HomeMy WebLinkAboutRes 2023-12-1572 Amending the City of Anna Personnel Policy ManualCITY OF ANNA, TEXAS
RESOLUTION NO. 2023-1 2— 1 5-7 -?-
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, October 26, 2021, December 14, 2021, September 13, 2022, October 11,
2022, September 26, 2023 and on December 12, 2023.
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 12th DAY OF DECEMBER 2023.
Appendix A-1
Personnel Policy Manual
Acknowledgement Form
Property of the City of Anna
TO BE SIGNED & RETURNED TO THE HUMAN RESOURCE DEPARTMENT 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.a alse-
ARPIRPStand that this Manual s City property that must be retumpd to the Human R.Asr-)-Frps
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.
(1) 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 for extra
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.
Page 129
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 twelve months, unless otherwise specified by department
policy or law. Any newly promoted employee will begin a new probationary period for a
period of six months.
(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. A newly promoted employee must complete their initial probationary
period followed by the promotional probation period of six months.
(f) Newly hired employees generally are not eligible for paid sick time during the first thirty
(30) 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 thirty (30) days 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.
(9) 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. Probationary employee are not entitled to a review period.
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 131
(3) The course, lecture, or meeting is not directly related to the employee's job. If 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
(4) The employee does no productive work during the meeting ortraining.
(b) If an employee on his or her own initiative attends school, college, or trade school after
hours, that time is not hours worked even if the courses are job related.
105.9 Employee Performance Evaluation
(a) To ensure that the quantity and quality of work performed by employees meets the needs
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
conjunction with said interview.
(b) If at any time the City Manager or a department head determines that an employee must
substantially improve in any area of job performance in order to adequately discharge any
essential function of the employee'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 "at -will" status.
(c) The department head or City Manager shall provide a copy of any written performance
evaluation or any performance improvement plan to the employee and shall place a copy of
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
improvement plan. This written response must be received within 24 hours of the receipt of the
performance evaluation or performance improvement plan (PIP). This written response shall
be placed in the employee's personnel file.
105.10 Training and Development
In order to meet individual and organizational needs, it is the policy of the City to provide training
and development opportunities to encourage high quality performance to prepare employees for
Vacation Leave Accrual
Full-time Fire
Full-time Police
All other Full-time
Department 24 hour
Department 12 hour
Employees (Avg. 40
Shift Employees (Avg.
Shift Employees (Avg.
hours per week)
56 hours per week)
42 hours per week)
Years
Hours per
Approx.
Hours per
Approx.
Hours per
Approx.
pay period
Weeks per
pay period
Weeks per
pay period
Weeks per
Year
Year
Year
1 to 9 years
6.462
3
4.847
3
4.616
3
10 or more
9.230
4
6.920
4
6.160
4
Hours per
Approx.
Hours per
Approx.
Hours per
Approx.
year
Weeks per
year
Weeks per
year
Weeks per
year
year
year
Maximum
672
12
504
12
480
12
Annual
Vacation
Accrual
(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 first thirty (30) days of
mployment. Exceptions
City '
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.
(� In the event that an official paid holiday falls during the vacation period, holiday pay shall be
given instead of vacation pay.
(9) 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 needs of
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
Page 170
regulations concerning employee conduct will forfeit accrued vacation pay unless a mutual
agreement is reached between the department head, City Manager, and the employee.
0) Vacation leave shall not be advanced.
(k) Vacation leave may be taken in not less than 0.25 hour (15 minute) increments.
(1) 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-Rinety thirty (3090) 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 912212015, 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.
perpay
Weeks
perpay
Weeks
perpay
Weeks
period
per Year
period
per
period
per Year
Year
Annual
5.17
2.4
3.88
2.4
3.69
2.4
Accrual
Hours
Approx.
Hours
Approx.
Hours
Approx.
peryear
Weeks
peryear
Weeks
peryear
Weeks
per year
per year
peryear
Maximum
1344
24
1008
24
960
24
Annual
Sick
Accrual
Page 171
(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) Disciplinary 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.
(d) Administrative leave with pay may be granted by the City Manager at which time it is in the
best interest of the city.
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
vacation, 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.
(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 Human Resources 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 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 Department Adraiaistrater 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.
Page 184
(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.
107.6 Reduced Work Schedule
(a) Any employee placed on a reduced/intermittent work schedule while on leave under the
FMLA must provide Human Resources 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 work schedule.
(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 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
limitation 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.
(b) In the case of family and medical leave, the City D^^ Rt Head shall send notification
to the employee, Re ^ �� rtistrater 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
Page 185
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 within 24 hours of receipt of the oral warning.
(c) Written Reprimands (refer to Appendix A-13).
(1) Written reprimands shall be presented and a copy given to the employees indicating
the following:
(i) The specific employee act(s) which demonstrated the unacceptable conduct
or behavior.
(ii) The expected conduct or behavior.
(iii) That such act(s) 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. The employee's response/rebuttals may be submitted in writing within 24
hours of receipt of the written reprimand.
(d) Placement in a Performance Improvement Plan (refer to Appendix A-1 0).
(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;
Page 199
(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 within 24 hours after receipt of 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 a non-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
misconduct, 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 -by -
case 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 personnel file.
Page 1 100
(2) As notice, an employee shall be given a Notice of Disciplinary Action (Demotion) and
shall have the right to respond to the department head to the alleged charges within
two workdays before the demotion becomes effective.
(3) Personnel Action Forms must be completed and sent to Human Resources (refer to
Appendix A-4).
(4) Demotions may be appealed in accordance with City policy.
(9) Dismissals. Dismissals result in termination of City employment.
(1) Prior to initiating any dismissal action, the department head or designee shall confer
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.
(2) The City Manager will review the information and discuss available options and their
consequences with the respective department head or designee.
(3) It is the responsibility of the department head or designee to decide whether to
initiate a dismissal and to communicate the decision to the City Manager.
(4) As notice, an employee shall be given a Notice of Disciplinary Action (Proposed
Dismissal) and shall have the right to respond to the department head 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.
(5LDismissals may be appealed in accordance with City policy.
(�(6) None of the provisions under section 109.1 (gl apply to probationary emplovees.
Probationary employees are not entitled to a review period.
(h) Notice of Certain Proposed Disciplinary Action and Employee Response.
(1) A department head who is considering disciplinary action shall prepare a notice of
disciplinary action to the employee. For the purposes of this subsection, "disciplinary
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
respond with any relevant facts and documentation that might affect the proposed
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.
108.3.3 Use of Personal Cell Phones
(a) The City recognizes that many employees have cell phones that they bring to work. Cell
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.
(b) Cell phone use that violates any City policy, including but not limited to the policy on sexual
and other unlawful harassment, will be subject to disciplinary action, up to and including
termination.
108.4 Electronic Communications Policy'
(a) Generally.
(1) The City may provide computer networks, intranet and internet access, email,
telephones, pagers digital cameras, voice mail, and fax communication systems for
use by City employees in the performance of their job duties. These communication
devices are referred to collectively in this policy as "electronic communications
systems" or "systems."
(2) The City systems are designed to support and enhance the communication, research
and information capabilities of City employees and to encourage work -related
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.
Notwithstanding any provision of this Manual to the contrary, this Electronic Communications Policy
shall not apply to employees, including peace officers, to the extent that applying the policy would
effectively: (1) require the employee to disclose information that is made confidential by law to a person
who is not authorized to receive same; (2) interfere with a peace officer's lawful attempts to enforce the
law or to investigate, detect or prevent criminal activity; or (3) otherwise violate an applicable state or
federal law or regulation. If an employee has any questions about the applicability of this policy, they
should consult with their supervisor, their department head, or the Human Resources Director. See also
Section 116.02 of this Manual.
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(3) This policy applies to all City employees, contractors, volunteers and other
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.
(4) The City owns the rights to all data and files stored in the City's electronic
communications systems to the extent that such rights are not superseded by
applicable laws relating to intellectual property.
(b) Employee Consent. By accepting employment with the City, employees expressly consent
to the collecting, reading, cataloguing, or other monitoring of electronic communications
stored on the City'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 other than City systems or the City -provided Internet access.
(c) Acceptable Use.
(1) Acceptable uses of the City's systems are limited to those activities that support
reference, research, internal/external 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.
(2) Users must understand that use of the City's electronic communications systems is
a privilege. Minimal personal use of the internet or email and other electronic
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 City reserves the right to monitor employee email and internet usage stored on
the City's electronic communications systems, including the right to monitor
electronic mail messages (including personal/private/instant 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.
(d) Prohibited Uses and Rules Governing City Systems include:
(1) The use of video, audio, image, storage, etc. can put a strain on the available
resources of the City systems and bandwidth. The City reserves the right to prohibit
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.
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(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 explicit material.
(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 to City
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 work environment.
(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
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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-off' 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
depaFtFnentlnformation Technology 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 the source
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 City functions.
(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.
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(1) All passwords used for any City systems are subject to be changed by the
(2) Users of City systems may not assume they are provided any degree of anonymity
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.
(3) The City may use software in City systems that allows monitoring by authorized
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) The City Manager or their designee reserves and intends to exercise the right to
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.
(9) Filtering. The City may use software to filter Internet and instant message content for all
employees. This software may prevent access to informational content or reduce said
access. Unauthorized modifications or workarounds as relates to such filters are prohibited.
(h) Copyright Restrictions. Any software or other material, including music, downloaded to City
systems may be used only in ways consistent with the licenses and copyrights of the vendor,
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 their work.
(i) Public Information. Employees are advised that any data or electronic information could be
subject to release in accordance with the Public Information Act of the State of Texas.
Employees must take appropriate measures to keep their private information secure.
108AII Social Media Policy
(a) Policy Statement. Whether or not an employee chooses to create or participate in a blog,
wiki, online social network or any other form of online publishing or discussion is his or her
own decision. However, the City recognizes that emerging online collaboration platforms
are fundamentally changing the way individuals and organizations communicate, and this
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products (smoke or smokeless) and Electronic cigarettes by employees and volunteers is
prohibited in any City owned building, vehicle, or piece of equipment, and in locations that
are accessible or visible to the general public. The for purpose of this section, "Electronic
cigarette" or "e- cigarette" means an electronic device usually composed of a mouthpiece,
a heating element or atomizer, a battery, and electronic circuits that provides a gas derived
from liquid nicotine and/or other substances which is inhaled by a user simulating smoking.
The term includes such devices, regardless of the details of the product appearance or
marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other
smoking devices.
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104:8104.7 Financial Obligations
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.
104.8 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;
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(c)
in lieu of cash must be at the rate of one and one-half hours of compensatory time for each
hour of overtime work), as stipulated by the Fair Labor Standards Act, and as follows:
(1) The use of compensatory time off is not authorized unless approved in advance and
in writing by the department head or designee City Manager. The department head
is responsible for the administration of compensatory time off in lieu of overtime pay.
(2) The use of accrued compensatory time off will be granted to employees within a
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 department
head or designee 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 department head or designegGky-Manages, then the employee will receive
payment for the value of the compensatory time. If the department head Coy
Managerrantsan extension, it may not be for more than one year from the date
that compensatory time is accrued. If the department head or designee G" y Manage
grants an extension
aecrded—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 Gi.tY Ma e92' yr:R'c aR exteRGieR that :6 "�, y.a--' o.,
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 from employment, employees must be paid for all accrued
compensatory time that has RGt lapsed at the employee's rate of pay at termination.
(4) Each department is responsible for maintaining records of compensatory time off
earned and taken by or paid to employees within the Department, and for keeping
them current and on file in the ^^�met.time tracking system.
(5) The City's ability to make an election to provide compensatory time off instead of
overtime pay is a term and condition of employment.
Eligible Non -Exempt Police Officer and Firefighter EmDlovees. The official work period for
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
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(d)
period in which actual hours worked are above 40 in a 7-day work period, the eligible non-
exempt employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off
for each hour worked in excess of 40 in a 7-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.
The official work period for eligible non-exempt police officers is a 142-9-day period. Eligible
non-exempt police officer employees will receive overtime pay or compensatory time off for
any hours worked in excess of 471 4608086 hours in the 2814-day work period. with the
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 1608096 hours in a 2814-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 4711608096 in a 2814-day work -period, 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 471-6080866 in a 2614-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 aad Gity-Maaagefor designee 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 and does not change the at -
will employment relationship established under this Manual. This provision is adopted
pursuant to section 207(k) of the FLSA and 29 CFR 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.
(a) Overtime and Compensatory Time Off for Eligible Non -Exempt Firefighter Employees. The
official work period for eligible non-exempt firefighters is a 28-day period. Eligible non-
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 28-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 28-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 and does not change
the at -will employment relationship established under this Manual. 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
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of sleep time may not be compensated for and may not be counted as hours worked for
purposes of calculating overtime hours; and, (2) designated meal times may not be
compensated for and may not be counted as hours worked for purposes of calculating
overtime hours. The policy, stated above, excluding certain time for sleep hours and
designated meal times from overtime compensation does not apply to a regular 24 hour shift
that starts early or is extended due to emergency call out, or to an employee that, with the
permission of the department head, works a shift normally assigned to another employee
resulting in the employee working consecutive 24 hour shifts. This provision is adopted
pursuant to section 207(k) of the FLSA and 29 CFR Part 553, and shall form a part of the
City's payroll records. For the purposes of this subsection (a), an "Eligible Non -Exempt
Firefighter Employee" includes only an employee of the City who is trained in fire
suppression, has the legal authority and responsibility to engage in fire suppression, and is
engaged in either: (1) preventing, controlling and extinguishing fires; or (2) responding to
emergency situations where life, property or the environment is at risk.
(f) Holiday leave and vacation leave will be counted as hours worked for the purpose of
overtime calculations. All other paid leave, including but not limited to sick leave,
personal 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.
(9) Exempt Employees. Exempt personnel are paid a salary and are not eligible to receive
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.
105.5 Call -Out
(a) A non-exempt employee called out to work after he/she has been released from his/her
normal work day shall be credited with a minimum of two (2) hours for the time between
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 call -out, and is subsequently
called out within the same initial two-hour guarantee, he/she shall be paid for the actual
time worked, or the minimum two (2) hour guarantee, whichever is greater. A second call -
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 call -out, after
the expiration of the initial two-hour period, such subsequent call -out shall commence an
additional two-hour guarantee.
(c) Call -out time will be paid at the applicable overtime rate only if the employee has exceeded
40 hours worked for the work week (or the equivalent maximums for police and firefighter
employees). Any time less than 40 hours (or the equivalent non -overtime hours for police
and firefighter employees) including call -out time will be paid at straight time.
105.6 Standby (On -Call Time)
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