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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 M a)4o� Nate * SEX ��````��,. n,%r`` 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 Z) f�IOUHHTZ; u t�y cmucl k a CIHUa ) 0 P1 UP01 U I I U �"u "" �J F F )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. k R A I 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. 4 ; +k ;[-%;I;+ f k I f fk ri+ fn �nrn I xAAfk nil nlir�inc in thic hAnn"ni nnrl U �1 I U �O �J F V 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. 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REFERENCE CHECKS AND RECOMMENDATIONS a a R v a a R a 8 a a a I a 0 a a a a a I a a a 0 qn CTION103m PROBATION wwwwuuwl Banco am 0 assuages wwwwa as a a K 9 0 a I a a 0 9 1 a W a a a W a a a a a a A N a 2 a a a 0 a I a 0 0 a a x a 0 W a * * * A a A a a I 1 0 a a 0 0 a a a a a a I a a a a a W W R W3 1 03ol PROBATION PERIOD ff we #*a *W**w*kKAIdvv wow Mason move vow ww*** Removal* noun 01*8111 mass an WE noun OWN* AlAto 1 03s2 COMPLETION OF PROBATION....... noun ougenow* ME 0 noun own* OR or "mom Runs* a &seen RUN ago **"* ***wrote Rome Bonn moms F**W**A*31 03*3 APPEAL OF FAILURE OF PROBATION 0 0 0 gw*n* MAMA as a a a 0 a 0 0 a 0 v a a N I * w I a A a w a 0 a 0 a 0 0 0 1 a 1 5 9 1 a I 1 4 * w w a w & K a a a a a a a 2 a a 0 a w $ 9 a W32 b Bann Maass WW**UZBM aftessum 0 222 0 Ran wwoommmau Karl% Dun Banco NOVA oulkk2offolvat 0 Mann message noon *&knows 0 ME as a was 0 CTION 105 COMPENSATION & PERFORMANCE EVALUATIONS. Russ Real misaw wwottows massuassugge miss wwavoonwoolk5l " 9 v W 0 * * & b 2 a K 0 a 0 a a a a a a I a * * Ir * 0 * w I I * a a 0 1 a 0 6 a a a a a v a a w 6 a 4 w v 04o2 WORK STANDARDS........ WERE 44K*ffiano same manswevv 0 a****** shommm*wmmm WE Ww****Am KRUM answassm Eggs an wwww** Soon h**m33 04*3 POLITICAL ACTIVITIES ....Bann *togas"** **Ktaaam assalls &mesa anowlass name arms Pupwvw*wok*v monsoon a Visa MAR135 0493al REQUESTS FOR PUBLIC INFORMATION .*ran all 0 suvwlw**W*Aw antes wassavor noun noun arms **Me am KWK36 04m3w2 COMMUNICATIONS WITH THE PUBLIC AND THE NEWS MEDIA,...... van* anotages Boom WNW NAIVE mumm *0 Fax 04343 COMMUNICATIONS WITH CITYCOUNCIL MEMBERS ff. ON 0 0 BONN WIND o*ftbAs*sv Eta Williams 8837 04o4 SOLICITATION.... mass memo Rots aftesslaw *war mass &Mao Bann Kate noun *old waguabs*2221 ugawwwwwMaKso ease mama mama ffwmv Or* a %ISO ht**38 04m5 OUTSIDE EMPLOYMENT am,,, noun bass Basin *Raw K*Wwwww* *&a& &&In Ranges@* 0 Egg map* wwwanp noun sskamsmv coma seen mum 0 o4hAm**A38 04,6 HEALTH AND FITNESS .... IRMO IOWA **So eggs anon ME RRBSAVWO*** ftam*awsRmagv Bann *ON* ***Mamas ass assent onam *40* **am wage Bann Damages R*swv*** W39 04*6el TOBACCO FREE WORKPLACE.............. Recover Ransoms wwwwo'VAM wwameasse coma wwwwwwog Runs ff RWRW40 04*7 DRESS CODE/APPEARANCE 04v8 FINANCIAL OBLIGATIONS 04e9 CONFLICT OF INTEREST/GIFTS owsmalm wow* 04*0 atsawlst assamago VOW***VS*RRffRQam *also vow4w*vo noun aamossum &cassava *Ras W*0043 04s10 PROFESSIONAL DECORUM coma* assman Base Blow Room Rama Bongos no noun 040wom a ft a a a a a I a 245 04all HARASSMENTAND SEXUAL HARASSMENT PREVENTION AND DISCIPLINARY POLICY....... Magnus wwwwwr MRA5 04a12 INDICTMENTS AGAINST EMPLOYEE affsawasw *Eastman* sensuous Rolm a mvwswwkk48 04t13 VIOLENCE IN THEWORKPLACE ... 0 wg****K&mhmm ago Solve ff*" Room* VIRUSES Demme &Isms DR049 04o14 WORKPLACE BULLYING.......... &OR 0 wwvvwm**4*A*l Ream ff Detroit was gmww* **O*A2sw1s11 mmoomose noun NSA Oak&* hmmm49 04915 CITY LOGO USE tutu Rasa V*Kwmmam sets muzza BONN Wkww Arm* mesa annallas *mass 0 Emu gwnwwnv***Vt ftwWwROD 0 mama vssm50 10sal COMPENSATION PLANNED. Bann swuml ww****tsmmma &massage moves WWWA ***Rsa*m Knoommossume me go NASA **KK51 ul�36Z INEW r-11RES *94 Santa*%* eggs Into ***amass allsoman &&Ransoms ON ff Range nova uruwv****A*vv ***amass Emma arms ON WE am** 053 EMPLOYEE PAYSCHEDULE .... Beverages 0 owsmv*p *a** kwastmem &*to wassmamp waswxwgww DAIWA wow as a 2 a a a am a ff or ff I v N * * *52 05v03w1 DEDUCTIONS Boom usmww*****aa Ross also mama olwwx*** *am** Rise Kenn Sony noun mom" okwulanalls asonstimus NO** *****Rat news among** evvwww***52 0504 OVERTIME AND COMPENSATORY TIME &&manages Masson I v I R * * * A A A b B b a a a a a a a a a a 1 9 7 1 N 9 " * 0 * 0 * 4 v a a a a 0 a a a a 0 ff a a w 0 w ff w w v * * * * v a a a a 0 a a a B52 05,5 CALLoANOUT a a a a I a 8 a 0 a a I ff v a * * * A * w * a ft a a a I a 2 1 9 a a a a a I I N 0 0 * 0 0 * W a a b a a a a I a a I a a a 0 a 8 a 4 N W N * 0 0 4 a a a s a I I A a a a a a a I a 0 v w a 655 05o6 STANDBY (ON*wCALLTiME) 4 a a a I a a 2 a a 0 0 a 0 a a a a 7 a w * * A a * 4 1 a a a 1 2 1 2 a a a a 8 a a a a ff * w * * w w ft a B a a a a a I a I a a a 0 a a 1 0 0 0 ftRkw**V**aml Bananas 0 rams vvwv55 05*7 TRAVELTiME BONN Base anon Bass otwgw**w gxvo*auam Real nomostsm Ruff" a Kw*vdaazam magenta 0 a a noun mvw***Wl w a a 1, a a a a a 2 a aguswvm**56 05a8 MEETINGS AND TRAINING TIME Sam wanuessom sawwwwov off"* move &Makatea affewomov veto Woman *&&Blame Ross Emma mum* N*Owomokm I as I I ass ass@ a a * 56 05s9 EMPLOYEE PERFORMANCE EVALUATION. . a a 0 a a a 9 N v * A, * * a a a 9 2 2 a a 0 a a a I a ON me" *ff*** a coma as Sam BBY57 05910 TRAINING AND DEVELOPMENT ... samono w1wwwwv* Were Kmansmasomal assmaggs MAN wwwww affsannow **Fvp**457 05mll SALARYINCREASES, . 0 0 * a 0 1 a a a a I a a a ff a 0 ff a w 0 0 a v v a Ir a a a a a a a a a a 0 0 9 0 a ff Win *000**AA ass% Ran WEBB &am* &Sam Bann Benz munev"* **am wm*2162 05*12 LONGEVITY PAY Ran wwmww wish eggs awlsovus ever an1wwowwv*m* w w 0 v A t a a a a a 0 was* a a a I ff 8 v " a * * * * a * 0 a a 2 a a a a a a a a a a a 8 8 a New***** w a a B62 05s13 SEPARATION PAY Remiss 0 Ems sea wwwv*v*al ASKS Basin &**OFF wo,*v bl1ww*tu#1 0 0 1 comes 0 0 a I * a a Rot* kkm*wuam a a a a a a I a w 0 0 1 v W**V*mmmtu2a noffoolso WwwW62 05m14 RETIREMENT Rome onsevomw a*** uncommon an wassmal WIND Ransoms* 0 w a I a N v a a a a a 0 a 0 a 0 a a a wwwo63 05,15 RECOVERY OF PAY AND/OR BENEFITS. 9 v w v " * * Ir 0 4 a a * I a a a a a 0 a 0 0 0 1 1 a I " arm Boma some ffw*q*64 CTION 106. HOLIDAYS, ABSENCES & LEAVES . wwwo a man **OVA Novellas offou 0 a am mama usual a no anon www*xos ME suuBszz65 063 SICK LEAVE .. ANN* ****WISE *egg news auto noun OWNE**w Banns Elm Noun room wwo* NAMED so Ban B68 106AMILITARY LEAVE. . 0 p 0 t I ft 0 0 0 a 0 0 0 1 0 0 0 t 0 9 0 a 0 9 0 0 a N 1 0 1 v 0 * * b b 0 0 1 a a 0 n n a a 0 n n 0 m m a 0 s s 0 9 0 0 0 0 v I v I * m A s 0 0 0 a n 0 1 0 m 0 a 0 s I I n n 0 0 0 9 0 v 9 v q 1 0 K A h 0 c 0 0 0 a 0 0 a a 0 0 9 0 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 nr. 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 0708 PARTIES' RESPONSIBILITIES... Boom a 0 0 0 9 a v I v q I * a I s a a s s a a a a * 9 0 0 0 ffl 4 q 0 0 0 s s 0 0 1 n n so@ n Buy** mt timmom 0 0 a 9 as MR met 0 ffizza 0 0 1 a a 0 0 p a 4 0 b b n n m n a n E80 07,9 COORDINATION WITH WORKERS' COMPENSATION BENEFITS 07olO TEMPORARY REPLACEMENTS 0 0 a 0 a 0 a 9 0 0 0 0 a v v 0 0 0 a a a n n n a a 0 v a no m I I a m 0 a a a 1 0 0 0 v 0 0 v p I w I s a 2 a 0 s a a 9 a a a 0 0 0 v U82 rTinM inR EMPLOYEE COMMUNICATIONS POLICY one 0 0 0 am 0 0 am WEE 0 0 a ISO 0 0 am MEN 0 0 0 on ME ad a an 0 0 0 0 a a a X8 3 inq 1 OPEN COMMUNICATION/OPEN DOOR K 0 0 t 1 0 0 0 a 9 1 1 a v 0 s 0 v s s 0 a a a 0 a 1 0 0 0 ompm*kemnsamemommums83 08s2 1--PRIVACY rzXPECTATIONS, 1 0 b 0 0 s a n a n n n a a n n v n n 0 a 0 A 0 0 0 0 0 0 a 0 a v v 0 1 p p A 0 & a s n n a a a n a a a ff v . . . 0 d a 0 a 0 0 a a a v 1 0 � 0 0 a 0 m s 0 a a a a 0 n a a a a a a v n n N m 0 083 TELEPHONE USAGE 0 0 a a 9 a 0 0 a 0 0 1 * a a &Ems n n n n a 0 a a 0 0 0 q VIDEO 0 a a 0 0 a a n v v I m s n n n m not n 1 0 a v v v I a v q 0 0 b t a 0 s a 0 0 0 1184 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 10961 DISCIPLINARY ACTION. . v & s b 0 A 0 0 0 0 9 9 a 0 v a I q d b b 0 a n n n I n 0 0 a a a v v 0 0 0 9 1 1 1 1 0 a a a I I A a 0 0 0 9 a a q 0 0 w n a a a a a n n n n a 1 0 0 d A t 2 a 0 0 a 9 a a 0 0 9 a 0 0 v 0 a I * * s a 0 a a 0 s 2 a 0 zi I CTION 110. VOLUNTARY AND INVOLUNTARY 110.1 KESIGNATION ENDS@ vv*pmmmhmagmammm manump . . . . t 6 6 0 0 2 0 a a 0 a 103 0 0 s 0 0 a s 0 0 a 0 a a 0 a 0 0 a a v a I n h 2 * 0 s k s 0 a 0 a I a a a 0 0 0 v 1 9 * w d w n s a 0 a 0 1 n n n v q & a a s a 0 a 0 0 0 9 a a 9 a v I , , 0 0 a 2 s a a 0 0 a a a I a 0 0 1 06 10A0 a a n 0 1 0 v 0 * I I s s s s a s a 0 a 9 a a 0 a v v 9 0 1 0 q I m 0 h s a 0 a n n n n v a 0 a a 4 0 N 0 a a 9 0 a a a 0 0 0 v v q 0 A 0 s n n n n n a % n a a 0 0 0 0 a a q I * I I A t & 1 07 10t5 MILITARY SEPARATION 0 9 1 1 0 2 b 0 0 0 a 0 0 0 v up n v 0 0 0 m 0 h n on n n a I a a 0 0 0 0 a 9 0 0 v I I , ms 0 2 a 0 a a a a 0 a a 0 n a ft a 0 s a an n n wassumm, , s m a 0 0 an a a 0 n a a 0 n v v v v v 0 v a 4 Es 1 07 1OP05ml DEATH n a a n v n n v v v m v o o v a a a m n n n a a n n a v a I a s s a n a 0 0 a a 0 1 a v v * 0 v s m s a s a 0 m 0 0 1 a 0 0 0 a n 0 a a v 0 * s h b n a a a a 0 0 0 0 v v a 9 a A a s s s 0 a a a a % v n n n v I a t s a s a a a 0 0 a a 0 a 9 0 0 9 0 1 a 9 v p 1 07 1006 SEPARATION PROCESS 0 0 0 0 v v v 1 0 * a s 0 a 0 n n n n I a v v v I I n 002 *smalls* 0 0 0 0 0 0 0 n I I v m m 0 s m n smos n me 0 v 4 1 1 1 Ilk 0 0 me 0 a v 0 w a v 4 t a n t d n n 2 1 a 0 a a a a 0 0 0 0 v a a 9 1 07 CTION 11 1 a PERSONNEL RECORDS 0 8 111 2 CHANGE IN PERSONNEL STATUS: NEW HIRES 09 Page 1 6 110.1 KESIGNATION ENDS@ vv*pmmmhmagmammm manump . . . . t 6 6 0 0 2 0 a a 0 a 103 0 0 s 0 0 a s 0 0 a 0 a a 0 a 0 0 a a v a I n h 2 * 0 s k s 0 a 0 a I a a a 0 0 0 v 1 9 * w d w n s a 0 a 0 1 n n n v q & a a s a 0 a 0 0 0 9 a a 9 a v I , , 0 0 a 2 s a a 0 0 a a a I a 0 0 1 06 10A0 a a n 0 1 0 v 0 * I I s s s s a s a 0 a 9 a a 0 a v v 9 0 1 0 q I m 0 h s a 0 a n n n n v a 0 a a 4 0 N 0 a a 9 0 a a a 0 0 0 v v q 0 A 0 s n n n n n a % n a a 0 0 0 0 a a q I * I I A t & 1 07 10t5 MILITARY SEPARATION 0 9 1 1 0 2 b 0 0 0 a 0 0 0 v up n v 0 0 0 m 0 h n on n n a I a a 0 0 0 0 a 9 0 0 v I I , ms 0 2 a 0 a a a a 0 a a 0 n a ft a 0 s a an n n wassumm, , s m a 0 0 an a a 0 n a a 0 n v v v v v 0 v a 4 Es 1 07 1OP05ml DEATH n a a n v n n v v v m v o o v a a a m n n n a a n n a v a I a s s a n a 0 0 a a 0 1 a v v * 0 v s m s a s a 0 m 0 0 1 a 0 0 0 a n 0 a a v 0 * s h b n a a a a 0 0 0 0 v v a 9 a A a s s s 0 a a a a % v n n n v I a t s a s a a a 0 0 a a 0 a 9 0 0 9 0 1 a 9 v p 1 07 1006 SEPARATION PROCESS 0 0 0 0 v v v 1 0 * a s 0 a 0 n n n n I a v v v I I n 002 *smalls* 0 0 0 0 0 0 0 n I I v m m 0 s m n smos n me 0 v 4 1 1 1 Ilk 0 0 me 0 a v 0 w a v 4 t a n t d n n 2 1 a 0 a a a a 0 0 0 0 v a a 9 1 07 CTION 11 1 a PERSONNEL RECORDS 0 8 111 2 CHANGE IN PERSONNEL STATUS: NEW HIRES 09 Page 1 6 111.3 PERSONNEL RECORDS AND REPORTS....................................................................................109 Page � 7 11A LMPLOYMENT VERIFICATION mass Kim Names NASA club slim Ban calls soon **woo ov*mm&msmm aging* at wasewwwwow *orbital mammas me a mtwoP I lulat 1 142 EAVIrLmAkwo I F�;V� 1:3LAN F1 I a 9 a x 9 x x ff v a R A I a t 0 A t I a I a t a 9 a a a 2 a a a 9 a a a A a a a 0 a x w w R 0 * 0 0 a a a a I a a a a 0 a a a a a a a W x N W V a a a m a a a a I a a a 2 a a a a A W R A a " N a a 0 1 w 7 a w w 0 a a A * * a m a W a a 0 a a a a a a a 9 a 9 a a N a v 0 a A a 4 a 2 a 2 a 0 a 4 a a a a a a 0 a ff v N 0 0 a v a a I I v a a w * 0 2 a 1 0 a a 0 a 12m2 MODIFIED OR LIGHT mass Knawsmas affsamsms 0 ENV mlAmw**** wmessmam mass gongs an Wayne mammas RE Sam gal 12 123 SOCIAL SECURITY .. Ems 0 MISS Bass Bonn abet &gongs*@ arm* swam two* N*Wtgswwz a a a a OR 0 0 mesa a w 0 a allow R a 1 1 4 12m4 UNEMPLOYMENT INSURANCE comosman WES Ross* Egon mass was a mass Nw**VMRWE anal Ron ago No WINE **** 0*2*x2mass same wool 14 12m5 HEALTH RELATED BENEFITS missmass gong mewwommo **** *out Makes Sol wages eggs on mw***K** V*Mmswbaeo mom Rumors 0 mammas 0 1 14 1246 CONTINUATION OF GROUP INSURANCE (COBRA) .....cons amems mass room mass ****A skassaams assewwwovu we mv a**** asset coal 14 12w7 MISCELLANEOUS BENEFITS......... an non mass come CROW mass same mass ass an Run 0 Oman **Vouuwm K1 15 ANERN, 011 03 1 0 1 1 xf 1 13m2 AUTHORIZATION REQUIRED...... ...ex... Bonn **a* waaff2eas affeassms awmawlsm mwm*v amasses Rooms sent 0 arammmA mammas seems gal 17 133 ALLOWABLE EXPENSES 0 nos wwwwsw*w* anal gaff ff slow meow a*** kww**sIt ago an Basso ff grow am I*** mass we 9 9 2 a 8 a m I a 0 a a a a al 17 114 TRAVEL ADVANCES same ollmsmas 0 Ran amassman moms Donavan@ mums Rum 0 *son sense Kwashass Rescue Brings KWIC #*Kvthmhz gnaws Boll 19 13*5 TRAVEL EXPENSEREPORT PROCEDURES memo qww**Vw* Sam&* BRES MN22 anal mammas wwwk**** **amawmmmm was stages woww**Wvl 19 13*6 GENERAL PROVISIONS.. Munoz awmamewo NEAR Etta same as me ammsessm mass ORION *00 vwm&am&hm affasessm Naas mawwlv*m WARSAW** saaammmas Base Navy ffwl 20 E: 0 010 1 14m2 APPLICABILITY....... ff Bonn Sunni wwwffww***#O*A%*m &ones **a* W*Iww a a a 2 a a a I a a a ff I a a N a a a v a a w 0 N 0 * w 12 1 143 USE OF CITY VEHICLES.. Egos mass arm not mass sommoss meant** even same RKammssm sent mass mmwum*v4**V* Nothausm Room Deal 2 1 14*4 CITY DRIVING QUALIFICATIONS........* mass Ron comes sommmsms access an Bob***** via alkhasessam anal 21 14m5 OPERATION AND RIDERSHIP... 0 off soon saffammus *buy mass woo** R&KRBRBRNI &Ransoms wassaawww* glauttsm asmassmall 24 14*6 PRIVATELY OWNED VEHICLES ONCITY BUSINESS mass on me go** Nmm&wssffsbmm OR Dammassawm mass KAREN stassaae 125 14*7 SAFETY, MAINTENANCE, AND CARE & I a 2 a a a a 0 2 a 0 1 a a a a a a 0 w W I " a W w a 4 0 a a a A a a a a a a a a a a a a 0 a a I v 0 1 p w w w a 0 W a a * 4 a w 2 a 0 1 a R125 14a8 VEHICLE LOGS manages anal wffffffww*N mamma not enema Benz Bonn sivrmnw* ff a a a v a a N mass 4 v I A 1 9 a a m a a a spaces no a a a 0 WEI 28 14t9 TAKE HOMEVEHICLE POLICY "*****KKRNM mass Benz anal BOSSE cools or MARC saw mums owwwwwxv son* Bass anal 28 14m10 TRAFFIC CITATIONS AND ACCIDENTS 0*90 same name ff 0 mammas mass affaffnall wages* 9N*Owammsm was assess &*tog Rawl 29 14oll AUTHORITYOF CITY MANAGER TO CONTROL USE a angwwwo* 400** **** arms mass Ranges an allows vww****Ass Reammmass smossaffs 130 CTION 115. SUBSTANCE ABUSE POLICY.. I a 9 a I K 0 a Is a a 2 an on a a 0 1 a an w MR ff a a a Ask No 9 am a a am am I a a A a a Ann a an a am 9 a a a a a W As a k 115al PURPOSE ff mass ommamuff tvw*ov*** W*Wuwakl RNKIN son glitz or AN mass Benz an *131 1563 VIOLATIONS *V****m assmalass Egos am tun""" mass massmove mesa am at goes mass assaffamumn New**%** ww*hm*amzl 31 15m4 SURVEILLANCE, SEARCHES, AND TESTING..... woo mums mvww mass ***** mass have son ancoss &aggressive ovshimms Bonn Bass o0mmm0m*m1 31 15*5 PREVENTIVEACTS mass Bonn ever mvwk**Vm vowm*awle asimmaza nowwwwam mmkW**AW*hm a a a a a a a 0 a 0 a a a a w a a a v N a a * v K a a 0 a A a a w w a 8 a I a a a a B134 15m6 WORK RELATED ACCIDENT WOO *K#*t Kamm name mammas Magnuson Beam ff Ross assm so MR via* an ousaffil 34 CTION 116. RESERVATION OF RIGHTS ... Manz King mass memo asswasms a MR Kamm MR wassassa We MR same OWWWREEM Raw Kum was Naval 35 a r 0 a p v a a 6 0 a * a a A a a 9 A 0 m m A 0 1 1 a a I a a 0 a 0 2 0 0 a 9 a 1 0 1 a a I a I a a a a 6 0 0 a 0 0 a a 8 a a a a a I a I a 6 a a a a a ff W N v w * a * 0 a 0 a a ft & a 9 a a a I a a 0 a a a 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 upu ullllu"�� F Y 0 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. A 4-k f a P1 V qu�:Juw H (;I uo� 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, �rk r�; IF+ + 1F;1+ I + + A i + n+ �n�cn n �nn+nnf fnr nil V Y J V 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. lniki+nrl frn UO "U " ul "Ca %if U^ �[ "" 7 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. A 1� I A ; +;�no nil in prAwanon mhanowtvar 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