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RESOLUTION NO.A6&-6j-_-c24
A RESOLUTION 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, the City Manager has recommended approval of certain amendments to
the Personnel Policy Manual, attached hereto as Exhibit 1; 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. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full,
Section 2. Personnel Policy Manual Amendments Approved
The City Council of the City of Anna, Texas hereby approves the amendments to the
City of Anna Personnel Policy Manual, attached hereto as Exhibit 1, for use by the City
Manager and City departments in relation to certain organizational operations and
matters related to personnel and human resources.
PASSED by the City Council of the City of Anna, Texas, on this 22nd day of September,
2015.
ATTEST:
Carrie L. Smith, CitySecretary
APPROVED:
4OiVe Crist, Mayor
Amendments to City of Anna Personnel Policy Manual
101.10 Nepotism
(h) Relatives, cohabitants, or roommates may not work in the same division, i in the
same department under the qt�ect_s_ij I ��sa - nrn@diWLe, u NLi
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 setforth below in Section 101.10.1. In
the event of any conflict, the more restrictive provision shall govern.
*106.01 Holidays
(a) The following holidays are declared official holidays for regular full-time and regular
part-time employees:
(1) Federal holidays Lexcept Qolumbus Dayl;
(2) Good Friday-
(3) Friday after Thanksgiving; and
(4) Christmas Eve,
(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 prorated holiday pay. based on theiF regulady SGheduled hours f9F
day.
106.03 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 Eir_sLninet 90 o he ro ry
y Lj qpy�__f j_ p bationa period,
sick leave may not be used as accrued unless spgLcjfica ed under Section
Lic 11Kauthonz___
'103� his Personnel
*Amendments to Section 106.01 (a) shall be effective on January 1, 2016.
Exhibit 1
Amendments to City of Anna Personnel Policy Manual
101.10 Nepotism
(h) Relatives, cohabitants, or roommates may not work in the same division, or in the
same department under the direct supervision of the same immediate SUperviso .
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.
*106.01 Holidays
(a) The following holidays are declared official holidays for regular full-time and regular
part-time employees:
(1) Federal holidays (except Columbus DaV);
(2) Good Friday;
(3) Friday after Thanksgiving; and
(4) Christmas Eve.
(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 prerated holiday pay. based en their regularly SGheduled hours for tha
day.
106.03 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 s . pecifically authorized, under
Section 103.01(f) of this Personnel Policy Manual.
*Amendments to Section 106. 01 (a) shall be effective on Januaty 1, 2016.
City of Anna
Personnel Policy Manual
Approved: March 11, 2014
Amended:
September 22, 2015, Res. No. 2015-09-10
I CITY OF ANNA — Personnel Policy Manual I
Preamble
This Personnel Policy Manual (this "Manual") is prepared for informational and guideline
purposes only and does not constitute a contract in any respect between the City of Anna (the
"City") and its employees. Except as expressly set forth in this Manual or in a written contract
approved by the City Council, employment with the City is at will, and either the employee or the
City may terminate the relationship at any time for any legal reason or for no reason. The City
Manager may 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 for any reason, with or without cause, unless expressly prohibited by law.
The at -will status of an employee may only be modified by written contract between the City and
an individual employee that is duly adopted by the City Council, signed by a duly authorized
representative of the City, and contains express, clear and unambiguous language that
identifies the employee and modifies the at -will status of that employee ("Employment
Contract"). The at -will status in such case shall only be modified as to that individual employee
and only to the extent modified by such contract. All statements in this Manual regarding the at -
will status of City employees or any benefits provided herein shall control over any contradictory
statements by any other 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.
Statements of specific grounds for termination set forth in this Manual or in any other City
documents are examples only, are not all-inclusive lists, and are not intended to restrict the
City's right to terminate at will.
It is the responsibility of each employee of the City to comply with all policies in this Manual and
with other rules and regulations implemented in accordance with this Manual. If there are
questions about any policies, procedures, rules or regulations, they should be discussed with
the immediate supervisor, department head or City Manager, as appropriate.
Every employee in City service should understand that he/she is working for the public. It is the
goal of the City to constantly develop more effective and efficient means to serve its citizens.
Therefore, all employees should thoroughly understand their jobs duties and should possess
respect for their work. Employees are expected to have knowledge of the relation of their jobs
to those of other employees and to the entire City organization.
Individual departments may establish additional policies that are consistent with this Manual.
Such departmental policies must be submitted to and approved by the City Manager. To the
extent that such policies conflict with this Manual, this Manual shall control. Amendments to this
Manual must be prepared by the City Manager and presented to the City Council for approval.
Upon amendment, the modifications shall be distributed to all City employees and all City
employees shall sign an acknowledgement that they have received, reviewed and understand
the modifications (refer to Appendix A-1).
Notwithstanding any other provision of these policies, rules and regulations, the City Council
may exempt individual City employees that the City Council appoints pursuant to its power
Page 1 2
under the City's Home -Rule Charter from the application of certain policies, rules and
regulations and may do so by duly adopted ordinance, resolution or written agreement.
However, the City Council may not grant any exemption that would result in a violation of state
or federal law.
Completion of an introductory or probationary period or "regular status" does not change an
employee's status as an employee -at -will or in any way restrict the City's right to terminate such
an employee or change the terms or conditions of employment.
Page 13
CITY OF ANNA
PERSONNEL POLICY MANUAL
Table of Contents
PREAMBLE......................................................................................................................................................... 2
TABLEOF CONTENTS ..................................................................................................................................... 4
SECTION100. INTRODUCTION ...................................................................................................................... 8
100.01
OBJECTIVES ............................................................................................................................................... 8
100.01.1
DEFINITIONS ..............................................................................................................................................
9
100.02
ADMINISTRATIVE AUTHORITY ......................................................................................................................
12
100.03
APPLICABILITY AND SCOPE ..........................................................................................................................
13
100.04
DISSEMINATION OF MANUAL ......................................................................................................................
13
100.05
AMENDMENTS TO MANUAL ........................................................................................................................
14
100.06
EQUAL OPPORTUNITY POLICY .....................................................................................................................
14
100.07
POLICY DIRECTIVES, DEPARTMENTAL POLICIES ...............................................................................................
14
100.08
EMPLOYMENT AT WILL ..............................................................................................................................
15
SECTION 101. EMPLOYEE HIRING AND APPOINTMENT ........................................................................ 16
101.01
VACANCIES .............................................................................................................................................. 16
101.02
ANNOUNCEMENT OF VACANCIES .................................................................................................................
16
101.03
EMPLOYMENT APPLICATIONS ......................................................................................................................
16
101.04
EMPLOYMENT EVALUATION/DISQUALIFICATION .............................................................................................
17
101.05
AMERICANS WITH DISABILITIES ACT .............................................................................................................
18
101.06
APPLICANT REFERRAL, INTERVIEW AND SELECTION PROCESS .............................................................................
20
101.07
AUTHORITY FOR EMPLOYMENT HIRE ............................................................................................................
20
101.08
EMPLOYMENT STATUS ...............................................................................................................................
20
101.09
EXEMPT OR NON-EXEMPT STATUS ...............................................................................................................
22
101.10
NEPOTISM ...............................................................................................................................................
22
101.10.1
DATING/FRATERNIZATION POLICY ...............................................................................................................
25
101.11
RESIDENCY REQUIREMENTS ........................................................................................................................
27
101.12
PRE -EMPLOYMENT SCREENINGS AND EXAMINATIONS ......................................................................................
27
101.13
EMERGENCY TEMPORARY APPOINTMENTS .....................................................................................................
27
101.14
PROMOTIONS AND TEMPORARY PROMOTIONS ...............................................................................................
27
101.15
LATERAL TRANSFERS ..................................................................................................................................
28
101.16
DEMOTIONS ............................................................................................................................................
29
101.16.1
REDUCTION IN PAY FOR DISCIPLINARY REASONS .............................................................................................
30
101.17
RE -HIRE ELIGIBILITY ..................................................................................................................................
30
101.18
EMPLOYEE ORIENTATION ...........................................................................................................................
30
101.19
EMPLOYEE PERSONAL INFORMATION ............................................................................................................
30
101.20
INTERNSHIPS ............................................................................................................................................
31
SECTION 102. REFERENCE CHECKS AND RECOMMENDATIONS ....................................................... 32
102.01 REFERENCE CHECKS ................................................................................................................................... 32
102.02 RECOMMENDATIONS ................................................................................................................................. 32
SECTION103. PROBATION .......................................................................................................................... 33
Page 14
103.01
PROBATION PERIOD ..................................................................................................................................
33
103.02
COMPLETION OF PROBATION ......................................................................................................................
33
103.03
APPEAL OF FAILURE OF PROBATION ..............................................................................................................
34
SECTION 104. CODE OF CONDUCT ............................................................................................................ 35
104.01
ATTENDANCE/STANDARD WORK HOURs/TiME SHEETS ...................................................................................
35
104.02
WORK STANDARDS ...................................................................................................................................
35
104.03
POLITICAL ACTIVITIES ................................................................................................................................
37
104.03.1
REQUESTS FOR PUBLIC INFORMATION ..........................................................................................................
38
104.03.2
COMMUNICATIONS WITH THE PUBLIC AND THE NEWS MEDIA ...........................................................................
39
104.03.3
COMMUNICATIONS WITH CITY COUNCIL MEMBERS ........................................................................................
39
104.04
SOLICITATION ...........................................................................................................................................
40
104.05
OUTSIDE EMPLOYMENT .............................................................................................................................
40
104.06
HEALTH AND FITNESS ................................................................................................................................
41
104.06.1
TOBACCO FREE WORKPLACE ......................................................................................................................
42
104.07
DRESS CODE/APPEARANCE .........................................................................................................................
43
104.08
FINANCIAL OBLIGATIONS ............................................................................................................................
45
104.09
CONFLICT OF INTEREST/GIFTS .....................................................................................................................
45
104.10
PROFESSIONAL DECORUM ..........................................................................................................................
47
104.11
HARASSIVENTAND SEXUAL HARASSMENT PREVENTION AND DISCIPLINARY POLICY ................................................
47
104.12
INDICTMENTS AGAINST EMPLOYEE ...............................................................................................................
49
104.13
VIOLENCE IN THE WORKPLACE .....................................................................................................................
49
104.14
WORKPLACE BULLYING ..............................................................................................................................
50
104.15
CITY LOGO USE ........................................................................................................................................
51
SECTION 105. COMPENSATION & PERFORMANCE EVALUATIONS ................................................... 52
105.01
COMPENSATION PLAN ............................................................................................................................... 52
105.02
NEW HIRES .............................................................................................................................................
52
105.03
EMPLOYEE PAY SCHEDULE ..........................................................................................................................
52
105.03.1
DEDUCTIONS ...........................................................................................................................................
53
105.04
OVERTIME AND COMPENSATORY TIME .........................................................................................................
53
105.05
CALL -OUT ...............................................................................................................................................
56
105.06
STANDBY (ON -CALL TIME) .........................................................................................................................
56
105.07
TRAVELTiME ...........................................................................................................................................
57
105.08
MEETINGS AND TRAINING TIME ..................................................................................................................
57
105.09
EMPLOYEE PERFORMANCE EVALUATION .......................................................................................................
57
105.10
TRAINING AND DEVELOPMENT ....................................................................................................................
58
105.11
SALARY INCREASES ....................................................................................................................................
63
105.12
LONGEVITY PAY ........................................................................................................................................
63
105.13
SEPARATION PAY ......................................................................................................................................
63
105.14
RETIREMENT ............................................................................................................................................
64
105.15
RECOVERY OF PAY AND/011 BENEFITS ...........................................................................................................
65
SECTION 106.
HOLIDAYS, ABSENCES & LEAVES ..................................................................................
66
106.01
HOLIDAYS ...............................................................................................................................................
66
106.02
VACATION ...............................................................................................................................................
67
106.03
SICK LEAVE ..............................................................................................................................................
69
Page 15
106.04
M I LITARY LEAVE .......................................................................................................................................
71
106.05
BEREAVEMENT LEAVE ................................................................................................................................
72
106.06
JURY/COURT DUTY ...................................................................................................................................
74
106.07
ADMINISTRATIVE LEAVE WITH PAY ...............................................................................................................
74
106.08
AUTHORIZED LEAVE WITHOUT PAY ...............................................................................................................
75
106.09
ABSENCE WITHOUT LEAVE ..........................................................................................................................
76
SECTION 107. FAMILY MEDICAL LEAVE ................................................................................................... 77
107.01
DEFINITIONS ............................................................................................................................................ 77
107.02
ELIGIBILITY ..............................................................................................................................................
78
107.03
CONTINUATION OF MEDICAL BENEFITS .........................................................................................................
80
107.04
NOTIFICATION ..........................................................................................................................................
81
107.05
MEDICAL CERTIFICATION ............................................................................................................................
81
107.06
REDUCED WORK SCHEDULE ........................................................................................................................
82
107.07
USE OF PAID LEAVE ...................................................................................................................................
82
107.08
PARTIES' RESPONSIBILITIES .........................................................................................................................
82
107.09
COORDINATION WITH WORKERS' COMPENSATION BENEFITS .............................................................................
83
107.10
TEMPORARY REPLACEMENTS ......................................................................................................................
84
SECTION 108. EMPLOYEE COMMUNICATIONS POLICY ........................................................................ 85
108.01
OPEN COMMUNICATION/CIPEN DOOR .........................................................................................................
85
108.02
PRIVACY EXPECTATIONS .............................................................................................................................
85
108.03
TELEPHONE USAGE ...................................................................................................................................
86
108.03.1
PERSONAL USE OF CITY PROVIDED CELL PHONES ............................................................................................
86
108.03.2
CELL PHONE ALLOWANCES .........................................................................................................................
86
108.03.3
USE OF PERSONAL CELL PHONES .................................................................................................................
87
108.04
ELECTRONIC COMMUNICATIONS POLICY .......................................................................................................
87
108.04.1
SOCIAL MEDIA POLICY ...............................................................................................................................
92
108.05
WHISTLEBLOWER POLICY ...........................................................................................................................
99
SECTION 109.
AT -WILL, DISCIPLINE, APPEALS AND GRIEVANCES .................................................
101
109.01
DISCIPLINARY ACTION ..............................................................................................................................
101
109.02
GRIEVANCES ..........................................................................................................................................
107
SECTION 110. VOLUNTARY AND INVOLUNTARY SEPARATIONS ..................................................... 109
110.01
RESIGNATION .........................................................................................................................................
109
110.02
REDUCTION IN FORCE ..............................................................................................................................
109
110.03
INCAPACITY ...........................................................................................................................................
109
110.04
RETIREMENT ..........................................................................................................................................
110
110.05
M I LITARY SEPARATION ............................................................................................................................
110
110.05.1
DEATH .................................................................................................................................................
110
110.06
SEPARATION PROCESS .............................................................................................................................
110
SECTION 111. PERSONNEL RECORDS ................................................................................................... 111
111.01 PERSONNEL FILES AND RECORDS ................................................................................................................ 111
111.02 CHANGE IN PERSONNEL STATUS: NEW HIRES ............................................................................................... 112
111.03 PERSONNEL RECORDS AND REPORTS .......................................................................................................... 112
Page 1 6
111.04 EMPLOYMENT VERIFICATION ..................................................................................................................... 112
SECTION 112. EMPLOYEE BENEFITS ...................................................................................................... 113
112.01 WORKERS' COMPENSATION INSURANCE ..................................................................................................... 113
112.02 MODIFIED OR LIGHT DUTY ....................................................................................................................... 115
112.03 SOCIAL SECURITY .................................................................................................................................... 117
112.04 UNEMPLOYMENT INSURANCE .................................................................................................................... 117
112.05 HEALTH RELATED BENEFITS ...................................................................................................................... 117
112.06 CONTINUATION OF GROUP INSURANCE (COBRA) ........................................................................................ 117
112.07 MISCELLANEOUS BENEFITS ....................................................................................................................... 118
SECTION 113. TRAVEL POLICY ................................................................................................................. 119
113.01
APPLICABILITY OF TRAVEL POLICY ...............................................................................................................
119
113.02
AUTHORIZATION REQUIRED ......................................................................................................................
120
113.03
ALLOWABLE ExPENSES .............................................................................................................................
120
113.04
TRAVELADVANCES .................................................................................................................................
122
113.05
TRAVEL ExPENSE REPORT PROCEDURES ......................................................................................................
122
113.06
GENERAL PROVISIONS .............................................................................................................................
123
SECTION 114. EQUIPMENTIVEHICLE POLICY ........................................................................................
125
114.01
PURPOSE OF EQuIPMENT/VEHICLE POLICY ..................................................................................................
125
114.02
APPLICABILITY ........................................................................................................................................
125
114.03
USE OF CITY VEHICLES .............................................................................................................................
125
114.04
CITY DRIVING QUALIFICATIONS ..................................................................................................................
125
114.05
OPERATION AND RIDERSHIP ......................................................................................................................
128
114.06
PRIVATELY OWNED VEHICLES ON CITY BUSINESS ..........................................................................................
129
114.07
SAFETY, MAINTENANCE, AND CARE ............................................................................................................
129
114.08
VEHICLE LOGS ........................................................................................................................................
132
114.09
TAKE HOME VEHICLE POLICY ....................................................................................................................
132
114.10
TRAFFIC CITATIONS AND ACCIDENTS ...........................................................................................................
133
114.11
AUTHORITY OF CITY MANAGER TO CONTROL USE .........................................................................................
134
SECTION 115. SUBSTANCE ABUSE POLICY .......................................................................................... 135
115.01 PURPOSE .............................................................................................................................................. 135
115.02 GENERAL POLICY .................................................................................................................................... 135
115.03 VIOLATIONS ........................................................................................................................................... 135
115.04 SURVEILLANCE, SEARCHES, AND TESTING ..................................................................................................... 135
115.05 PREVENTIVE ACTS ................................................................................................................................... 138
115.06 WORK RELATED ACCIDENT ....................................................................................................................... 138
SECTION 116. RESERVATION OF RIGHTS .............................................................................................. 139
116.01 RESERVATION OF RIGHTS ......................................................................................................................... 139
116.02 OTHER LAWS AND REGULATIONS ............................................................................................................... 139
Page 17
City of Anna
Personnel Policy Manual
Section 100. Introduction
100.01 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.
Page 18
100.01.1 Definitions
The words and terms used in this Manual shall have the meaning indicated as follows (unless
the context in which the word is used clearly indicates otherwise):
Address means the street and number, city, state and zip code of a residence and/or the post
office box mailing address, if applicable.
Administrative leave means an authorized absence with pay.
Anniversary date means the month and date at which one year or additional years of
employment with the City are attained by a regular full-time or part-time employee. If an
employee changes from part-time to full-time status, then the anniversary date is changed to
reflect the date the employee begins full-time status.
Charter or City Charter means the City of Anna, Texas Home -Rule Charter as amended.
City means the City of Anna, Texas.
City's personnel policies mean this Manual and all ordinances, directives, regulations and other
requirements relating to City personnel matters, as amended.
City Council means the governing body of the City of Anna, Texas.
Confidential Information means: (1) all information held by the City that is not available to the
public under the Public Information Act (Chapter 552, Local Government Code, or as amended,
"the Act"), and any information from a meeting closed to the public pursuant to the Texas Open
Meetings Act (Chapter 551, Local Government Code, or as amended), regardless of whether
disclosure violates the Act and/or the Texas Open Meetings Act: and (2) information, whether or
not subject to disclosure under the Act, that has not been made publicly available and that an
employee has access to only because of the employee's status as a City employee or the
employee's presence at City events or facilities that are not expressly open to the public.
Demotion means an assignment of an employee from a position in one classification to a
position in another classification having a lower pay grade.
Department means a major functional unit of City administration, none of which are
independent, jural entities.
Department head means any person, appointed by the City Manager, who is responsible for the
administration of a department.
Employee means any person employed and paid a salary or wages by the City, and includes a
person employed on a temporary or part-time basis, but does not include an independent
contractor, the Municipal Court Judge(s), the City Attorney, a member of an appointed Board or
Commission, or a member of the City Council.
Exempt employee means any employee paid on a salary basis who occupies an executive,
administrative or professional position, or is a computer employee, as defined by the Fair Labor
Standards Act, 29 U.S.C. § 213(a)(17)(as amended). Exempt employees, whether full-time or
part-time, are eligible for all benefits offered by the City to its employees.
Page 19
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.
Human Resources Administrator or Human Resources Department means the individual(s) 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 Human Resources Administrator 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-d iscipl i nary, 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 1 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
position in another classification having a higher pay grade.
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.
TemporarylSeasonal 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;
A seasonal position, even though the assignment may last more than six (6) months;
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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
A part 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.
100.02 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 Human
Resources Administrator shall advise and support management in all areas, including
employee -management relations; training and career development; classification;
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compensation; benefits; retirement; and employee health, safety and morale. When
appropriate and necessary, the City Manager and/or Human Resources Administrator or
their designees shall consult with the City Attorney for additional advice and/or assistance
regarding this Manual and the City's personnel policies in general.
(c) Department heads are responsible for enforcing the City's personnel policies as set forth
in 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 Human
Resources Administrator 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.
(d) The City reserves the authority to modify, revoke, interpret, or terminate any or all of the
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
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.
100.03 Applicability and Scope
(a) The City's personnel policies as set forth in this Manual and elsewhere shall apply to all
employees except:
(1) when superseded by the state or federal constitutions, state or federal legislation;
(2) where expressly stated otherwise in this Manual;
(3) when specific appointment and removal power of an employee is vested in the City
Council by ordinance, or other law, and only to the extent that the City Council has
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 duly adopted
by the City Council that has been duly executed by the City Council's duly
authorized representative.
(b) Failure to comply with these policies may result in appropriate disciplinary action. All City
employees are charged with the responsibility of being thoroughly familiar with all
provisions of these Personnel Policies and Procedures.
(c) Elected officials, the City Attorney, the Judge(s) of the Municipal Court, members of
appointed boards and commissions, persons employed under contract, and personnel
appointed to serve without pay shall not be considered City employees for purposes of
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.
100.04 Dissemination of Manual
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All City employees shall be provided with a copy of this Manual and each department head shall
keep an updated copy available for reference by employees. Whenever feasible, a newly hired
employee should be provided with this Manual prior to reporting for duty on their first day. All
employees must sign a statement that they have been furnished a copy of this Manual, and that
the employee has read and understands it. It shall be the employee's responsibility to become
thoroughly familiar with this Manual and any changes made to these this Manual. Employees
shall not start work and shall not earn any wages, compensation, or benefits until the signed
acknowledgement form has been returned to the Human Resources Administrator (refer to
Appendix A-1).
100.05 Amendments to Manual
Amendments to this Manual must be prepared by the City Manager and presented to the City
Council, who may adopt them, with or without amendment. Upon any amendment to this
Manual, each employee will be notified in writing of the amendment and directed to sign for
having received amendment, and shall sign a statement that they have been furnished a copy of
the amended policy or policies and have read and understand same as soon as is practicable
thereafter.
100.06 Equal Opportunity Policy
(a) It is the policy of the City to afford equal opportunity in all aspects of the employment
relationship to all individuals. Equal Employment Opportunity is the law of the land, and
the City will not discriminate because of race, color, religion, gender, age, national origin,
political affiliation, disability, veteran's status, or other non -merit factors.
(b) This Equal Employment Opportunity policy applies to all aspects of the employment
relationship including but not limited to recruiting, interviewing, testing, ranking, selection,
compensation, promotion, transfer, performance appraisal, training, discipline, layoff, and
discharge.
(c) The City will take necessary action to assure that its personnel policies and procedures
support equal opportunities in employment. However, the City shall evaluate each
individual based on merit and bona fide abilities and qualifications to perform the essential
functions of the job.
100.07 Policy Directives, Departmental Policies
(a) The City Manager may issue personnel policy directives which shall be in the form of
written memorandums, the contents of which may not directly conflict with the policies and
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
in this Manual.
(b) Individual departments may establish additional policies that are consistent with this
Manual. Before being implemented, such departmental policies must be submitted to and
approved by the City Manager. The City Manager may modify such department policies by
issuing a policy directive in the manner set forth above. To the extent that such policies
conflict with this Manual, this Manual shall control.
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100.08 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.
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City of Anna
Personnel Policy Manual
Section 101. Employee Hiring and Appointment
101.01 Vacancies
Department heads shall notify the City Manager of any anticipated vacancies in their respective
departments as far in advance as is reasonably possible to permit sufficient time for the
selection of qualified candidates. Department heads shall notify the City Manager of any
unexpected vacancies as soon as practicable after the vacancy occurs. At the City's discretion,
vacancies may be filled through public announcement, promotions, transfers, demotions or
reinstatement.
101.02 Announcement of Vacancies
Job vacancies may but are not required to be posted on the City website, on bulletin boards
located 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
the job; the required qualifications; whether competition is open to the general public, City
employees or both; and the application deadline. Each announcement shall also contain a
statement affirming the City's commitment to a policy of equal employment opportunity.
101.03 Employment Applications
(a) Applications for employment or reinstatement shall be submitted on an Application for
Employment Form (Appendix A-2), for each vacant position. In addition to the Application
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.
(b) No one shall be employed in any position with the City until a completed application of
employment is provided to the Human Resources Department. All applications for
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,
as well as the accuracy of other data presented throughout the hiring process and
employment. Any misrepresentations, falsifications or material omissions in any of this
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.
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(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.
101.04 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;
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(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 or she:
(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. Should an exception be desired, a formal
review can be requested in writing to the City Manager no sooner than one year after
separation.
(f) An applicant may also be disqualified from consideration upon other reasonable grounds
relating to job requirements.
101.05 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 Human Resources Administrator, 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.
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101.06 Applicant Referral, Interview and Selection Process
(a) The referral of applicants to department heads for selection shall be in accordance with
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 Human Resources
Administrator 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.
(b) The department head will make the selection of the most qualified applicant. The
department 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.
(c) The City may conduct criminal history records checks on all new employees, including
those in part-time, 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.
101.07 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 Human
Resources Administrator 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.
101.08 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.
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101.09 Exempt or Non -Exempt Status
(a) To determine eligibility for overtime pay, employment positions are classified as "Exempt"
or "Non -Exempt" in accordance with federal and state labor laws and these Personnel
Policies and Procedures. Eligibility for overtime pay is identified below:
(1) Exempt — Exempt employees are not eligible for overtime pay, but under limited
circumstances may be granted personal time off during normal work hours for
extra hours worked according to Section 105.04 of this Manual.
(2) Non -Exempt — This classification includes all positions that are not exempt. These
positions are generally eligible for overtime pay.
(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:
Consanguinity (Blood Relationships) and Adoptive Relationships
First Degree
Second Degree
Third Degree
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 Degree
Second Degree
Wife
Brother -in -Law
Husband
Sister -in -Law
Son -in -Law
Grandparent
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Daughter -in -Law
Mother -in -Law
Father -in -Law
Stepmother
Stepfather
Stepdaughter
Spouse's Grandchild
Step-G rand parent
Stepsister
Stepbrother
(3) Cohabitants — Persons who live together in a sexual relationship but are not
married, nor are declared to be married.
(4) Roommates — Any combination of Supervisor(s) and Subordinate(s) sharing the
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.
(c) In addition to any limitations or restrictions under state law or the City's Charter, relatives,
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 or standing, 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:
(1) any person employed by the City before the person related in the above degree
files to run for elective office or is nominated for an appointment, or
(2) any person who is a seasonal employee or intern of the City.
(d) No City employee shall be supervised directly by a relative, cohabitant or roommate. City
employees will not be transferred or promoted into positions that would cause them to be
in a direct supervisor/subordinate relationship with a relative, cohabitant, or roommate.
(e) All external applicants for employment must, at the time of application and hire, 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. 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
violation of this policy. The affected employees must inform the Human Resources
Department of the relationship that violates this policy within five business days of 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.
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(g) All employees who are being considered for promotion or transfer 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. Non -disclosure may result in disciplinary action, up to and including,
termination.
(h) Relatives, cohabitants, or roommates may not work in the same division, or in the same
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.
(Amended 912212015, Res. No. 2015-09- 10)
(i) The hiring and promotion of relatives, cohabitants, or roommates shall not be allowed,
even in different departments, if that action creates a conflict, or the appearance of a
conflict of 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.
A current City employee may not be involved in the hiring or selection, or the
recommendation of hiring or selection of a relative, cohabitant, or roommate.
(k) Supervisors may not participate in disciplinary decisions or appeals involving his/her
relative, cohabitant(s), or roommate(s).
(1) When a relationship is created which is not allowed by this policy or a departmental rule,
one of the employees must resign his/her position. The decision as to which employee
shall 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
department head.
(2) The department head will notify the Human Resources Department of the potential
policy violation.
(3) If the Human Resources Department determines there is a policy violation, the
Human Resources Administrator will notify the effected employee(s) and the City
Manager of the policy violation.
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(4) Upon receipt of notification of the policy violation, the affected employees shall be
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 15-day post notification period, the affected employees shall be given
an additional fifteen (15) calendar days in which to vacate one of the positions.
(5) If the employees fail to make a decision as to whom should vacate his/her position
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.
(6) There are some departments/positions within the City that, because of the nature
of 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:
1. City Secretary's Office
2. City Manager's Office
3. Finance Department
4. Human Resources Department
(m)The City reserves the right to designate additional departments/positions to those listed in
subsection (1), above, as necessary, to prevent adverse impact on the work environment. If
relatives, cohabitants, or roommates are mistakenly awarded these positions, the
opportunity for alternate placement described earlier in this practice would apply.
101.10.1 Dating/Fraternization Policy
(a) The City encourages a collegial and supportive atmosphere at work for its employees.
However, interpersonal relationships such as dating or romantic relationships between
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
employee as doing so could impair the supervisor's judgment with respect to the
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 Human
Resources Administrator 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
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reminded that the qualities of good judgment, discretion, and compliance with guidelines
are all taken into account when considering future advancement opportunities and salary
increases.
(c) In addition to the types of relationships prohibited under subsection (b), relationships or
social activity between two or more employees is prohibited if such relationship or activity:
(1) has the potential or effect of involving the employees, their coworkers, or the City
in any kind of dispute or conflict with other employees or third parties that is
disruptive to the workplace;
(2) unreasonably interferes with the work of any employee;
(3) creates a harassing, demeaning, or hostile working environment for any employee;
(4) disrupts the smooth and orderly flow of work within the workplace, or the delivery
of services to the City's clients or customers;
(5) harms the goodwill and reputation of the City; or
(6) tends to place in doubt the reliability, trustworthiness, or sound judgment of the
persons involved in the relationship.
Such relationships or activities must be promptly disclosed to the Human Resources
Administrator or to the City Manager, as appropriate. The employee(s) responsible for
such problems will be subject to counseling and/or disciplinary action, up to and
potentially including termination of employment, depending upon the circumstances.
(d) Employees who conduct themselves in such a way that their actions and relationships with
each other foreseeably become the object of gossip among others in the office, or cause
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 Human Resources Administrator 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 they are consistent with the above rules and guidelines. Employees may address any
questions on this policy to the Human Resources Administrator or the City Manager, as
appropriate.
(f) The terms "dating" and "romantic relationship" as used in this section include, but are not
limited to casual dating, serious dating, casual sexual involvement, and any other conduct
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
104.11 of this Manual. The restrictions on romantic relationships in this section apply
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regardless of the sexual orientation of the employees involved. This policy shall be
implemented in a nondiscriminatory manner and the City shall take any steps necessary to
avoid disparate impact on either sex.
101.11 Residency Requirements
Except as outlined in the City Charter, there shall be no absolute residency requirements for
City employment. However, departmental policies and job descriptions outlined at the time of
hire may require a specific response time for those employees likely to be called to work in
cases of emergency. Such employees may be required to reside within a reasonable
commuting range of their places of work. For these purposes, a reasonable commuting distance
shall be defined as twenty miles from the City. The City Manager shall make any final
determination regarding acceptable response time or distance for key personnel. Employees
who are allowed to operate City vehicles between their places of residence and work may be
required to reside within the City or a reasonable commuting range as defined above.
101.12 Pre -Employment Screenings and Examinations
(a) Individuals who receive an offer of employment from the City must undergo a drug
screening 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
screening. The lab work will be covered at the expense of the City.
(b) When job -related and based on business necessity, certain pre -designated positions may
also require individuals to take a medical and/or physical examination at City 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.
(c) The Texas Commission on Law Enforcement Officer Standards and Education requires
that all peace officers be examined by a licensed psychologist who certifies that they are in
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.
101.13 Emergency Temporary Appointments
The City Manager may hire temporary employees in cases of emergencies, or unusual or
extraordinary circumstances that create demands for service that exceed the work force
capabilities of the City.
101.14 Promotions and Temporary Promotions
(a) "Promotions" are position changes to classes with higher maximum salaries or wages
and/or positions that carry additional responsibilities. Qualified employees may apply for
promotion to vacant positions when positions are advertised or posted. To be eligible for a
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promotion, an employee must meet the current minimum requirements for the vacant
position.
(b) Probationary employees are generally not eligible for promotion during the probationary
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.
(c) The following process shall be utilized for promotions:
(1) Application. A current City employee applying for a position outside the employee's
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).
(2) Contacts. The applications submitted by qualified employees shall be delivered to
the Human Resources Department and the department head. The department
head may contact applicants to arrange interviews.
(3) Transfer Dates. If a current employee is selected to fill a vacancy in a different
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.
(4) Promotion Initiation and Approval Level. The department in which a transferred
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
Manager.
(d) Temporary or interim promotions may be authorized to ensure the proper performance of
City functions, if a position is vacant or the regular incumbent is absent. Temporary
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.
(e) Exceptions to the procedures in this section may be made by the City Manager when it is
in the best interest of the City.
101.15 Lateral Transfers
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(a) A lateral transfer is the assignment of an employee from one position to another position
without a change in compensation. Qualified employees may apply for lateral transfers to
vacant positions when the positions are advertised or posted.
(b) Probationary employees are not eligible for lateral transfer during the probationary period.
Exceptions may be granted by the City Manager when such lateral transfer is in the best
interest of the City.
(c) The transfer process is described below:
(1) Application. Employees applying for positions outside their departments must
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 A-2).
(2) Contacts. Qualified employees referred to the Human Resources Department may
be contacted by the department head for interview arrangements.
(3) Transfer Dates. If an employee is selected to fill the vacancy, the Human
Resources 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 date. Transfers must be effective the first day of a payroll
period.
(4) Transfer Initiation. The department in which a transferred employee will be placed
must initiate a Personnel Action Form (Appendix A-4) to transfer the employee.
See additional information in the subsection below to be stated in the Personnel
Action Form if the promotion is temporary.
(5) Transfers. Lateral transfers may be implemented at any time by the City Manager
for administrative convenience.
(6) Approval Levels. The signature/approval level for lateral transfers is the City
Manager. Approvals will be documented on a Personnel Action Form (Appendix A-
4).
(7) Exceptions to the procedures in this section may be made by the City Manager
when it is in the best interest of the City.
101.16 Demotions
(a) A demotion is the assignment of a City employee from the employee's currently held
position to a new or different position that provides less compensation. A demotion may
occur as a disciplinary measure or for poor work performance.
(b) Employees qualified to perform lower -level position duties may be approved for
administrative demotion at their own request. Administrative demotions may be
alternatives to layoffs or terminations. Administrative demotions shall not be considered
disciplinary actions nor disqualify employees involved from consideration for later
advancement. Demotions implemented as alternatives to layoffs may be fully or partially
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rescinded at any time. Probationary employees generally are not eligible for voluntary
demotion during the probationary period. Exceptions may be granted by the City Manager
when such voluntary demotion is in the best interest of the City.
(c) All demotions must be approved by the City Manager.
101.16.1 Reduction in Pay for Disciplinary Reasons
An employee's pay for continued performance in the same position may be reduced as a
disciplinary measure. The period covered by this type of disciplinary action may not exceed
sixty days. Any pay reduction for disciplinary reasons must be authorized by the City Manager.
101.17 Re -Hire Eligibility
Former employees of the City who left employment in good standing are considered eligible for
rehire. Former employees of the City who were dismissed for reasons of misconduct or
inadequate performance are considered ineligible for rehire. Should an exception be desired, a
formal review can be requested in writing to the City Manager no sooner than one year after
separation. Upon separation from employment, the status of eligibility for rehire shall be set forth
in a Personnel Action Form (Appendix A-4).
101.18 Employee Orientation
(a) Upon hire, new employees shall go through a thorough orientation about the nature of the
job, the benefits, obligations and responsibilities of 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.
(b) In addition, the City shall obtain information needed for insurance programs, determining
citizenship status, etc., such as date of birth, that were not provided for in the application
for employment.
(c) To the extent the following has not occurred before orientation, it should be the first step in
the employee's orientation: (1) this Manual should be provided to and read by the
employee; and (2) the employee shall provide the Human Resources Administrator with a
signed copy of the acknowledgement form (refer to Appendix A-1).
101.19 Employee Personal Information
(a) Duty to Update. All employees are required, as a part of their employment duties, to
furnish to their department head any change in address and telephone number, and to
keep current a designation of beneficiary form. This information shall be forwarded to the
Human Resources Administrator to be filed as a part of the personnel records of the
employee.
(b) Public Information Act. Much of the information regarding employees of a governmental
entity such as the City of Anna is subject to disclosure to the public under the Texas Public
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
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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 wl�o do not wish the information consisting of their address, home telephone
number, or which reveals whether the employee has family members must notify the
Human Resources Administrator 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 of 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.
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City of Anna
Personnel Policy Manual
Section 102. Reference Checks and Recommendations
102.01 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 to the Human
Resources Administrator. Examples of requested items shall include, but not be limited to:
(1) Verification of employment for loan and/or 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 Human Resources Administrator shall inform an employee whose information has
been requested. Unless the employee signs a release specifying specific additional
information to be released, the Human Resources Administrator will release only the dates
of employment, position held and final salary, subject to any requirement to release
additional information if required by law.
102.02 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.
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City of Anna
Personnel Policy Manual
Section 103. Probation
103.01 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.
103.02 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.
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(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.
103.03 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.
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City of Anna
Personnel Policy Manual
Section 104. Code of Conduct
104.01 Attendance/Standard Work Hours/Time Sheets
(a) All employees are expected to be regular in attendance, report to work as scheduled, and
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.
(b) In general, the City's business hours are from 8:00 a.m. to 5:00 p.m., Monday through
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.
(c) Unless otherwise authorized, an employee may take no more than two 15-minute rest
periods each full work day if duties permit. Rest periods shall be 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 not taken.
(d) For pay purposes the work week begins at 12:01 am on Monday and ends at midnight on
the following Sunday. The work week for eligible non-exempt police officer and firefighter
employees runs on a 28-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.
104.02 Work Standards
(a) Employees while on duty are at all times individually responsible for conducting
themselves in a professional and ethical manner and for treating coworkers and members
of the public 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 their conduct.
(b) Grounds for immediate dismissal of an employee may include, but are not limited to:
(1) Use of intoxicants or controlled substance while on duty, or reporting for duty while
under the influence of intoxicants or otherwise violating any polices related to
controlled substances or substance abuse;
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(2) Unauthorized possession of firearms, explosives or any dangerous weapons at
any 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;
(8) Willful or reckless misuse, 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 or records;
(10) Repeated or habitual absenteeism, even if excused, or tardiness;
(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;
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(14) Engaging in activities other than assigned work during working hours and/or
while operating City equipment, without advance approval by the employee's
supervisor;
(115) Use of City property or time for personal financial gain or personal enjoyment;
(16) Failure to report occupational injuries or accidents promptly to the employee's
supervisor, including but not limited to motor vehicle accidents in a City vehicle;
(117) Violation of the ordinances of the City or of the City's personnel policies;
(18) Non-compliance with any written or established departmental policy; or
(19) Any reason or no reason as deemed appropriate by the City Manager.
(c) The City will make reasonable efforts to establish a positive working climate in which
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.
(d) It shall be the duty of each employee to maintain high standards of cooperation,
proficiency, 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 that time.
(e) Paid time off may be provided to conduct person nel-re lated business such as Workers'
Compensation claims, promotion and transfer applications, discrimination complaints,
grievances and insurance claims. These activities may be accomplished during working
hours only with knowledge and approval of the employee's supervisor.
104.03 Political Activities
(a) Employees may exercise their rights as citizens to express their opinions and vote in
elections subject to the following:
(1) Employees may not make, solicit or receive any contribution for any candidate for
public office in the City, or take part in the management, affairs or political
campaign of such candidate.
(2) Employees may not use their position as a City employee to actively campaign for,
or against, political issues or candidates.
(3) Employees may not campaign for or against any candidate for elective office at the
city, county, state or federal level, or any voter proposition of the City of Anna,
during 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.
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(b) If any employee of the City shall become a candidate for nomination or election to any
elective public office for the City, then that employee shall immediately forfeit his or her
place or position with the City.
(c) Any City employee who is subject to the provisions of the Federal Hatch Act may not be a
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
in part by loans or grants made by the federal government.
104.03.1 Requests for Public Information
(a) Unless an employee is otherwise directed by the employee's department head in writing
as 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.
(b) If an employee receives what appears to be a request for public information via email the
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:
Please be advised that if the email/fax that I received on
—, 20—, at — —.m. was intended to be a request for public
information, I am not an authorized officer for public information for the City of
Anna and therefore I cannot respond to the request. A request for public
information may be sent to the City Secretary in accordance with The Anna City
Code of Ordinances, Part 11, Art. 48, Sec. 8. The Code can be accessed at
www.annatexas.gov or by sending a written request for the Code to the City
Secretary. If you have questions about this, please direct them to the City
Secretary. Thank you for your cooperation.
(c) If an employee continues to receive additional requests for information by email or fax
from the same requestor after the employee has provided the requestor with the response
set 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
email or fax (e.g., hand delivery, regular mail, courier, etc.) the employee shall promptly
(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 section, except that if a department head is the recipient of a written request for public
information submitted other than by email or fax (or if a subordinate provides you with a
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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 City
Secretary.
(f) Certain exception to this section may apply if a department head has already established
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.
104.03.2 Communications with the Public and the News Media
(a) Communication with the public regarding City matters is the primarily the responsibility of
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 and appropriate department heads.
(b) Any employee who, in the course and scope of employment, receives a news media
inquiry or request for a media interview concerning City affairs shall immediately refer the
inquiry to his/her department head. Employees in the course and scope of employment
duties shall not provide the City's position in response to a media inquiry without prior
authorization from his/her department head or the City Manager. Before responding to a
media inquiry or interview request, the department head shall notify the City 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.
104.03.3 Communications with City Council Members
(a) Except for the purpose of inquiries and investigations as provided by the City Charter, City
Council members must deal with City officers and employees who are subject to the
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,
accurate and factually correct information regarding City operations. In response to
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 notify his or her supervisor and Department Director. Department
Directors shall promptly notify the City Manager.
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(2) Department Directors shall immediately notify the City Manager when a request
from a City Council Member is received. Information requested by City Council
members will be provided consistent with the requirements of the Texas Public
Information Act. Absent extraordinary circumstances, any information provided to
one City Council Member shall be available to each member of the City Council.
The City Manager and City Secretary will also receive copies of all information
provided to City Council Members.
(c) Employees or volunteers who violate this Section or fail to follow the procedures outlined
in this Section will be subject to disciplinary action up to and including termination of
employment.
104.04 Solicitation
(a) Employees may not solicit other fellow employees or citizens while working or while their
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.
(b) In some instances, the City may consider the collection of money for particular causes or
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.
(c) The City does not allow employees to distribute advertising materials, handbills, printed or
written literature of any kind in work locations. The City does not allow employees to
engage 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.
104.05 Outside Employment
(a) Each full-time employee of the City shall understand that his/her position with the City is
his or her primary occupation and it shall take precedence over all outside employment at
all 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 outside employment, must so advise the appropriate department head or designee
and receive approval to continue the outside employment.
(c) An employee may be employed in any capacity in any other business, trade, occupation or
profession, including self-employment, provided that prior written approval of the
department head is secured. Such approval must be placed in the employee's personnel
file. Failure to acquire prior approval is grounds for disciplinary action.
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(d) When engaged in outside employment, the employee must notify the department head in
writing of the place and type of employment or business, and the hours of work. An
employee whose position with the City requires an "on -call" status shall recognize such
status as an obligation to the City, and shall fulfill that obligation if called to work for the
City during these hours even while working on the second job.
(e) Outside employment shall not be permitted if it will bring the City into disrepute, reflect
discredit upon the employee as an employee of the City, or interfere with the performance
of the employee's City duties.
(f) An employee shall not perform any outside work or engage in extra -duty employment at
any 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.
(g) No employee shall engage in any employment or business where the work performed by
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.
(h) No employee shall engage in any employment or business on a matter that is, or has
been, the subject of an investigation by the employee's department within the last twelve
(12) months, nor may the employee appear as a witness, except by court order, in any
proceeding as a result of such employment.
(i) No employee shall identify himself with his position, department, or the City in the course
of a sale or solicitation for sale of any goods or services or the advocacy of any policy,
practice, standard or position not officially sanctioned by the City.
No employee at any time shall use or utilize City property, equipment, goods or services in
the performance of outside employment.
(k) Department heads are prohibited from engaging in any form of outside employment,
except as may be specifically approved in writing by the City Manager.
(1) An employee of the City who holds another office of emolument or position of honor, trust
or profit shall be subject to the provisions of the Texas Constitution, Art. XIV, § 40.
104.06 Health and Fitness
(a) It is the continuing responsibility of each employee to maintain the standards of physical
and mental health fitness required for performing the essential duties of his or her position.
An 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
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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 not prohibited by law. The City also may require employees to return to
a physician or health care provider for additional evaluation or information. If an employee
is unable to perform the essential duties of his assigned position, reasonable
accommodations, if available, shall be made by the City to provide for the employee to
perform such duties, provided that such accommodations would not cause an undue
burden. If a reasonable accommodation cannot be made without undue burden to the City,
and the employee is unable to perform the essential duties of the assigned position, the
employee may be terminated.
(b) Department heads may require periodic special examinations to qualify for continued
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.
(c) A City designated physician will perform any physical or medical examination. The City will
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.
(d) The City may also require a physical examination by its physician before authorizing an
employee to return to work following either an on-the-job or an off -the -job injury or other
incapacity of the employee that has required the employee to take leave from their job
duties.
104.06.1 Tobacco Free Workplace
(a) Smoking is prohibited in the following locations:
(1) within all buildings that are owned, leased, controlled or operated by the City and
any political subdivision of the state;
(2) on any lot or tract owned by the City of any political subdivision of the state, and on
which there is a building described in subsection (a) above or on which there is any
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;
(3) in all public parks and public recreation areas that are owned or operated by the
City or any political subdivision of the state, including but not limited to recreation
fields, 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
by the City Council, or this Manual.
(b) Notwithstanding the prohibitions in subsection (a) above, smoking is not prohibited in
personal automobiles, public rights -of way, and public sidewalks located within public
rights -of -way, except as otherwise prohibited by City Ordinance or this Manual.
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(c) Smoking and the use of smokeless tobacco products, including but not limited to
Electronic cigarettes, by employees and volunteers may occur only before and after work
hours, during designated breaks set by the supervisor, and during lunch breaks. The use
of any tobacco products (smoke or smokeless) and Electronic cigarettes by employees
and volunteers is prohibited in any City owned building, vehicle, or piece of equipment,
and in locations that are accessible or visible to the general public. The for purpose of this
section, "Electronic cigarette" or "e- cigarette" means an electronic device usually
composed of a mouthpiece, a heating element or atomizer, a battery, and electronic
circuits that provides a gas derived from liquid nicotine and/or other substances which is
inhaled by a user simulating smoking. The term includes such devices, regardless of the
details of the product appearance or marketed name, generally manufactured to resemble
cigarettes, cigars, pipes, or other smoking devices.
104.07 Dress Code/Appearance
(a) General Guidelines: Dress, grooming, and personal cleanliness are vital to the City's
image 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.
(b) Employees who are required to wear uniforms and specified apparel will be provided new
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.
(c) Employees are expected to dress appropriately for their job and the nature of the work
performed. Employees that do not wear uniforms provided by the City must adhere to the
following guidelines:
(1) Males. Slacks or dress type trousers, long or short sleeve shirts with collars, or
dress shirts with coat or blazer, and appropriate shoes or boots.
(2) Females. Dresses, skirts, or slacks and blouses or sweaters, and appropriate
footwear.
(3) Both sexes. No hats, shorts, jeans with holes, and no t-shirts. Friday shall be a
standing casual day, allowing employees the freedom to wear blue jeans without
rips, holes or excessive decorations and collared shirts, sweaters, or other tops
that are appropriate for a professional business setting. The City Manager may
declare a casual day at any time.
(d) Employees who work at City Hall or a City Hall Annex, as well as other City employees
who routinely have contact with citizens and other third parties, must also abide by the
following:
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(1) No visible tattoos. Employees who have tattoos must keep them covered with a
shirt, pants, skirt, socks, hosiery, or other clothing.
(2) No facial or mouth jewelry shall be worn, except that females are permitted to wear
a single or double earring in each earlobe provided the earring is not otherwise
unprofessional in appearance. Men may not 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 any employee:
(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.
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(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.
104.08 Financial Obligations
No person who, after notice of any delinquency, is in arrears in the payment of taxes or any
other liabilities due the City, is qualified to hold any compensative position with the City.
Failure to pay other just debts may constitute grounds for disciplinary action if job
performance is directly or indirectly impeded.
104.09 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
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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 the
City, 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
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(4) exchanging gifts at or receiving a bonus from his or her place of full-time
employment;
(5) accepting a non -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
(6) exchanging gifts between co-workers in recognition of special milestones in an
employee's life or career.
104.10 Professional Decorum
(a) All employees must adhere to high standards of public service that emphasize
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.
(b) The actions of one employee impact the credibility of all other employees either in a
positive 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.
104.11 Harassment and Sexual Harassment Prevention and Disciplinary Policy
(a) The City is an equal opportunity employer. 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, citizenship, disability, genetics, veteran status, or other
unlawful basis is prohibited. All City employees are entitled to a workplace free of unlawful
harassment by management, supervisors, co-workers, 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.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment, or
(2) submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual, or
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(3) such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive work
environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may
involve individuals of the same or different gender. Conduct prohibited by this policy
includes, but is not limited to: sexual advances; requests for sexual favors; sexual jokes and
innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual
prowess, sexual preference, sexual experiences, or sexual deficiencies; leering, whistling, or
touching; insulting or obscene comments or gestures; display in the workplace of sexually
suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual
nature.
(c) Other Prohibited Harassment. In addition to the City's prohibition against sexual
harassment, harassment on the basis of any other legally protected characteristic is also
strictly prohibited. This means that verbal 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.
(1) Prohibited conduct includes but is not limited to epithets, slurs and negative
stereotyping; threatening, intimidating, or hostile conduct; denigrating 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 prohibits sending, showing, sharing, or distributing in any form,
inappropriate jokes, pictures, comics, stories, etc., by means such as facsimile, e-
mail, texting, cell phone or other electronic devices, social media, and/or the
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.
(d) Mandatory Reporting. The City requires that all employees, including supervisors and
department head, report all perceived incidents of unlawful discrimination, harassment, or
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, human resources director, or City manager. Under this policy, an
employee may report to and/or contact the human resources director or department
directly, or the City Manager directly, without regard to the employee's normal chain of
command. If making a report of unlawful harassment or discrimination, employees are
encouraged to use the Discrimination/Harassment/SexuaI Harassment Complaint Form
(refer to Appendix A-5).
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(e) Investigation. All reports (verbal, written, or anonymous) of prohibited conduct will be
treated seriously and investigated promptly in as confidential a manner as appropriate and
can be expected during the investigative process that will usually 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 human resources director 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.
(f) Retaliation Prohibited. Retaliation against employees who make a good faith charge or
report of prohibited conduct or who assist in a complainant's investigation is prohibited.
Acts of retaliation must be reported immediately as set out above in subsection (d).
(g) Discipline. Conduct prohibited by this policy is of a very serious nature and will be dealt
with 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 engages 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 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.
(h) This policy (Section 104.11) extends to non -employees such as suppliers, contractors,
City Council members, appointed officials, sales representatives, and job 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.
104.12 Indictments Against Employee
An employee may be suspended and placed on administrative leave, with or without pay, if
accused or indicted for a crime of official misconduct or any felony crime or Class A
misdemeanor pending a decision on the indictment such as dismissal, acquittal or
conviction. If the indictment is dismissed or if the employee is acquitted, the employee could
still be subject to disciplinary action up to and including termination, depending on the
circumstances. If the indictment is upheld, and the employee is convicted, then the
employee, depending upon the severity of the crime, will be subject to disciplinary action up
to and including termination. This provision in no way prevents the City from taking
appropriate disciplinary action against an employee in the absence of an accusation or
indictment for a crime of official misconduct or any felony crime or Class A misdemeanor.
104.13 Violence in the Workplace
(a) The City has a strong commitment to its employees to provide a safe, healthy and secure
work environment. The City also expects its employees to maintain a high level of
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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 coercive.
(b) Any person who acts or speaks in a violent or threatening manner will be removed from
the 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.
(c) At the City's sole discretion, employees and/or the public may be barred from City
premises pending the outcome of an investigation. Employees barred from City premises
on this basis will be placed on either paid or unpaid administrative leave, at the discretion
of the City Manager.
(d) The City has zero tolerance for violence or threats of violence between or by employees,
officials, or representatives of the City, whether conducted on or off City premises. This
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 employee is injured while participating in aggressive behavior or after instigating such
behavior, then entitlement to workers' compensation benefits may be denied. No part of
this 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.
104.14 Workplace Bullying
(a) The City is dedicated to maintaining a psychologically healthy work environment which is
free of bullying activity. For the purposes of this policy, "workplace bullying" is defined as
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 their job duties (work interference or sabotage).
(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
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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 and images (hereinafter "Logo") are exclusively the property of the City and the
City is the owner of all rights to the Logo. It is the policy of the City to exercise due diligence to
assure that misuse of its Logo (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 without express written authorization of the City Manager. Such written
authorization will be in the form of a grant of license to use the Logo. Requests for such use
shall be made on an application form to be provided by the City Secretary's office. Any
unauthorized use of the Logo 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.
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City of Anna
Personnel Policy Manual
Section 105. Compensation & Performance Evaluations
105.01 Compensation Plan
(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.
105.02 New Hires
(a) In establishing new hiring rates, consideration will be given to the position in range as to
whether it allows sufficient room for future growth and its relationship to rates paid to
similarly 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.
(b) The following factors shall be considered in determining a new hire rate:
(1) salaries paid to incumbents in the position and across the City;
(2) salary range of the position;
(3) qualifications of individuals versus qualifications of incumbents in the position; and
(4) budget considerations.
105.03 Employee Pay Schedule
Delivery of bi-weekly payrolls will be by electronic transfer with direct deposit to the
employee's account in a designated financial institution. Payroll will not be issued other
than on designated pay days. No salary advances or loans against future salary will be
made to any employee for any reason.
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105.03.1 Deductions
(a) Deductions will be made from each employee's pay for: Federal Income Tax; Social
Security; Texas Municipal Retirement System Contributions (for regular full-time
employees and covered part-time employees); court ordered child support; an amount
required to 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 by law
(b) In accordance with the policies and general procedures approved by the City Council of
the City, deductions from an employee's pay may be authorized by the employee for:
group 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.
105.04 Overtime and Compensatory Time
(a) Overtime, when ordered for the maintenance of essential City functions, shall be allocated
as uniformly as reasonably possible among all eligible employees. Eligible employees,
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
discretion of the department head and City Manager in order to offset amounts that would
otherwise be paid for overtime hours worked (compensatory time received by an
employee in lieu of cash must be at the rate of one and one-half hours of compensatory
time for each hour of overtime work), as stipulated by the Fair Labor Standards Act, and
as follows:
(1) The use of compensatory time off is not authorized unless approved in advance
and in writing by the City Manager. The department head is responsible for the
administration of compensatory time off in lieu of overtime pay.
(2) The use of accrued compensatory time off will be granted to employees within a
reasonable period of time of the employee's request to use same, unless the
granting of such time off would unduly disrupt the effective functioning of the
department. The City does not guarantee that an employee will be able to use
compensatory time off on the date(s) that the employee requests to use same.
Requests for use of compensatory time off are the employee's responsibility and
shall be made in the same manner as other leave requests. Department heads
may also exercise control over accrued compensatory time by requiring the
employee to use it at times determined by the department head. Unless granted
an extension by the 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 time. If the City Manager grants an extension, it may not be
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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 from employment, employees must be paid for all accrued
compensatory time that has not lapsed at the employee's rate of pay at
termination.
(4) Each department is responsible for maintaining records of compensatory time ofi
earned and taken by or paid to employees within the Department, and for keeping
them current and on file in the Department.
(5) The City's ability to make an election to provide compensatory time off instead of
overtime pay is a term and condition of employment.
(c) Overtime and Compensatory Time Off for Eligible Non -Exempt Employees Other Than
Eligible Non -Exempt Police Officer and Firefighter Employees. The official work period for
eligible non-exempt employees is a 7-day period. Eligible non-exempt employees will
receive overtime pay or compensatory time off for any hours worked in excess of 40 hours
in the 7-day work period. It is the policy of the City to grant hours off during the work
period if an eligible non-exempt employee works or is scheduled to work more than 40
hours in a 7-day work period. In the event it is not possible to grant time off during the
same work period in which actual hours worked are above 40 in a 7-day work period, the
eligible non-exempt employee will receive 1.5 times the pay rate or 1.5 hours in
compensatory time off for each hour worked in excess of 40 in a 7-day work period. An
employee may accrue up to a maximum of 40 hours of compensatory time off. The
decision to pay overtime pay or grant compensatory time off shall be at the sole discretion
of the department head and City Manager with consideration given to budgetary
resources. The City's ability to make an election to provide compensatory time off instead
of overtime pay is a term and condition of employment.
(d) Overtime and Compensatory Time Off for Eligible Non -Exempt Police Officer Employees.
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 work period, the eligible non-exempt police
officer employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off
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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 29 CFR Part 553, and shall form a part of the City's payroll records. For the purposes
of this subsection (d), "Eligible Non -Exempt Police Officer Employees" include only
uniformed or plainclothes members of the City's Police Department who have: (1) the
statutory power to enforce the law; (2) the power to arrest; and (3) participated in a special
course of law enforcement training.
(e) Overtime and Compensatory Time Off for Eligible Non -Exempt Firefighter Employees.
The official work period for eligible non-exempt firefighters is a 28-day period. Eligible
non-exempt firefighter employees will receive overtime pay or compensatory time off for
any hours worked in excess of 212 hours in the 28-day work period with the first pay
period paid for standard non -overtime hours and with overtime and/or compensatory time
off figured after the 212 hours worked during the entire 28-day period. It is the policy of
the City to grant hours off during the work period if an eligible non-exempt firefighter
employee works or is scheduled to work more than 212 hours in a 28-day work period. In
the event it is not possible to grant time off during the same work period in which actual
hours worked are above 212 in a 28-day work period, the eligible non-exempt firefighter
employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off for each
hour worked in excess of 212 in a 28-day work period. An employee may accrue up to a
maximum of 40 hours of compensatory time off. The decision to pay overtime pay or
grant compensatory time off shall be at the sole discretion of the department head and
City Manager with consideration given to budgetary resources. The City's ability to make
an election to provide compensatory time off instead of overtime pay is a term and
condition of employment. 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 of sleep time may not be compensated
for and may not be counted as hours worked for purposes of calculating overtime hours;
and, (2) designated meal times may not be compensated for and may not be counted as
hours worked for purposes of calculating overtime hours. The policy, stated above,
excluding certain time for sleep hours and designated meal times from overtime
compensation does not apply to a regular 24 hour shift that starts early or is extended due
to emergency call out, or to an employee that, with the permission of the department head,
works a shift normally assigned to another employee resulting in the employee working
consecutive 24 hour shifts. This provision is adopted pursuant to section 207(k) of the
FLSA and 29 CFR Part 553, and shall form a part of the City's payroll records. For the
purposes of this subsection (e), an "Eligible Non -Exempt Firefighter Employee" includes
only an employee of the City who is trained in fire suppression, has the legal authority and
responsibility to engage in fire suppression, and is engaged in either: (1) preventing,
controlling and extinguishing fires; or (2) responding to emergency situations where life,
property or the environment is at risk.
(f) All paid leave, including but not limited to sick leave, vacation leave, holiday 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.
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(g) Exempt Employees. Exempt personnel are paid a salary and are not eligible to receive
overtime compensation. Exempt personnel are expected to work the hours necessary to
complete their job assignments, and it is expected that all exempt employees will
occasionally be required to work additional hours to accomplish assigned tasks. Hour for
hour compensatory time off is not authorized for Exempt employees; however, when
possible, these employees will be allowed time off to discharge personal responsibilities as
time and work load permits.
105.05 Call -Out
(a) A non-exempt employee called out to work after he/she has been released from his/her
normal work day shall be credited with a minimum of two (2) hours for the time between
reporting for duty and release from such duty should actual time worked not exceed two
(2) hours. This provision does not apply in the case of pre -scheduled overtime.
(b) If the employee completes the work required in the initial call -out, and is subsequently
called out within the same initial two-hour guarantee, he/she shall be paid for the actual
time worked, or the minimum two (2) hour guarantee, whichever is greater. A second
call -out within the initial two-hour guarantee period does not commence a second two-
hour guarantee. An employee will not be paid more than the two hour guarantee unless
he/she actually works more than two hours. If the employee receives a subsequent call -
out, after the expiration of the initial two-hour period, such subsequent call -out shall
commence an additional two-hour guarantee.
(c) Call -out time will be paid at the applicable overtime rate only if the employee has
exceeded 40 hours worked for the work week (or the equivalent maximums for police
and firefighter employees). Any time less than 40 hoursJor the equivalent non -overtime
hours for police and firefighter employees) including call -out time will be paid at straight
time.
105.06 Standby (On -Call 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 or call -outs.
(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.
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105.07 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.
105.08 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) The course, lecture, or meeting is not directly related to the employee's job. If a
training course is undertaken for the purpose of preparing for advancement
through upgrading the employee to a higher skill, and is not intended to make the
employee more efficient in his/her present job the training is not directly related to
the employees job, even if the training incidentally improves his/her skill in doing
his/her regular work; and
(4) The employee does no productive work during the meeting or training.
(b) If an employee on his or her own initiative attends school, college, or trade school after
hours, that time is not hours worked even if the courses are job related.
105.09 Employee Performance Evaluation
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(a) To ensure that the quantity and quality of work performed by employees meets the needs
of the City, the department head shall interview each employee during the employee's
tenure at least once each year and shall prepare a written performance evaluation in
conjunction with said interview.
(b) If at any time the City Manager or a department head determines that an employee must
substantially improve in any area of job performance in order to adequately discharge any
essential function of the employee's job, the employee may be placed on a performance
improvement plan for a time period of three to six months ("performance improvement
period"). The performance improvement plan shall include a written description of: (1) the
area of job performance in need of improvement; (2) the essential functions of the job at
issue; (3) a description of goals, deadlines or other performance measures that the
employee must meet within the performance improvement period; (4) a description of
steps that the employee should take to meet certain criteria including goals, deadlines or
other performance measures; and (5) a warning that failure to adhere to or meet said
criteria will result in disciplinary action potentially including discharge from employment.
The employee must sign the performance improvement plan to acknowledge receipt. If at
the expiration of the performance improvement period the City Manager or department
head determines that the employee has not been able to favorably resolve the job
performance issue(s), the employee may be subject to discharge. A performance
improvement plan is a too[ that may be used to assist an employee with job performance
issues, but it is not a prerequisite to employee discipline or discharge and does not alter
the employee's "at -will" status.
(c) The department head or City Manager shall provide a copy of any written performance
evaluation or any performance improvement plan to the employee and shall place a copy
of same in the employee's personnel file together with a certification executed by the
employee certifying that the employee has received and reviewed a copy of same.
Refusal of the employee to sign said certification is insubordination.
(d) Employees may respond in writing to any performance evaluation or performance
improvement plan. This written response shall be placed in the employee's personnel file.
105.10 Training and Development
In order to meet individual and organizational needs, it is the policy of the City to provide training
and development opportunities to encourage high quality performance to prepare employees for
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.
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(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 Human Resources Director, 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.
(6) Application for Approval. In order to apply for tuition reimbursement of approval
that has been approved hereunder, the applicant must submit the following to the
Human Resource Director:
A fully completed tuition reimbursement application signed by the director of
the employee's department not later than the first day of the course;
A degree plan, if applicable (required if the course is part of the first semester
or term in a degree program, or if the degree plan is changed after the first
semester or term);
iii. A written description of the course (which may be the description supplied by
the educational institution); and
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iv. A receipt showing the costs associated with the course or the tuition costs.
(7) Reimbursement Procedure.
Upon completion of course, final grade submitted, and appropriate approval
as described herein, the City shall reimburse the costs of tuition and required
course fees for no more than two courses or six academic hours per
semester. A reimbursement schedule set by the Human Resource Director
will establish a cap or ceiling on the amount of tuition reimbursement per
course or semester. Exception to the reimbursement cap may be made only
at the sole discretion of the City Manager. No reimbursement shall be
provided for required texts or materials, which costs shall be the sole
responsibility of the employee. No reimbursement shall be provided for any
optional fees in addition to tuition (e.g. late fees, parking, athletic passes,
financial aid fees, etc.), which fees shall be the sole responsibility of the
employee.
Upon completion of an approved course the employee shall submit a
certificate of completion or transcript, along with all receipts for sums
expended for tuition 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 'B' 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.
iii. Tuition shall not be reimbursed where the same has been or shall be paid
from other non -student loan sources, including but not limited to grants,
scholarships, financial aid, etc. In such case, reimbursement shall be 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).
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(9) Acceptance of Terms. 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.
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(b) Licenses and Certifications.
(1) Required Licenses and Certifications. Subject to funds available in the annual
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.
(2) Optional Licenses and Certifications. Subject to funds available in the annual
budget 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:
(i) Departmental Policies. Departmental policies regarding the payment of fees
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.
(ii) Repayment by Employee. In the event that an employee's employment with
the City is terminated, either voluntarily or involuntarily, within 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 .
(iii) Acceptance of Terms. If repayment may be required, each employee that
requests approval to take a continuing education course or test for an
optional 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.
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105.11 Salary Increases
(a) Salary Increases. Increases in salary may be granted by the City Manager in accordance
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.
(b) Non -Merit Raises. As part of the City's annual budget, the City Manager may recommend
a cost -of -living 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.
(c) No provision of this Manual shall be construed as authorizing any increase in salary or
wages during a fiscal year which would result in exceeding appropriations made for such
purpose.
105.12 Longevity Pay
(a) Each year eligible employees shall receive a lump sum longevity payment based on their
full months of employment with the City. Except as provided in subsection (b), below,
eligible full-time employees shall receive ten dollars per full month of employment.
Regular full-time employees who have completed at least 12 months of employment shall
be eligible.
(b) Longevity pay for eligible full-time employees whose employment commenced after March
11, 2014 shall be five dollars per full month of employment.
(c) Except for certain non -civilian police and fire department employees, funds will be
dispersed between the second week of November and the first week of December only to
eligible employees actively employed on the date of payment, and months of service shall
include all months served as of December 31 of each year.
(d) Non -civilian police and fire department employees shall receive their longevity pay on or
about their anniversary hire date after completion of their annual performance review.
Months of service shall include all full months served as of their anniversary hire date.
(e) Any employee leaving City employment and later being re-employed will forfeit all previous
longevity. Employees on any type of leave without pay, disability leave, catastrophic
leave, or workers' compensation leave will not accrue longevity for that period of leave.
(f) Maximum annual longevity pay for full-time employees will be $1,200.
105.13 Separation Pay
Subject to Section 116 of this Manual and any other applicable provisions of this Manual,
employees who leave the service of the City, regardless of reason for separation, shall receive
all pay that is due to them in accordance with and subject to the following provisions:
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(a) The final compensation check for a self -terminating employee will be issued not later than
the next regularly scheduled payday after separation. The final compensation check for an
employee who has been involuntarily terminated will be issued not later than the sixth
regular working day following termination. Separation pay may be delayed due to any
pending investigation of an employee or unforeseeable administrative delays in processing
payment.
(b) Eligible employees will be paid for any hours worked, including any authorized overtime
compensation due to him or her.
(c) Only regular full-time employees who have successfully completed their probation period
shall be paid for unused vacation time earned.
(d) Employees may request that any retirement benefits paid by him or her, through payroll
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.
(e) Any indebtedness to the City which the employee might have incurred shall be deducted
from their final paycheck and all City equipment and property must be returned before the
final compensation check is released.
(f) A regular employee who gives less than ten working days' notice of resignation or who is
dismissed because of violating personnel rules and regulations concerning conduct will
forfeit accrued vacation pay unless mutual agreement is reached between the department
head, City Manager, and the employee.
(g) If any employee dies while employed by the City, the City shall pay their designated
beneficiary or if no beneficiary is designated, the City shall pay their duly appointed
representative or representative of their estate any unpaid compensation, unused vacation
time and accumulated benefits.
105.14 Retirement
(a) Regular full-time employees are afforded retirement under the Texas Municipal Retirement
System ("TIVIRS"). This plan is administered by the Human Resources Department and
details regarding the plan may be obtained from the Human Resources Administrator.
Participation in TIVIRS shall be immediate and a condition of employment. Where
practical, employees shall give the Human Resources Administrator 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
Municipal Retirement System Handbook available through the Human Resources
Department.
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(c) Part-time and seasonal employees are not eligible to make contributions to TIVIRS, unless
the number of hours worked requires eligibility under TIVIRS rules.
(d) Employees on leave without pay are not eligible to make contributions to TIVIRS.
(e) In addition to TIVIRS, 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
TIVIRS, or directly conflicts with the plan as provided to the City through TIVIRS, 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 human resources director, 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.
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City of Anna
Personnel Policy Manual
Section 106. Holidays, Absences & Leaves
106.01 Holidays
(a) The following holidays are declared official holidays for regular full-time and regular part-
time employees:
(1) Federal holidays (except Columbus Day);
(2) Good Friday;
(3) Friday after Thanksgiving; and
(4) Christmas Eve.
(Amended 912212015, Res. No. 2015-09- 10, effective 11112016)
(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 912212015, Res. No. 2015-09- 10)
Full-time Fire
Full-time Police
All other Full-time
Department 24 hour
Department 12 hour
Employees
Shift Employees
Shift Employees
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
holidayleave.
(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
Page 166
receive 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.
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 1 1th. 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 1 1th 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 11 th as a holiday, the Veterans Day
(November 11 th) will be the holiday deducted from the total accrued holidays to keep the
number of holidays the same as what is granted to other City employees.
(1) 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 that holiday.
(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
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.
106.02 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 T011owing taDie:
Vacation Leave Accrual
Full-time Fire Full-time Police All other Full-time
Page 167
Department 24 hour
Department 12 hour
Employees
Shift Employees (Avg.
Shift Employees
(Avg. 40 hours per
56 hours per week)
(Avg. 42 hours per
week)
week)
Years
Hours per
Approx.
Hours per
Approx.
Hours per
Approx.
pay period
Weeks per
pay period
Weeks per
pay period
Weeks per
Year
Year
Year
i St
4.31
2
3.23
2
3.08
2
2 nd
4.74
2.2
3.55
2.2
3.38
2.2
3 rd
5.17
2.4
3.88
2.4
3.69
2.4
4 th
5.6
2.6
4.2
2.6
4
2.6
5 th
6.03
2.8
4.53
2.8
4.31
2.8
6 or more
6.462
3
4.847
3
4.616
3
Hours per
Approx.
Hours per
Approx.
Hours per
Approx.
year
Weeks per
year
Weeks per
year
Weeks per
year
year
year
Maximum
336
6
252
6
240
6
Annual
Vacation
Accrual
(c) Eligible employees accrue paid vacation at the end of each pay period.
(d) All employees shall be allowed to take vacation leave with pay after the successful
completion of the probationary period following initial 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 needs
of the department. All leave requests should be made in writing and require prior approval
of the employee's supervisor. Supervisors are encouraged to ap prove/d isa pp rove an
employee's vacation request in a timely manner.
Page 168
(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.
0) Vacation leave shall not be advanced.
(k) Vacation leave may be taken in not less than one hour increments.
(1) Employees on leave without pay, or disability leave shall not continue to accrue vacation
leave or sick leave. Employees on workers' compensation injury leave shall continue to
accrue vacation leave during the period of salary continuation only
(m) Part-time, seasonal and temporary employees shall not earn or accrue paid vacation
leave.
106.03 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 912212015, Res. No. 2015-09- 10)
Sick Leave Accrual
Full-time Fire
Full-time Police
All other Full-time
Department 24 hour
Department 12 hour
Employees
Shift Employees
Shift Employees
(Avg. 40 hours per
(Avg. 56 hours per
(Avg. 42 hours per
week)
week)
week)
Years
Hours
Approx.
Hours
Approx.
Hours
Approx.
per pay
Weeks
per pay
Weeks
perpay
Weeks
period
per Year
period
per Year
period
per Year
Annual
5.17
2.4
3.88
2.4
3.69
2.4
Accrual
Hours
Approx.
Hours
Approx.
Hours
Approx.
peryear
Weeks
peryear
Weeks
peryear
Weeks
peryear
peryear
peryear
Maximum
1344
24
1008
24
960
24
Annual
Sick
Accrual
Page 169
(b) Sick leave may be taken at any time for illness, 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.
(c) Sick leave can be used in not less than one hour increments.
(d) Employees who become ill and cannot report to work are expected to ensure that proper
notification is received at their department no later than one hour after regular reporting
time. Individual departments may require earlier reporting times. Failure to ensure proper
notification without valid reason shall constitute absence without leave.
(e) Sick leave not used during the year in which it accrues accumulates and is available for
use in succeeding years up to the Maximum Annual Sick Accrual.. Each December 31,
any sick leave balance in excess of the Maximum Annual Sick Accrual is reduced to the
Maximum Annual Sick Accrual without compensation.
(f) Sick leave may not be used prior to accrual.
(g) Upon separating employment from the City, all sick leave credits shall be canceled and
shall not be reinstated should the employee later be re-employed.
(h) Employees shall continue to accumulate sick leave during absences from work on legal
holidays, during sick leave or vacation leave. Sick leave accumulation shall be at the
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.
(i) The department head may require satisfactory proof of illness at any time the employee is
away from the office using sick leave. The department head may also require a statement
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'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's ability to resume his/her job duties before permitting
the employee to return to work.
0) Any employee terminated or resigning from the City shall forfeit all accumulated sick leave.
Page 170
(k) An employee on sick leave may be subject to disciplinary action, up to and including
termination, under the following circumstances:
(1) If the employee engages in other work for pay while receiving sick leave benefits;
(2) Engages in activities not authorized by the attending physician, or fails or refuses
to comply with the attending physicians instructions or advice regarding the injured
condition, other than for bona -fide religious beliefs;
(3) Fails to act in a manner conducive to convalescence;
(4) Refuses to perform work authorized by the attending physician;
(5) Refuses to accept or perform a different job, which is within the employee's
physical capacity to perform, as specified by the attending physician.
(6) If the employee uses or attempts to use sick leave without proper cause.
(1) An employee who becomes ill or injured during a vacation may request that the vacation
be 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.
(m) Part-time, seasonal, and temporary employees shall not earn or accrue paid sick leave
106.04 Military Leave
(a) Leave, Zero to 120 Hours. Employees are entitled to military leave with pay in accordance
with state and federal laws for a cumulative maximum of 120 hours in any federal fiscal
year (October to September). This includes both active duty training and regular active
duty. The term "with pay" means full and regular pay for days and times the employee
would ordinarily have been working. Employees must notify their supervisors before their
pending duty.
(b) Extended Leave. More than 120 Hours. Employees with military leave extending beyond
the 120 hours will be treated as employees in non -pay status. Should employees have
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
possible, but no later than their return to work. Verification is necessary in order to confirm
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
Employment and Reemployment Rights Act (USERRA) protects the job rights of
individuals who perform duty, voluntarily or involuntarily, in the "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
Page 171
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 or unreasonable;
(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
1-866-4-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.
106.05 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
always 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 grand pare nt-i n-law. Vacation
leave may be used to supplement bereavement leave, upon request and approval. Employees
may 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 172
Page 173
106.06 Jury/Court Duty
Employees required by summons to report for jury duty (including grand jury duty), or who are
impaneled as a juror or alternate, shall receive their regular pay during the time period directly
related to jury duty (not to exceed 40 hours of jury duty per summons).
(a) Regular Pay.
(1) Employees requesting regular pay for work time spent on jury duty must present
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.
(2) Employees will not be discharged for reporting to jury duty or serving as a juror.
Employees failing to return to work after being excused from jury duty during their
normal work hours are subject to disciplinary action.
(b) Official City Business.
(1) Employees who are subpoenaed to appear in court or before any other judicial or
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.
(2) Employees requesting regular pay shall provide a copy of the subpoena and, if
available, proof of attendance by the court or respective administration body.
(c) Personal/Private Business. Employees will not be paid for time off to conduct personal or
private legal business. Vacation or compensatory time may be used if approved by the
department head.
106.07 Administrative Leave with Pay
(a) Elections. Employees on duty on the date of any national, state, or local election and who
are eligible to vote in such elections shall be granted leave without loss of pay or benefits
to 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
supervisor.
(b) Hazardous Weather Conditions. Except for extraordinary circumstances, City offices DO
NOT CLOSE. In the event of inclement weather, employees are expected to use their
good 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 or
emergency service personnel who are required to be on the job regardless of
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 assure that
employees do not lose compensation due to circumstances beyond their control.
Page 174
(3) Non-exempt employees who are designated essential and who must continue to
work during emergency or weather related closings are compensated at their
regular pay rate during the emergency closing period. Such employees are not
given time off at a later date for hours worked during the period of closing.
(4) Exempt and non-exempt employees on sick leave or vacation leave on a day when
a partial or full day closing occurs are charged with sick or vacation leave for that
day as was scheduled.
(5) Non-exempt employees unable to travel to work during a period of non -closing will
either take vacation leave or leave without pay.
(6) Exempt employees unable to travel to work during a period of non -closing must
miss the entire work day before having to take vacation leave or leave without pay.
Partial day absences do not apply to exempt employees. If an exempt employee
has no accrued vacation time, he or she will be required to make up the missed
time at a later date.
(c) Disciplinary or Criminal Investigations. The City Manager may determine, as a matter of
administrative discretion, that an employee subject to a disciplinary or criminal
investigation should not be in the workplace while that investigation is pending. In such
case, the City Manager may place an employee under investigation on administrative
leave with pay for a period of time appropriate in the individualized circumstances.
106.08 Authorized Leave without Pay
(a) A leave of absence without pay may be granted at the discretion of the department head
and must be approved by the City Manager. Such factors, including but not limited to,
length of time away from the job, reason for, and urgency of the request, and length of
service with the City, will be taken into consideration by the City Manager. Leave without
pay is granted as a matter of administrative discretion. No employee may demand leave
without pay as a matter of right, but it may be granted to any employee.
(b) An employee may be granted leave without pay, when all other forms of leave such as
vacation, compensatory time off, holiday, and personal leave have been exhausted. If the
leave is not medical in nature, then accrued sick leave is not an available option.
(c) Leave without pay may be considered for the following reasons:
(1) To participate in training that would result in increased job ability.
(2) To achieve an educational level necessary for advancement in the City.
(3) To perform a service that will contribute to the public welfare.
(4) To recover from an illness or disability, not believed to be of a permanent or
disqualifying nature, for which sick leave and wage supplementation benefits have
been exhausted or are not available.
(5) When return to work would threaten the health of others.
Page 175
(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.
106.09 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.
Page 176
City of Anna
Personnel Policy Manual
Section 107. Family Medical Leave
107.01 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 FIVILA 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 177
(2) a unit established for the purpose of providing command and control of members
of 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.
107.02 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;
Page 178
(2) Upon placement with the employee of a child for adoption or foster care;
(3) Care of an eligible family member;
(4) The employee's own serious health condition that makes the employee unable to
perform the essential functions of his or her job;
(5) Any qualifying exigency arising out of the fact that the employee's spouse, child, or
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
(6) Any other reason if required under federal law.
(b) Time taken under (a)(1) or (a)(2) must be completed within twelve months of the
occurrence.
(c) An employee who is the spouse, child, parent, or next of kin of a covered servicemember
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).
(d) Employees must have worked for the City at least twelve months and must have worked
for the City at least 1,250 hours during the twelve months prior to the request for 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.
(e) If both the employee and the employee's spouse are employed by the City, family leave
may be limited to a total of 12 workweeks combined if the reason for FMLA leave is for:
birth 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
equivalent position upon returning to work. Certain salaried employees meeting the FMLA
definition of "key" employees may be denied reinstatement to employment when the City
believes it would cause substantial and grievous economic injury to its operations. If any
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"key" employee is to be denied reinstatement, the City will provide the employee with
written notice of: his/her status as a "key" employee and the reasons for denying job
restoration. In such circumstances, the "key" employee will be provided a reasonable
opportunity to return to work after provision of the notice.
(g) Any employee taking family and medical leave due to their own serious health condition
may be required to provide a completed Notice of Intent to Return from Leave form (refer
to Appendix A-6).
(h) Exclusion. Notwithstanding any other provision in this Manual, an employee is not eligible
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.
107.03 Continuation of Medical Benefits
(a) While the employee is on family medical leave, the City will continue to provide the
employee 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).
(b) Any employee taking leave under the FMLA must work with the Human Resources
Administrator to determine a written schedule for paying insurance benefit premiums. The
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 Human Resources Administrator to continue paying the employee
share of premiums, if any. A 30-day grace period for payment of premiums will be
provided before coverage is affected.
(c) An employee who is on unpaid leave under the FMLA and chooses not to pay, or agrees
but fails to pay, insurance premiums, shall have insurance benefits cancelled for non-
payment of insurance premium. An employee whose insurance benefits are cancelled
(due to non-payment of premium) shall, upon returning to work (full-time), 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
employer of any intent not to return to work at the end of the leave period, or if the
employee 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 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.
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(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.
107.04 Notification
(a) Employees are required to give 30 days' notice (when possible) to their supervisor of the
intent to take leave under the FIVILA. 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 IFIVILA leave. The
employee must provide sufficient information to make the City aware of the need for FIVILA
leave and the anticipated timing and duration of the leave. If an employee seeks leave for
an FIVILA-qualifying reason for which the employer has previously provided the employee
with FIVILA-protected leave, the employee must specifically reference either the qualifying
reason for leave or the need for FIVILA leave.
(b) If the City determines that leave is being taken for an FIVILA-qualifying reason, it shall
notify the employee that the leave is designated and will be counted as IFIVILA leave. Such
notice will be in writing and generally provided within five business days of the
determination.
107.05 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 FIVILA 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.
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(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.
107.06 Reduced Work Schedule
(a) Any employee placed on a reduced/intermittent work schedule while on leave under the
FIVILA 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 work schedule.
(b) When an employee requests intermittent leave or a reduced work schedule, the employee
may be temporarily transferred to alternative positions with equivalent pay and benefits.
The purpose of the transfer is to better accommodate recurring leave periods.
107.07 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
FIVILA 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 Human Resources Administrator designating the time off as
leave under the FIVILA.
107.08 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 FIVILA 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 FIVILA 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 FIVILA" or "family and
medical leave," upon the employee's request for leave, it is the responsibility of the
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employee to discuss the reason(s) for the leave and the Department Head to
determine whether they meet FMLA guidelines. As soon as possible, the employee
shall inform their Department Head of a need to take leave under the FMLA an
Application for Family and Medical Leave shall be completed (refer to Appendix A-
8). Department Heads should review the circumstances of the leave to determine if
it should be considered family medical leave.
(2) At the time an employee begins taking leave that would qualify as family medical
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.
(3) It is the responsibility of the Department Head to track the family medical leave that
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 maximum.
NOTE: Use of the PAF is mandatory for unpaid family medical leave. In some cases,
employees may have more than 12 weeks paid time accrued. Because the City's leave
policy is more generous than what FMLA requires, paid leave in excess of twelve (12)
weeks is not a concern unless unpaid leave is also required.
(c) The City. The City, as employer, shall not use the taking of FMLA leave as a negative
factor in employment actions such as hiring, promotions, or disciplinary actions. The City
will not count FMLA leave under any "no fault" attendance policy currently in place or
which may be enacted in the future.
107.09 Coordination with Workers' Compensation Benefits
In those cases where the employee is eligible for leave for a serious health condition which
qualifies under both the FMLA and Workers' Compensation (WC), these benefits shall
automatically run concurrent. This coordination shall occur in circumstances such as when an
employee sustains a serious work related injury resulting in hospitalization, or misses more than
three workdays (in excess of 4 hours a day) due to a compensable work related injury.
Coordination shall occur as follows:
(1) Notification Procedure. The injured employee must submit a completed incident
report to the Human Resources Administrator. This report shall be submitted within
24 hours and will serve as official notification to the Human Resources
Administrator that an incident has occurred. Upon receiving the completed incident
report the Human Resources Administrator 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
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days of such 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.
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City of Anna
Personnel Policy Manual
Section 108. Employee Communications Policy
108.01 Open Comm u nication/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 better job.
(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.
108.02 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 public safety.
(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 by client -attorney privilege, attorney work product, or
other applicable legal privilege.
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(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 Human Resources Administrator.
108.03 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.
108.03.1 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) Employees are not required to reimburse the City when the total of business and
personal calls do not exceed the total monthly plan minutes.
(c) 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.
(d) 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 monthly bill.
108.03.2 Cell Phone Allowances
(a) Employees may request a cell phone allowance in lieu of a City provided cell phone. If a
cell phone allowance is requested, it must be approved by the Department Director and
City Manager. Two cell phone allowance options are available and the Department
Director shall determine which allowance is appropriate. The basic phone option
provides a monthly allowance as set by the City Manager and is based on the use plan
currently offered by the City's vendor and being used by employees with City provided
basic cell phones. The smart phone option provides a monthly allowance as set by the
City Manager and is based on the use plan currently offered by the City's vendor and
being used by employees with City provided smart phones. The allowances will be
reviewed annually by the Finance Department and adjusted when necessary to reflect
current plan rates.
(b) If an employee currently has a City provided cell phone and desires to switch to a cell
phone allowance, the term of the employee's current City cell phone contract must be at
or past the contract expiration date before the change can be made. If the employee's
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current City cell phone contract has not reached the expiration date, the employee can
pay the cancellation fee and switch to a cell phone allowance.
(c) Employees are advised that records related to calls made on cell phones that are
reimbursed by the City through a cell phone allowance 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.
108.03.3 Use of Personal Cell Phones
(a) The City recognizes that many employees have cell phones that they bring to work. Cell
phones may belong to the employee or be provided for the employee's use by the City,
as set forth in Section 108.03.1 and 108.03.2. The use of an employee's personal cell
phone —including but not limited to cell phones with functions such as cameras and
video and audio recorders —at work must not interfere with job duties or performance.
Employees must not allow cell phone use to become disruptive or interfere with their
own or a co -worker's job performance. Use of personal cell phones should not be used
in areas that are accessible to the public, such as the front desk, or in the presence of a
customer. An employee may not photograph or otherwise record any event or situation
that would constitute confidential information, as that term is defined in Section 101.01.1,
without obtaining the advance permission from the employee's department head or the
City Manager. An employee may not photograph or otherwise record any activity or
event during work hours, without obtaining the advance permission from the employee's
department head or the City Manager, unless the employee's work assignments include
duties that would require taking photographs or recordings in the performance of their
official responsibilities, in which case any such photographs or recordings are the
property of the City.
(b) Cell phone use that violates any City policy, including but not limited to the policy on
sexual and other unlawful harassment, will be subject to disciplinary action, up to and
including termination.
108.04 Electronic Communications Policy 1
1 Notwithstanding any provision of this Manual to the contrary, this Electronic Communications Policy shall not
apply to employees, including peace officers, to the extent that applying the policy would effectively: (1) require
the employee to disclose information that is made confidential by law to a person who is not authorized to receive
same; (2) interfere with a peace officer's lawful attempts to enforce the law or to investigate, detect or prevent
criminal activity; or (3) otherwise violate an applicable state or federal law or regulation. If an employee has any
questions about the applicability of this policy, they should consult with their supervisor, their department head,
or the Human Resources Administrator. See also Section 116.02 of this Manual.
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(a) Generally.
(1) The City may provide computer networks, intranet and internet access, email,
telephones, pagers, digital cameras, voice mail, and fax communication systems for
use by City employees in the performance of their job duties. These communication
devices are referred to collectively in this policy as "electronic communications
systems" or "systems."
(2) The City systems are designed to support and enhance the communication,
research and information capabilities of City employees and to encourage work -
related communication and sharing of information resources within the City. This
policy governs user behavior pertaining to access and usage of the City's electronic
communications systems and, to a certain degree, use of employee's personal
computers or electronic communications devices used during performance of City
business.
(3) This policy applies to all City employees, contractors, volunteers and other
representatives of the City who use the City systems. The City systems must be
used in a professional, responsible, efficient, ethical and legal manner and in a
manner that does not unreasonably disrupt the working environment.
(4) The City owns the rights to all data and files stored in the City's electronic
communications systems to the extent that such rights are not superseded by
applicable laws relating to intellectual property.
(b) Employee Consent. By accepting employment with the City, employees expressly consent
to the collecting, reading, cataloguing, or other monitoring of electronic communications
stored on the City's electronic communications systems, regardless of whether the City
systems are being used for City business or non -City business. Employees who wish to
maintain their right to confidentiality or a disclosure privilege must send or receive such
information using some means other than City systems or the City -provided Internet
access.
(c) Acceptable Use.
(1) Acceptable uses of the City's systems are limited to those activities that support
reference, research, internal/external communication and conducting City business
in line with the user's job responsibilities, subject to the exception set forth in the
following paragraph (2). Employees who use the systems are encouraged to
develop uses which meet their individual job -related needs and which take
advantage of the City's electronic communications systems. The City prohibits
connection to sites or forwarding of information that contain materials that may be
offensive to others including, but not limited to, sites or information containing
sexually explicit material.
(2) Users must understand that use of the City's electronic communications systems is
a privilege. Minimal personal use of the internet or email and other electronic
communications systems is allowed under this policy as long as such use is not
excessive, does not impede job performance or the performance of City business,
and does not result in any unauthorized expenses or charges to the City. The City
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is not responsible for personal communications sent or received on City systems,
or for maintaining the confidentiality of such communications.
(3) The City reserves the right to monitor employee email and internet usage stored on
the City's electronic communications systems, including the right to monitor
electronic mail messages (including persona I/private/i nstant messaging and text
message systems) and their content, as well as any and all use by employees of
the internet and computer equipment used to create, view, or access email and
Internet content where such content is stored on the City's electronic
communications systems.
(d) Prohibited Uses and Rules Governing City Systems include:
(1) The use of video, audio, image, storage, etc. can put a strain on the available
resources of the City systems and bandwidth. The City reserves the right to
prohibit or limit any bandwidth limiting activities. The City also reserves the right to
require a review of any usage that is discovered to have strained the City's
resources. Employees found to violate this policy will be subject to the disciplinary
process.
(2) Distributing or otherwise using profanity, obscenity, or other language or content
which may be offensive or harassing to other coworkers or third parties.
(3) Accessing, displaying, downloading, or distributing sexually explicit material.
(4) Accessing, displaying, downloading, or distributing profane, obscene, harassing,
offensive or unprofessional messages or content.
(5) Copying, use, distribution, or downloading commercial software onto City systems
in violation applicable licensing agreements or of copyright law.
(6) Using City systems for financial gain or for any commercial activity unrelated to
City business.
(7) Using City systems in such a manner as to create a security breach of the City
systems or network.
(8) Accessing any site, or creating or forwarding messages with derogatory,
inflammatory, or otherwise unwelcome remarks or content regarding race, religion,
color, sex, national origin, age, disability, physical attributes, or sexual preferences.
(9) Transmitting or sharing information regarding a coworker's health status without
his/her permission.
(10) Expressing opinions or personal views that could be misconstrued as being
those of the City.
(11) Expressing opinions or personal views regarding management of the City or
other political views that are unreasonably disruptive to the work environment.
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(12) Using the electronic communication systems for any illegal purpose or in anyway
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. CID, IDVID, flash drive, external storage drive, etc.) and all of the
files on such devices to be read, moved, or copied onto the City -assigned
computer.
(ii) No employee shall disrupt, "turn-off" or tamper with the City -assigned
computer virus detection application.
(iii) Any employee who identifies a virus or a problem with or absence of the virus
detection software on a City -assigned computer or anywhere else on the
City's system shall immediately notify his or her supervisor and the finance
department.
(iv) City employees shall make every effort not to read, move or copy files from
any removable media received from an unknown source.
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(v) City employees shall make every effort not to read, move or copy files from
any removable media that has not been professionally recorded unless the
source of the media is well-known and reasonably trustworthy and the
content of the media is believed to be solely related to City business or City
functions.
(3) All computer files that are required to be maintained by the City shall be stored or
saved to a network drive on the City system and backed up on a regular schedule
via the chosen method and network backup software.
(4) The City reserves the right to change policies as it relates to the City's electronic
communications systems and its use at any time and as may be required by
changing circumstances. It is therefore the responsibility of all employees to
ensure full knowledge of the City systems use policies. Violations of the policy and
its guidelines may result in the loss of use privileges and disciplinary action, up to
and including termination.
(f) No Right of Privacy/Monitoring.
(1) All passwords used for any City systems are to be on file with the network
administrator designated by the City Manager. These will be kept confidential and
only used for security or investigative purposes.
(2) Users of City systems may not assume they are provided any degree of anonymity
and employees have no right to privacy with regard to such systems. Personal
passwords are not an assurance of confidentiality. The Internet itself is not secure.
To ensure proper use of City systems, the City will monitor same.
(3) The City may use software in City systems that allows monitoring by authorized
personnel or programs and that creates and stores copies of any messages, files,
or other information that is entered into, received by, sent, or viewed on such
systems. Accordingly, employees should assume that whatever they do, type,
enter, send, receive, and view on City systems is electronically stored and subject
to inspection, monitoring, evaluation, and City use at any time. Further, to the
extent permitted under applicable law, employees who use City systems and
Internet access to send or receive files or other data that would otherwise be
subject to any kind of confidentiality or disclosure privilege waive whatever right
they may have to assert such confidentiality or privilege from disclosure as a term
and condition of City employment.
(4) The City Manager or their designee reserves and intends to exercise the right to
review, audit, intercept, access and disclose all transmissions created, received,
sent, retrieved or accessed on the City systems to assure that the City's resources
are devoted to maintaining the highest levels of productivity, as well as proper use
and compliance with this policy. The City systems may be checked periodically for
business reasons, without permission from the employee in each instance, and the
employee, as a term and condition of employment with the City, hereby fully
consents to any and all such periodic checks.
(g) Filtering. The City may use software to filter Internet and instant message content for all
employees. This software may prevent access to informational content or reduce said
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access. Unauthorized modifications or workarounds as relates to such filters are
prohibited.
(h) Copyright Restrictions. Any software or other material, including music, downloaded to
City systems may be used only in ways consistent with the licenses and copyrights of the
vendor, author or owner of the material. Prior written authorization from a department head
is required before introducing any software into the City systems. Employees may not
download entertainment software, games or any other software unrelated to their work.
(i) Public Information. Employees are advised that any data or electronic information could be
subject to release in accordance with the Public Information Act of the State of Texas.
Employees must take appropriate measures to keep their private information secure.
108.04.1 Social Media Policy
(a) Policy Statement. Whether or not an employee chooses to create or participate in a blog,
wiki, online social network or any other form of online publishing or discussion is his or her
own decision. However, the City recognizes that emerging online collaboration platforms
are fundamentally changing the way individuals and organizations communicate, and this
policy is designed to implement policy and offer practical guidance for responsible,
constructive communications via social media channels for employees.
The same principles and guidelines that apply to the activities of employees in general,
as found in this Manual, apply to employee activities in social media channels and any
other form of online publishing.
In general, what an employee does with respect to social media on their own time is their
own business. However, activities in or outside of work that affect your job performance,
the performance of others, or the City's governmental functions are a proper focus for
City policy.
(b) Definitions.
(1) Social Media Channels - Blogs, micro-blogs, wikis, social networks, social
bookmarking services, user rating services and any other online collaboration,
sharing or publishing platform, whether accessed through the web, a mobile
device, text messaging, email or any other existing or emerging communications
platform.
(2) Social Media Account — A personalized presence inside a social networking
channel, 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.
(3) Social Media Disclosures - Blog posts, blog comments, status updates, text
messages, posts via email, images, audio recordings, video recordings or any
other 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.
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(4) External vs. Internal Social Media Channels — External social media channels are
social media services that do not reside at a domain. Internal social media
channels 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
Social Media Channel with specific information about themselves which can be
made available others users.
(6) Copyrights — Copyrights protect the right of an author to control the reproduction
and use of any creative expression that has been fixed in tangible form, such as
literary works, graphical works, photographic works, audiovisual works, electronic
works and musical works. It is illegal to reproduce and use copyrighted material
through social media channels without the permission of the copyright owner.
(7) Controversial Issues — Issues that form the basis of heated debate, often identified
in political campaigns as wedge issues, since they provoke a strong emotional
response. Examples include political views, health care reform, gun control 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's website.
(9) Tweets and Retweets — A tweet is a 140 character social media disclosure
distributed on the Twitter micro-blogging service. Retweets are tweets from one
Twitter user that are redistributed by another Twitter user. Retweets are how
information propagates on Twitter.
(c) Obffiectives.
(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
other and the community that the City
disaster or emergency.
utilize social media channels to help each
serves, particularly in the event of a crisis,
(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
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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
required when they discuss work -related topics, whether at work or on their own
time.
(5) Employees are responsible for making sure that their online activities do not
interfere with their ability to fulfill their job requirements or their commitments to
their managers, co-workers or members of the public.
(6) Employees may not post information to Social Media Channels during work hours
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.
(e) Disclosure and Transparenc .
(1) Since reputations are built on trust, employees are strongly requested to disclose
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.
(2) Comply with all laws and regulations regarding disclosure of your identity.
(3) The City believes in transparency and honesty. Employees are encouraged to use
their real name and identify that they work for the City in any social media
disclosure that involves City or work -related topics. The use of pseudonyms and
aliases are strongly discouraged.
(4) If communicating on behalf of the City, never represent yourself to be anyone other
than who you really are.
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(5) Whenever commenting on City or work -related topics via social media channels,
employees are requested to:
(i) Use a method of disclosure that makes it easy for the average reader to
understand their position, avoid jargon or ambiguous language and always
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.
(ii) Employees may only mention the City's official policies in their social media
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.
(iii) If an employee chooses to share an opinion on City policy, they may do so
only 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).
(iv) When engaging in discussion with others on City or work -related topics via
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.
(v) Employees are generally discouraged from engaging directly with minors via
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.
(f) Respectfulness.
(1) Employees should always be respectful of every individual's legal right to express
their opinions, whether those opinions are complimentary or critical. The City
recognizes and appreciates the rights of individuals to free speech. By
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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 officially authorized to speak on behalf of the City or not, employees may
be seen by people outside of the City as representatives of our brand. Employees
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
the dialogue in a constructive, meaningful way. By adding value, employees can
effectively demonstrate respectfulness to those they engage via social media
channels.
(4) Harassment, threats, intimidation, ethnic slurs, personal insults, obscenity, racial or
religious intolerance and any other form of behavior prohibited in the workplace is
also prohibited via social media channels.
(5) Employees who choose to make social media disclosures about topics relevant to
the City or work -related topics should always be aware that their disclosures are
not 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
controversial issues that may provoke
demonstrating tolerance and patience an
alternate points of view.
(g) Personal Privac -
discussing religion, politics or any other
a charged, emotional response by
d always strive to show compassion for
(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.
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(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) Securit .
(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.
0) 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
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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 media to publish content 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."
(5) This standard disclaimer does not by itself exempt employees from a special
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 written. Public social media channels are not the
place to enforce City policy or reprimand employees.
(6) Social media disclosures which do not mention the City or work -related topics do
not need to include a disclaimer.
(1) Legal Matters.
(1) For your protection, and the protection of the City, employees using social media
channels are expected to do so without infringing on the copyrights of others.
Employees are prohibited from engaging in any activities via social media channels
that interferes with the copyrights of others.
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(2) For your protection, and the protection of the City, employees are prohibited from
using internal or external social media channels for evaluating the performance of
their co-workers.
(3) For your protection, and the protection of the City, employees are prohibited from
using internal or external social media channels to discuss confidential information,
legal matters, litigation or the City's financial performance. When asked by others
to discuss any of these matters, employees should relay that "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," and refer the question to
an appropriate person designated by the City Manager.
(m) During Emergencies.
(1) As evidenced by FEMA's adoption, social media tools are becoming increasingly
important in local and incidental crisis and emergency management
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
information that could benefit those affected by a crisis, disaster or emergency,
they 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.
108.05 Whistleblower Policy
The City is committed to upholding the requirements of all state and federal laws including the
applicable Whistleblower Act(s). The City will not suspend, terminate, or otherwise materially
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discipline or discriminate against an employee who in good faith reports a violation of law by the
City or another public employee to an appropriate law enforcement authority.
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City of Anna
Personnel Policy Manual
Section 109. At -Will, Discipline, Appeals and Grievances
109.01 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.
(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-1 3)
(iii) Performance Improvement Plan. (refer to Appendix A-1 0).
(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.
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(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 Appendix A-1 3).
(1) Written reprimands shall be presented and a copy given to the employees
indicating the following:
(i) The specific employee act(s) which demonstrated the unacceptable conduct
or behavior.
(ii) The expected conduct or behavior.
(iii) That such act(s) must not be repeated.
(iv) That further disciplinary action will result if the employee fails to show and
maintain satisfactory improvement.
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(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-1 0).
(1) When the job performance or behaviors of an employee falls below an acceptable
standard, the department head, or City Manager, if applicable, may place the
employee on a Performance Improvement Plan ("PIP"). The PIP shall consist of
timely discussions between the department head and the employee with the
following provided in writing:
(i) The specific unacceptable deficiency in the employee's performance;
(ii) The necessary improvement in performance;
(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 a non-exempt employee, the department head
must consult with the Human Resources Administrator 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.
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(4) Suspensions become permanent parts of the disciplinary record maintained in the
employee's permanent personnel file.
(5) Suspensions may be appealed in accordance with City policy.
(6) An employee may be suspended when under investigation for a crime or official
misconduct, or is awaiting hearing or trial in a criminal matter. These suspensions
shall be without pay for the duration of the investigation or proceedings when such
suspension would be in the best interests of the City.
(7) Upon completion of the investigation or proceedings, the employee may be eligible
to resume work under terms and conditions specified by the City Manager.
(f) Demotions. Demotions result in employees being moved into jobs with lower responsibility
levels and/or lower pay rates. Pay rates after a demotion will be reviewed on a case -by -
case basis.
(1) The decision to demote employees for disciplinary purposes should be written, with
a copy given to the employee and the original retained in the official personnel file.
(2) As notice, an employee shall be given a Notice of Disciplinary Action (Demotion)
and shall have the right to respond to the department head to the alleged charges
within two workdays before the demotion becomes effective.
(3) Personnel Action Forms must be completed and sent to Human Resources (refer
to Appendix A-4).
(4) Demotions may be appealed in accordance with City policy.
(g) Dismissals. Dismissals result in termination of City employment.
(1) Prior to initiating any dismissal action, the department head or designee shall
confer with the Human Resources Administrator and City Manager and present all
relevant facts, circumstances and information, including whether the employee will
be placed on administrative leave with pay or without pay pending the outcome of
the proposed dismissal.
(2) The City Manager will review the information and discuss available options and
their consequences with the respective department head or designee.
(3) It is the responsibility of the department head or designee to decide whether to
initiate a dismissal and to communicate the decision to the City Manager.
(4) As notice, an employee shall be given a Notice of Disciplinary Action (Proposed
Dismissal) and shall have the right to respond to the department head to the
alleged charges within two workdays before the dismissal becomes effective;
provided, however, that the City Manager shall have discretion to dispense with the
procedures outlined herein and to dismiss an employee at any time and without
notice if the City Manager determines that such actions are appropriate based on
the conduct in question and the need to prevent disruption in the work
environment.
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(5) Dismissals may be appealed in accordance with City policy.
(h) Notice of Certain Proposed Disciplinary Action and Employee Response.
(1) A department head who is considering disciplinary action shall prepare a notice of
disciplinary action to the employee. For the purposes of this subsection,
"disciplinary action" means suspension, demotion and/or dismissal. The Notice of
Disciplinary Action should include an explanation of why the discipline is proposed,
such as alleged policy violations, so the employee may adequately respond. The
Notice of Proposed Disciplinary Action shall also establish a meeting time with the
employee within two workdays or as soon as practicable thereafter if meeting
within two workdays is not reasonably possible. The Notice must be forwarded to
the City Manager and Human Resources Administrator.
(2) A regular employee who receives a Notice of Proposed Disciplinary Action may
respond with any relevant facts and documentation that might affect the proposed
disciplinary action. The employee's response/rebuttal must be submitted within two
workdays from the date the Notice of Proposed Disciplinary Action is received by
the employee. This response should be provided to the department head and
forwarded to the City Manager and the Human Resources Administrator.
(3) The employee response must be presented orally during the meeting established
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.
(4) The City Manager will determine whether the City Attorney should be present at
this meeting.
(5) The department head will review the employee's response/rebuttal and determine
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.
(6) Whatever pay status the employee was in at the time of the proposed disciplinary
action will continue until the response is completed.
(7) Upon dismissal, the employee will receive accrued vacation in accordance with
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.
(i) Criminal Offenses.
(1) If, during the course of any disciplinary investigation, the potential exists that the
employee may be charged with a criminal offense, the employee shall have the full
benefit of assert the Fifth Amendment against self-incrimination. Once the potential
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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,
the Police Chief or designee shall be notified and shall begin an official police
investigation, regardless of the complainant's predisposition concerning the filing of
criminal charges.
(3) The Police Department shall follow its normal departmental procedures in
investigating the potential criminal complaint and may, at the discretion of the
Police Chief, assign such investigation to another law enforcement entity, as may
be 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.
0) 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 nondisciplinary 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
may be voided and barred from resubmittal as determined by the City
Manager overseeing the appeal.
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(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 Human Resources Administrator within five
workdays from the date of the letter notifying the employee of the effective
action (refer to Appendix A-1 1).
(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.
(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.
109.02 Grievances
(a) The City believes that open communication is essential when employees have problems
or 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
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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.
(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.
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City of Anna
Personnel Policy Manual
Section 110. Voluntary and Involuntary Separations
110.01 Resignation
(a) Department heads may leave the employment with the City in "good standing" by
submitting 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 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.
(b) An employee failing to report for duty or remain at work as scheduled without proper
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."
(c) Any employee who leaves their employment with the City in "good standing" will be paid
for accrued vacation time subject to the provisions of this Manual. Any employee who fails
to provide such notice forfeits their accrued vacation and shall be ineligible for rehire by
the City.
110.02 Reduction in Force
(a) A reduction in force ("RIF") may occur as a result of changes in duties, organizational
changes, lack of work, or budget cutbacks. A RIF shall be carried out on the basis of
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 their job or another similar job in
which they meet the minimum job requirements and qualifications in the reverse order of
the RIF 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.
110.03 Incapacity
An employee may be terminated for medical reasons when the employee as an individual no
longer meets the standards of fitness required to perform the essential functions of the position,
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and reasonable accommodation under the Americans with Disabilities Act 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.
110.04 Retirement
Eligible employees may elect to retire from the City service in accordance with the applicable
retirement programs.
110.05 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.
110.06 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 on that 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.
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City of Anna
Personnel Policy Manual
Section 111. Personnel Records
111.01 Personnel Files and Records
(a) The City maintains an official basic personnel file in the Human Resources Department on
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, drug
testing 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.
(b) Employees are required to notify the Human Resources Department when there is a
change 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.
(c) The Human Resources Department shall maintain the official personnel files and records
for all City employees. Unless otherwise provided by law, personnel files shall be
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 employee may request a copy of their personnel file upon written request to Human
Resources or designee. Upon receipt of the request, Human Resources will provide a
copy 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 in Human Resources to change address for payroll, medical insurance, TIVIRS
and driver's license. The City also requires updated Emergency Contact information for
each employee.
(f) No records properly placed
file except if required by
employee.
into an employee's personnel file shall be removed from the
law, court order, or agreement between the City and the
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(g) Release of information contained in and access to employee basic (non -health related)
personnel files is controlled by provisions of the Texas Public Information Act, Texas
Government Code Chapter 552. No information on current or former employees will be
released except by the Human Resources Department or the City Manager or City
Secretary.
111.02 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.
111.03 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.
111.04 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.
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City of Anna
Personnel Policy Manual
Section 112. Employee Benefits
112.01 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 covered by Workers'
Compensation on the job will be granted injury leave with pay at the employee's
regular salary for up to seven calendar days following the date of the injury. This
injury leave will not be charged to Personal Leave.
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(2) After the aforementioned seven days, the employee may receive from the City the
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
bi-weekly 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.
(3) An employee will report injuries incurred in the line of duty immediately to his
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.
(4) When an employee suffers injury or death on the job, the Human Resources
Manager will complete an accident report immediately on forms provided by the
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.
(e) Examination and Treatment.
(1) As a condition of receiving or continuing to receive salary continuation payments,
the Human Resources Administrator may require an injured employee to submit to
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
which they would normally have been entitled, if they:
(i) engage in work, whether part-time or full-time, for pay or as a volunteer, for
themselves or for any other person, firm or corporation, while receiving salary
continuation payments;
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(ii) terminate employment for any reason while receiving salary continuation
payments;
(iii) fail or refuse to comply with the treating physician's instructions or advice
regarding treatment of the injured condition, except because of a bona -fide
religious belief;
(iv) fail to act in a manner which is conducive to being off work convalescing;
(v) refuse to perform light, partial or part-time duty when authorized by the
treating physician;
(vi) refuse to accept or perform a different job with the City that, in the opinion of
the treating physician, is within the employee's physical capacity and for
which the employee is qualified or will be trained;
(vii)represent their injured condition, physical incapacity, or disability as worse
than it is while receiving salary continuation payments; or
(viii) refuse to return to regular duty after being released for regular duty by the
treating physician.
(f) Termination for Reasons Other Than Injury or Disability.
(1) The City shall not discharge, or in any other manner discriminate against, an
employee because that employee filed a workers' compensation claim in good faith
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.
(2) This section does not preclude an employee from being terminated for reasons
other than their disability or continued injury, as otherwise allowed by these
regulations. 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 on-the-job injury. This section does not preclude an
employee from being terminated during an official reduction in work force due to
budget restrictions.
(g) Employee Assistance. The City encourages any employee injured on the job to contact the
Texas Department of Insurance's Division of Workers' Compensation (TDI-DWC) as soon
as a need for Workers' Compensation benefits is identified. The TDI-DWC provides free
information about how to file a workers' compensation claim. Also, TDI-DWC 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.
112.02 Modified or Light Duty
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(a) Generally. Subject to the availability of positions, the City may provide employees with
modified or light duty if the employee is unable to perform their regular duties due to injury
or illness. If positions are available, the City will attempt to accommodate medical
restrictions, when and where reasonable, to the extent required by law and in
consideration of the City's needs, whether the safety of citizens and other City employees
might be compromised, and the requirements of the Americans with Disabilities Act (ADA).
If provision of a modified or light duty would unduly burden the City's operations, it may not
be available to an individual employee. A decision to provide employees modified of light
duty assignments is entirely at the discretion of the City, subject to applicable provisions, if
any, of the ADA.
(1) "Modified duty" or "light duty" is defined as any reduction, elimination or alteration
of the essential job functions of a position, as outlined in the job description for the
position.
(2) Determination Process. All modified duty is subject to availability of positions:
(i) A position must be available for an employee to be considered for eligibility
under these guidelines. The City is not obligated to create a position for
restricted employees.
(ii) Prior to returning to work after an absence or after receiving restrictions, the
employee requesting modified duty must present the physician's directive to
his/her department head or the Human Resources Administrator.
(iii) The Human Resources Administrator, medical consultant and/or the
employee's treating physician will review the directive and determine if the
directive is subject to the ADA.
(iv) The employee's supervisor may be contacted by the Human Resources
Department to determine the employee's suitability for modified duty.
(v) The employee and the employee's supervisor will engage in an interactive
process to attempt to identify a reasonable accommodation for a disability or
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.
(b) Procedures. Employees unable to return to work due to personal medical issues will be
subject to the leave provisions of this Manual. Employees unable to return to work due to
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
rules, upon receipt of a physician's notice regarding a return to work with
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 regular job with restrictions, modified or light duty (if available) may
continue to up to twelve weeks. Continuation after twelve weeks will be contingent
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upon receipt of an updated notice from the treating physician, availability of a
limited duty position, and based on City need.
(3) Modified Duty in Alternate Position: When an employee's restrictions prevent
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.
(4) Modified Duty/Transportation of Citizens & City Personnel: In order to assure safe
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.
(5) Worker's Comp Treatment & Overtime Pay: "Hours worked" are defined as the
hours actually worked by the employee in performance of their normal or modified
job duties. Leave hours taken for worker's -comp -related treatment, medical
appointments, or meetings will not be counted as hours worked for the purpose of
computing overtime.
112.03 Social Security
All employees of the City are covered under the Federal Insurance Contributions Act (FICA).
This type of government insurance, known as "Federal Old Age, Survivors, and Disability
Insurance," provides for benefits for retirement, disability or upon death. This insurance is
financed by social security taxes, which are paid through payroll deductions by the employee.
The City contributes a matching amount on behalf of the employee.
112.04 Unemployment Insurance
All employees of the City are covered under the Texas Unemployment Compensation Insurance
program and the Federal Unemployment Tax Act (FUTA). This program provides payments for
unemployed workers in certain circumstances as provided by law.
112.05 Health Related Benefits
The City is committed to providing cost-effective benefits which assist employees in being
physically and mentally healthy. All regular full-time employees are offered options relating to
medical (and in some instances dental) insurance provided by the City. This insurance provides
coverage of hospitalization and major medical expenses for illness and accidental injuries off
the 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.
112.06 Continuation of Group Insurance (COBRA)
The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives covered
employees and their qualified beneficiaries the opportunity to continue health insurance
coverage under the City of Anna's health, dental, and vision plan for specified periods of time
when a "qualifying event" would normally result in the loss of eligibility. Qualified beneficiaries
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are individuals who, on the day before a qualifying event, are covered under a group health plan
as a 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 covered employee during the period of COBRA continuation coverage. Some common
qualifying events are resignation, termination of employment, (except terminations for gross
misconduct) or death of an employee; a reduction in an employee's hours; an employee's
divorce or legal separation; and a dependent child who no longer meets eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage plus an
administrative fee. Each eligible employee will be provided with information describing rights
and obligations granted under COBRA when the employee becomes eligible for coverage under
The City of Anna's health insurance plan. Once a qualifying event has occurred, the City will
notify the qualified beneficiaries of their right to continue health care coverage.
112.07 Miscellaneous Benefits
As with the health related benefits, the miscellaneous 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.
(1) Life Insurance. The City may offer, if economically feasible, basic life insurance to
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.
(2) Short Term Disability. The City may offer, if economically feasible, Short Term
Disability (STD) coverage to eligible employees to provide them a portion of their
salary when they are unable to work as a result of an off -the -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.
(3) Long Term Disability. The City may offer, if economically feasible, Long Term
Disability (LTD) coverage to eligible employees to provide them a portion of their
salary when they are unable to work as a result of a disability. Long-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.
(4) Deferred Compensation. The City may make available a deferred compensation
program. The Deferred Compensation Program is a voluntary, tax -deferred
program 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 before -tax basis each pay period and placed
in an investment account selected by the employee.
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City of Anna
Personnel Policy Manual
Section 113. Travel Policy
113.01 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. For prospective reimbursement requests,
the Finance Department shall be responsible for estimating the reimbursable
expenses likely to be incurred for employee travel. The Finance Department
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should take into consideration the departmental travel budget and calculate the
amount spent to date and forward the Travel Expense Report to the City Manager
for approval.
(4) The City Manager is responsible for either approving or denying the request. If the
request is denied, the Travel Expense Report will be sent back to the department
head. If the request is approved, the Travel Expense Report will be forwarded to
the Finance Department for processing. The department head and the Finance
Department must review and approve all expenses incurred in the Travel Expense
Report after travel is completed.
113.02 Authorization Required
The City Manager or designee shall authorize travel leave and expenses for City business
outside the City. All travel requests must be approved by the City Manager or designee prior to
its occurrence. Any employee traveling on official City business shall communicate with their
supervisor as to where they can be reached while out of the City. All travel requests must be
submitted on forms provided for that purpose.
113.03 Allowable Expenses
(a) Registration. The City will reimburse actual expenses incurred in registering for a
conference, seminar, or meeting. 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.
(b) Transportation. The department head/supervisor will be expected to select the mode of
transportation that is most economical to the City considering cost and time consumed.
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.
(c) All approved transportation expenses will be reimbursed as follows:
(1) When employees use their personal vehicles when a City vehicle was available, 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. When employees use
their personal vehicles when a City vehicle was not available, all travel mileage will
be paid at the most recent GSA rate per mile (corresponding to government -
owned vehicle not available) plus any parking fees incurred by undertaking the City
business.
(2) When City vehicles are used, all expenses incidental to the use of such vehicle
(parking, gasoline, oil, repairs, etc.) shall be reimbursed. Receipts will be required.
(3) When air travel is permitted, employees will book their flight as far in advance as
possible. Air travel reimbursement shall be limited to "coach" fares. Additionally, if
the employee requires parking at the airport for 24 hours or less, the employee will
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be reimbursed at the short term parking rates. If requiring parking for 25 hours or
more, the reimbursement shall be at the long term parking rate. Original receipts
will be required for reimbursement.
(4) Reimbursement will be made for the use of rental vehicles, taxi or bus fares, etc.,
provided such expenses are necessary and reasonable. Approval to rent a vehicle
should be obtained prior to the trip whenever possible. Employees are expected to
use the City's rental vehicle agreement negotiated by the City or obtain the lowest
possible rates for the cars, and shall sign and accept the liability/collision insurance
agreement on the contract.
(d) Meals. A maximum reimbursement for meals will be provided based on the General
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 or event.
(1) Per Diem Rate — For overnight trips, employees may, in lieu of the per meal
reimbursement and with the approval of their department head, elect to request per
them allowance as follows:
Breakfast $10 (if travel commences prior to 6 a.m.)
Lunch $15
Dinner $25 (if travel concludes after 7 p.m.)
(Per Diem rate includes all tips) Reimbursement or Per Diem will not be provided
for meals provided at conferences and included in the registration fees, except
when limitations of an individual cannot be accommodated by the conference
organizers or when the exception is approved by the department head for business
purposes.
(e) Lodging. Employees are expected to make lodging reservations well in advance whenever
possible, and to take other actions to ensure lodging is secured at a moderate rate.
Lodging may be secured at facilities provided at the conference location or at facilities
recommended by the conference sponsoring organization. Lodging should be a
reasonable single accommodation. Receipts for lodging must be provided to obtain
reimbursement.
(1) Reimbursement will not be made for personal telephone calls, alcoholic beverages,
entertainment expenses, or other sundry items not relevant to the public purpose
of the travel, except as provided in subsection (f), below.
(2) Employees will be allowed a reasonable amount for laundry and dry cleaning
expenses for trips lasting five or more days. Original receipts will be required for
reimbursement.
(f) Entertainment/Business Meals. The City recognizes that from time to time, it is necessary
to entertain or provide business meals for dignitaries and state, federal, and business
representatives whenever it may be deemed in the best interest of the City. Such
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expenses may be reimbursed at the discretion of the City Manager. Receipts will be
required before 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
employee on an out of town business trip; however, the City will not be financially
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. The City will not reimburse the additional expenses.
113.04 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.
113.05 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. Additional
information such as meeting/conference schedules and brochures will be attached
to provide management an overview of the meeting/event.
(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.
(3) Upon department head approval, the request will be forwarded to the Finance
Department. The Finance Department will note the departmental travel budget
and how much has been spent to date. Finance will only sign off if budgeted funds
are available. The report will then be forwarded to the City Manager for approval.
(4) 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 of the
advance or payment required. Finance will then return the approved form to the
employee.
(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.
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(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.
113.06 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
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not provide any vehicle -related reimbursement except for mileage reimbursement and
parking.
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City of Anna
Personnel Policy Manual
Section 114. Equipment/Vehicle Policy
114.01 Purpose of Equipment/Vehicle 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.
114.02 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.
114.03 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.
114.04 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
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residence. All employees must supply their department head or supervisor with a
copy of a current, valid driver's license prior to operating any City vehicle or motor -
driven equipment.
(3) No temporary or provisional commercial driver's license will be accepted. No out -
of -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.
(4) In addition, certain City employees must possess and carry a current, valid,
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:
(i) Having a manufacturer's gross vehicle weight rating of more than 26,000 lbs.;
(ii) Towing a unit with a manufacturer's gross vehicle weight rating of more than
10,000 lbs. when the gross combination weight rating is more than 26,000
lbs.;
(iii) Used to carry 16 or more passengers (including the driver); or
(iv) Carrying hazardous materials in amounts requiring placarding.
(5) Whenever driving a motor vehicle which does not require a Commercial Driver's
License, employees must possess and carry a current and valid operator's license
issued by the State of Texas. Employees will present their motor vehicle operator's
license to any authorized person upon request.
(c) Safe Driving Record. The City will require all persons operating City vehicles and those
employees driving their own vehicles on City business to maintain a safe driving record. A
"safe driving record" will be defined as:
(1) No more than three moving violations or motor vehicle accidents, in any
combination, within a 36 month period;
(2) No conviction of driving/boating/flying while intoxicated (DWI/BWI/FWI), driving
while under the influence of drugs or alcohol (DWI/DUI); and
(3) No felony conviction of failure to stop and render aid, failure to leave identification
at the scene of an accident, involuntary manslaughter, criminally negligent
homicide, or any other felony involving use of a motor vehicle.
(d) Reporting Requirements. Each employee who drives on City business shall report to
his/her supervisor (immediately if on -duty, or upon return to work if occurring off -duty) any
event 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"):
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(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
Chapter 521;
(5) Felony conviction, including but not limited to intoxication assault or intoxication
manslaughter, etc., involving the use of a motor vehicle;
(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
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(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 not to exceed 30 calendar days from the date an employee is notified of
his/her failure to meet the safe driving requirements.
(g) Proof of Financial Responsibility. Any employee driving a private vehicle on City business
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
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.
(h) Driver Training. Those employees who drive City -owned vehicles are required to complete
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:
(1) New employees shall complete a defensive driver training course approved in
advance by the employees' department head. New employees shall take the
course at the first available course date after the commencement of employment.
(2) Current employees driving a City -owned vehicle —as well as those employees who
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.
(3) All employees who are required to participate in defensive driver training shall be
required to repeat such training at least once every three years.
(i) Other Qualifications.
(1) All employees must be at least 18 years of age before operating any City vehicle or
motor -driven equipment.
(2) Employees must also consistently operate any City vehicle or privately -owned
vehicle used in support of City business in a manner which reflects positively on
the City. This includes courtesy to other drivers, appropriate distancing when
parking any City vehicle, and heightened caution in the presence of pedestrians.
114.05 Operation and Ridership
(a) Except for maintenance, service and repair, only City employees are allowed to operate a
City vehicle. Ridership should be limited to employees or persons on official City business.
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.
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(b) Employees should organize vehicle use to avoid unnecessary trips and minimize vehicle
wear and tear. Employees travelling to a common destination should travel in as few
vehicles as is practical under the circumstances.
(c) Employees shall be personally liable for any citations or penalties accompanying violations
of this provision. Tolls and parking fees (but not fines, penalties, costs, or citations) may be
reimbursed upon presentation of appropriate documentation to the Human Resources
Administrator 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.
(d) Employees shall be responsible for paying all fines and penalties stemming from moving
violations or other fines received while on duty or when 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.
114.06 Privately Owned Vehicles on City Business
(a) Employees may use privately owned vehicles on City business only after approval from
the 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.
(b) Privately owned vehicles being used for City business must display valid registration and
inspection stickers and have a current, valid, Texas license plate attached to the front 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.
(c) Privately owned vehicles will not use City gasoline, oil, fuel additives, filters, or any
maintenance supplies provided by the City. Only eligible employees can be reimbursed for
mileage driven in support of City business. No mileage reimbursements will be possible
without properly documented mileage and advance authorization of mileage
reimbursement.
114.07 Safety, Maintenance, and Care
(a) Generally. Supervisors shall not allow any driver to operate an unsafe City vehicle or
operate any vehicle for something other than its designed purpose, or issue any directives
that may cause a violation of this motor vehicle use policy.
(b) Safety. All operators and passengers will be individually accountable for abiding with all
laws pertaining to vehicles and their operation.
(1) No one is allowed to operate a City vehicle or piece of equipment while under the
influence of alcohol, medication or drugs which might impair the operator's mental
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 City equipment or vehicles without same being in place and in good repair.
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(3) No City employees may operate or place in motion any motor vehicle on City
business unless all vehicle occupants are first secured using all available safety
restraints, such as seat belts and shoulder harnesses, in the manner prescribed by
state law. All City employees riding in a motor vehicle while on City business shall
use all available safety restraints. Failure to appropriately use safety devices while
operating or occupying a motor vehicle on City business may be the basis for
disciplinary action, up to and including termination.
(4) No motor vehicle used for performance of City business shall be operated with
vision 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 view prior to putting any vehicle in motion.
(5) No City vehicle shall be operated if it has a door which does not close properly or if
it has a door that must be secured by means other than the appropriate standard
latching mechanism.
(6) Any person who is injured or becomes ill should use the radio and/or cellular
phone to obtain assistance rather than try to operate a vehicle or piece of
equipment.
(7) Use of tobacco is not allowed in City vehicles (see Section 104.06.1 of this
Manual).
(8) Employees shall take all practical measures to eliminate distractions while driving
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 "hands -free"
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.
(9) No personal or City -issued cell phones (including texting), two-way communication
radios, or any other device utilizing earphones (whether or not issued by the City)
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
presents an increased risk of damage to the vehicle or which unnecessarily
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;
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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
difficult to 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
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others, the City vehicle 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.
(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.
114.08 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.
114.09 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.
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(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 a pre -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 explicit authorization.
(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.
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(4) Provide their name and department to the other driver without discussing the
accident with anyone except the investigating officer or their supervisor.
(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 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/Pl
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.
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City of Anna
Personnel Policy Manual
Section 115. Substance Abuse Policy
115.01 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.
115.02 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.
115.03 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.
115.04 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
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City from all liability, including liability for negligence, associated with the enforcement of
the policies and procedures in this Manual and/or any searches or surveillance or testing
undertaken pursuant to this section. This consent to surveillance and searches and
accompanying release of liability does not create, modify, or otherwise affect the
employee -at -will status of any City employee, and should not be interpreted to constitute
any guarantee or promise of employment. Failure to adhere to this section and any
related policies or procedures may subject an employee to disciplinary action, up to and
including termination without warning.
(b) Surveillance. In order to promote the safety of employees and City visitors, as well as the
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, or
permission.
(c) Searches.
(1) The City reserves the right to conduct searches to monitor compliance with rules
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 general or specific expectation of privacy in the workplace of the City,
either on the premises of City property or while on duty. Employees should assume
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.
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(3) The City may conduct unannounced searches or inspections of City -owned
property 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.
(4) The City may search or seize an employee's personal property when there is
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.
(5) No employee will be physically forced to submit to a search or seizure unless
exigent circumstances require same. However, an employee who refuses to
submit to a search request from the City will face disciplinary action, up to and
possibly including immediate termination of employment.
(d) Testing.
(1) When the department head, Human Resources or City Manager has a reasonable
suspicion that an employee, at work or when reporting to work, is under the
influence 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 drug -alcohol 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-the-job 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
information in writing, to the City Manager that describes the incident, documenting
the circumstances leading to the conclusion that a drug test is necessary. Such
documentation will include the date, time, place, description of incident, and
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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.
115.05 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.
115.06 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.
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City of Anna
Personnel Policy Manual
Section 116. Reservation of Rights
116.01 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 any change.
(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.
116.02 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.
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