization. Lodging should be a reasonable single
accommodation, Receipts for lodging must be provided to obtain reimbursement.
(1) Reimburse ent will not be made for Dersonal telephone calls, alcoholic beverages,
I
the travel, except as provided in subsection (f), below.
2) Employees will be allowed a reasonable amount for laundry and dry cleaning
reimbursement.
rtainment/Business Meals. The City recognizes that from time to time, it is necessary
representatives whenever it may be deemed in the best interest of the City. Such expenses
may be reimbursed at the discretion of the City Manager, Receipts will be required before
a
reimbursement can be made. Whenever practical, prior authorization should be obtained
from the City Manager.
g) Dependent Expenses, There is no objection to a spouse/family member accompanying an
k +k r�;+ ill M kn finnnf�iall
responsible for the spouse/family member of the employee. Any additional expenses
incurred such as travel, lodging, meals, or any other miscellaneous expenses will be the
sole responsibility of the employee. Employees may not allow family members, friends, or
other third parties to enter or ride in a City vehicle or a vehicle rented for the purpose of City -
related travel.
1 13.4 Travel Advances
Minimum, but sufficient cash advances may be drawn from the City treasury by employees
traveling on City business. All unused travel advances shall be returned immediately upon
return of the business trip. Failure to return unused funds will subject the employee to a payroll
deduction to credit the proper fund and disciplinary action, up to and including termination.
'113.5 Travel Expense Report Procedures
(a) Prior to Travel/Trip:
(1) A Travel Expense Report form shall be filled out for all overnight travel and for all
travel that takes an employee out of the Metroplex for City business.
(2) The employee will fill out all information pertinent to the request, indicating purpose
of travel, location, type of transportation, departure date, return date, estimated
expenditures and funds required in advance. The report shall then be forwarded to
the department head for approval. The department head will review the request and
sign off if the trip is approved. If the request is for out-of-state travel, it must be
approved by the City Manager prior to the time of travel.
(3) If the request is for out-of-state travel, the City Manager will note approval or
disapproval of the request. If the request is disapproved, it will be sent back to the
department head. If the request is approved, it will be forwarded to the Finance
Department for processing if an advance payment is requested.. Finance will then
return the approved form to the employee with the advance payment.
(b) During Travel/Trip: Follow policies for reimbursable expenses.
(1) If more than one employee attends the same trip/event, each employee is
responsible for completing his/her own expense report. In such instances where
employees dine together, a reasonable effort should be made to split the bill.
(2) If the bill cannot be split, then one designated employee should pay the full amount
and obtain a receipt for the entire amount and document the employees' names that
were present on the Travel Expense Report for reimbursement.
(c) Upon Completion of Travel/Trip:
(1) The employee will fill out all the pertinent expenditure information, indicating what
funds are due the City or what funds are due to the employee within ten working
days after returning from the trip. Failure to submit an expense report will subject the
employee to a payroll deduction for any funds advanced. All cash advances and
expenditure reports shall be submitted on forms provided for that purpose.
(2) All meeting/event expenses will be indicated on the expense form. All applicable
receipts must be included with the report, including registration and airfare.
(3) The employee will certify that the expenses are correct and will sign off on the report.
The report will be forwarded to their department head for approval.
(4) The department head will review the report, sign off and forward to the Finance
Department for processing and filing.
113.6 General Provisions
(a) Employees are expected to participate each day while attending any conference, seminar
or training session paid for by the City.
(b) Actions and behaviors of employees and representatives, while traveling on City business
at City expense, reflect on the City of Anna. Professionalism is expected of Anna employees
and representatives at all times during this type of travel. Any action that is inappropriate or
would give the appearance of being inappropriate should be avoided.
(c) All employees are expected to report any abuse and/or misuse of travel and training funds
to appropriate management.
(d) When travel plans are cancelled, the employee shall promptly notify the Finance
Department. If the trip is cancelled due to employee illness, a conflict with City business,
the City will be responsible for any fees that result from the cancellation. If the trip is
cancelled for personal reasons, the employee shall reimburse the City for any fees charged
as a result of the cancellation. Any exception to this rule must be approved by the City
Manager.
(e) Exceptions to these Travel Policies are made only in exceptional circumstances and only in
those cases where the best interests of the City are clearly manifested. The City Manager
shall determine whether or not to approve such exceptions.
(f) Employees may not allow family members, friends, or other third parties to enter or ride in
a City vehicle or a vehicle rented for the purpose of City -related travel; provided, however,
that an employee may allow family members, friends, or other third parties to enter or ride
in the employee's personal vehicle or rental vehicle if the employee chooses to personally
rent the vehicle (or chooses to drive their personal vehicle), in which case the City shall not
provide any vehicle -related reimbursement except for mileage reimbursement and parking.
Page � 120
City of Anna
Personnel Policy Manual
Section 114, E ui mentNehicle Policy
114.1 Purpose of EquipmentNehicle Policy
The purpose of these equipment/vehicle policies is to provide for the safe and effective
utilization of the City vehicle fleet through rules, regulations and procedures. Employees using
City vehicles in the performance of their job duties, or who use private vehicles in the
performance of City business, must comply with all federal, state, and local laws regarding
vehicle use, operator licensure, and appropriate maintenance of the motor vehicles used for
said purposes. Each employee will be held responsible for the proper use, care and operation of
a vehicle or piece of equipment assigned to him/her. Abuse of equipment and vehicles
constitutes grounds for disciplinary action, up to and including termination.
114.2 Applicability
These policies shall apply to all City -owned equipment and vehicles and all persons assigned
the equipment and vehicle, inclusive of operators and passengers. These policies shall also
apply to City employees who drive privately owned vehicles while conducting City business.
114.3 Use of City Vehicles
All City equipment and vehicles are intended for official City business uses only. The City
Manager may extend said use according to need and circumstances to another public agency
or for uses beneficial to the general public; provided, however, that such extensions (unless in
case of emergency or public calamity) must be specified in a written agreement in order to be
valid. Use of City equipment and vehicles is limited to the Collin County area unless otherwise
approved by the City Manager or a department head. The City Manager will issue any
exceptions to this policy to the affected employees in writing.
114.4 City Driving Qualifications
(a) Generally. No employee or agent of the City may operate any City vehicle unless they meet
all of the qualifications listed in this section. No employee or agent of the City may operate
a privately owned motor vehicle in pursuance of City business unless they meet all of the
applicable qualifications of this section.
(b) Driver's License Mandatory.
(1) If an employee's position requires the operation of a motor vehicle on public roads
while conducting City business, the employee must maintain the appropriate or
required, valid State of Texas Driver's License and must meet City standards for
driving records.
(2) No employee shall be qualified to drive on City business if he/she does not have a
current, valid driver's license (including any necessary endorsements or additional
licensing requirements for the position) from applicant/employee's state of
Page � 121
3sidence. All employees must supply their department head or supervisor RH a
opy of a current, valid driver's license prior to operating any City vehicle or motor�
riven equipment.
0) INJO Lemporary or provisional co em c c, i ve, s ceno4z; vv
9
service order may be in effect for any CDL driver. Upon moving to the State of Texas,
drivers must obtain a valid Texas Driver's License within 30 days.
I J 1� I I
Commercial Driver's license while driving a City vehicle or privately owned vehicle
being used for City business as required by state law, including whenever driving a
vehicle:
10,000 lbs. when the gross combination weight rating is more than 26,000 lbs.;
License, employees must possess and carry a current and valid operators license
issued by the State of Texas. Employees will present their motor vehicle operator's
license to any authorized person upon request.
11 +; r;f xinkinliac onfi fhncin
employees driving their o n veHicies on 1,.Ry 1JUSIM5,30 U I 110 C1 H Ct OCI I V "�J
It safe driving record I) will be defined as:
/IN Nln mnrri fhnn three moving violations or motor vehicle accidents, in any
U�111 I
Klr) conviction of drivinn/boatinn/fivina while intoxicated (DWI/BWl/FWl), driving
31 No felonv conviction of failure to stop and render aid, failure to leave identification at
or any other felony involving use of a motor vehicle.
)rting Requirements. Each employee who drives on City business shall report to his/her
which might potentially disqualify the employee from driving on City business, such as
citations for moving violations or motor vehicle crashes. Any failure to report a Driving
Event(s) to the direct supervisor within 24 hours will subject the employee to
disciplinary or corrective action, up to and including termination, At a minimum, any
employee who drives on City business shall report all of the following events ("Driving
Events"):
(1) Moving violation conviction(s);
(2) A conviction for DWI/DUI or flying/boating while intoxicated (or entering a deferred
adjudication program for DWI/DUI);
(3) Any cancellation, revocation, or expiration of the employee's driver's license without
immediate renewal or reinstatement;
(4) Any suspension of a driver's license, any temporary suspension, or out -of -service
order of a Commercial Driver's License, occurring for any reason. This includes, but
is not limited to: suspensions for nonpayment of child support; habitual violations;
revocations for medical reasons, criminal mischief, fraud, or drug offenses; "serious"
traffic violations, or as set forth in Texas Transportation Code Chapter521;
(5) Felony conviction, including but not limited to intoxication assault or intoxication
manslaughter, etc., involving the use of a motorvehicle;
(6) A suspension, cancellation, revocation, or expiration of the employee's personal
liability insurance on his/her privately -owned vehicle used for City business (or non -
owned rider coverage); or
(7) Arrest, citation, or indictment for any offense related to public intoxication (PI), driving
while intoxicated (DWI), or similar offense involving alcohol or any other drug or
substance, whether or not the events forming the basis of the charge or investigation
occurred while the employee was on -duty.
(e) Driving Record. Employee driving records will be checked at random periodically to ensure
that no persons with unsafe driving records are operating City vehicles or driving on City
business. A copy of the driving record of all employees with driving responsibilities who do
not meet the safe driving requirement will be submitted to their department head for review.
Action to be taken in each case will be recommended by the department head, to the City
Manager for final approval. Upon request, an employee shall provide their department head
with a signed and completed form of release that will allow the City to obtain the employee's
official driving record.
(f) Employees who fail to meet the safe driving requirements may be required to submit to one
or more of the consequences below, at the discretion of the City Manager:
(1) Required to attend a defensive driving class on their own time and at their own
expense;
(2) Assigned non -driving responsibilities within their current department, if available;
(3) Transferred to another department and assigned non -driving responsibilities, if
available;
(4) Assessed another type of remedial action as determined by the City Manager to be
appropriate in that specific case; or
(5) Dismissed from employment, if none of the above alternatives can be achieved
within a reasonable period of time. A "reasonable period" will be defined as generally
Page � 123
ot to exceed 30 calendar days Tro the date an employee is n0l.11ied ol "IS/Her
ilure to meet the safe driving requirements.
Prool ol Financial Responsibility. tAHY t;l I 1P UY;5;5 I V H�J (3 P1 VC1 U VU U U U" Y UQ
is individually responsible for maintaining liability insurance. Employees who operate their
privately owned vehicles on City business shall carry proof of financial responsibility (such
as a current insurance card for an amount of liability insurance equal to or exceeding the
d a
minimum coverage required by state law) at all times the vehicle is in operation, and must
present evidence of current insurance coverage upon request to any authorized person.
9
a defensive driver training course. Consideration should also be given to other employees
who are regularly using privately owned vehicles as part of their essential job functions. The
defensive driving requirements are as follows:
advance by the employees' department head. New employees shall take the course
at the first available course date after the commencement of employment.
change positions or assignments to include driving a City�owned vehicle�are
similarly required to complete a defensive driver training course approved in
advance by the employees' department head. These employees shall take the
course at the first course date as determined by their department head.
required to repeat such training at least once every Wee years.
I;T; 4;
4 All In nne
I I 1U %Jl� I V�H "U11i N
2) Employees must also consistently ODerate any City vehicle or Drivatelv�owned
City� This includes courtesy to other drivers, appropriate distancing when parking
any City vehicle, and heightened caution in the presence of pedestrians.
Operation and Ridership
(a) Except for maintenance, service and
Due to the nature of certain employees being required to be on call and take a vehicle home,
the City Manager may exercise limited discretion in situations wherein the ridership policy
might cause transportation difficulties to an employee required to be on standby and use a
City vehicle,
b) Employees should organize vehicle use to avoid unnecessary trips and minimize vehicle
vehicles as is practical under the circumstances.
c) Employees shall be personally hable Tor any citations or penalties accompanying vioiaL!ons
of this provision. Tolls and parking fees (but not fines, penalties, costs, or citations) may be
reimbursed upon presentation of appropriate documentation to the Director of Human
Resources or department head. In some instances, due to frequent toll use, some vehicles
may be outfitted with a City�purchased and owned toll tag, Toll tags are to be assigned to a
specific vehicle and are the responsibility of the department head to monitor and ensure that
toll tags are maintained and used only for City business.
violations or other fines received while on duty orwhen operating a City vehicles or privately�
owned vehicle on City business. Even if properly paid by the employee, such violations may
be used to determine whether an employee may continue to drive motor vehicles on City
business.
department head or City Manager. No employee shall be allowed to use a privately owned
vehicle without first providing proof of adequate insurance coverage and a valid driver's
license issued by the State of Texas.
inspection stickers and have a current, valid, Texas license plate attached to the Tront and
rear of the vehicle. Employees are responsible for the expense of maintaining these items
and shall take all steps to ensure legal operation of the vehicle during their off�work hours.
M
mainLenance supplies provided UY LHU k�!Ly. " Y t5 Y V ;311 1P UYVU0 k�O" U 1 V5 1 11 U1 OU I
mileage driven in support of City business. No mileage reimbursements will be possible
without properly documented mileage and advance authorization of mileage
reimbursement.
W Generally Supervisors shall not allo anv dri
cause a violation of this motor vehicle use policy.
b) Safety. All operators and passengers will be individually accountable for abiding with all laws
(1) No one is allowed to operate a City vehicle or piece of equipment while under the
or physical faculties, including but not limited to judgment, reflexes, and senses..
2) No person with corrective lenses, devices, or appliances shall be allowed to operate
3) No City employees may operate or place in motion any motor vehicle on City
restraints, such as seat Deits and SHOUIder Harnesses, in Lhe anner prescribed by
tate law, All City employees riding in a motor vehicle while on Gity business Wall
se all available safety restraints. Failure to appropriately use safety devices while
perating or occupying a motor vehicle on City business may be the basis for
isciplinary action, up to and including termination,
INU I I lu Ul Vt5 U u u0c; 1 P�:5 I I I lu"� Y V
obstructed by broken or cracked glass, dirt, frost, ice, dew, or other condensation on
windows or mirrors. Employees are required to remove any impediments to clear
6 a
view prior to putting any vehicle in motion.
J
it has a door that must be secured by means other than the appropriate standard
latching mechanism.
to obtain assistance rather than try to operate a vehicle or piece of equipment.
any motor vehicle in support of City business. Caution must be exercised with the
use of communication radios and/or cellular phones while operating a vehicle. Every
effort should be made to minimize the use of these devices while driving. Use of
cellular phones or other wireless communication devices in a "hands4ree" mode is
permitted unless a department policy mandates otherwise. Reading or sending text
messages while driving is strictly prohibited. Fire and law enforcement officers are
permitted to use electronic devices while driving if the usage is within the course and
scope of an official emergency response or communication, in circumstances where
the device is essential for the nature of the emergency response and no other
employee is available to utilize the device, so long as such use does not unduly
endanger any persons or property.
1\1() ersonal or Citv�issued cell phones (includino textina) two�wav communication
Y J
shall be worn or operated while driving, with the exception of those devices utilized
by the Police Department and/or Fire Department in the execution of their job
functions as necessary to communicate through dispatch services and respond to
emergency situations. In the event an employee is found to be using one of these
devices while driving a City vehicle, that employee is subject to disciplinary action,
up to and including termination.
10) Any City employee operating a City vehicle shall avoid any behavior which
accelerates wear and tear of that vehicle or its components. Forbidden behaviors
include, but are not limited to: excessively racing a cold engine; riding a clutch;
continuing to operate a City vehicle/item of equipment when instruments or warning
lights indicate a malfunction or deficit of operating liquids (e.g., "Low Oil" light);
continuing to operate a City vehicle that is producing unusual noises or is difficultto
control; overloading any City vehicle or item of equipment or using it for purposes
other than those for which it was designed; and introducing incorrect fuel (such as
diesel rather than gasoline) or incorporating any foreign substance (such as water
into the oil system) into a City vehicle or equipment.
(11) Operators of City vehicles shall insure that all loads are secured in accordance
with the rules of the road, that the vehicle load will safely pass under all obstructions
(suspended lines, under/overpasses) on the planned route of travel, and that all
passengers can be safely and lawfully transported before setting the vehicle in
motion.
(12) City vehicles shall not be used to push or tow any other vehicle unless properly
equipped for such purpose.
(13) City vehicles should not be left unlocked, except in extreme emergencies. Under
no circumstances should keys be left with unattended vehicles.
(14) Any employee who is using prescription or non-prescription medication. or
substances having side effect(s) that may hinder or impair safe driving shall not drive
on City business. In the event an employee is found to be using these substances
while driving a City vehicle, that employee is subject to disciplinary action, up to and
including termination.
(15) Employees shall not drive a City vehicle or a privately -owned vehicle on City
business while under the influence of alcohol or any controlled substance. In the
event an employee is found to be under the influence of alcohol or any controlled
substance while driving a City vehicle, that employee is subject to disciplinary action,
up to and including termination.
(c) Maintenance and Care. Periodic inventory of equipment and vehicles will be taken at the
discretion of the City Manager or other functional manager. All damaged, broken, or lost
equipment will be repaired, replaced, or removed from service.
(1) Those personnel assigned use of a vehicle or piece of equipment will be responsible
for the maintenance and care of said vehicle/equipment.
(2) Damage arising from misuse or neglect attributable to operator negligence is subject
to review by the City Manager and subsequent repair at the expense of employee
held responsible for same.
(3) No one shall operate a City vehicle or piece of equipment that is unsafe. All
employees shall report any unsafe condition, maintenance warning, or other
disrepair immediately to the appropriate supervisor. If a City vehicle becomes
disabled, malfunctions, or is believed to possess any characteristic presenting a
safety risk in the opinion of a reasonably prudent motor vehicle operator, all
employees are required to report the disrepair or unsafe condition to the appropriate
supervisor immediately. In the event a City vehicle can still be operated safely
without harm or undue risk to the vehicle, its passengers, or others, the Cityvehicle
may be driven to a repair facility. If it is uncertain whether or not a City vehicle is safe
for driving, the department head responsible for the vehicle shall make
arrangements for the vehicle to be towed to a repair facility.
Page � 127
(4) Employees shall not make any modifications to City vehicles or City vehicle mounted
equipment without prior written authorization from the appropriate department official
responsible for the maintenance of that vehicle or piece of equipment.
(5) Employees who drive City vehicles shall keep the interior clean and free of trash and
other debris.
(6) No employee shall cause or allow the engine of a City vehicle within his or her
custody or control to idle for more than five consecutive minutes in a one -hour period
when the City vehicle is not in motion or when that engine is not being used for its
primary function. No employee shall switch the City vehicle engine off and back on
in a manner that would serve to comply with the five-minute limitation, but defeat the
intent of this restriction, which is to reduce emissions, fuel consumption, and
vehicular wear caused by engine idling. Exceptions to this rule include:
(i) City vehicles prohibited from movement due to traffic conditions over which the
operator has no control;
(ii) City vehicles being used in an emergency or law enforcement capacity;
(iii) City vehicles being used as a primary power source for another device, such
as a power take -off unit;
(iv) City vehicles being operated for maintenance and diagnostic purposes;
(v) City vehicles being used in transit operations, in which case the engine may
be allowed to idle for up to 30 minutes; or
(vi) City vehicles idling to protect employee health or safety.
114.8 Vehicle Logs
It will be the responsibility of each operator of a City vehicle or piece of equipment to properly fill
out any paperwork associated with the use, mileage, gas/lubricant applications, maintenance or
any other documentation, which may be required from time to time. It is ultimately the department
head's responsibility to ensure that required reports associated with City vehicles in use by their
department are completed and properly filed.
114.9 Take Home Vehicle Policy
(a) Under limited circumstances, employees of the City may be permitted to drive a City vehicle
to be kept off of City premises in "home storage." Employees may be authorized to drive a
City vehicle home under the following conditions:
(1) Employee is on 24 hour call.
(2) Department heads, supervisors, or other employees that are subject to emergency
call-back after regular work hours.
(3) Employees that conduct City business on a frequent basis before and after normal
working hours.
(a) Any employee allowed to take home a City owned vehicle must:
(1) receive permission form his or her department head and the City Manager, in
writing, stipulating the conditions and privileges.
(2) keep the vehicle at their home or at apre-designated area;
(3) use the vehicle for City business use only. Personal or private use of a City owned
take-home vehicle is prohibited.
(4) park the vehicle off the street; and
(5) only allow City employees to ride in the City vehicle without explicitauthorization.
(b) Use of a City owned vehicle as a take-home vehicle is a discretionary privilege that can be
withdrawn by the City Manager for any reason.
114.10 Traffic Citations and Accidents
(a) Generally. Supervisors receiving a report of a Driving Event, or any employee condition
related to driving safety, shall promptly investigate the surrounding circumstances, prepare
a written report, and forward it report to the department head within 48 hours. The supervisor
shall require the employee to present all court documents and motor vehicle record reports
necessary for the department to evaluate whether a potentially disqualifying Driving Event
has occurred.
(b) Traffic Citations. If an employee receives a traffic citation for a moving violation committed
while operating a City -owned vehicle or while driving their personal vehicle on City business,
the employee will be expected to pay any resulting fine at their own expense. Repeated
traffic violations or misuse of City vehicles or equipment may result in disciplinary action, up
to and including termination.
(c) Accidents in City -Owned Vehicles. If an employee is involved in an accident while driving
a City vehicle, that individual will be required to follow the specific accident reporting
procedure outlined by the department. In general, for all departments, the employee should:
(1) Call 911 for immediate assistance.
(2) Call the Police Department immediately. Do not move the vehicle in the event of an
injury accident until directed by a police officer.
(3) Obey all state laws regarding rendering assistance to any injured persons, providing
required information, and cooperating with law enforcement investigation of the
accident.
(4) Provide their name and department to the other driver without discussing the
accident with anyone except the investigating officer or theirsupervisor.
(5) Call the supervisor who will then be responsible to file the required accident form.
Forms are available in the department or from Human Resources. An accident report
Page (129
shall be filed in all instances involving City vehicles and equipment, regardless of the
amount of the damage or location of the accident.
(6) Report to one of our drug and alcohol testing sites immediately. A supervisor or other
member of City administration must provide transport unless otherwise directed by
the City Manager. Exceptions can only be made by the City Manager or his or her
designee.
(7) Failure to report any accident or vehicle damage immediately may result in
disciplinary action including termination.
(d) Employees who are involved in any arrest, citation, indictment, investigation, collision, or
other incident in which the employee's use of alcohol, over-the-counter drugs, prescription
medications, or some other drug or controlled substance is alleged to be a factor are
expressly forbidden from operating any motor vehicle on City business pending re-
authorization by the City. This includes, but is not limited to, arrests or citations for DWI/PI
which have not yet reached a final adjudication.
(e) The City Manager and department head shall review all reports of Driving Events and
determine whether the employee can be permitted to drive on City business. An employee
whose essential job functions including driving on City business may be subject to
termination if suspended from driving City vehicles for any period.
114.11 Authority of City Manager to Control Use
The City Manager has the authority to impose additional qualifications and restrictions on the
operation and use of City vehicles, if such restrictions contribute to the safety of the general public
and City employees, or if they serve to improve the functional operations of any City department
without compromising the safety of any person.
Page � 130
City of Anna
Personnel Policy Manual
Section 115. Substance Abuse Poli
115.1 Purpose
It is the policy of the City to maintain a work environment free from the use, possession and
effect of controlled substances and alcoholic beverages. The City recognizes that drugs and
alcohol impair employee judgment, which may result in increased safety risks, hazards to the
public, employee injuries, faulty decision -making, and reduced productivity. Therefore, the City
expects all employees to be in a state of mind and physical condition fit to complete their
assigned duties safely and competently during work hours.
115.2 General Policy
(a} Being under the influence of alcohol or controlled substance on City property is prohibited,
regardless of whether or not the employee is currently on duty. The unauthorized use or
possession of prescription drugs or excessive or improper use of over-the-counter drugs on
City property is prohibited.
(b) Employees who violate this policy are subject to appropriate disciplinary action, including
termination.
(c} This policy applies to all employees of the City, regardless of rank or position, and includes
temporary and part time employees.
115.3 Violations
(a} The sale or unlawful manufacture, possession, distribution, and/or use of controlled
substances or alcoholic beverages by an employee while on duty or during lunch and/or
other breaks or at any time while the employee is on a City work site or on duty, is absolutely
prohibited and constitutes cause for discipline, up to and including termination, in
accordance with these personnel regulations. The appropriate law enforcement agency will
be notified of any such sale, distribution, and/or use of illegal substance by employees. Any
employee who is arrested for a drug -related crime under a state or federal criminal drug
statute for violations occurring on or off duty must report their arrest to their supervisor within
three days.
(b) The City retains the right to perform drug tests of its employees at any time when appropriate
under these regulations and at a testing facility of its choosing. Failure to comply with
instructions to report and submit to a drug test as authorized under these policies will be
considered insubordination and may constitute grounds for disciplinary action up to and
including termination.
115.4 Surveillance, Searches, and Testing
(a} Generally. By accepting an offer of employment, all employees of the City consent to the
video surveillance described below, at any time the City may choose, and also release the
Page � 131
ity from all liability, including HaDility Tor negligence, associaLed RH LHe enlorce enL 01 LHe
olicies and procedures in this Manual and/or any searches or surveillance or testing
ndertaken pursuant to this section. This consent to surveillance and searches and
ccompanying release of liability does not create, modify, or otherwise affect the employee.
t�will status of any City employee, and should not be interpreted to constitute any guarantee
r promise of employment. Failure to adhere to this section and any related policies or
rocedures may subject an employee to disciplinary action, up to and including termination
ithout warning.
0 1
security of its facilities, the City may conduct video surveillance of any portion of its premises
at any time, the only exception being private areas of restrooms, showers, and dressing
rooms, The City may position video cameras in appropriate places within and around City
buildings to monitor activity and promote the safety and security of people and property. All
desks, storage areas, lockers, and all vehicles owned, financed, or leased by the City or
used by the City to transport employees, goods, and/or products are subject to monitoring
and search at any time without the employee's knowledge, presence, orpermission.
concerning the safety of employees, security of the City and individual property,
drugs and alcohol, and possession of other prohibited items. "Prohibited items"
includes: illegal drugs, alcoholic beverages, prescription drugs or medications not
used or possessed in compliance with a current valid prescription; unauthorized
weapons; any items of an obscene, harassing, demeaning, or violent nature; and
any property in the possession or control of an employee who does not have
authorization from the owner of the property to possess or control the property.
"Control" means knowing where a particular item is, having placed an item where it
is currently located, or having any influence over its continued placement. The City
may search employees, their work areas, lockers, personal vehicles (if driven or
parked on City property), and other personal items such as bags, purses, briefcases,
backpacks, lunch boxes, and other containers, and such searches shall be
conducted in accordance with these policies. In requesting a search, the City makes
no accusation of theft, some other crime, or any other variety of improper conduct.
2) There is no neneral or specific expectation of nrivacy in the workplace of the City,
that what they do while on duty or on City premises is not private. All employees and
all of the areas listed above are subject to search at any time; if an employee uses
a locker or other storage area at work, including a locking desk drawer or locking
cabinet, the City will either furnish the lock and keep a copy of the key or
combination, or else allow the employee to furnish a personal lock, but the employee
must give the City a copy of the key or combination, The areas in question may be
searched at any time, with or without the employee being present. As a general rule,
with the exception of items relating to personal hygiene or health, no employee
should ever bring anything to work or store anything at work that he or she would
not be prepared to show and possibly turn over to City officials and/or law
enforcement authorities.
3) The City may conduct unannounced searCHes or inspeCLIons ol UILY�owned prope, Ly
where there is reasonable suspicion of criminal activity or the presence of alcohol or
controlled substances. These searches may include, but are not limited to, lockers,
offices, tool chests, and desks located on City property, work sites and City�owned
vehicles, Where an employee may be able to limit access to a City�owned container
(such as a locker securable by a padlock), the City may either request that the
employee remove any locks to allow a search or physically remove the locks without
prior notice to the employee. The City will not reimburse any expenses associated
with removal of a security device to allow a search of City premises.
reasonable suspicion of criminal activity or the presence of alcohol or controlled
substances. In conducting such searches or seizures, the City will coordinate with
the Police Department and/or the City Attorney's office before conducting a search
or seizure, except when exigent circumstances are present. All employees of the
City are subject to this policy, However, any given search may be restricted to one
or more specific individuals, depending on the situation, "Reasonable suspicion"
means circumstances suggesting to a reasonable person that there is a possibility
that one or more individuals may be in possession of a prohibited item as defined
above, Any search performed under this policy will be done in a manner protecting
the employees' privacy, confidentiality, and personal dignity to the greatest extent
possible.
circumstances require same. However, an e ployee no refuses LO SUU R Lo a
search request from the City will face disciplinary action, up to and possibly including
immediate termination of employment,
M � IN
Z)Usz)p U U" C1 a" vi I 1P UYcriz-01 ct vv�i �1 F ZI 7
of alcohol or a controlled substance, or is abusing alcohol or a controlled substance
and appears to be impaired or unfit for duty, the employee will be required to submit
to a drug4cohol test. Reasonable suspicion is a belief based on objective facts
sufficient to lead a reasonable prudent person to suspect that an employee is under
the influence of drugs or alcohol such that the employee's ability to perform the
functions of the job is impaired or reduced. Observations which constitute a factual
basis for determining reasonable suspicion may include, but are not limited to: odor
of alcoholic beverage, erratic behavior, violent mood swings, excessive absenteeism
including tardiness, a medical emergency that can be attributed to drug use, physical
on-theJob evidence of drug use, documented deterioration in the employee's job
performance, or an accident which is caused by the apparent action or inaction of
the employee.
2) The immediate supervisor or department head or Human Resources will submit
the circumstances leading to the conclusion that a drug test is necessary. buch
documentation will include the date, time, place, description of incident, and
statements of witnesses. Any other evidence such as drugs, drug paraphernalia and
containers will be collected. After documenting the incident, the department head
will contact Human Resources and the City Manager to determine if drug testing is
appropriate and to arrange for testing. If drug testing is appropriate, the immediate
supervisor or department head will transport the employee to the drug specimen
collection facility. The drug/alcohol tests may utilize urine, blood, hair follicle, or other
type of sample as medically appropriate and feasible under the circumstances. After
testing, the employee will be transported home by their immediate supervisor, a
relative or their emergency contact of record and instructed not to report to work until
the results of the test are known.
(3) Failure to comply with requested drug testing will subject the employee to
disciplinary action, which may include termination.
115.5 Preventive Acts
(a) Employees taking drugs prescribed by an attending physician must advise their immediate
supervisor in writing of the possible effects of such medication regarding their job
performance and physical/mental capabilities. This written information must be kept
confidential and communicated to the immediate supervisor prior to the employee
commencing work. All prescription drugs must be kept in their original container.
(b) Supervisors should reasonably accommodate any temporary or permanent limitations
caused by an employee's medications. Extreme caution should be used in all assignments
of medicated employees involving operation or supervision of motor vehicles or heavy
equipment, and any doubt should be resolved in postponing any such operation or
supervision until it is certain that the employee can safely do so.
115.E Work Related Accident
Any employee involved in a work related accident shall be subject to urine, breath, blood and/or
hair follicle testing for drug or alcohol use or abuse. In the context of this subsection, "involved"
includes all rational connections to the accident, and may call for drug testing of an employee
who was injured due to the apparent fault of another person.
Page � 134
City of Anna
Personnel Policy Manual
Section 116. Reservation of
116.1 Reservation of Rights
(a) The City reserves the right (with or without notice) to interpret, change, suspend, cancel or
dispute all or any part of this policy, or the procedures or benefits discussed herein. Where
practicable, employees will be notified before implementation of anychange.
(b) Although adherence to this entire Manual is considered a condition of continued
employment, nothing in this Manual alters an employee's status and shall not constitute nor
be deemed a contract or promise of employment. Employees remain free to resign their
employment at any time for any or no reason, without notice and the City retains the right to
terminate any employee at any time, for any or no reason, without notice.
(c) In the event of a typographical or scrivener's error in this Manual as to any number, letter,
word, sentence, phrase or other content, which if implemented literally would have the effect
of proving any unintended benefit or degree of benefit, the City Manager shall have full
discretion to implement the provision(s) where such errors appear as if the provision(s) had
been stated without the error and with the correct content. Any employee who notices a
typographical or scrivener's error in this Manual or any amendment to this Manual shall
promptly report same to the employee's supervisor or department head.
116.2 Other Laws and Regulations
This Manual is not intended to fully describe or explain all of an employee's potential rights or
duties. The provisions of this policy shall apply in addition to, and shall be subordinated to, any
requirements imposed by applicable federal, state, or local laws, regulations or judicial
decisions. Employees who desire further information should independently investigate the
governing law and contact an attorney to evaluate their position. Unenforceable provisions of
this policy shall be deemed to be deleted without invaliding any other parts of this Manual.
Page � 135
Exhibit 1
107.5 Medical Certification
(a) Any employee requesting family medical leave for a serious health condition of the
employee or of an eligible family member shall provide a completed Certification of Health
Care Provider for Employee's Serious Health Condition or a completed Certification of
Health Care Provider for Family Member's Serious Health Condition (refer to Appendix A-7
or Appendix A-7.1, as applicable). Employees have at least 15 calendar days of the
request for FMLA leave, but not more than 20 calendar days to obtain and submit to the
Human Resource Administrator the required medical certification. The certification form
must be completed by the patient's health care provider(s) and must contain at least the
following:
(1) Date condition began;
Probably duration of condition;
(2) Appropriate medical facts about the condition; and
(3) Statement that the employee is needed to care for the ill family member or, in the
case of their own illness, is unable to perform their job.
(4)
Use of Paid Leave
107.07
(b) Accrued sick leave, vacation leave, or other accrued paid leave must be used concurrently
with unpaid leave under the FMLA (administrative leave without pay); provided, however,
that sick leave shall not be used concurrently with unpaid leave under FMLA in any
situation where sick leave is not authorized by the City's personnel policies including
without limitati n Section 106.03(b) or when an employee fails to provide the proof and/or
certificate that may be required under Section 106.03(i). If the City substitutes paid leave
for unpaid FMLA leave, it may be counted against the 12-week FMLA entitlement if the
employee is notified of the designation when the substitution begins.
(c) In the case of family and medical leave, the Department Head shall send notification to the
employeeI with a copy to the Human Resources Administrator designating the time off as
leave under the FMLA.
105.04
Exhibit
Overtime and Comte^�-
Holiday leave ands:
overtime calcu'<'
ua�afier�--le-
workers'
/ l
comp;/
caIrl
Maximum��'�
Annual Vacation
Accrual
he Carty Manager mat
prospective employee.
Weeks nc�
of an offer
for�urt:f of
ozick leave,
leave,
qnd
01
'r
RCSOLUTION �0� `I -OrI ' �J�-I PAGE 2 OF 2
Appendix A -I
Personnel Policy Manual
Acknowledgement Form
Property of the City of Anna
TO BE SIGNED &RETURNED PRIOR TO START OF CITY EMPLOYMENT
(Employees are not eligible for compensation, leave, or benefits until this document has been
signed and included in that employee's personnel file.)
I, ,acknowledge receipt of a full
copy of the City of Anna Personnel Policy Manual (this "Manual") and that I have read
and understood its contents. Like all other employees of the City covered under this
Manual, I am responsible for knowing its contents and keeping it updated. I also
understand that this Manual is City property that must be returned to the Human
Resources Administrator when I leave this organization. I understand and acknowledge
that the City of Anna may change or modify the policies and procedures in this
handbook at any time, with or without prior notice. I understand that violating the
policies and rules set out in this handbook may lead to disciplinary action up to and
including termination.
I further understand that this Manual does not create a contract for employment with the
City of Anna or in any way modify, limit, or alter the "at -will" nature of the undersigned's
employment with the City of Anna.
Issued to:
Signed:
Date received:
A copy of this signed page shall be placed in the employee's personnel file.
Appendix A-J
CONSIDERATION FOR PROMOTION/TRANSFER REQUEST
Naive SSN (last 4 digits)
I request to be considered for apromotion/transfer (circle one) from my present job position,
(Position Title and Department)
to the job position of:
(Position Title and Department)
Yeats Employed with the City: Years in CuiTent Position:
Reason for Promotion/Transfer:
Applicant's Signature Date
Current Department Head
Approval/Denial (circle one)
DATE
Appendix A-3
Receiving Department Head
Approval/Denial (circle one)
APPROVED/DENIED BY
DATE
City Manager
Approval/Denial (circle one)
APPROVED/DENIED BY
DATE
• .. . .. • 1 . 1 .. . • .
Job Code/Position
No.
Title
Pay Group
Cost Ctr
Department Name
Hrly Salary
Grade
Status
Regular
Temporary
Part-time
Full-time
Date of Pay Decrease:
From: Hrly Salary Grade
Pay Decrease:
I M .. a 1 I
Job Code/Position No.
Title
Pay Group
Cost Ctr
Department Name
Hrly. Salary
Grade
Status
Regular
Temporary
Part-time
Full-time
Title
To: Hrly Salary Grade
Performance Award (Lump Sum) $
1
.n,S m^f�Qn
OtheF (specify)
Current Department HP-
Approval/Denial (r'
Appendix A-4
Appendix A-5
DISCRIMINATION/HARASSMENT/SEXUAL HARASSMENT
COMPLAINT FORM
Tfiis form may be frlled--out by the complainant or persor: receiving the complain
Date of Complaint:
Name of Person Completing this Form:
Phone Number: Title:
Complainant Iraforrnatiora
Name:
Direct Supervisor:
Work Address:
Title:
Department:
Work Phone:
Home Address: Home Phone:
Type of Complaint: (check the types) of discrimination/harassment that relates to this
complaint)
Sexual Harassment Sex Discrimination Racial Discrimination
Age Discrimination Religious Discrimination National Origin Discrimination
Disability Discrimination Pregnancy Discrimination Color Discrimination
Sexual Orientation Gender Identity Genetic Information
Hostile Work Environment or Retaliation: (must be based on one or more of the protected
groups listed above, check if appropriate)
Hostile Work Environment
Retaliation
By initialing the below box you are acknowledging that you understand that every complaint of a
discrimination/harassment/sexual harassment nature will be investigated and that the accused
will be notified of the complaint.
Initials 0
Appendix A-5 Page 1 of 3
Appendix A-5
What or who do you believe was responsible for the alleged discrimination or harassment
incident(s)?
Accused Information
Name:
Title:
Relationship to Complainant: (i.e. supervisor, co-worker, subordinate, etc.)
Direct Supervisor:
Work Address:
Department:
Work Phone:
Describe the alleged harassment or discrimination incident(s). Please specify location(s), date(s),
and time(s) of each occurrence. Use as much detail as possible. Attach additional sheets, if
necessary.
Did you inform the alleged offenders) their behavior was unacceptable?
Yes F] No
If yes, please describe:
Appendix A-5 Page 2 of 3
Appendix A-O
Were there any witnesses to the alleged harassment or discrimination mcident(s) r
Yes
If yes, please provide the name(s), addresses) and phone'lumber(s):
Have you reported this incident to anyone else?
Yes
If yes, please provide the name(s), addresses) and phone number(s):
What remedy are you seeking?
Please attach any supporting documentation to tl:is for»i.
(complainant name) certify this statement is true and factual.
Com lainant's Si nature:
Date:
Printed Name: Phone Number:
Appendix A-5 Page 3 of 3
Name:
Social Security Number:
Date of Leave Commenced:
Appendix A-6
NOTICE OF INTENT TO RETURN
FROM FAMILY MEDICAL LEAVE
Department:
Date of Planned Return:
Date:
I understand that my restoration to employment is subject to the following conditions:
l . If leave was for a continuous block of time and my health care provider has released me
to return to work, I intend to return to work as scheduled.
Yes
No. If "no" is selected, I am stating I do not intend to return to work and I
am resigning my employment with the City of Anna.
2. I was advised, prior to the date of this Notice, that as a condition of my restoration to
employment, I would be required to provide a written certification from my health care
provider that I am able to resume working and can perform the essential functions of my
job. My health care provider has reviewed documents related to my job and their
certification is indicated below.
's Signature:
Health Cafe Provider Information:
Health Care Provider Name:
Date:
Certification Date:
I have examined the above referenced employee and compared the employee's condition to
the job duties and requirements for the position of
I hereby certify that he/she is fully able to resume working in that position.
Health Care Provider's Si nature:
Date:
Printed Name: Phone Number:
Appendix A-6 Page I of 1
Appendix A-7
CERTIFICATION OF HEALTH CARE PROVIDER
The Following iS to be Completed by the Attending Physician or Practitioner:
The information requested on this form relates only to the serious health condition for which the employee is
requesting leave under the Family and Medical Leave Act.
Employee's Name:
Patient's Name (if different from employee)
Employee's Department:
Patient's Relationship to Employee:
Do you believe the physical presence of the employee named above is necessary or beneficial in the care of the
patient?
❑ Yes ❑No If Yes, for how long?
Please check the applicable category of thepatient's qualifying conditions
❑ Hospital Care Admission to Hospital Date: Discharge Date:
❑ Acute Condition (Absence Plus Treatment)
❑ Birth of a Child Estimated Date of Delivery
❑ Request for Mother ❑ Request for Father
❑ Chronic/Permanent Expected frequency of absence: days per month
Lasting hours per absence
1. Length of time your patient has had/will have this condition from: through:
(keeping the employee from essential function of his/her job.)
2. Describe the regimen of treatment to be prescribed indicating the number of visits, general nature and duration of
treatment, including referral to other provider(s) of health services.
Include schedule of visits or treatment, if medically necessary for the employee to be off work on an intermittent
basis or to work less than the employee's normal schedule of hours per day or days per week.
Print or Type Name of Healthcare Provider
Signature of Healthcare Provider
Type of Practice
Street and Mailing Address
Telephone Number FAX Number
Physician Signature Date
Appendix A-7 Page 1 of 1
Appendix A-&
GAfuu I x WARNING
To be given to an employee by their employer during an employment investigation that requires
the employee to either provide information or be discharged for refusing to provide information.
If such a warning is given, the employee may object to the use of such information in a
subsequent criminal proceeding on the basis that a self -incriminating statement was made under
duress.
GARRITY WARNING
I wish to advise you that you are being questioned as part of an official investigation of your
employer. You will be asked questions specifically, directly and narrowly related to
performance of your official duties or fitness for office. You are entitled to all the rights and
privileges guaranteed by the law and the Constitution of the United States, including the right not
to be compelled to incriminate yourself. I ftu-ther wish to advise you that if you refuse to testify
or to answer questions relating to the performance of your official duties or fitness for duty, you
could be subject to discharge. If you do answer, neither your statement, nor any information or
evidence which is gained by reason of such statement, can be used against you in any subsequent
criminal proceedings. However, these statements may be used against you in relation to
subsequent discipline.
I, (employee name) agree to testify or to answer
questions relating to the performance of my official duties or fitness for duty.
Yes
No. If "no" is selected, I am stating I refuse to testify or to answer questions
relating to the performance of my official duties or fitness for duty and
I am resigning my employment with the City of Anna.
's
Date:
Printed Name:
Human Resource
Date:
Printed Name:
Appendix A-9 Page t of 1
Appendix A-10
Employee Name:
Job Title:
Department:
Date:
Performance in need of improvement (List the goals the employee will initiate to improve
work performance, as well as an action plan for how the employee will achieve each goal.
Include skill development and changes needed to meet wor•kperformance expectations):
Goals
1.
2.
3.
Targeted Date for Improvement:
Expected results (List rneasuremerats, where possible):
Projects are completed on time and within budget
Dates to review progress by the employee and supervisor:
Action Plan
Appendix A-10 Page I of 2
Appendix A-l0
Progress at review dates (Use additional sheets as necessary):
D Employee has achieved the required improvements) described above.
D Employee has not achieved the required improvements) described above.
Employee Signature: I Date:
Supervisor Signature: � Date:
Appendix A-10 Page 2 of 2
Appendix A-11
APPEAL OF DISCIPLINARY ACTION FORM
(To be completed by Cornplainarrt and returned to mars Resources)
Name:
Social Security Number:
Effective Date of Action:
Department:
Type of Action: (checl� the type of action that relates to this appeal)
Date:
Involuntary Transfer Dismissal Suspension Demotion
Were you serving a probationary or trial period at the time of the action you are appealing?
Yes
Employment status at the time of the action you are appealing?
Permanent � Seasonal � Temporary
Describe the action taken against you and why it was not reasonable, in your opinion. Attach
additional sheets, if necessary.
What remedy are you seeking?
Date:
Appendix A-11 Page 1 of 2
Appendix AA I
Outcome of Appeal to be recorded by Humarr Resources Departrrrerrt, below.
SUPERVISOR/DEPARTMENT HEAD DATE
HUMAN RESOURCES ADMINISTRATOR DATE
Appendix A-11 Page 2 of 2
Appendix A-12
FORMAL GRIEVANCE FORM
(To Be Completed By Complainant)
Date: (Date of Letter)
To: (Employee's Supervisor)
Supervisor's Position:
From: (Name of Employee)
Employee Position:
Department:
Nature of Grievance:
Date grievance reported to Supervisor:
Date to beresolved:
SIGNED:
COMPLAINANT
DATE
FIl2ST STEP -SUPERVISOR /DEPARTMENT HEAD:
Date of Meeting: Time: Place
Comments or Additional Information (Supervisor/Department Head):
SIGNED:
SUPERVISOR/DEPARTMENT HEAD DATE
Appendix A-12 Page I of 3
Appendix A-12
Outcome of Grievance (or reasons for failure to reach settlement) to be recorded by
Supervisor or Department Head, whichever is appropriate, below.
Accepted /Not accepted by Complainant:
SIGNED
COMPLAINANT
WITNESS
DATE
WITNESS DATE
SECOND STEP —CITY MANAGERLEVEL
Date of Meeting: Time: Place
Comments or Additional Information 04 Manager or his/her designee):
Outcome of Grievance (or reasons for failure to reach settlement) to be recorded by Mayor or
his/her designee, whichever is appropriate, below.
Accepted/Not accepted by Complainant:
Appendix A-12 Page 2 of 3
Appendix A-12
SIGNED:
COMPLAINANT
WITNESS
WITNESS
City Manager's Printed Name:
CITY MANAGER'S SIGNATURE
DATE
DATE
DATE
The content of this form is Private andConfidential
Appendix A-12
Page 3 of 3
Appendix A-13
EMPLOYEE REPRIMAND
(To be Completed by Employee's Supervisor or Department Head)1
To: (Name of Employee/Position)
From: (Narrte of Supervisor/Position)
Department:
Date(s)/time period(s) of employee's conduct resulting in reprimand:
Summary description of employee's conduct resulting in reprimand:
(continue on additional pages if necessary)
The conduct described above must not be repeated and further disciplinary action will result if the employee fails
to show and maintain satisfactory improvement. Summary description of expected conduct and behavior:
(continue on additional pages if necessary)
Date to be resolved by employee (insert date and/or circle one or more):
Date: immediately /all future times /all future similar situations
SIGNED:
SUPERVISOR or DEPARTMENT HEAD
DATE (Date of Reprimand)
I understand that my signature below does not necessarily mean that Lagree with this reprimand, but rather only that I was given
this reprimand. I also understand that if I were to refuse to sign this reprimand, I will be subject to further discipline up to and
potentially including tennination.
SIGNED:
EMPLOYEE
Employee's comments (optional)
(continue on additional pages if necessar)))
'Note: In certain circumstances, a reprimand maybe completed and signed by the City Manager.
eitilication ol nealL" Care Provider or S. Depar tment 01 Labor
Family Member's Serious Health Condition Wage and Hour Division MHO
Family and Medical Leave Act) U.S. Wage and Hour Division
ay require an employee seeking FMLA protections because of a need for leave to care for a covered family
member with a serious health condition to submit a medical certification issued by the health care provider of the
covered family member. Please complete Section I before giving this form to your employee. Your response is
voluntary. While you are not required to use this form, you may not ask the employee to provide more information
an allowed under the FMLA regulations, 29 C.F.R. §§ 825.306�825.308. Employers must generally maintain
records and documents relating to medical certifications, recertifications, or medical histories of employees' family
members, created for FMLA purposes as confidential medical records in separate files/records ftorri the usual
personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1), if the Americans with Disabilities Act applies,
and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.
member or his/her medical provider. The FMLA permits an employer to require that you submit a timely,
complete, and sufficient medical certification to support a request for FMLA leave to care for a covered family
member with a serious health condition. If requested by your employer, your response is required to obtain or
retain the benefit of FMLA protections, 29 U6SoC* §§ 2613, 2614(c)(3). Failure to provide a complete and
sufficient medical certification may result in a denial of your FMLA request. 29 C*F*R* § 825.313. Your employer
must give you at least 15 calendar days to return this form to your employer. 29 C.F.R. § 8256305.
VA11r na e:
VVn $1 1� V^4� h ^1� ^ ill r^xy;A� ��*
Relationship of family member to you:
if family member is your son or daughter, date of birth:
ribe care you will provide to your family member and estimate leave needed to provide care:
SECTION HI: For Completion by the HEALTH CARE PROVIDER
INSTRUCTIONS to the HEALTH CARE PROVIDER: The employee listed above has requested leave under
the FMLA to care for your patient. Answer, fully and completely, all applicable parts below. Several questions
seek a response as to the frequency or duration of a condition, treatment, etc. Your answer should be your best
estimate based upon your medical knowledge, experience, and examination of the patient. Be as specific as you
can; terms such as "lifetime," "unknown," or "indeterminate" may not be sufficient to determine FMLA
coverage. Limit your responses to the condition for which the patient needs leave. Do not provide information
about genetic tests, as defined in 29 C.F.R. § 1635.3(o, or genetic services, as defined in 29 C.F.R. § 1635.3(e).
Page 3 provides space for additional information, should you need it. Please be sure to sign the form on the last
page.
Provider's
Type
Telephone*.(
1.
name
of
Approximate
Probable duration of condition:
and business address:
practice / Medical specialty:
Fax:( )_
date condition commenced:
Was the patient admitted for an overnight stay in a hospital, hospice, or residential medical care facility?
No Yes. If so, dates of admission:
)ate(s) you treated the patient for condition:
Was medication, other than over-the-counter medication, prescribed? No Yes.
Will the patient need to have treatment visits at least twice per year due to the condition? No Yes
Was the patient referred to other health care provider(s) for evaluation or treatment (e.g_, physical therapist)?
No Yes. If so, state the nature of such treatments and expected duration oftreatment:
2. Is the medical condition pregnancy? No Yes. If so, expected delivery date:
3. Describe other relevant medical facts, if any, related to the condition for which the patient needs care (such
medical facts may include symptoms, diagnosis, or any regunen of continuing treatment such as the use of
specialized equipment):
Page 2 CONTINUED ON NEXT PAGE Foini WH-380-P Revised May 2015
4. Will the patient be incapacitated for a single continuous period of time, including any time for treatment and
recovery? No Yes.
Estimate the beginning and ending dates for the period
During this time, will the patient need care? No Yes.
Explain the care needed by the patient and why such care is medically necessary:
of incapacity:
5. Will the patient require follow-up treatments, including any time for recovery? No Yes.
Estimate treatment schedule, if any, including the dates of any scheduled appointments and the tune required for
each appointment, including any recovery period:
Explain the care needed by the patient, and why such care is medically necessary:
6. Will the patient require care on an intermittent or reduced schedule basis, including any time for recovery?
No Yes.
Estimate the hours the patient needs care on an intermittent basis, if any:
hour(s)
per day; days per week from
Explain the care needed by the patient, and why such care is medically necessary:
through
Page 3 CONTINUED ON NEXT PAGE Form WH-380-F Revised May 20r5
7. Will the condition cause episodic flare-ups periodically preventing the patient from participating in nonual daily
activities? No Yes.
Based upon the patient's medical history and your knowledge of the medical condition, estimate the frequency of
flare-ups and the duration of related incapacity that the patient may have over the next 6 months (ems, I episode
every 3 months lasting 1-2 days):
Frequency:
Duration:
times per
hours or
weelc(s) months)
days) per episode
Does the patient need care during these flare-ups? No Yes.
Explain the care needed by the patient, and why such care is medically necessary:
ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER:
Signature of Health Care Provider
PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT
If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. � 2616;
29 C.F.R, � 825.500. Persons are not required to respond to this collection of infornation unless it displays a currently valid OMB
control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this
collection of information, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information. If you have any continents regarding this burden estimate
or any other aspect of this collection information, including suggestions for reducing this burden, send them to the Administrator,
Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC 20210.
DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT.
Page 4 Foini WH-380-F Revised May 2015