Loading...
HomeMy WebLinkAboutORD 1965 Adopting a New Personnel HandbookCity of West University Place Harris County, Texas Ordinance No. 1965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, RELATING TO PERSONNEL POLICIES; ADOPTING A NEW PERSONNEL HANDBOOK; PROVIDING AN EFFECTIVE DATE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, a Personnel Policies and Employee Handbook was heretofore approved and adopted by the City Council on November 17, 2008 and became effective January 1, 2009; and WHEREAS, it is the desire of City Administration to replace the existing personnel policies and employee handbook with new guidelines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Section 1. Section 2.021(a) of Chapter 2 of the Gods of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: (a) Handbook Adopled. The City Council approves and adopts the 'Personnel Policies and Employee Handbook, 2013 Edition,' which is on file in the office of the City Secretary, together with all amendments adopted by ordinance. Nothing in this section or the adopted handbook creates any contractual or vested rights of any kind. The City Council has the continuing tight to repeal and to amend this section and the handbook at any time, and the City Council does not purport to surrender or abrogate any of its legislative or regulatory authority. Section 2. The new Personnel Policies and Employee Handbook shall amend, supersede and replace the comparable provisions of all prior personnel policies and procedures heretofore adopted by the City Council or by any officer or agency of the city. Section 3. The attached 'Exhibit A' is hereby approved and adopted by the City Council of the City of West University Place. Section 4. This ordinance shall take effect and be in force as of January 1, 2013. wema.,uo�x¢anmsvxm i �za.oaemaomw�.aa Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and pars of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED, APPROVED AND ADOPTED ON FIRST READING on the ie day of November , 2012. PASSED, APPROVED AND ADOPTED ON SECOND READING AND SIGNED, on the 3m day of December ,2012. $1 Oki tr t- Signed- OP Chy Secreay (Seal) Mayor n Y Recommended: Ciry Manager /o�/jj,O! / /// Approved as to legal form: Ell Ciry Attorney Exhibit "A" Personnel Handbook x^wama�uo�xrc�x�wseaai i izwee�iaam.,aa. City of West University Place Personnel Policies and Employee Handbook 1. General Provisions The City of West University Place welcomes you to our staff. We want to make your first days on the job as pleasant and comfortable as possible. As a new employee you may have questions about City policies, procedures, and expectations of you as an employee. This handbook will answer most of those questions. The information in this handbook is to provide a consistent guide to you on policies and other personnel matters. It is not intended to give specific guidelines for every conceivable personnel interaction. These guidelines are suffiderrtly broad to provide the latitude of discretion, which may be needed in individual situations. However, the degree of discretion shall not be permitted to violate the Polil intent This policy Mould be referred to regularly when making decisions affecting City personnel. It will help ensure that decisions are fair, consistent, and in accordance with the desires of City Management. It is your responsibility to ask questions fi you do not understand any policy or procedure. The more you know about West U, the easier it will be for you to understand your role in relation to other positions. The City retains the right to change, modify, suspend, interpret or cancel any of the beneflts, policies and procedures a[ its sole discretion. Any employee who continues to work after a policy has been revised and implemented is deemed to have accepted the change in policy. This handbook is subject to the City Charter as well as the constitution and laws of the State of Texas and the United States. The City of West University Place is an At -Will employer (see Section III Employment Status). This handbook does not create, reflect or imply any contractual or vested right. Either you or the City may terminate this relationship at any time with or without cause. References to benefits, insurance coverage, leave accruals aid holiday pay are applicable to regular full -time employees and may be applicable to part -time employees on a pro-rated basis. The City Manager or his/her designee is authorized and directed N administer this handbook, including the right to establish whatever detailed regulations and procedures may be necessary to further explain antl clarify the provisions of this handbook, except with respect to those employees appointed directly by the City Council, unless further delegated to do so by the City Council. Page 1 Personnel PoI'aies and Empbyee Handbook ERetbve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook In addition to the policies outlined in the City's Personnel Policies and Employee Handbook (Handbook), it is the prerogative of each Department Director to develop and implement standard operating procedures, guidelines or general orders, which are separate from or in addition to the policies contained in this Handbook. Department procedures must be consistent with City policies and in no case will departmental policies supersede those contained in this Handbook. The City Manager or his /her designee will resolve any conflicts between department policies and dtywide policies. In order W be in effect all policies and commitments regarding your employment must be in writing and on fle with Human Resources. Many of the policies and descriptions in this Handbook are summarized from laws, rules, plans, insurance policies and other official documents which actually control specific matters. These official documents take precedence over this Handbook in all cases. The Human Resources representative is responsible for providing access to the official documents during normal working hours. R is the City's Policy to fully comply for all applicable state and federal law, inducing any amendments to such law that become effective after this Handbook is adopted by City Council. Accordingly, to the extent protections provided by state and fei law ever exceed those provided in this Handbook for any reason it is the City's Policy W comply with such law as if it were fully incorporated into the City's Handbook. No statements in this Handbook should be interpreted W limit an employee's exercise of constitutional or statutory rights, including the First Amendment right of a public employee, in certain circumstances, to speak as a ckizen addressing matters of public concern. On the other hand, statements that are prohibited by the Political Activity policy or that are made pursuant to an employee's official rapacity or in connection with his or her official duties as a City employee may be restricted by the City and, under some circumstances subject the employee to discipline. Nothing in this Handbook should be interpreted as limiting an employee's rights under the National Labor Relations Act or prohibit discussions among employees outside the workplace concerning work terms or continuous. Any employee with a work - related concern or complaint is enmuaged to express such concerns and/or complaints through the various complaint and grievance procedures provided in this Handbook. It is your responsibility as an employee to read, understand and comply with all policies, procedures, guidelines and practices of both the City and individual departments. rage 2 personnel FoGCies and Employee Handeook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook This version of the Handbook supersedes all prior versions issued by the City. This Handbook was approved by the City of West University Place City Council by Ordinance Number and became effective on January 1, 2013. MISSION: The City of West University Place is committed to enhance the quality of life in the community by a commitment to excellence in the delivery of public services. As "Good Will Ambassadors" for our City, employees consistently demonstrate the City's guiding values of: Superior Service: Taking pride in the service that you provide and the products that you produce; Caring about the needs of the customer — listening to their needs; Giving valued service W customers — they feel their tax dollars are well spent and taking time to explain your decisions or actions; Providing services in a personal, customer - friendly manner — being courteous and polite; Following up on your commitments. Productivity: tnoking for more cost effective ways to do the job; Being competent — know your subject area well, using your skills and knowledge in your job; Using common sense in providing service or making a decision; Completing projects on time and within or under budget; Providing reliable, valued services and products. Initiative: Taking the lead; Taking calculated risks; Being self - motivated; Anticipating and solving problems; Identifying opportunities for improving services and products; Page 3 Moonnel Policies and! Employee Handbook Emxtve: January t, 2013 City of Wes: University Place Personnel Policies and Employee Handbook Responsibility: Holding your self and others accountable for action and results; Owning the results and outmmes; Continually improving self based upon feedback; Considering long -term impacts of your decisions and actions; Being respectful and honest; Acting with personal integrity. Innovation: Looking for better ways to do the job; Being open to others, actively seeking new ideas; Creating opinions before making a decision or recommendation; Willing to learn new skills or techniques; Being creative — finding new ways to do something — even when it is not easy; Beirg resourceful. Teamwork: Focusing on common goals and the "Big picture": Supporting the departmental mission by never allowing a personal agenda to interfere with the accomplishment of the departmental goals; Communicating in a dear, objective and direct manner; Supporting official decisions and actions; Knowing your team role, being an active, productive team member; Working together with others, ask `Who needs to be involved". Page 4 Fersennel Polities and Emprnyee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook II. Recruitment & Employment Equal Employment Opportunity. The City of West University Place is an equal opportunity employer. The City does not discriminate against qualified applicants or its employees in its employment policies, practices and access to its services. Title VII of the Civil Rights Act of 1969, as amended, and other federal civil rights laws, prohibits discrimination against or preference for any person in recruitment hiring, discharge, pay, fringe benefits, membership, training, examination, appointment, promotion, retention, discipline or any other aspect of employment because of race, color, sex, age, religion, national origin, marital status, disability or on the basis of gametic information. The City will not allow illegal discrimination in the workplace and conduct found to violate the City's policies relating to discrimination and harassment may lead to discipline, up to and including termination. Serua /Harassment antl Discrimination. It is the right of all employees to perform their jobs in an environment free from all forms of harassment, including innuendo, physical contact, verbal suggestiveness or derogatory ethnic/racial /sexual remarks. While supervisors are responsible for creating and maintaining an atmosphere free of harassment, employees are responsible for respecting the rights of co-workers. The Gty will not tolerate conduct or material that is offensive to a reasonable employee. Title VII of the Civil Rights Act of 1969, as amended prohibits discrimination on the basis of sex. Additionally, the Equal Pay AR of 1963 prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment, recognizing that not all employees perform at the same level, employee salaries may be different based on factors other than sex, including individual performance evaluations. The Equal Opportunity Commission defines unlawful Sexual Harassment as unwelcome, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or Implicitly a term or condition of an individual's employment, including hiring, promotion, pay, fringe benefits, job training, classification, referral and other aspects of employment, and 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. paw 5 Nexinnel Policies aM Employee Hantlhmk ERecdve: January 1, 2013 CHy of West University Place Personnel Policies and Employee Handbook U is the City's policy to prohibit sexual harassment and discrimination in the workplace and this policy covers vendors, customers and /or others who enter our workplace as well as all employees. HarassmentaMAnH- Via /enre WOrkpil The City prohibits and will not tolerate employee conduct that is harassing, intimidating, threatening or violen4 including, but not limited to: inappropriate or harassing comments, jokes, references, or mannerisms; threats of violence; physical challenges to fight, stalking; inappropriate or harassing Physical conduct; attempted assault or assaulting of fellow employee(s), vendors, customers and /or or any others who enter our workplace. Employees should make any complaint that they may have under this policy through the City's complaint procedure. Any employee found in violation of this policy will be subject to disciplinary action, up to and including termination. Online Nalassment. Consistent with the spirit and intent of the Sexual Harassment and Discrimination Policy and the Harassment and Anti- Molence Workplace Policy membered above, the City will not tolerate harassing, intimidating, threatening or Violent employee conduct or behavior by an employee that creates intimidating, hostile or offensive environments online or through electronic means. The City prohibits such conduct whether it occurs at work or outside of work via social media, including but not limited W chats, Twitter, message boards, things, social networking sites such as Facebcok or Linkedln, instant messaging, avatars, spam, redirected or automatic linking, popups, or other Internet sources or through electronic means such as text messages, email messages, voicemail messages, or images relayed on cell phones, computers, or tablets when they are directed toward, or concern a City employee, City representative or when they create a harassing or intimidating environment at work. These forms of harassment, commonly referred W as online harassment, cyberstalking, cyberbullying, or teMral harassment, are prohibited W the same extent as prohibited in- person conduct or comments described in the Sexual Harassment and Discrimination Policy. The sending of offensive messages, humiliating comments, threats, or erotic pornographic, or lewd images or recordings by City employees to or about any other employee or representative, whetter on City- provided equipment or otherwise, constitutes a violation of this policy. An employee who suspects he or she has been subjected W online harassment should save a copy of the harassing material and forward the material together with his or her complaint under the City's complaint procedures. Any employee who violates this policy will be subject to disciplinary action, up to and including termination. Additionally, employees should be aware that Search 33.07 of the Texas Penal Code states, in part: ONLINE IMPERSONATION: (a) A Person commits an offense if the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another Person to: Page 6 Personnel Polices and Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook 1. to create a web page on a commercial social networking site or other Internet website; or 2. post or send one or more messages on or through a commercal social networking site or other Internet website, other than on or through an electronic mail program or message board program. (b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references the name, domain address, phone number, or other item of identifying information belonging to any person: 1. without obtaining the other person's consent; 2. with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and 3. with the intent N harm or defraud any person. Any employee found in violation of this policy will be considered to have violated the City's policy concerning online harassment and will be subject to disciplinary action, up to and including termination. Americans with Disabiiities Act. It is the City's policy to prohibit discrimination on the basis of disability in employment and in connection with the admission to or access to City- provided services. The Rehabilitation Act of 1973, as amended, and the Amed<zns with Disabilities Act of 1990 (ADA), as amended, and the ADA Amendment Act of 2008, prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and any other terms, conditions or privileges of employment. ADA Accommodation PWAV. The City is committed to complying with all applicable provisions of the ADA. It is the City's policy not to discriminate against any qualified employee or appilmirt with regard to any terms or conditions of employment because of such individual's disability or perceived disability so long as the employee can perform the essential fund of the jab, with or without reasonable accommodations. Consistent with this policy on nondiscrimination, the City will provide reasonable accommodations determined through an interactive process, to a qualified individual with a disability as defined by the ADA, who has made the City aware of his or her disability and /or need for accommodation, provided that such accommodation does not place an undue hardship upon the Cary. An employee with a disability who believes that he or she needs a reasonable accommodation to perform the essential functions a his or her jab should contact Human Resources. The City encourages individuals with disabilities to make the City aware of any disability and to request a reasonable accommodation. Page ] Personnel Policies and Employee Mar lwok Efkctive: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Procedure for Requesting an Accommodation. Accommodation requests will be evaluated on a case -by-wse basis through an interactive process. In response to an accommodation request, a member of Human Resources and the employee's supervisor will meet with the employee to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the City might make to enable the employee to perform the essential functions of his or her job. In the event that the employee seeks accommodation but is unable to suggest an appropriate accommodation, the City may consult with outside agencies and organizations to identify reasonable accommodation options for the specific situation. The City will determine the feasibility of the requested accommodation considering various factors, including, but not limited to, the nature and cost of the accommodation, the City's overall financial resources, and the accommodation's impact on the operations of the City and the individual department and /or division, including its impact on the ability of other employees to perform their duties and on the City's ability to conduct business. The City will inform the employee of its decision on the specific accommodation request, any altemative accommodation proposed, or how to implement the approved accommodation. if the accommodation request is denied, the employee will be advised of the right to appeal the decision to the City Manager by submitting a written statement explaining the reasons for the request, within five (5) business days. If the request on appeal is denied, that decision is final. If an employee's circumstances or needs change, he or she may restart the interactive process and request a reasonable accommodation, even if an earlier request has been denied. The City does not need to provide an accommodation if doing so would cause an undue hardship, meaning the accommodation is unduly costly, extensive, substantial or disruptive or would fundamentally alter the nature or operation of City business. The ADA does not generally require the City to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items at the City's cost (i.e. eyeglasses, hearing aids, wheelchairs, etc.). Employee's who fail to return to work after the conclusion of an approved leave, including any extensions of leave granted as a reasonable accommodation, shall be regarded as having voluntarily resigned their position. Complaint Pn7o%dures. The City is committee to a wodc place free of discrimination and harassment. Any employee that is subject to, is a witness to, or becomes aware of any conduct that might be considered discrimination or harassment of any employee must immediately reliant the incident to their immediate supervisor and /cur Human Resources. If a supervisor is notified of a complaint, he or she should immediately paw 8 nermnnel Polims and Employee Hand vb ERem": January 1, 2013 City of West University Place Personnel Policies and Employee Handbook natty Human Resources. If the supervisor is the person engaging in the alleged conduct that is subject to complaint, the employee should report the conduct m any other supervisor and /or Human Resources. The following steps should be followed to complain: 1. Human Resources and/or the supervisor will conduct an investigation when appropriate. When appropriate, local law enforcement officials will be involved to ensure the safety of employees. 2. If it is determined that discrimination or harassment did occur, the qty, will take prompt corrective action to END the harassment or discrimination, RETURN any lost benefits or opportunities to the employee, RESTORE a proper work place environment, and DISCIPLINE the harasser. The discipline or corrective action taken, which may include discipline up to and including termination, will reflect the seriousness of the incident Complaints made in goal' faith will in no way be held against an employee. However, the misuse of the complaint process may result in the appropriate disciplinary anion, up to and including termination. The City will not tolerate retaliation of any kind and in any manner. This protection extends not only to individuals who complain about unlawful harassment and /or activities, but also to those who serve as witnesses or participates in investigations under this polio/. Confidentiality will be maintained as much as possible regarding complaints of unlawful harassment. However, absolute confidentiality cannot be promised as complaints may be disclosed during the course of the investigation, but only to those who need information to conduct an investigation and /or take corrective action. f ud Pa/icy. The City is committed to protecting its revenue, property, information and other assets from any attempt, either by members of the public, contractors, vendors, volunteers, or its own employees, to gain by fraud or deceit, financial or other benefits. It is everyone's responsibility to report any possible fraudulent activity or irregularity. The City will make every reasonable effort W identify and promptly investigate all instances of known or alleged instances of fraudulent activities or other fiscal irregularities. When suspected fraudulent incidents or practices are observed by or made known to an employee, the employee shall report the incident or practices to their supervisor. If it is inappropriate to report the incident to the supervisor or if an employee is uncomfortable reporting the incident or practices to the supervisor, the employee may report it to their Department Head or Human Resources. Page 9 Pamnnel Policies and Employee Handbook etrMive: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Unless there is a conflict of interest, the respective Department Director has the primary responsibility for the investigation of all suspected fraudulent acts as defined in the policy. If the City determines that fraudulent activities have occurred the Department Director will issue a repot to the appropriate designated personnel and, W appropriate, to the City Council. If, during an administrative investigation of an employee, information is found or developed indicating the employee may have committed a criminal offense, the information will immediately be referred to the appropriate law enforcement agency for investigation. The City will take appropriate disciplinary and /or legal actions against employees or others found to have violated this policy, including possible termination of employment, restitution, and disclosure of available information to the appropriate authorities for criminal ProseMior. Fraud will not be tolerated and will be appropriately dealt with regardless of the individual's past performance, position held, length of service, or relation to the City. Additional information is contained in the Anti -Fraud Procedures. Whistlebiorvee: The City's policy is to comply with the Texas Whisdeblower Act, and accordingly the City prohibits suspending, terminating, or taking other adverse personnel action against a City employee because he or she has in good faith, reported a violation of the law by the City or one or more of its employees to an appropriate law enforcement authority. Employees are required to promptly report any violation of this policy to the Human Resources Department under the City's complaint policy in Section MI. Weapons. With the exceptian of candied law enforcement officers, City employees (including employees licensed to carry a concealed handgun under Texas law) are prohibited from carrying any type of Flrearm or prohibited weapon in City owned buildings and vehicles. The Texas PublArMfoinfar AC6 While the Texas Public information Act requires that many of the documents and much of the information collected by the City is subject to public disclosure upon written request, a City employee has the night ro choose whether or not to allow public access to portions of his or her personnel file that reveal a home address, home telephone number, social security number and information that reveals whether or not he or she has family members. Home addresses or telephone numbers of public safety employees are automatically dosed to the public. A new employee must state, in writing, no later than the 141° day after the initial date of employment, if this information is to be available upon public request or to remain confidential. Gage 10 Persi Niiciei and Employee Haneeook Earl ]nary 1, 2013 City of West University Place Personnel Policies and Employee Handbook Employees are required to comply with the Texas Public Information Act as it relates to their respective department and jab, including but not limited to records retention, e- mail, e-mail addresses, among other documents and information. Drug Free only Alrobol Flee Workplace. In complying with the Drug Free Workplace Act of 1988, as amended, the City is committed to providing a safe and productive wade environment for its employees, ensuring the well -being and safety of its citizens and protecting the integrity of the City through the anions of its employees. The presence or use of illegal drugs or alcohol on the job is prohibited. Further, employees are prohibited from working under the influence of illegal drugs, alcohol, or any other substance which could impair an employee's ability to safely and effectively perform the function of his /her job. The City prohibits the manufacture, distribution, dispensation, possession, sale or use of illegal drugs, intoxicants by employees at any time on or off duty. Ensuring that while on duty for or acting on behalf of the City, while wearing a City uniform and /or in a City vehicle, while on City premises, that employees will not be impaired by alcohol, intoxicants or have illegal substances present in their systems. Employees will be subject to drug and alcohol testing when a supervisor has reasonable suspicion of drug or alcohol use; after accidents which cause damage m a City vehicle or another vehicle, or property, regardless of how minor; when returning to duty as a result of self - referral; during follow -up after a determination that the employee was in need of assistance in resolving drug or alcohol problems; when an employee is promoted W a safety- sensitive position; or when chosen for random testing if an employee works in a safeysenskive position. Tobacco Free Environment Tobacco use of any kind in any City building, facility or vehicle is prohibited. Employees will be allowed to smoke only in designated areas, which may not be within 15 feet of any building entrance and shall be in accordance with the Rest & Meal Period Section of this handbook. In this policy, the "use of tobacco products" means the inhaling, exhaling, burring or carrying of any lighted cigar, cigarette, or other combustible tobacco product in any manner, including cigarettes and cigars; the chewing of tobacco and the use of snuff. Additional information is contained in the Tobacco Free Environment Administrative Procedure. Appropriate Appearexe. The personal appearance and grooming of our employees Plays an important role in the Perception that the public and customers have of the City of West University Place. Employees are expected to maintain minimum standards of dress, grooming and personal hygiene appropriate for the Position and job duties and as necessary to protect the safety of the public and /or other employees. Nge II PenOnnel Policies and Employee Handbook ERMive: January 1, 2013 City of West University place personnel policies and Employee Handbook This policy establishes the foundation for the City's dress code policy. In order to maintain a positive public image and to assist employees in determining what is appropriate, the following guidelines are established: 1. Each employee, taking into consideration their position, shall maintain a professional, appropriate and business -like appeaunce when representing the City. Casual Fridays are permitted, which includes the wearing of jeans. If wom, jeans must be clean and not faded or tom. Employees whose position requires them to wear a City approved uniform may not wear jeans on usual Fridays. Note: In all cases, employee's attire is expected to be appropriate for daily activities, meetings or public functions and Casual Fridays may be discontinued or cancelled depending on circumstances. prohibited: 1. Revealing, suggestive, sheer, see- through tops, blouses, or sweaters (unless worn over another shirt). 2. No shirt that allows a bare midriff. 3. Tshins with advertisements, political messages, or slogans (unless provided by the City for a specifc City/Public event). 9. Revealing, sheer, see- through skirts, pares, shorts, etc. 5. leans. Pants made of a heavy denim or jean material. (Exception: Field Personnel and Casual Fridays). Supervisors may make exceptions to the dress code for certain special projects that may require to "dress down ". If worn, jeans must be clean and not faded or torn. 6. Lip, nose, tongue, or any other pierdng(s) on a visible part of the body (excluding ears). ]. Overalls and shorts (Department Directors may make exceptions for uniformed seasonal wear). 8. Sweats and wind suits. 9. Hair worn in a manner to create a safety hazard, including fadal hair. Exudations, The Department Head may make exceptions with the City Manager's approval. Po/�/ Ad wtyc M employee may not endorse a political affiliation and /or candidate for federal, state or local public office while on -duty or permit the display of the City logo or the use of any City equipment or property in support of such candidates. As an employee, you cannot seek or hold an elective office in the City. Page 12 Personnel Policies and Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Upon announcement of intention to seek or assume such office, you must submit your resignation. M employee may net engage in political activity relating to a campaign for an elective public office or a proposition to be voted on by the public while in Oty uniform, on- duty, or while representing or acting on behalf of the City. For purposes of this policy, political activity includes but is not limited to: t. Using or granting permission to use his or her job title for political activity. 2. Making a speech to a group or gathering supporting or opposing a candidate or proposition. 3. Distributing information relating to the campaign of a political affiliation and /or candidate or a proposition. 4. Wearing a campaign button while in uniform. 5. Circulating or signing a petition for a political affiliation and /or candidate or proposition. 6. Soliciting votes for a political affiliation and /or candidate or proposition. ]. Using city equipment to promote a political affiliation and /or candidate or proposition. 6. Soliciting campaign contributions for a political affiliation and /or candidate or for or against a proposition. 9. Any activity supporting or opposing a political affiliation and /or candidate or proposition expressed in a manner, time or location that may reasonably cause a member of the public to believe such support or posidon represents a potition of the City. 10. Any activity supporting or opposing a political affiliation and/or, candidate or proposition expressed in a manner, time or location that disrupts or interferes with the operations or effectiveness of City operations. Outside Employment While employed by the City, regular full -time employees must notify their supervisor before accepting additional employment and are subject to certain restrictions as outlined in the Departmental Standard Operating Procedure /Guideline or General Orders. Employment at the City of West University Place is considered to be an employees primary employment. Scheduling of outside employment requires prior approval and shall not interfere or conflict with an employee's work schedule or call -back status at any time. The City shall not be responsible M accommodate due to outside employment. Media Covets. The City Manager, Department Directors and designated Public Information Officer(s) are authorized to serve as liaison to media representatives. A Communications Team may be created and authorized to disseminate information as directed. Members of Me City police and fire forces may communicate with the media in the event of disaster, threats W public safety, or other circumstances requiring Page 13 Perawnd Pokdes and Employee Handbook Efkedve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook immediate and spedfic communications to protect citizens. Other employees are not authorized to make statements on behalf of the City, unless directed to do so by the City Manager or the responsible Department Director in response to specific inquiries, and if so authorized, such responses should provide only routine factual information relating to the employee's duties. Even under a sopervisors director, no employee, unless he or she is an authorizetl liaison, should address the media on behalf of the City concerning litigation, legal opinions or City personnel matters. If an employee receives a media inquiry, the employee should respond that he or she must relay the request to a supervisor and that he or she does not have the authority to respond on behalf of the City to that type of inquiry. An employee must report any media inquiry received and response provided to the respansible Department Director. acceptance of Gift aiM Conflicts o ,Zuhsnast City employees may accept gift in compliance with Federal and State laws and this policy. The purpose of laws and policies governing gifts to public employees is m regulate attempts to influence the employees to use their authority or discretion to the advantage of the person making the gift. It is a crime for a public employee to agree to make a decision in return for a payment or receipt of some other benefit. Employees may not accept gift, favors, services or promises of future employment that could relate to, or infuence the performance of the employee's official dudes. Employees may not use their position to gain special privileges or benefits and are to avoid parbapatrg financially in any business enterprise, which might influence their official decisions and judgments. Employees may not hold any position with any business enterprise or govemmendal unit, which would conflict with the proper performance of the employee's dudes or responsibilities. Employees, employee's spouse and minor children are prohibited from soliciting or receiving gift in any amount unless a specifc statutory exception applies. Benefit means any economic gain or economic advantage to an officer or employee or to a relative of an officer or employee, but does not iraude: a. Political contributions made and reported in accordance with law. b. Awards publicly presentetl in recognition of public service. C. Gift or other tokens of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities. d. Commercially reasonable loans made in the ordinary course of the lender's business. e. Complimentary copies of trade publications. I. Reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official City business, if furnished by the sponsor of such public event; or in connection with speaking engagements, Page 14 Rasonnel Polki and Employee Handbook Efecrw: January r, M13 City of West University Place Personnel Policies and Employee Handbook teaching or rendering other public assistance to an organization or another governmental entity. g. Any economic gain or economic advantage conferred by any one person or organization if the economic value totals less than $50.00 per calendar year. The City Manager and Finance Director may accept gifts to the City and issue acknowledgements on behalf of the City, subject to restrictions set forth in the CNs Code of Ordinances. Su ntiailnterestin Business Entity. A member of the City's governing body or another City officer, whether elected, appointed, paid or unpaid, shall disclose their interest in a business entity as required and described as "substantial inter in Chapter 171 of the Local Government Code. A person has a substantial interest in a business entity tl: a. the person owns 10 percent or more of the voting stock or shares of the business entity, or owns either 10 percent or more, or $15,000 or more of the fair market value of the business entity; b. funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year. C. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. A local public official is considered to have a substantial interest if a person related to the official in the first degree of consanguinity or affinity, as determined under Chapter 573 of the Government Code, has a substantial interest. Right to Search and Inspect. City employees have no reasonable expectation of privacy with respect to the contents of any property that they bring to work on City property. The Gty reserves the right to question all employees and all other persons entering and leaving City property and to inspect, with or without prior notice, any City vehicle, package, parcel, purse, handbag, briefcase, lunch box, electronic device of any kind including but not limited to: any personal or City issued cell phonate), recording devices, I -Pad, laptop, or any other personal possession or article on Gty property. In addition, the City reserves the right to search any office, desk, file, computer, locker or any other area or article owned by the Gty. In this connection all offices, desks, files (including electronic or computer files), computers, lockers, vehicle and any other piece of equipment or furniture are property of the City and are issued for the use of employees only during your employment. Inspections may be conducted at any time at the discretion of the Department Director or City Manager with or without Me employee's consent or approval and with or without prior notification; including property that is used exclusively by the employee, but that is secured, unsecured, or Page 15 Permnrel Policies and Employee Handbook ERMIVe: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook secured by a lock or locking device provided by the employee or the City. Employees should never bring to work and /or store at work personal items that he /she would not be prepared to show and possibly turn over to City officials and /or law enforcement authonjes. M employee who interferes with a search or fails to cooperate in allowing a search conducted under this policy, including giving access to City property as directed, may be subject to discipline, including termination of employment. Nepotism (Employment ofRe/ati ses). M applicant may not be hired as employee if that department already employs a person who is a "family member" of the applicant as defined below. A "family member" for the purposes of this policy means a person who has one (1) of the following relationships W an employee in the department: 1. Husband, wife, son, son -in -law, stepson, daughter, daughter -in -law, stepdaughter, father, stepfather, father -in -law, mother, mother -in -law, stepmother, brother, brother -in -law, sister, sister -in -law, grandfather, grandmother, grandson, granddaughter, niece, nephew, aunt, uncle and /or former family members (sometimes referred to as an "ex's; or 2. Non - married co- habitants, roommates and /or significant others who live in the same household and /or who are economically dependent on one another. If an employee becomes a family member of another employee who works in the same department, such employee may not be promoted to any position that has any supervision or authority over the other family member either directly or through the chain of command. If a supervisor becomes a (amity member of any employee under his or her supervision or authority, either directly or through the chain of command, and neither the supervisor nor the employee /family member voluntarily resigns or is transferred to another available position for which he or she is qualified, within 60 days of the date on which the employees became family members, the employee with the least amount of consecutive service time with the City immediately prior to the date on which the employees became family members, is considered to have automatically resigned his or her position of employment on the 60 day following the date on which the employees became family members. The City may not appoint to any office, position, clerkship, or service to the City any applicant who is related to a member of the Executive Team, a Department Head, the Mayor or a member of City Council within the second degree of affinity, (a relationship Page 16 )ersonwll Policies and Empbyce HardWak ERecdre: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook created by marriage and within the first and second degree includes: spouse, mother - in -law, father -in -law, sister -in -law, brother -in -law, daughter -in -law, son -in -law, grandparent- in-law, grandchild -in -law, uncles and aunts by marriage), or within the third degree by consanguinity (a relationship created by birth and within the first and second degree includes: grandparents, parents, brothers, sisters, children, grandchildren, aunts and uncles and within the third degree includes: nieces and nephews, great- grandfaMer, great-grandmother, great-grandson, great -grand- daughter). WorRp/are Re/adonsh/ps. Managers and supervisors are prohibited from engaging in a dating, romantic and /or sexual relationship with subommates within their direct reporting chain or for whom the manager or supervisor has authority to determine job assignments, pay or promotions. Managers and supervisors are expected to conduct themselves in a professional manner and W discuss any concerns about potential violations of Pins policy with Human Resources. Romantic, sexual or dating relationships with co-worker peers are norm discouraged, but, g such a relationship develops during employment, the City expects that the employees involved will act in a professional and businesslike manner at all times within the workplace. Use of City Property. City facilities, equipment, supplies and other City resources are made available to help employees perform their job duties and not for their personal use. The City, however, recognizes that under certain circumstances the employee's occasional brief use of City telephones, computers, facsimile, e-mail, copiers, Intemet, and similar resources for personal use may be necessary or beneficial to the City. The Gty may establish separate procedures governing the use of specific equipment. An employee that violates this policy, with excessive use of City equipment for personal use, shall be subject to disciplinary action up to and including terminadon. Intemet The City of West University Place Internet Policy is established to ensure compliance with applicable statutes, regulations and mandates regarding the use of information technology systems (System); to establish prudent and acceptable practices regaining the use of the Internet; and to educate individuals who may use the Internet, the intranet or both with respect to their responsibilities associated with such use. All electronic information on the System remains the property of the City and employees have no right of privacy with respell to their use of the System even if for permitted personal use Employees must recognize that it is within the capabilities of the System to recover previously deleted material at any time and such recovered material remains the property a the Gov. All employees are notified that information sent, received, and stored on the City's System is subject to being monitored and recorded at any time. Page 17 Personnel Policies and Employee Handbook Eff"ve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Any information on the System is presumed to be subject to disclosure, upon request, as public information. Therefore, employees should use discretion in making use of the System to discuss sensitive matters or matters in litigation. The Internet provides West University Place with significant access to and capability for dissemination of information W organizations and individuals outside the City. Misuse of the Internet may expose the City and its employees to civil and/or, criminal sanctions as well as to embaressmenq humiliation and dtlicule. Internet use that violates this policy is subject W disciplinary action up to and including termination. Additional information is contained in fine Internet and Acceptable Use Procedures. Social Media, All official use by the City of social media sites or services is considered an intension of the City's information and communications networks. All City use of social media must be approved by the City Manager or his/her designee and be in compliance with all applicable policies and procedures. The City's Communications Team, which am as the City's official spokesperson, also has responsibility over all aspects of the City's official web presence via social media. The City will maintain one official page per each approved social media antler, which is W be created, maintainetl and monitored by the Communications Team. Use of social media must comply with applicable federal, state, and City ordinances, regulations, and policies, as well as proper business etiquette. This includes adherence to established laws and policies regarding copyright, records retention, release of public information, the First Amendment, privacy laws and information security policies established by Ne City of West University Place . Wherever possible, links to more information should direct users back to the City's official webshe for more information, forms, documents or online services necessary to conduct business with the City. Employees using Social metlia for City business purposes or in representing the City via the City's social media outlets must conduct themselves at all Imes as representatives of the City of West University Place and in accordance with the City's values. The City of West University Place reserves the right to remove any messages or postings for any reason, including those that are disrespectful, distasteful, obscene, and /or in violation of copyright, trademark right, or other intellectual property right of any third party. For the purpose of this policy, social media consists of various online technology tools that enable people W communicate via the Internet W share information and resources including text, audio, video, images, podcests, and other multimedia communications and may include but is not limited to: event posting, telling, phomsharing, wall postings, video sharing, blogging, Facebcok, Fill MySpace, microblogging, Twitter, Unkedln, youTUbe, and similar platforms. Page IS Permnnel Polmies and Employe HaMbwk ERective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook In online social networks, the lines between public and private, personal and professional may be blurred. When a City employee self - identifies as a City employee, he /she is creating a perception about the City. For Nis reason, content posted online relating to City business, in representing the City or in which the City is identified, must be consistent with the Citys values and professional standards and not contain discriminatory remarks, harassment, threats of violence, or similar inappropriate or unlawful conduct. Further, employees may not use social media at any time to divulge confidential or private information learned through working at the City whether such information concerns other employees, citizens, City officials, or City business. Violations of this policy may lead to disciplinary action up N and including termination. Additional information is contained in the Social Media Uses Procedures. E-mail The purpose of the City of West University Place's e-mail policy is to establish the rules for the use of the City's e-mail for sending, receiving or storing electronic mail. The Policy is designed to ensure compliance with applicable statues, regulators and mandates regarding the management of Information Technology resources; to establish prudent and acceptable practices regarding the use of e-mail; to educate individuals using e-mail with respect to their responsibilities associated with such use. Employees are required to comply with the Public Information Act as it relates N their respective department and job, including but not limited to records retention, e-mail, e-mail addresses, etc. E -mail users that violate this policy are subject N disciplinary action up to and including termination. Additional information is contained in Ne E -mail and Acceptable Use Procedures. Telephone. All employees are prohibited from making non- business long distance telephone calls via the City's long distance provider, except in emergency situations. Calls placed though Personal calling cards, pre -paid cards and /or credit cards are not prohibited other than the general prohibition on employees unreasonably using work time for personal business. For quality control and /or other business - related purposes, telephone calls on City equipment may be mon'Itored and /or recorded at any time. Recording. It is the City's Policy to comply with all applicable state and federal laws and regulations pertaining to recording and employee monitoring, whether through audio and /or video monitoring and recording, or otherwise. City employees do not have a reasonable expectation of privacy regarding their use of any City-issued equipment, property or their communication while at work. By way of example only, video and /or audio surveillance equipment has been or will be installed in many City Page 19 Permnnel Palm and Employee HaML k ERMNe: January 1, 2013 City of west University Place Personnel Policies and Employee Handbook buildings, including the Recreation Center, Colonial Park, City Hall, Police Department, Fire Department, Public Works and the Community Building; some City telephones are equipped to lawfully record calls; calls made to dispatch seeking assistance from the Police Department or Fire Department are recorded; the City has the ability to monitor telephone calls /usage and computer usage; and most City vehicles are equipped with traddng devices using GPS technology, which records vehicle location. City monitoring, surveillance and recording equipment may not be used for personal purposes or in connection with any unlawful conduct. Ce//u/ar Phone. The City will own and provide cellular phones and services to qualified and approved City officials. This includes personal productivity devices that are capable of using the cellular telephone network or WIFI (tablet type devices). The City will maintain a single service provider contract from authorized state, local or federal cooperative contracts that offer discounted pricing and a wide range of service plans. Use of any other services provider or contract far City owned cellular phones and /or services must first be justifed and approved by the IT Director. In order to maintain standardization and compatibility, the IT Director will set the standard for cellular phone and tablet devices. The standard will be reviewed every two years and technology refreshes will of as needed. As an alternative to a City owned and provided cellular phone or tablet device, the Gty Manager may authorize the issuance of a monthly stpeM to those City officials he deems to be Critical Decision Makers. The stipend is intended to only pay for City related costs incurred on personal cellular phone accounts, and eliminate the need for such officials to carry and maintain separate devices for City business. The stipend is valid as long as the required services (defined in the procedures section) are maintained on the personal amount. The stipend is determined by matching the cost of the same or equivalent service offered from the City's official service provider. With the City Manager's approval, reimbursement may be allowed for the initial purchase of the device and technology refreshes every two years thereafter. Reimbursement also includes reasonable accessories including chargers, hands -free devices, protective covers and insurance . Upon separation from the City, City officials to whom a City-owned device has been issued will be offered to buy -back their device, the cost of which will be determined by the then fair market value. Absent express written pennission from the City Manager obtained in advance, employees are prohibited from (1) imaging, scanning, photographing or recording video images of confidential and /or proprietary City information with a personal or City issued phone, ramem or any other electronic recording device, (2) imaging, photographing or recording video images in Gty restrooms, locker moms, dressing rooms or other areas Page 20 Personnel Polid¢ and Emgoyee Handbook ERMme: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook where individuals dress or undress, (3) disseminating confidential or proprietary information belonging to third parties in any format. An exception to this policy exists for criminal and /or administrative investigations, but any images, photographs, video or other electronic material obtained during a criminal or administrative investigation is property of the City and is considered confidential. Employees in violation of this policy will be subject to the appropriate disciplinary action up to and including termination. Qty Owneal Vsside s. City-owned vehicles may be used only for City business, except as otherwise specifwlly authorized by department procedure approved by the City Manager. Most City-owned vehicles are equipped with CPS tracking devices. Tampering with and /or disengaging such equipment is grounds for disciplinary action up to and including termination. Persona/ Vehicle Vae for CAly Hus/ness. The City of West University Place will provide for the appropriate reimbursement to employees for expenses incurred in the use of personal vehicles on City business. In that regard, when an employee uses his or her own personal vehicle for City business are subject to the same safe vehicle operating restrictions applicable to City -owned vehicles, as set out in the Safe Vehicle and Equipment Use policy. The City will reimburse employees for the use of their personal vehicle for City business at the rate periodically published by the Internal Revenue Service. Mileage reimbursement shall cover only those miles incurred for City business and does not include an employee's normal commute to his /her place of business or any travel associated with an employee's personal business. Reimbursement requests should indicate the points of travel and the miles eligible for reimbursement. Mileage reimbursement requests shall be sent to Accounts Payable on a monthly basis. Safe Vehicle anal Equipment Ore. It is the policy of the City of West Univers ity Place to provide employees adequate tools, equipment and vehicles, when the employee's job requires the use of a vehicle. The City requires all employees to observe safe work practices and lawful, careful and courteous operation of vehicles and equipment, including the compliance with all federal, some and local rules and regulations. Employees whose positions require the operation of a motor vehicle must, in addition to meedng the approval requirements, exercise due diligence to drive safely, wear seat Page 31 Personnel Policies and Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook belts, fallow all traffic laws, and avoid distractions while driving, such as using a cellular telephone or entering data on a Mobile Data Terminal (MDT). Employees are prohibited from using City issued or personal cell phone devices while operating vehicles and/or City equipment. This includes receiving or placing calls, teat messages, surfing the internet, receiving or responding to e-mail, or checking for phone messages. If, while operating a City owned vehicle, or while driving a personal vehicle on City business, a City employee finds it necessary to use a device in any manner mentionetl above, he /she must stop safety, locate a lawfully designated area to park, secure the vehicle, and then make the all, teat or response required. In limited circumstances, the City Manager or the Department Director may approve the use of hands -free devices by employees. Excessive use of City issued or personal cell phone devices while in City vehicles during work hours is prohibited. Focus should instead be on providing the intended City service W the public. Decisions regarding the use of City cellular telephones, electronic paging devices, and wireless personal communications devices which am not explicitly stated herein will be left to the discretion of the City Manager. Department Directors are authonzed to administer, provide guidance on, and assure compliance with the features of this policy. Employee's are responsible for maintaining the interior and exterior cleanliness of the vehide(s) they are assigned. Additionally, employees are responsible for the security a the vehicle and its contents. When employees receive fines of any kind in connection with their use of a City vehicle, the employee will be responsible for that fine. Employees are not Permitted, under any circumstances, to operate a City vehicle, or a personal vehicle for City business, when the employee cannot drive safely. This prohibition includes circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, mediation or intoxication. Driving records of employees who operate City vehicles and equipment and /cur whose position requires driving for Gty- related business shall maintain a satisfactory driving record and Me appropriate license at all times. Damage, neg /igenre or abuse of City vah/dey equipment aiM /or property. All employees are required to report both damage to Gty vehicles and/or equipment, and accidents involving Gty vehicles and /or equipment. It is a violation of City polity ro fail to promptly report any damage observed an any City vehicle or equipment whether such damage was caused by the employee or not. Further, it is a vidatlon of policy to fail to report any vehicle or equipment accidents in which the employee is Involved as the operator and for example, strikes an object such as a curb, boulder or other objects whether or not any noticeable damage results. Employees shall always report any such Page 22 Persmnd Policies and Employe tlantlbook Effwarc: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook incidents and /or the damage to his/her supervisor and the supervisor shall complete a vehicle acident report within two (2) hours or by the close of business, whichever comes first. Employees found in violation of this policy will be subject to appropriate disciplinary action up to and including termination. Page 23 P nnel Mines and EmOlawe Handbook EffeRlve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook III. Employment Status At -Will Employer. Employment at the City of West University Place is at-will for an indefinite period of time, until terminated by either the City or the employee, with or without cause. That means either party may end the relationship with or without prior notice or cause. No written or oral representation by the City of West University Place personnel will create a contract of employment. No employment practices of the City are intended to create a contract of employment. No changes in the City's employment -at -will policy will be effective unless executed in westing and signed by both the City Manager and Human Resources Director. No other employees are authorized to alter the at -will nature of employment with the City. Provis/onal Period.. All employees serve an initial six (6) month provisional period, which, in the City's discretion, may be extended for a period not to exceed twelve (12) months. By providing for a provisional period, however, the City in no way has waived or shared the At Will nature of employment with the Cry. Provlstonal Employment. All new employees are placed into a provisional status until they complete a provisional period. The provisional period allows the supervisor or department director an opportunity to evaluate, train, coach and observe the employee's ability to perform assigned comes. Throughout the provisional period, the supervisor shall communicate and document the provisional employee's progress in his /her performance. If the employee's performance meets expected levels, they complete their provisional after six (6) months. If the employee's performance during the pravisional Period is less than satisfactory, the provisional period may, at the discretion of the supervisor and with approval of the Dapamnent Head, be extended for an additional six (6) months. At any time during the provisional Period an employee may be dismissed without further recourse. Even after completing the provisional Period, an emolovee's employment with the Cty remains at -will in nature inu l -Nme Employment. An employee whose normal duty assignment is W works a minimum of Q hours a week (2,080 hours annually) or an average of 53 hours a week (2,756 hours annually) in a full -time shift Fire Service position is eligible for all City benefits. A6 -lime Employment An employee whose normal duty assignment is W work a minimum of 30 hours (1,560 hours annually) in a % time position is eligible for Cry benefits as defined for N time employees. Page 24 mrsonnel PoIidM aM Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Part -doe Employment. An employee whose normal duty assignment is to work less than 999 hours per calendar year on a continuous basis is not eligible for any City benefits except those required by law. Temporary Employment Employees hired directly by the City whose services, regardless of the number of hours worked per week, are intended m be of limited duration (999 hours or less in a calendar year) are classified as Temporary. Employees who are assigned tempoary status are not eligible for any City benefits, except those required by law. Employees hired through a temporary agency are not subject to the 999 -hour limitation. Temporary positions are subject to budget restrictions, however. Internship. The City supports internships for the purpose of providing practical application of material taught in a classroom. Summer intemships offer short-tens opportunities, with rw entitlement to a job upon completion, for degree - seeking college students to allow them to obtain valuable hands -on experience to complement their education. The goal of an internship at the City is for the intern(s) to gain insight into local government and municpal operations and prepare for future leadership positions. The experience is for the intern's benefit, net the City's advantage, and interns will not be used to displace regular employees. Interns may be asked to complete tasks Mat enable more to gain job related experience, inducing tasks not directly related to their course of study. Any paid internships shall be established annually during the budget process and are subject to the availability of finds. Page 25 Permnnel Pollux and Employee Handbook E tlw: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook IV. Pay Plan & Compensation Guidelines Purpose. The purpose of the City's pay system is to attract, retain and motivate employees by offering pay opportunities commensurate with their position's internal and external value, and positioning the City of West University Place as an "employer of choice " Compensalion PhiAmophy. The CiWs compensation program will provide compensation opportunities direct pay and indirect pay, career opportunities, benefits, etc.) that are a blend of those offered by its competitors. Each job classification in the organization will be assigned to the pay structure and will have a pay grade defined by minimum and maximum dollar limits. The pay grade defines the pay opportunities for the job. Pay structures shall be reviewed periodically to reflect the organization's changing competitive position, economic conditions, and compensation objectives and shall be subject to the budgetary guidelines established by the City. Additionally, the City recognizes that it is important to be able to recmit experienced professionals. As part of it overall compensation package, the City Manager or his /her designee may extend employment offers that allow for vacation and /or sick leave accruals in certain exempt positions to be based a candidate's total number of years of specific mob- related es_rerience. Additionally, in certain circumstances, the City Manager may authorize a one -time vacation leave credit to candidate's aamal banks based on a candidate's specific mob- related experience. Estrb/ishment cfPian. The City Council shall establish the pay plan annually during the budget process, which includes compensation and salary structure recommendations made by the City Manager or his designee. The City has generally adopted a strategy of achieving and maintaining a market - competitive position of approximately 100% of the designated market average for general employees' pay structure and 105% of the designated market average range for fire and police structures. One of the functions of the budget.pmcess is to consider the competing priorities for limited revenue resources. It may be determined that the City's current financial status cannot support the total cast. Conversely, in a positive financial condition, the City may consider increasing the percentages allotted. Clearly, the financial status will affect both structure adjustments and individual salaries during any future fiscal years. Page 26 Personnel Policies antl Employee Handbook Ef lye: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Generally, when any salary structure is adjusted, the employee's salary will be adjusted by the same percentage in order to maintain the employee's position in the structure. In addition, the employee may receive a budgeted merit increase. Conversely, if the CNs financial status cannot support a structure adjustment and a merit increase in the same year, the City may elect to adjust the structure one year and in the following year provide a merit increase to employees with no structure adjustment. Salary Ranpes. Each position in the City has a salary range defined by minimum and maximum salary limits and a midpoint. The salary range defines the pay opportunities for the job. The salary ranges and midpoints are to be reviewed and revised to reflect changing competitive pos @ions, economic conditions and compensation objectives. Employees shall not be paid less that the minimum of the pay grade established for their position and increases shall not provide for employee salaries to exceed the maximum of the pay range for their pms ion. The midpoint of the range is equivalent to the average salary paid in the market, with the basic compensation philosophy that an employee should be at or near the midpoint of the range when he or she has attained five years of tenure in the position. Employees whose salary is at or above the maximum of their pay grade will be frozen until the structure "catches up" with the individual's rate of pay. Employees at the maximum of their pay range may, with the approval of the City Manager and as provided for in the budget, be eligible for lump sum payments that are not included in the base pay of the employee. The pay described above is nonrecurring and will not extend beyond the end of the fiscal year in which such pay is authorized. lob Oasoypbon. Each Insider in the City will have a written job description using a standard format. The main objectives of the job description are: a. To serve as a means of communication between the supervisor and the employee fo clarify the responsibilities and expectations of the job; b. To serve as the main resource to determine the salary range; c. To serve as the basis for the annual performance appraisal; d. To identify minimum qualifications and applied skills, as well as knowledge and ability for the purpose of recruitment, selection, promotion and baining. Evaluation of Petfozmanm Employees will be evaluated at least annually. This evaluator will include a discussion between the employee and his /her immediate supervisor to determine goals and evaluate progress toward better performance and personal development. A record of the evaluation will be made as prescribed by Page 27 Pewnnel Polities and Employee Handbook EHeRNe: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Human Resources. Employees will be given a copy of the evaluation prepared by their supervisor. Perfomran a based Compensation. Salary increases may be given to reward individual performance and are subject: to budgetary guidelines established by the City. Pay for Exaeptiona/ Perforvnartcn. Performance pay adjustments for employees m reward superior performance may be awarded in the sole discretion of the Cry at or near the end of the fiscal year and such amounts as are authorized may be paid as either a lump sum or pro -rated over the remaining portion of the fiscal year as directed by the City Manager. The performance pay described above is nonrecurring, will not extend beyond the end of the fiscal year in which such performance pay is authorized, and is subject to prior budget approval. Step Up Pay. Steptitp pay applies only to non - exempt employees in certified public safety positions who, are temporarily assigned or promoted to perform the full range of duties of a higher- classified position on a short-term basis due ro the absence of an employee in a higher - classified position or the vacancy of such position. The employee who is temporarily assignetl or promoted will receive an increase in pay in the amount of 5% for 1 salary range or 10% for 2 or more salary ranges, or the minimum of the range of the position, whichever is greater, for performing the duties of a higher classification on a short-term basis. Cartifirata/Edorahim Pay. Certain positions may be eligible to receive certificate pay and/or etlucational certificate pay. Certificate pay shall be determined annually during the budget process. One of the functions of the budget process is to consider the competing priorities for limited revenue sources. Clearly, the Cibfs financial status will affect certificate and/or educational pay available for each budget year. Page 28 Personnel Pollfies and Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook V. Personnel Moves Succession Planning. The City, recognizing that changes in management are inevitable, has established an informal succession plan to provide continuity in leadership and avoid extended vacancies in key positions. The Citys succession plan is design! to identify and prepare candidates for management positions which may became vacant due to retirements, resignations, or otherwise. The City values diversity and seeks to encourage diversity through its succession plan. The City assesses the leadership needs of the organization to ensure the selection of qualified leaders who are a good fit for the organization's mission, goals, values, vision and objectives and who possess the necessary skills for the position. The succession plan identifies executive and management positions and forecasts future vacancies in those positions and identifies potential managers for future vacandes. The City reserves the right to groom one or more potential managers for a single vacancy. Partidpabon in the succession planning does not obligate the City to offer an open position to any of those Individuals identified during the succession planning process. The City actively encourages the professional development and advancement of current employees so am when possible, vacancies may be filletl by selecting from among current City employees. The City may appoint an individual on an interim basis and centime to conduct recruiting efforts for a candidate. Temporary coverage of a management position due to an unforeseen or emergency situation also may use the same interim appointment process. In addition, the City desires to encourage a smooth transition when identified executives or managers leave the organization and thus, the City may permit more than one employee to occupy the same poi during a transition period. The overlap benefits the departing employee and the incoming employee in that the departing employee may formally mach his or her replacement on departmental processes, procedures, and practices. The City Manager may at times re- classify a position as V4 time or part-time to permit the departing employee to Pravda support to the new executive or manager or to permit the departing employee to continue an a reduced schedule for a set period of time. Promotions It is the policy of the City to encourage and grovide opportunities for promotion. Employees are responsible for monitoring vacancies and are encouraged to apply for vacant positions, in which they are interested in and for which they are qualifetl. A promotion is defined as the assumption of job duties and responsibilities that are higher in character and scope than the previous job. A promotion occurs when the new job is of a higher salary range than the prior job and is accompanied by a job title change. Page 29 Personnel Roc and Employee Hanoi ERtttive: lanwry 1, 2013 City of West University Place Personnel Policies and Employee Handbook When a non- exempt employee is promoted to an exempt employment status, the employee shall have the compensatory time balance cashed out prior to the effective date of the promotion. Payment shall be made at the employee§ rate of pay on the effective data of Me ash out. Promotional Increase. If an employee is promoted, the resulting salary, increase shall be at least five percent of his or her current salary or an amount sufficient to reach the minimum salary range for the new job, whichever is greater. Promotiorrs and Prov/simaa/ Period. Promotions are subject to a six -month provisional period. If the employee fails to meet the provisional requirements, he /she may return to his /her previous position or a similar position, if a position is available. Latara/ Transfer. A lateral transfer is a move from one job position of equal salary range to another with a job title change only. A lateral transfer will require a six -month provisional period unless it is a position previously held by the employee. Oe bima. A demotion occurs when an employee moves from one job position to a position of a lower salary range and, therefore, may result in a lower salary based on the minimum and maximum of the salary range for the position. Reorgan/rations. An employee may be transferred, have a job title change or have salary increased or decreased due to a department or City-wide reorganization. Reduction -in -force. From time W done economic condition or the changing staffing needs of the City create situations which will require a reduction in force or layoff from specific anemone. ResignaHOn. In the event an employee finds it necessary to resign, the City requests as a courtesy that he or she provide a minimum of two weeks written notification to the immediate supervisor. E It InMagvgb . Fxit interviews with a representative of the Human Resources office will be scheduled if an employee's service with the City is terminated. During the exit interview, employees will be Provided with an opportunity to discuss job - related experiences in a confidential setting. Exit interviews are used M analyze employee turnover and W prowess benefits for departing employees. Rna/ Pay. Upon termination of employment, departing employees will be paid for all unused vacation, vacation that has been converted from sic: leave in accordance with the sick leave incentive policy, compensatory time and longevity pay which was accumulated at the time of termination. Departing employees may be eligible for payment of accumulated sick leave if they are retiring in accordance with the Page 30 Permnnel Policies and Employee Hardtack EffeNve: January 1, 2013 City of Weal: University Place Personnel Policies and Employee Handbook requirements of the Sick Leave Policy set out in this handbook. Uniforms, keys, vehicles and other City-owned equipment must be returned in good condition to the employee's supervisor prior to separation. The City will deduct the value of the unreturned City property from the separating employee's final paycheck as outlined in the Payroll Deduction Authorization. Any authorized deductions, which include for example, Federal Insurance Contributor Act (FICA), social security, insurance premiums, Texas Municipal Retirement System (TMRS) payments, and Whom reimbursement, if applicable, will also be withheld from the departing employee's final paycheck. Employees who depart prior to the completion of the six (6) month provisionary period (or 12- months if the provisionary period is extended) shall not receive payment for unused, accrued vacation. Personal Time (P -time) is paid annually in December. Any employee departing for any reason prior to receiving payment for P -time in December shall not he eligible for payment of such P -time. Final paychecks shall be issued on the next normal pay date for employees who resign or retire. Final paychecks for employees who are terminated shall be issued as required by law. Unless othemise approved in writing in advance by the City Manager, the effective date for separation refers tic the last date which the employee actually worked. Employees shall not use compensatory time, vacation, holiday, Floating holiday, personal time or any other accrued leave time to extend the employee's "last" work day. Reappointment Former City employees are eligible for rehire providing prior service with the City was satisfactory. Page 31 PerswnH Policies and Employee INndbock Elfecbw: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook K. Benefits & Services The City of West University Place provides a benefits program for its full -time employees. The actual terms of the coverage are as described in the individual summary plan documents. The summary provided below is only to inform employees of the general benefits and procedures in a more concise manner. The terms of the coverage are subject to change. Consolidated Omnibus Budget ReconNRallon Act of 1985 (COBRA). The Consolidated Omnibus Budget Reconciliation Act of 1985 ( COBBA) became effective on April ], 1986. Through COBRA, the City of West University Place employees and their dependents that are currently enrolled in qualified group benefits are afforded the opportunity to extend those benefits at 102% of the premium (subject to change from time to time) in situations by which the benefit coverage would otherwise end. The length of COBRA varies depending on the nature of the qualifying event, but could range between 18 and 36 months. Health and Dental InwJame. Full -time and a/a time employees are eligible for health and a l benefits and will he advised of group health and dental insurance plans, dependent coverage availability as well as current premium costs and will be enrolled in such plans during orientation. Employees, and their eligible dependents, will usually be covered an the first day of employment. Employees will be allowed to make charges in their plan election only during the annual enrollment period, or if they have a qualifying event. The City may subsidize a portion of the monthly premium. The Percentage of subsidy may vary between plans and/or between employees classified as full -time versus % time, and is subject to change. See Plan documents for specific Information concerning coverage. All group benefits are benefits for %time and full -time employees working a minimum of 30 hours per week. When an employee is out on extended and unpaid leave (no longer meeting the minimum a 30 hours per week for eligibility), the employee shall be responsible, as required, for premiums for their awn insurance coverage elections and any dependent premiums. IMPORTANTNOTICE: The City may require employees and covered spouses and retirees to complete the Self Health Assessment and biometrics screening on an annual basis. The City may choose to subsidize the health insurance premium for covered individuals who choose to complete the Self Health Assessment including any required health coaching and biometrics screening on an annual basis. The City may dioose not to subsidize covered individuals health insurance premiums for those who choose not to complete the Self Health Assessment and biometrics screening on an annual basis as required. Page 32 vascnnd Mines and Employee Hanebook ERMIVe: January 1, 2013 City of west University Place Personnel Polities and Employee Handbook An employee, retiree or covered individual for whom it is unreasonably difficult or medically inadvisable to satisfy the standard, may request a reasonable alternative within the specified time frame. The City's wellness program complies with line requirements of line Health Insurance Portability and Accountability Act (HIPAA) and the Genetic Information Non - discrimination Act (GINA) and is a term of the Citys group health plan for purposes of the ADA Safe Harbor provision. We / /eecs P o ram The goal of the Employee Wellness Rogram is to identify risk and provide avenues for behavior modifcation thus reducing chronic disease and reducing medical costs) associated with unhealthy lifestyles. The Employee Wellness Program provides the foundation for the City to develop activities and modify work environments to support the health and well being of City employees. In addition to the benefits for employees, positive benefits are likely to accrue to families of employees resulting in better health for employees, families and the community. In support of the Wellness Program, the City encourages employees to engage in a regular program of exercise to increase their levels of physical activity. Department Heads may approve an employee's request to use up to 45 minutes of paid time each scheduled work day, up W three days per week during normal working hours for the employee(s) to exercise at Cty -owned facilities. This paid time should be used at the beginning or end of the day, or around their designated meal break. Department Heads are strongly encouraged to be Flexible and support employee participation in wellness activities. If anyone has a question on the equity of their treatment they should present it to their Departinent Head or Human Resources. The time to travel to and from the exercise site and any subsequent showering shall be included in the total time allowed each day. For documentation purposes, employees must sign in and sign out before and after the exercise each day. Department Heads are responsible for training adequate staffing levels are maintained and, therefore, employees must stagger their workout times W ensure adequate coverage is provided at all times. Department Heads are responsible for tracking an employee's participation on the prescribed tracking document and forwarding the data W Human Resources. Employees must complete an Agreement fans, which must be on file in Human Resources prior to participation in the paid exercise program. Employees who abuse this bereft by extending the workout time and/or falsify participation in the program may have the benefit revoked and /or the appropriate disciplinary action taken up to and including termination. Page 33 Personnel Policies and Employee Handlwok Efecove: January 1, 2013 City of Wert University Place Personnel Policies and Employee Handbook Physical fitness programs for Police and Fire Department personnel shall be established by the respective Chief and approved by Me City Manager. The City's Wellness Program is a term of the City's group health plan for purposes of the ADA Safe Harbor provision and complies with the requirements of the ADA Safe Harbor provision and the Health Insurance Portability and Accountability AR (HIPAA) and the Genetic Information Non - discrimination Ad (GINA). Additional information is available in the Employee Wellness Programs Administrative Procedure. Flexible Spending Account. Employees have the option of partidpating in a Flexible spending plan that allows the employee W contribute pre -tax salary W an account. Money allocated to this amount can be used to reimburse you for medical, dental and prescription co-payments, uncovered medical or dental charges and dependent care coverage. Employees make an annual determination on the amount to be allocated to this account. Once the employee makes a decision to participate, the decision cannot be revoked unless the employee has a qualifying event or during annual enrollment. Medical and dental premiums will be deducted on a pre -tax basis. Unused funds revert to the City. Life /ACtldenta /Death & Dismembenrrenflnsu2xe. Employees will be provided term life, accidental death and dismemberment insurance with a minimum value of $20,000. The City may subsidize a portion of the monthly premium. The percentage of subsidy may vary between plans, between employee's classified as full -time or 3/4 time, and is subject M change. See Plan documents for specific information concerning coverage. Dhahi/Ry Imvrance. Disability insurance is provided for periods of extended disability due to an accident or illness. Coverage is generally available after the elimination period of fi0 days or IN days, whichever applies. The City may subsidize a portion of the monthly premium. The percentage of subsidy may vary between plans, between employee's classified as full -time or 3/4 done, and is subject to change. See Plan documents for specific information concerning coverage. Retiree Neagh gemai— Emphtyeee h/red.Xanuary 1, 2009 and thereafter. A retiree and his or her covered deWndent(s) may be eligible for continued coverage through COBRA according to regulatory requirements. Retirees may not add dependents after retiring. Retirees are responsible for all costs, including premiums and administrative fees, associated with COBRA benefits. Rebree/Dependent COBRA benefits will be terminated if the City (or the City's Third Parry Administrator) does not receive the required Page 34 Perwnrel Polities and Employee Hantlbfok ERettlee: Tani 1, 2013 City of West University Place Personnel Palicies and Employee Handbook contributions by the date due. Retirees may elect to seek health insurance through the state -based insurance exchanges after their creation by 2014 as currently mandated by the Patient Protection and Affordable Care Act ("APA" or "Act"). AND— Retiree Neagh Benefits — Employee's hired poor to nil 2889 Non - exempt Employees— If an employee retires through the Texas Municipal Retirement System (TMRS) and has been employed full -time for the City for at least 10 years immediately preceding the date of the retirement, you may continue coverage with the Gty's health plan. Exempt Employees— If an employee retires through the TMRS and has a minimum of 10 years of actual service (not service credit transfers) with TMRS of which five years immediately preceding the date of retirement, were with the City of West University Place, the employee may continue to be covered through the City's health plan. The benefit includes basic medical coverage, excluding accidental death, life, disability and dental. An employee's/rednee's spouse and dependents) are also eligible for continued coverage on the City's plan Employees /retirees are responsible for all costs, including premiums, associated with spouse and dependent benefits. If the retiree is eligible for this benefit under the criteria described above, his or her spouse and dependants are also eligible for continued coverage on the City's plan at the retiree's coo. The benefit includes the same medical coverage approved by Council and selected for current employees and excludes accidental death, life, disability and dental coverage. In the future, if changes are made to current employee medical coverage as permitted by or in order to comply with the Patient Protectlon and Affordable Care Art, the City will analyze the applicability of the Act at that time. An employee most declare his /her intention to continue health insurance coverage no later than the effective date of the retirement If a retiree elects not to participate, this decision is final and irrevocable. Additionally, a retiree who loses retiree coverage through the City at any time or for any reason shall not be eligible W return to the Gtys health insurance at any time in Me future. The City is not a participant in the Early Retiree Reinsurance Program authorized by the APA. Beginning in January 2014, as contemplated under the current version of the APA, retirees or their spouse or dependents may choose to participate at their awn cost in the state insurance exchanges for any reason including cost savings on spouse or dependent coverage. All benefits terminate when a retiree becomes eligible for Medicare or other federal or state health insurance plans, not including retiree- funded participation in state insurance exchanges under the APA, or if the retiree becomes employed, including self - Page 35 Fbsonnel Policies and Employee Handbook Efoi January 1, 2013 City of West University Place personnel Policies and Employee Handbook employment. Employed is defined as haying access to employer sponsored group health insurance benefits. Retirees, including covered spouse and dependents, shall annually certify their eligibility for continued health insurance benefits on the City provided Eligibility Certification farm. Failure to provide the Eligibility Certification form by the deadline will result in discontinuation of coverage. Employee Privacy. The City will retain its duties and privileges as an employer consistent with good business practices. This includes collection, retention, use, disclosure and confidentiality of employee information. Me Health Insurance Portability andACCOOnbbiliti (HIP") Standards for Privacy of Identifiable Health mforrnation (the Pnvacy Rule) is effective April 14, 2004. The Privacy Rule provides the first comprehensive Federal protection for the privacy of health information. In accordance with the Privacy Rule, the City of West University Place will implement reasonably minimum necessary policies and procedures that limit how much protected health information is used, disclosed, and requested for certain purposes. The Cty is required by applicable federal and state law to maintain the privacy of protection health information. The HIPM privacy rule pennits disclosure of health information for workers Compensation purposes as governed by the State of Texas Labor Code and the Texas Workers Compensation Commission associated rules. In addition, the HIPAA Privacy Rule permits the employer to collect health information as needed for employment. The HIPM Privacy Rule does not affect medical Information the employer collects and uses to carry out obligations under the Family and Medical Leave Act, the Americans with Disabilities Act, and other similar laws. All employees are entitled W have personal and medical information private. Under no circumstances will a City employee disclose Personal Heath Information (PHI) regarding another City employee through the electronic mail system or written correspondence, unless the affected employee provides written authorization. Unauthorized disclosure of PHI may constitute a federal crime and will subject an employee to immediate disciplinary action up to and including termination. The Pnvacy Dficer for the City of West University Place is the Human Resources Director. Anyone who believes that the City of West University Place is not complying with a requirement of the Pnvary Rule may submit a written complaint to the Privacy Officer. The writing must contain a description of the complaint and an explanation of the circumstances surrounding the complaint. Complaints may also be filed with me Secretary of the United States Department of Health and Human Services. No retribution or negative action will be taken or tolerated Page 36 Peni Policies and Employee Handbook Efiridiw: 111, 2013 City of West University Place Personnel Policies and Employee Handbook because a member files a complaint with the Privacy Officer or Department of Health and Human Services. Texas Munidpa/ Retirement Syslam (TMRS). The Texas Municipal Retirement System is the primary retirement plan offered by the City. Effective the first day of em- ployment, participation in TMRS is mandatory if the employee's position normally requires them to work at least 1,000 hours per year. Through payroll deduction, employees will contribute seven (7 %) percent of their gross income and the City will contribute approximately twice that amount, depending on actuarial needs. The employee contribution is fax deferred. Vesting occurs when an employee has made deposits into TMRS for five (5) years. Employees may retire with benefit after free (5) years of service at age 60; or at any age if the employee has 20 or more years of service. If an employee an no longer perform his or her job at the City as a result of an illness or injury, TMRS provides an occupational disability retirenent regardless of whether the age or service requirements have been met. Employees are responsible for normal TMRS to make the appropriate anangements. Should an employee die while still in the City's employment, TMRS provides a death benefit to the employee's beneficiary approximately equal to the employee's current annual salary. Retirees are provided a death benefit in an amount set by TMRS. If an employee has exhausted all accrued leave benefits and is on unpaid leave status, the employee will not be able to contribute to TMRS. If this occurs, TMRS requires the employee to request an extension of your Supplemental Death Benefit and have it approved by the TMRS Medical Board. Employees are responsible for contacting TMRS to make the appropriate arrangements. If an employee's employment with the City terminates and he /she is not eligible to retire a not vested in the retirement system, the employee's retirement contributions may remain in an inactive TMRS account no lager than five years. M employee must apply for a refund of his /her contributions; before the end of the five years from the time of termination. The refund includes the employee's contributions as well as any accrued interest. Longevity. This policy applies to city employees employed full time far a minimum of thirteen consecutive montix. Employees will receive loigeaity pay of $5.00 per month for each year of continuous service. Longevity pay shall be in addition to an employee's base salary and shall be paid annually in December a[ the same time unused Personal Time is paid. Regardless of an employee's beginning date, annual longevity pay applies to employment for the twelve -month period from December 1 to November 30, after Page 37 Personnel Policies and Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook completion of thirteen consecutive months. Longevity pay is subject to TMRS and income tax withholding. Eligible employees who separate from the City will receive the longevity pay upon separation. Upon termination the employee's longevity pay will be calculated as follows: Number of whole months since last pay (November), which equals the amount W be paid. An employee who leaves the service of the City of West University Place must have worked through the fifteenth (15') day of the month in order to eam longevity pay for that month. Fortner employees who are re -hired will be paid longevity pay without regard to their prior employment. Llererretl Compensation. Deterred compensation plans are offered for employees to choose on a voluntary basis. Employees may defer the maximum amount annually as aYablishetl by the Internal Revenue Service. This program allows City employees W defer a portion of their income antl the taxes on that income W build an additional supplemental retirement income. Empil Assistance Program. Recognizing that a variety of problems and issues can adversely affect an employee's health and job performance, the City offers an Employee Assistance Program, which provides free, confidential and professional assistance to help the employee and their immediate family members. An employee or an employee's immediate family member may, contact the CAP directly. The City is not advised of any self - referral. There is no charge W an employee or family member for the assessment and referral services provided by the PAP. If the PAP counselor believes that a participant needs further assistance, the counselor will refer the participant to an approprate agency or individual for continuing rare. Costs incurred for other treatment, which is not covered by the Cry s health benefits, shall bs an employee's responsibility. A supervisor may refer an employee to the FAP if the employee's performance is considered unsatisfactory and the supervisor believes the services provided by EPA could be beneficial to the employee. The City is only advised R the employee is or is not participating, as required by the supervisory referral. Training Schools. The Gty will pay appropriate costs for mandatory training for certification purposes, or to maintain such certification. The employee's department director must approve training in advance and shall generally be established as part of the budget process. Pane 38 Pttwnnel Policies and Employee HaMEmk Erfttbve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Tuition Feimbutsenrent The City of West University place provides an incentive for employees to improve their skills and upgrade their performance by assisting employees With educational assistance for Courses directly related to the essential functions of an employee's present job, or in line with a position that me City believes an employee ran reasonably achieve. The availability of Wition reimbursement is subject to City Council approved funding levels and will be established annually as part of the budget process based upon anticipated participation and available funding. If an employee resigns or is terminated for any reason prior to course completion, the City shall not be obligated to reimburse any part of the expense. M employee who resigns or is terminated less that two years after completion of a reimbursed nurse must realm the monies to the City upon resignation or termination. Such reimbursement will be deducted from an employee's final paycheck. Employees terminated due to a reduction in force shall not be required to reimburse the City for tinted monies received. If an employee is taking a leave of absence for educational purposes, the employee will not be eligible for reimbursement. Te/sommu rg. Telecommuting is an alternative work arrangement in which employees wade at home, and are linked ekatvnicelty via computer, fax or telephone to the central woltccm. The City suppods telecommlting when it mnhibltia m the effativan¢s of an employee in his a her job and supports the business strategies of the City. Each department ell determine the feasibility of telecommutig arrangements for the department and fa individual positions. Employee Pandpadm is voluntary. M employee may submlt a written request for a Rlemmmudng work arrangement m lye Department Hear. Each request for mlemmm li g will be reviewed on a caebyYase basis. Atl te/smnmudrm arrarrasnsmr, whrch are senavaarrod and faminaft anoryined in annitloot m Me CAty AlEamaiiii Emplgcas may be reluiretl to mmplae a written mkco mmurg agreement with a specified duration and m undergo renew and renewal of the agreement on a regular bass. Employees approved fa the program meat centime to maintain samboory job performance. Failure to do so will result in mmninaton of the arrangement and may result in Mar discipline up to and inducing termination. Memployee whoseteecommuting arrangement or agmemenkis terminal may again request to parimpate in the program t performance improves m a satisfactory level. Teleximmudng is not avaiable Wall employees a departments. Some job responsibilities and ides do not allow far mlemnmutng. No employee is aHided b or guamnt d the oppo nky to telecommu to and the City mainteins the right to require adequate stalling levels at the moral woksire m ensure the apprcpnate level of customer service. M employs may be called to the coal worksim on a scheduled tele ommlting clay if necessay m meet workload or surfing demands. page 39 personnel Potiaes and! Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Telecommuteg employees are expelled to be available all busing hours by Weplwne at the set kmcadon. The emplayes has the same cubes, obligations, and responsbilities m the Cly on a day when telemmmutirq as when working at the col worfcsim. A teleo.-rmmNrg employee must request sick leave, personal leave, veaho, or floati g holidays in the same manner as and employee who reports to the cenbal wore for wink. Teleommudrg's NOT a substitute for dependent care and telecommuters shall have regular dependent care arrangements. Employees who telecommute are expetmdl to work from their home, not off i locations suit as coffee shops or libraries. A telecommuti g enpbyee assumes the erpe ere of arranging a wortrspace and appropriate technological support such as prone lines and Internet connections in the home to perml the efident complego of tasks. The employee ls also responside for aesdng a safe work emnromerR away from the central wtxksde arch for reporting any johmatecl incidents, accidents, or injuries to his or her supervisor in the same manner as required for employees working at the central wnmk9le. Employees shall not conduct in- person business meeflngs on behalf of the Oty In their homes, despbe televmmWng arrangements. The City may, in its dlsaetio, terminate the thaecommi arrangement for any reason. If the employee chooses not to return to the previous work arrangement his or her employment with the City will be marginal immediately. M Overtimelk Compensatory Time Orrertime- Overtime hours are those hours worked which exceed a Q hour work week, or in the case of Fire Department shift employees, an average 53 hour work week. On- Caiiand Caiibatk. On -call time is not considered time worked and is not compensable M the employee's regular hourly rate of pay. On-call time is the tlme outside of regularly scheduled working hours who an employee is designated to be available for callback. The employee is free m pursue personal activities but must respond W summons (paging, telephone, or radio) within the designated guidelines determined by the Deparbnent Head. Employees must abide by the guidelines determined by the department head. Employees must abide by the guidelines set in the Drug-Free and Alcohol Free Procedure. An employee may receive a stipend for the inconvenience of being available for callback at the rate determined. Work that is considered incidental (seven minutes or less) shall not be considered time worked. Overtime pay /call out pay will begin with the eighth minute and will be cakvlaled in 15 minute inaenrak. Callback time is defined as the time the Oty requires an'bn<all" employee to return to work on an unscheduled or emergency basis to work outside of the employee's regularly scheduled work hours. The time that a non - exempt "on -call" employee is Page W Personner Pollees and tmployee HaMbmk leaecbve: January 1, 2013 City of West University Place Personnel Polities and Employee Handbook assigned to callback time will be considered as hours worked if during that time the employee is required to: Return to the employee's usual place of work, Remain near a telephone at a fixed location; Perform the employee's regular duties whether by telephone or otherwise. When an employee is on an "on-call" status and is called W work, compensation will be given to the employee as follows: When an on -call employee is called back to work on -site, any time worked less than 2 hours will still be deemed two hours of work. Any incident exceeding two hours will be paid according to the length of time requiring the employee's attention. callback time does not change the number of hours scheduled as on ell. If a "non - exempt' employee is subject to call back, any hour(s) worked during the period of callback will be paid at the employee's regular are of pay. Overtime rates apply if the hours worked qualify as actual hours work far overtime calculation purposes. Exempt employees are not eligible for callback pay. However, may receive compensation or time off for extensive hours worked during an emergency situation, as defned by the City Manager. Bemate CaO -In. Non - exempt employees who are required to call -in, log -in or utilize technology to resolve an issue remotely outside of their normally scheduled work day will receive a minimum of one hour of compensation for activity that takes 15- minutes or longer is not considered tie mimmus in nature and requires more than a short phone call, text message or e-mail to address. Employees will not receive more than one hour of pay for multiple oils in the same hour period. Work that is considered incidental (seven minutes or less) shall not be considered time worked. Overtime pay will begin with die eighth minute and will be calculated in 15 minute intervals. Exi mpt Employees. Certain employees, clue to their position title and responsibilities are exempt from the minimum wage and overtime provisions, including executive, administrative personnel and professional employees. All positions are evaluated W ensure accurate FLSA Exempt or Non - Exempt dassidcations and may be re- evaluated as necessary to ensure the position is classified apprepnately. Non- exempt Employees Employees in all other position classifcations may receive overtime pay or be offered compensatory done at the rate of time and one -half in lieu of Page 41 Personnel Policies aid Employee Hantlbook Ecctiw: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook overtime pay. Time and one -half is used in calculating overtime and mmpensatary time in situations where the actual hours worked exceed standard work week hours. Em ripen Yay This policy applies Mall non - exempt and exempt employees, and is intended to outline the compensation policy for employees when a state of emergency is imminent or has been declared by the City Manager and /or Mayor. This policy recognizes that some emergencies provide no advanced warning. In the event of Disaster Declaration, State of Emergency, and or a long term emergency, all non - exempt and exempt employees that are declared "Essential Personnel" and are required to work the duration of the event, will be eligible for overtime at the rate of 1.5x their regular hourly rate of pay for actual hours worked. By providing for the payment of overtime for exempt personnel during a declared emergency, the City In no way has waived or altered the FlS "exempt" slaws of those employees. When City offices are declared closed by the City Manager, employees who are determined not to be "Bsential Personnel" will be paid as Authorized Leave for the day(s). Work Weak Employees in all City departments, with the exception of certain shit posi bons in the Fire Department, will obsarve a "Abour workweek. The work period begins 12:01 AM Sunday (6:30 AM for shift Fire personnel) and comics of seven mreeative 24hcur peiods. Employees working a standard forty -hour workweek sdledule will consist of Ive eight -hour shifts. Departments may, with the written approval of the CM Manager, Whim a workweek schedule ronstsdng of four Rnhour shifts, or twelve-hour shits, provided the service level to the community can be adediumely maintainee. Empbyees working a 9/80 schedule will have a work cycle defined as beginning midday on Friday or Monday depending upon the employee's schedule.. Fire Departnart personnel have a workweek consisting of an avenge of 53 fours per week bassi on 48 -hour shifts with 961hours of between shifts. Days off and suds may drange W most the busing needs of the organization. For Shift Fire personnel, the work eyes begins at 6:30 a.m. Accra /. Nonexempt Police and Fire Department employees may not accumulate more than 120 hours of compensatory time for hours worked (80 hours of actual overtime worked). All other nonexempt employees cannot accrue more than 80 hours of compensatory time (53.33 hours of actual overtime worked). Page 42 Pawnnel Policies and Employee HandECOk Effe dw: January 1, 2013 City of West university place Personnel Policies and Employes Handbook Assignment and Authorlmtkin for Overtime. Nonexempt employees, who are subject to being paid overtime or provided compensatory (comp) time, are responsible for notifying their immediate supervisor as early as possible if their normal work assignment cannot be completed within the established work hours; however, such employees shall not perforin any work outside of their normal workweek schedule, unless expressly authorized to do co in writing, in advance by a supervisor. If instructed to do so by a supervisor in writing, employees are expected to work hours beyond their normal schedule. Employees are advised that with rare exceptions, which are within the City Manager's discretion to make, the City generally will provide comp time other than overtime pay and will require employees to flex their work week so that overtime or romp time accumulation Is minimal. Any overtime work performed outside of an employee's normal workweek must be promptly recorded and documented for purposes of maintaining an accurate payroll as set out below. By issuing an employee a PDA, cell phone, laptop, blackberry or any similar remote access software, or by facilitating an employee's access to the Coos e-mail system through a personal device, the City does not give such employee permission to work outside of a normal workweek schedule and any overtime work involving such equipment also must be approved in advance. Waiver AuNbited. The requirement that overtime most be paid after 40 hours a week or average 53 hours for shift Pre personnel, may not be waived by agreement between you and the City. Overtime aMAbsenteetsrn. If, during a regular work -week, an employee works in excess of 40 hours, average 53 hours for shift fire personnel, the employee will be compensated in the biweekly payroll direct deposit or compensatory time. Any paid vacation, personal or sick hours used by an employee during the same work week, will be calculated at the employee's regular rate of pay. In short, an employee will receive overtime compensation only after the employee has physically worked 40 hours during a regular workweek, average 53 horns for shift fire personnel. Holidays are considered time worked for the purpose of calculating overtime. Adhovagtradve Leave. Reasonable time off as administrative leave may be granted from time to time for exempt employees with approval of the Department Director or City Manager. Responsibility for Controlling Wor* rime. Each department director is responsible for exercising adequate supervision to ensure that employees are complying with established work schedules and that unscheduled work is performed only in bona fide errergencies. The department director is responsible for controlling starting and stopping times and all work times. If you start work early or late and the time for either period is seven minutes or less, that time is considered incidental and will not require compensation. Overtime pay will begin the eighth minute and will be calculated in 15 minute intervals. Page 43 Persdmel Policies and Empowe HarAti EHecdw: January 1, 2013 City of West University Place Personnel Policies and Employ" Handbook Employee ResponslbIlily. It is the employee's responsibility to comply with department work schedules and to avoid work that is unscheduled or unauthorized. Page M Personnel Policies and Employee Hand Wok HfechV : January 1, 2013 City of Well University Place Personnel Policies and Employee Handbook VIII. Recording Time Recording Time. Non - exempt employee positions shall record each workday separately with respect to hours worked. Any hours worked outside of a normal workweek schedule must be recorded on the timesheet applicable to each workday. As set out above, any overtime must be approved in advance in writing by a supervisor. If an employee leaves a work site periodically during the workday for personal reasons the employee shall reflect the lost time on time sheets (i.e vacation, sick leave, compensatory time, etc.). Hours must be recorded in increments of .25, (i.e. .25, .50, or .75). Exempt position employees work at the discretion of me City Manager or Department Head and may be required to work hours in excess of the normal workweek. Exempt Positions are not eligible for overtime payment or the accrual of compensatory time. However, while not required by law, the City of West University Place exempt employees may be allowed reasonable time off to compensate employees for an unusual number of hours worked. An exempt employee may not "accrue" work leave hours and may not receive additional compensation for any work beyond the normal workweek. This is net intended to be hour for hour and no entitlement is intended to be created by this policy. Shift Firelighters Certified Fire Department shift personnel will work an average of 2,756 hours per year, which averages 53 hours per week. Fire shift personnel are regularly scheduled to work between 24 — 72 hours per week and operate on a 14-day work period. Fire shift personnel will be paid an additional on -half times the regular rate for each hour worked in excess of 106, their regularly scheduled shift hours in any given work period pursuant to 29 U.S.C. 4 207(k). Falsification of time records violates the Texas Penal Code and City policy and shall be grounds for disciplinary action up and including termination. Rest & ~ Parlods The Fair Labor Standards Act does not require an employer to Provide break/rest periods. The City of West University Place, however, may allow two 15 minute rest periods, which may be provided each day and are to be taken within the work area. The supervisor is responsible for scheduling breaks to ensure continuity of workflow and adequate representation of personnel throughout the entire workday. The meal period shall be M one -hour length and shall normally be taken beNreen 11:00 am and 2:00 Pm for tlwse employees working a standard eight -hour shift. Any meal period of less than 30 minutes will be recorded as hours worked. Supervisors are responsible for making every effort to avoid situations in which an employee is expected to work more than five and one -half continuous hours without taking at least a 30 minute rest period or break. Rest periods and lunch breaks are N be taken as assigned Page 45 Penaxim! Policies and Employee Handbook Eflr tiv : January 1, 2013 City of West University Place Personnel Policies and Employee Handbook and cannot be stored or banked. Schedules for Police and Fire Department personnel, shall be established by the respective Chief. Holiday and Ovadme. Employees who are required to work on an official holiday shall, in addition to the regular pay for the hours worked, receive one and one -half time pay for the holiday hours worked. Pay Pedard and Payroll. Payroll is prepared on a biweekly basis and will be fired- deposited into your checking or savings account every other Friday. Each employee shall check each biweekly paycheck or deposit confirmation for accuracy. If an employee believes Nat a mistake was made in his or her pay for that biweekly pay period, the employee is required to submit a complaint to Human Resources within 10 calendar days of receiving a biweekly paycheck or deposit confirmation relating to any error that he or she believes has been made, Including payment for an incorrect number of hours, as well as any other mistake. Improper Deductions from Pay. It is the City's policy to prohibit any improper deductions from an employee's pay. If any employee, whether or not his /her job is classified as exempt under the Fair tabor Standards Act (FISA) believes that in improper deduction has been made to his/her pay, he/she should file a written complaint with Human Resources relating to any so& deduction. The City will investigate the complaint and if the deduction was made improperly, it will reimburse the employee for any such amount improperly deducted. Page 96 Fermnnel Policies aM Employee Handbook Effect": January 1, 2013 City of West University Place Personnel Policies and employee Handbook gX. Attendance & Leaves Affimdaa . The City of West University Place is committed to providing an equitable and fair attendance and leave policy so that employees understand their responsibility to be at their place of work according to their established work schedules, which, insofar as possible, shall be uniform within occupational groups and shall be determined In accordance with the needs of the City and the reasonable needs of the Public. The City recognizes that employees need leave for a variety of reasons and that a fair and equitable leave policy ensures the City's commitment to maintaining a high performance organization that optimizes the use of its human resources. The City depends on Its employees to be at work as scheduled and regular attendance is an essential job function Employees are expected to report for work, mentally and physicaalty able and willing to perform the essential functions of their jobs. The City, of course, will provide reasonable accommodations W disabled employees as set out in Section IT above. Employees are required to be at their places of work or performing their assigned dubes in accordance with the work schedules established for their department or division, unless officially excused by their supervisor. Failure to observe working hours reduces the productivity and places an unfair burden on fellow employees and subjects the employee to disciplinary action up to and including termination. Me Work Week. The normal workweek for City employees shall be 40 hours or average 53 hours for Shift Fire personnel. Since certain departments must operate seven days per week, some employees may be required to work during any day of the week on a regular schedule. The specific arrangement and adjustment of the hours of the workweek shall be the function of the department director and the city manager. Emargaicy CarCAform The citizens of Worst University Pace depend m City employees before, during and after an emergency or disaster s prrwide or restore essential pudic vsnrres for the health, safety and quality of life for our community. In the event of a uncle ale emergency that could impact our community, all andovces must be made to assmt'n manalsoina the crisis and still be considered essential cessionnel for the continuity, rrherrtal operations until they am specifically missal by the Devas Head or his or her desiorhee. Once a State of Emergency is declared, employees who are absent, employees who leave early and empkryeas who do not report to walk after the Gty Manager determines it s safe to realm to wok will be required to complete and submit to Human Resources, Essental Personnel Absence tlIXnrnentabon. The Emergency Operations Manual and oeparbnemzl Operating Procedures spell out specific real for employees to follow during an emergency sbadon. Page 47 Peownd Pordes and Employee Handbook FFe[M1Ve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook Employees who are absent wifhout the appropriate authorization are subject to the appropriate disciplinary arum, up to add induting termination. Holidays. Holiday pay is determined by the employee's regular scheduled daily hours on the given holiday (12 hours for Shift Fire personnel). The following paid holidays will be observer, although certain employees may be required to report for duty: Hew Years' Day; Good Friday, Memorial Day', Independence Day; Labor Day; Thanksgiving Day, Day hollowing Thanksgiving; Christmas Day; An additional Christmas holiday; and One "Floating holiday", (after a minimum of six months of employment) which must be scheduled and taken during the calendar year and must be taken as "an entire day" and shall not be subject to carry-over or Payment if not used. }ll) one cir Me downed the flowing bonow, as the Sepoember 114 Memorial /wlidry/ frrefoehi arty wde'th fi lahem daa.a., to we hwfl,,mg lmlldafl wwpw, w, on lhs drano it, a.,, don nor urrdury fm^rPr dodeyarrmmnrs oyyarlon Pm agoNnemployeec lhepaamlgho(NaYaur/iun8vd MM(e/b fighters hone An nave mi of endow w on other car vmploYev. no mew w,, won H 2113.A,i ®a'1,wkn , hm ami Section 12013 (c) of the L,,,1 G,,,,mmon Code madarms new one of the Ltiryb holiday,Ired6,,gnwedwxquemhee I in Memorial HolldaYfo, a0jrefr8hlen. All Cary employees have we same number ofhwhow, on we same does, however. Ihu o,,,w,, r mmdme, now we Cot refen to one of own, hohdw, byes dlawantnamefior apobwb, cats of noodwee, Paid holidays are intended as a benefit for full -time and Y time employees. An employee will not be eligible for Holiday pay when the employee is not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. No//days Fa//hq on Weekends Holidays which fall on a Saturday will be observed on the preceding Friday. Holidays which fall on Sunday will be observed on the following Monday. Shift Fire personnel shall follow the Fire Department Standard Operating Guideline (SOG). Additional Christmas Holiday When Chnsbnas falls on Tuesday, Wednesday, Friday, or Saturday, in addition to the legal holiday observance, the preceding workday shall also be observed as a holiday. When Christmas falls on Sunday, Monday, or Page 48 Personnel Policies and Employee Handbook Effeci Janwry 1, 2013 City of West University Place Permnnel Policies and Employee Handbook Thursday, in addition to the legal holiday abservance, the fallowing wool shall also be observed as a holiday. Shift Fire personnel shall follow the Fre Department SOG. Pe msl Leave. Personal leave is provided at the rate of 8 hours (12 hours for Shift Fire personnel) per quarter for all full -time employees and at the rate of 6 hours for % time employees at the beginning of each quarter January, April, July & October). Leave is subject to the attendance and leave approval provisions of this policy. Personal leave does not accrue beyond the calendar year and unused hours shall be paid at the end of each year. Personal leave accruals will cease to accrue when an employee is not working and on extended, authorized and unpaid leave of any kind. Pacil Leave. Vacation leave credits for all full time employees shall accrue as follows: • Four (4) years of service or less — 6.667 hours per month (10 days per year); • At the start of the fifth (5) year of service, but fewer than 12 years of service — 10 hours per month (15 days per year); • At the start of the twelfth (12) year of service — 13.333 hours per month (20 days per year). • At the start of the twentieth (20) year of service — 16.6567 hours per month (25 days per year). Employees classified as shift Fire Department persomol shall accrue as follows: • Four (4) years of service or less — 10 hours per month (10 clays per year); • At the start of the ffih (5) year of service, but fewer than 12 years of service — 15 hours per month (15 days per year); • At the start of the twelfth (12) year of service — 20 hours per month (20 days per year). • At the start of the twentieth (20) year of service — 25 hours per month (25 clays per year. Employees classified as �Y4 time employees shall accrue as follows: • Four (4) years of service or less — 3.75 hours per month (7.5 days per year); Page 49 Personnel Mices and Employee Handhwok Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook • At the start of the fifth (5) year of service, but fewer Nan 12 years of service — 6.25 hours per month (11.25 days per year); • At the start of the twelfth (12) year of service — 7.50 hours per month (15 days per year); • At the start of the twentieth (20) year of service — 9.375 hours per month (18.75 days per year). Provisional employees, will accrue vacation during the provisional period, but will be eligible to use such vacation leave only upon completion of six months of service. If the provisional employee is separated prior to regular employee status, no vacation accrual shall be credited. If the provisional pound a extended beyond six monNS, the employee shall not be eligible to use vacation until the employee has successfully completed the extended provisional period. An employee whose provisional period has been extended beyond six months and is separated for any reason prior to regular employee status, no vacation accrual shall be credited and shall not be paid at separation. Vacation accruals are intended as a bene0t for full -time and % time employees. An employee will not be eligible to accrue vacation when the employee a not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. Altendanre and Leave Approval. An employees supervisor must approve all leave requests, giving due consideration to the needs of the department and the ability of the remaining staff to perform the work of the department or division and the preference of the employee. Each employee is requested to give his /her supervisor notice of the leave requested as soon as practicable before the beginning of the leave (generally a[ least 10 business days in advance), and in accordance with departmental procedures. If an employee is requested to we* during a scheduled vacation, the employee can schedule vacation at another true. An employee may nm be granted vacation leave in excess of the actual amount accrued. An employee may not request unpaid leave if they have vacation accrued and are eligible to use. Employees approved leave shall be charged and used in amounts of not less than one -half (1/2) hour increments. Unused vacation credit, up to certain limits, may be carried forward. An employee may accumulate credits up to the maximum amounts as follows: • Fewerthanfouryearsofservice All full time employees - -160 hours (20 days) Shift Fire Department personnel — 240 boors (20 days) a7a time employees -120 hours (15 days) Page 50 Persmnel Policies and Employs Hands k Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook • More than fouryears of service, butfewer than ii years of service All full -tinhe enpoiees- 240 hours (30 days) S1iR Fm Departrrhent personnel -360 hours (30 days) time employees -180 hours (22.5 days) • Moretfianl2yeersofseivice All full tihne employees - 320 hours (4o days) Shift Fire Department personnel —480 have (40 days) N time employees — 240 hours — (30 days) • More than 20 years of service All full time employees -400 hours —(50 days) Shift Fire Department personnel -600 hours —(50 days) V4 time employees - 225 hours — (3].5 days) if an employee reaches the maximum amount of vacation aedkq no additional time will be credited until the vacation time is used. Vacation accruals are intended as a benefit for full -time and Is time employees. An employee will not be eligible to accrue vacation when the employee is not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. Accrued vacation will be paid upon separation. The effective date for separation refers to the last data which the employee actually worked. Sick Leave. Sick leave with pay shall be granted when an employee has a physical incapad y not incurred in the line of duty, a personal illness or immediate family member illness; or enforced quarantine. For the appropriate use of sick leave an immediate family member is defined as spouse, children, step - children, a child to whom the employee has served "in loco parentis" or faster child(ren) or for a family member when the employee is on approved Family Medical teave with, far example, a parent. Sick leave time begins the first working day of the illness. leave will be without pay A no sick leave, vacation, compensamry or personal -time is available. The City depends on its employees to be at work as scheduled. Employees are expected to report for work, mentally and physically able and willing to perform the essential functions of their jobs. The City, of course, will provide reasonable accommodations to disabled employees as set out in Section II above. However, when an employee needs to be out because of illness or injury, the employee or the employee's representative is required to report directly to the immediate supernsor or department director on the first day, and each subsequent day thereafter, of the employee's absence before the beginning of the employee's scheduled shift or as prescribed by the department. Unless otherwise approved in writing, texts, e-mail and /or vokemail messages left with supervisors or non - supervisory personnel will not be Page 51 Pere mel Policies and Employee Handbook Effective: January 1, 2013 City of West university Place Personnel Policies and Employee Handbook accepted and shall not be considered a substitute for the required report. When the employee returns to work after absences of three (four days for Shift Fire personnel) or more days he or she shall be required to provide a limited doctor's certification that confirms that the employee's absence constituted an appropriate use of sick leave. Department directors who have reason to believe Mat sick leave has been abused may request such certification when an employee has been absent for less than three days. Abuse of Skk Leave The frequent claiming of sic: leave benefits may under certain circumstances constitute grounds M believe that an employee's physical condition is below that required to perform the essential functions of his or her job Evidence of malingering or abuse of this benefit will be considered grounds for disciplinary action, up M and including termination. Sick leave stall be accrued for all provisional and regular employees at the rate of nine days per year. All employees not classified as shift Fire Department personnel shall accrue sick leave at a rate of six hours for each month of service, with no limit to accumulation. For shift Fire Department personnel, the accrual rate shall be nine hours for each month of service. % time employees shall accrue six days per year at the rate of 9 hours for each month of service. Sick leave accruals are intended as a benefit for full -time and p4 time employees. An employee will not be eligible to accrue sick leave benefits when the employee is not working the minimum number a hours required M be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. Upon separation from the City, an employee will be paid for up to 90 clays of accrued sick leave credit if the employee retires through Tfv S. In the event of the death of an employee whom is vested in TMRS, the City will pay up to 95 clays of accrued sick leave and other eligible accrued leave to the employee's TMRS pension designated beneficiary. Sick Leave Incentive Pro cram. The sick leave incentive program is designed to reward employees for good attendance by annually converting a portion of their unused sick leave into varabon, if Me employee elects to convert sick leave to vacation. All loll -time employees who have completed 12 months of service with the city and are in "good standing" (have not received a reprimand or tlisciplinary suspension within the preceding 12 months) are eligible to participate in the sick leave incentive program. The annual conversion of sick leave to vacation leave is based on the amount a sick leave used from )anuary 1 through December 31. The effective data of the conversion shall be the 1" pay period in February. Page 52 Personnel Policies and Employee Handbook Effective: January 1, 2013 City of Walt University Place Personnel Policies and Employee Handbook Sick leave shall be converted to vacation based on me following chart. Sick Ua Used from AM" 8 da s taken 3 days U to l'h das 2da Mare than 1'h da and u to 3 days i tla Mare than 3 days 0 do NOTE: For all employees Ne conversion shall be provided at the rate of 8 hours (12 hours for Shift Fire personnep.. Donating hours to the sick leave bank shall not count against an employee's sick leave hours in connection with being eligible m covert sick leave hours to vacation hours. Conversion hours must be taken by January 31" of the fallowing year or the time will be lost. Conversion hours which are currently accrued shall be taken within 12 months from the effective date of this policy. Sick Laava Bank. Employees may voluntarily participate in lye sick leave bank. The sick leave bank provides an added source of sick leave for those employees who have sufferetl their awn catasbo➢hk d /ness or injury and have exhausted all accrued sick and annual leave balances as a result of their own catastophic//inas or catastrophic injury. Employees are responsible for contacting Human Resources and requesting, in writing, activation of the sick leave bank for their own cafasboph/c illness or caGStrcok kyury. In order for an employee to request activation of the sick leave bank the employee must be eligible m real voluntarily donated hours it= the sick leave bank. The employee must first meet the minimum eligibility requirement of Family Medical leave (having been employed by the City at least 12 months and have worked at least 1,250 hours) immediately prior to me leave. Further, the employee's sick leave bank activation inquest shall include sufficient information to determine whether or not the employee's illness/injury meets the definition of a catastrophic medical condition as intended by the policy. The employee most also have exhausted his/her awn accrual banks as a result of the cstasbophk i//ness or catastrophic injury and be /she must have used least 160 hours (240 hours Shin Fire personnel) from their own accrual banks) immediately preceding the request in order to be eligible to request activation of the sick leave bank. A catastrophic i/kress is defined as a severe illness requiring prolonged (long term) hospitalization or recovery; usually involves high costs for hospitals and doctors and medicine (examples include: coma, cancer, leukemia, heart attack, stroke, spinal card or brain illness). A catastrophic injury means Ne consequences of an injury that Page 53 Personnel Polities aM Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook permanently prevent an individual from pertonning any gainful work; 42 USCS section 3796(b). Voluntary contributions to the sick leave bank must be in hourly increments and may be contributed from any unused leave accrual. The maximum number of sick leave hours an employee may conate in a 12- moroth period is 16 hours . Other voluntarily donated hours may be unlimited. Employees may use sick leave assigned firm the bank in the same manner as accrued sick leave. The maximum number of voluntarily donated hours that a single employee may receive through the Sick Leave Bank is 400 hours per incident. If no hours are voluntarily donated to support the employee's request the employee will not be eligible W receive hours through the sick leave bank. An employee shall not be eligible to accrue any leave while utilizing sick leave bank Mum. Sick leave bank activation requests shall not be retroactive. lob Re/atM Injuries If you sustain a job related injury, the injury is to be reported immediately to your supervisor or department director. A First Report of Injury form is also to be immediately completed. To the extent provided by State law, worker's compensation insurance will cover medical expenses for treatment of such jab related injuries Under Texas Workers Compensation provisions, there is a seven -0ay waiting period for paid benefits to begin. you may wish to take accumulated sick, vacation, personal or compensatory time during the first five working days for an on the job injury or illness. If you are absent for more than 15 comsecutive days, the City's insurance carrier will pay you for the initial waiting period. If you are advent for a Period of mom than 15 days and the City's carrier has made a back payment to you for the first seven day waiting period and you have used accumulated sick, vacation, personal or compensatory leave, you may purchase the leave back by reimbursing the City in the amount of the payment you received for the first seven day waiting penod. This request and payment is to be made within 10 days of returning to work. If you are absent for a period of less than 15 days, the City will reinstate any used sick, vacation, personal, or compensatory leave used during dre initial wafting period upon returning to wodc. If you are absent due to an on the job injury or illness, you will continue to accrue sick and vacation leave benefits for the first three mondis of th injury. Accruals will cease after three months until you return to work. Page 54 Personnel Policies and Employee Handbook EffMrve: January 1, 3013 City of Wert University Place Personnel Policies and Employee Handbook Leave of Absence. Department Directors, with approval of the City Manager, may allow employees a leave of absence for a reasonable length of time provided the absence does not interrupt the efficient operation of the City or place an undue burden on fellow employees. All leave accruals will cease when an employee enters into an authorized and extended leave of absence. In an extended leave of absence, the employee shall pay all health insurance and /or other premiums. Retnm W Work.. Employees who have been absent from work because of any extended leave due W their own on- the -job or off - the -job injury or illness shall be required to complete Fit for Duty Testing poor to returning to work. This testing shall vary by department and position based on the essential functions of the position. The testing will be jab - related and consistent with business necessity and in some instances, may be limited based on the nature of the illness or injury. The City seeks to ensure that employees are able to safely return W work following leave and are able to perform the essential functions of their jobs, with or without reasonable accommodations. However, in the event that an employee is not able to perform the essential functions of his /her position, with or without a reasonable accommodation, the employee may apply for any open position, for which he or she is qualified. In the absences of an opening, the City may terminate the employee's employment. Forces/ /Emergency Leave. Employees may be granted up to five days of paid leave to attend or arrange the funeral, and settle the affairs of, an immediate family member. An immediate family member is a spouse, child or parent or "step" child or "step" parent or a parent who has served! "in Into parentis" W a child. Up W three days of paid leave may be granted upon the death of the following family members i.e., sib- lings, mlaws, grandparents or any relative living in the same household. Employees may use their own accrued leave for funeral /emergency leave for any person not specifically described as a family member above, with the supervisor's approval. Additionally, employees may use their own ammed leave for funeral leave for other individuals not specifically mentioned in this policy, provided the supervise- has approved the leave. DependentC ne Leave. Employees completing twelve (12) months or one year of service may be granted up to ten (10) days a paid leave for Dependent Care Leave to attend to personal situations involved with the following: Birth of a child. • Adoption of a child. • Serious health condition of a dependent as defined by the Family and Medical Leave Ad, requiring extended ore. See Family & Medical Leave Section for definition, • Because of any qualifying exigency arising out of the fad that the spouse, or a son, daughter or parent of the employee is on active duty (or has been notified Page 55 penonnel Policies and Employs Handbook Effective: January 1, 2013 City of West university Place Personnel Policies and Employee Handbook of an impending call or order to active duty) in the Armed Farces in support on a contingency operation. Up to 10 -days of cumulative leave may be granted every three (3) years. Employees are responsible for requesting Dependent Care Leave, on the appropriate form, which must be approved by Human Resources. Employees will be required to provide proof of situation warranting leave. Dependent Care Leave requests are not retroactive. Jury Leave. The City shall grant jury duty leave for an employee summoned to serve on any grand, petit, or municipal court jury. The City shall not dismiss an employee from employment because of the Pamre or length of the employee's jury service. When an employee is on jury leave, he or she shall continue to receive his or her regular rate of pay in addition m any per diem received by the employee from the state or the court for jury service. The time spent on jury duty that coincides with the employee's regular work time is counted as straight time for overtime calculation purposes. If an employee is chosen as a juror, they must notify their supervisor immediately and fulfill the citizenship obligation. If the employee is not selected as a juror, the employee is required to report back to work upon being released from service. If more than 50% of the employee's shift remains at the time the employee is released from service, the employee is expected m report back to work during that shift. If less than 50% of the employee's shift is left at the time the employee is released from service, the employee is expected to report to work on their neat scheduled shift. All employees must provide proof of attendance from the presiding court to their supervisor upon their return to work. Proof of attendance must be attached to the employee's time sheet. Couit Appearances. Employees who are subpoenaed to appear in court or before any other judicial or administrative body on behalf of official city business or as a "Good Samaritan" will be compensated in accordance with this policy. Employees that request tlme off m appear in court in a matter personal m the individual (divorce, liability suit, etc.) either as a defendant or plaintiff, or witness, shall be requiretl to use accrued leave in accordance with the appropriate policy. Voting. On the day of an election, an employee who does not have at least two (2) consecutive hours outside the employee's work hours to vote, may, upon the employee's request be given time off m vote during the employee's work hours. Military Leave. This policy applies to employees who are members of the Unitetl States uniform services or the Texas National guard who undertake military leave, either Page 56 Personnel Polices and! EmPloyea Handbook Effective: ]anwry 1, 2013 City of west University Place Personnel Policies and Employee Handbook voluntarily or involuntarily, whether for training, active duty, or related obligations, and who are covered under the Uniformed Services Employment and Reemployment Rights Act (38 0.5.0. § 4301 or seq.) and other applicable law. This policy only applies to eligible employees under 38 U.S.C. § 4301 and /or Chapter 431 of the Texas Government Code. The City shall pay the employee the difference between his /her military pay and his /her normal base pay up m 15 workdays, per fiscal year, in accordance with Section 431 of the Texas Government Cade, during any military leave. There is no accrual of military leave time benefit. Unused military leave time shall not be paid out at the employee's separation from employment. Other benefits (i.e. vacation and sick leave) shall continue to accrue while the employee Is on military leave. An employee may, but is not required to, use vacation leave after exhausting the 120 hours, or 180 hours for shift firefighters, of paid military leave. Thereafter, military leave shall be unpaid. For those employees who are active from a military reserve of the Texas National Guard unit, if the employee exhausts all accrued vacation leave, the City shall supplement the employee's military wage or salary in an amount equal ro the difference between the employee's military wage or salary and me employee's City base wage or salary, if the employee's military leave wage of salary is less than the employee's City base wage of salary for a period of up to 18 months calculated from the date of military activation. NOTE: This supplementation by the Cry only applies to those employees who are activated from a military reserve of Texas National Guard unit. To the extent that an employee had coverage under a health plan through the City, the employee may elect to continue such coverage and pay premiums for leave longer than 30 days or the employee share for leave less than 31 days as prescribed in 28 U.S.C. § 431]. If the employee qualifies for reinstatement under 38 U.S.C. § 4312 (a), upon the end of the leave, the employee shall, upon request, be reinstatetl ro the same position or a similar position with the same senionty, status, and pay to the position held prior to taking the military leave unless: (1)the CWs circumstances have changed as to make such reemployment Impossible or unreasonable; or Page 57 Persmnel Poleks and Emplowe H ntlbxk Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook (2) in the case of a person entitled to re- employment under subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 [38 USCS § 43131, such employment would impose an undue hardship on the City; or (3) the employment from which the employee leaves to serve in the uniformed services is for a brief, non - recurring period and there is no reasonable expectation that such employment will condnue indefinitely or for a significant period. Holiday pay shall be granted (paitl) during the expenditure of the paid military leave at straight time. Employees shall only be paid for hours that he /she is absent from work at the City as a direct result of military leave, but not for other reasons. For example, If a City employee works a standard five -day workweek on Monday through Friday, the employee shall not be paid for hours when he/she is absent on a Saturday or Sunday since such absence was not due to military leave. In accordance with 38 U.S.C. § 4316(c), a person who is re- emplayed by the City after taking military leave shall not be discharged from such employment, except for cause, (1)wilhm one year after the date of such re- employment, if the person's period of service before the re- employment was more than 180 days; or (2) within 180 days after the date of such re- employment, if the person's Period of service before the re- employment was more than 30 days but less than 181 days. The City prohibits any and all discrimination against an applicant or employee who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed military service on the basis of that membership, application for membership, performance of service, application for service, or obligation. Absence without Leave. If an employee is absent from work, without proper authorization, whether for part or all of a working day or for a longer period, such absence shall be grounds for disciplinary action up to and including termination. Page 58 Personnel Polidic and Employee Handbook ERemve: January 1, 2013 City of Wast University Place Personnel Policies and Employee Handbook Job Abandonment An employee voluntarily and irrevocably resigns City employment if the employee: Fails to mom bnm an approved leave of absence on the data specified or the date agreed upon by the City and employee without poor nonce or sufficient muse, including failure W realm after an approved and extended medical leave period. Fails to report to work without notice to the City for three (3) consecutive workdays or shifts without sufficient cause. Employees who abandon their jobs will not be eligible for rehire. Family&Maa5icai4 wAt All eligible City of West University Place employees are entitled to the protection offered by the Family and Medlcill Leave Ad of 1993 (the "FMIA'), 29 U.S.C. 2601, as amended a sail. and the regulations adopted there under. An employee who has been employed by the City of West University Place for at least 12 months and has worked at least 1,250 hours during the 12 months immediately prior to the leave, shall be entitled to up to 12 weeks of leave for one or more of the following: 1. Birth of a son or daughter, and in order to care for that son or daughter; 2. Placement of a child with the employee for adoption or foster care; NOTE: An employee's entitlement to leave under 1 or 2 above shall expire at the and of the 12 -month period beginning on Uhe date of the birth or placement of the son or daughter. 3. To care for the employee's spouse, child or parent, if the spouse, child or parent has a serious health condition; or 4. A serious health condition that makes the employee unable W perform the functions of the employee's position. 5. Because of any qualifying exigency arising out of the fad chat the spouse, or a son, daughter or parent of the employee is on active duty (or has been notifetl of an impending call or order W active duty) in the Armed Forces in support on a mnnngency operation. If the leave is foreseeable, an employee must give the City a 30 -day notice of the intention to take FMIA leave. Otherwise, notice should be giving as soon as possible. City of West University Place reserves the right to retroactively designate leave as FMIA if the leave qualifies under the FMIA regulations. An eligible employee's FMIA leave entitlement is limited to a total of 12 workweeks of leave during a 12 -month period. The City observes a "rolling" year. FMIA shall be taken concurrently with sick leave, vacation and /or other paid leave accruals. Page 59 Personnel P hoi and Employee Handbook Eff ve: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook The Return W Work policy contained in Section IX of this Handbook is also applicable to an employee returning following leave under FMLA. An employee shall not be subject to discrimination or retaliation for having exercised their FMIA rights. An employee's exercise or attempt to exercise their rights under FMIA shall not be interfered with, restrained, or denied, nor shall an employee's use of FMIA leave be used as a negative factor in employment actions, including but not limited to hiring, promotion, transfers, training, disciplinary actions, or other teens and conditions of employment. However, any employee who fails W provide information and /or does not cooperate with staff by providing the required FMIA papenvark in the time -frame prescribed on the approved Department of Labor form, may not be approved for FIALA leave, and unexcused absence may subject an employee W discipline. The time during which an employee Is on FMLA leave shall not be counted for purposes of any department's attendance policies. Page ro Personnel PoI'xies and Employee Handbook HfccMe: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook X. Disciplinary Actions It is the intent of the City of West University Place to compensate its employees fairly; to make all reasonable provisions for their safety and health; to provide adequate instruction, direction and equipment; and to treat all employees with dignity and respect All employees are expected W work diligently and mnscienbously for the benefit of the City as directed by their supervisors and maintain a high level of conduct on and off the job. The City of West University Place encourages the use and application of progressive discipline whenever practical. Accordingly, mild disciplinary action may be taken when an employee first has problems with attendance, work performance, or conduct that is disruptive or inappropriate in nature. If the employee fails W coni the problem or develops rimer problems, more severe disciplinary action shall be raker. Using progressive discipline in such a manner maximizes an employee's opportunity to cores[ problems. By providing for the possible use of progressive discipline, removes, the City in no way has waived or altered the "At-Will" nature of employment with the City, nor does it predude or inhibit the City from exercising ie; right to impose severe discipline, including immediate termination of an employee, whenever sudl action is deemed appropriate without the prior use of progressive discipline. While in most cases the disciplinary action taken will depend upon the degree of seventy of the offense(s), the record of the offender, and the seriousness of the consequences of the offense(s), here are certain offer, which will result in severe disciplinary action regardless of the disciplinary record of the offender. The purpose of standard disciplinary procedures H Id make It easier to be consistent by applying emilar penalties for similar offenses. However, Department Heads and immediate supervisors have the discretion to take all relevant circumstances into account when taking disciplinary action. Basis for Drstlp/ix. The specfic descriptions following evict general heading are examples of that type of conduct and are not intended to be all- inclusive. Offenses constituting grounds for disciplinary action, up to and including termination, induce, but shall not be limited to the following: 1. Unsatsfactory Attendants a. Unauthorized absences It. Abuse of leave c Tardiness 2. Unsatisfactory Performance a. Inability or unwillingness to satisfactorily perform designetl work. It. Failing to perform duties at an acceptable level. page 61 Personnel Policies and Employee Handbook UNx±ve: January 1, 2013 City of West university Place Personnel Policies and Employee Handbook 3. Indifference Toward Work a. Inefficiency, negligence, loafing, carelessness, leaving work without permission, excessive use of City time for performing personal business during work hours, abuse of eating or rest periods, sleeping (other than designated times for Fire Shift personnel) or ott en ise being inattentive during work hours, interfering with the work of others, mistreatment of the public or other employers. b. Negligently causing damage to City property. c. Failure m meet or maintain specified conditions of employment, such as failure to obtain a maintain a license or cerdficate required as a condition for performing a job. d. Misusing or failing to use delegated alMorty in performance of duties. 4. Dereliction of Duty a. Failure to observe and follow the policies of the city and /or employee's department procedures, rules or orders. It. Failure of an employee to take appropriate anion when a violation of polices, rules or regulations comes to his /her attention, regardless of the violator's assignment or position in the City. c Failure to promptly report or deliver ro a Supervisor any property found by, confiscated by, or relinquished W an employee of the City without undue delay. d. Damage, negligent use of or abuse to City vehides, equipment and/or property. Failure to promptly report vehicle and equipment damage whether caused by the employee or not and/or sire failure to report accidents whereby the operator is involved in an accident or strikes an object (for example albs, boulders or other objects) regardless of whether or not any noticeable damage results. S. Insubadinatlon Wilful failure or refusal by an employee m perform assigned work or to fully comply with lawful instructions or orders firm a supervisor or other appropriate manager. Subordination may also include the use of abrasive language and displaying hostility in lesponse to supervision and /or the refusal to submit to corrective action or performance improvement as required by a supervisor. The following procedures apply in the event that an employee questions an order given by a supervisor. a. If an employee believes that the instruction or order H improper, the employee should obey the order or instruction and question the order later in a responsible manner. Page 62 Personnel Policies and Employee Handbook Effie the: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook b. If an employee believes an instruction or order, if followed, would result in personal injury or damage to City equipment, he or she should notify the supernsor Who issued the order, or if necessary, another supervisor. c. If an employee believes an instruction or order is illegal, he ar she should immediately notify a supervisor above the supervisor giving the instruction or order. 6. Violation of Safety Rules a. Improper removal of safety guards (e.g. fire extinguishers); failure to use safety equipment; failure to follow safety practices rules, which includes failure or refusal to parocipate in required post accident tlmg and/or alcohol testing; failure to report an on- the -job injury, vehicle accident, or unsafe condition on the day of the occurrence; smoking in prohibited areas. b. Unsafe driving practices, whidg result in more than two at- fault- ardtlents by an employee in a given calendar year. ]. Dishonesty /Fraud Fraud generally involves a Wilful or deliberate act with the intention of obtaining unauthorized benefits such as money or property, by deception or other unethical means. Dishonest or fraudulent activities include, but are not limited to: a. Misuse or misappropriation of CM property, funds, securities, supplies, furniture, ficiures, equipment, or any other asset or unauthorized changes against the City's accounts including coedit card accounts. b. Forgery or falsifying or altering Cry tlowments (i.e. checks, time sheets, contractor agreements, purchase orders, etc.). c. Authorivng or receiving payments for goods not received or services not performed. d. Unauthorized! use or misuse of City property, equipment, materials or records. e. Improprieties in handling or reporting of money transactions. F. Authorizing or receiving payments for hours not Worked with the exception of those allowed under City pdiry. g. Theft, destruction or removal of any asset or inappropriate use of records. h. Embezzlement. L Seeking or accepting anything of material value from vendors, consultants, or contractors doing business with the city in violation of the City's pdiry. &o"on: gifts less in value than the rate established by the Rate of Texas. Page 63 Persmnel Policies and! Employee HaMtwk Efl ive: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook j. Any computer related activity involving the alteration, desbuction, forgery, sale or manipulation or misappropriation /misuse of data for fraudulent purposes. k. Any misrepresentation or falsifation that is relied upon by, or detrimental to the City; cheating; lying to any City of idal or member of City Marogernedi including the immediate supervisor. I. Falsely reporting illness or injury, or otherwise attempting to deceive any official of the City as to a health or medical condition. Falsifying origin of personal injury W collect workers campeisaten. Misuse of paid leave of absence. m. Arty, violation a federal, state or local laws related to dishonest activities or baud. B. Disturbance a. Participation by an employee in a disturbance occurring on CM property or while on duty; fighting on City property; pnaessian of dangerous weapons, firearms, explosives an City property without permission. b. Entering City property for unauthorized reasons. c. Use of abusive, profane, or threatening language; horseplay; deliberately causing injury to fellow employees. J. Harassment of other City employees or opens, discourtesy to ctizens; creating dissension or discord between employees, or between employees and others. e. Using confidential information in ways that may be detrimental to the City or to another employee. 9. Misuse of City Equipment or Services a. Careless, negligent a improper use of property or equipment; b. Abuse, misuse, deliberate destruction, abandonment, or damaging of property, tools, facilities, a equipment belonging to other employees, atiaens or the City. 10. Sabotage a. Deliberate damage or testruo]on of Qty equipment or property; advocacy of, or participation in unlawful trespass or seizure of City property; encouraging, communicating a engaging in slowdowns, sit -ins, strikes or any other activity in an effort to limit or restrict City employees from working. 11. Misconduct a. The violation of any federal or state law, rule, regulation a city ordinance Mile on duty, or the violation of any federal a state law, mile, regulation, or city ordinance while off-duty, including a criminal act, that may have Page 6i Perri Pollciet and Employee Mari E feftnoi: Nnui ry t, 2013 City of West University Place Personnel Policies and Employee Handbook an adverse Impact upon the Cry or on the public confidence in the integrity of City government, or on the relationship of the employee and other employees or acts which refed poorly upon the CiWs image. b. Then of, aiding, or encouraging the theft of cash, City property, or equipment. c Operating a conducting illegal activity on the job or on City properly. d. Any criminal offense shall be cause for disciplinary action up to and including termination. 12. Disqualification from operating city vehicles and/or equipmerit. Tl'Pes of Disciplinary Actions. All or a combination of the following disciplinary measures may be taken by supervisors. Supervisors will evaluate each situation and take the apprupdate level of discipline. The nature of the Infmctlan may warrant sklpping steps in the process. Counseling: The supervisor should document and verbally advise the employee of their unsatisfactory performance or cool and recommend areas for improvement. Reprimand: Reprimands are written memos to employees given for unsatisfactory performance, for policy, procedural, or conduct violations or in ineances where counseling has already been given and the violation has occurred again or where unsatisfactory performance has continued. when a written reprimand is given, R is to be administered in a timely manner. The employee concemed is to be informed directly of the conduct, the role it violates, the action being taken, the tams and conditions of that action, the cOnSCQUen@S of that action, and consequences of houre violations. Supervisors shall provide the employee with a copy of the repinmand. Originals of all reprimands shall be sent to Human Resources for inclusion in the employee's personnel file. Suspension or Involuntary Demotion: A suspension without pay or a demotion may be administered in situations where reprimands have already been given for previous infractions or lark or performance, or in situations that are serious enough to warrant this level of discipline wAhout prior discipline. Page 65 Personnel Pouches and Employee Handbook Wadi January 1, 2013 City of West University place personnel policies and Employee Handbook Suspension of exempt employees most be in compliance with FtSA regulators. Termination: Termination may be the culmination of a progressive discipline or performance improvement process. Alternatively, it may occur as the first disciplinary measure undertaken if the situation warrants it. DlanW {nary Grocesm. Any Department Head who proposes to suspend an emplryee without pay, demote an employee, or terminate an employee, is required before making a final decision to give the employee notice of the proposed disciplinary action and an opportunity to respond. The employee must appear at the time indicated M give a verbal response to the proposed disciplinary action but he or she also may submit a written response. If the Department Head receives infuriation from the employee Uiat rray affe t the disciplinary action, the Department Head should consider the proposed discipline in light of such new information, coMuct any investigation that is warranted, and Men make a decision based on all of the information to impose the disciplinary action as originally planned, modify such tliscipline, or forgo any discipline. Department Heads must follow procedures outlined by Human Resources in connection with any planned or actual disciplinary actions. An employee may appeal a suspension, involuntary demotion, or termination Mat results in a loss of employee compensation M the City Manager by submitting a request to Human Resources on or before 4:00 p.m. on the fAth business day fallowing the data the employee receives the Disciplinary Action. Employees do not have Me right M appeal counseling or reprimands. Human Resources will schedule a data to hear the appeal and give notice to the interested parties. C ry effort will be made to sdredule the appeal on the appealing employee's work time, but due M the various work schedules, this may not always be possible. In the event the Appeal Hearing is scheduled on the appealing employee's day off, they will not be paid for Me time spent in such hearing. Department Heads and appealing employees must follow proredures and timelines outlined by Human Resources for the Disciplinary Achim Appeals proces. Employees may designate a person to represent them in the appeal or they may represent themselves. Any representative most be designated at the time the employee submits his or her request for an appeal by providing Me full name, telephone number and address for such representative. If an employee fails to designate a representative at that time he a she submits an appeal, no wch nepesenlabv will be allowed M attend or participate in the appeal hearing. Page 66 PerSmnel Policies and Employee Handbook Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook The City may also choose to have legal representation at the hearing The City Manager shall rancor a derision within ten working days of the conclusion of the appeal hearing. The City Manager's dedsion is final and not subject to further appeals. A'oti5cation to Coozrcp. The City Manager shall notify the City Caundl of all disciplinary matters acted on by the City Manager where the decision includes a demotion, a suspension for more than five days or dismissal. What is not discipline. Layoffs, reductions in form, expiration of temporary appointments, separations allowed by other sections of this handbook, pay reductions or other measures resulting from economy campaigns, reorganizations, denial or temrination of a telecommuting arrangement or other similar Will are rum considered discipline and cannot be appealed under the City's Will and procedures. ApW"Ai /i[y. This section is net applicable to persons holding the following positions: Gty Manager and the City Attorney who hold their positions at the pleasure of the Council, subject to the Charter; all Assistant City Attorneys who serve at will; Municipal Court Judges who serve at will subject m the Charter and state law; Department Directors who serve at the pleasure of the City Manager subject to the Charter; part-time, seasonal and temporary employees who serve at will; previsional employees who senre at will; and all other positions for which the Charter or state law prescribes disciplinary or dismissal requirements different from those stated in this section. Page 67 Personnel Mhoes and Employee Handbook Eftwl: e: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook M. Complaints Open communication between an employee and his /her supervisor is encouraged. If an employee has a complaint or suggestion about any aspect of his or her work at the City, including but not limited to, any work rule, work- related decision, promotion, promotion procedure, safety condition, work condition, treatment at work, or violation or any City policy or procedure, the employee should talk directly to his or her immediate supervisor or department head. If the Supervisor or Department Head is not responsive or if the employee is uncomfortable discussing the matter with them the City encourages employees to contact either Human Resources or the City Manager. Page 68 Personnel Policies and Employe Handh[ok Effective: January 1, 2013 City of West University Place Personnel Policies and Employee Handbook NOTES. ADDITIONS & CORREMONS Page 69 Penonnel Polities and Employee Handbook EReebve: January 1, 2013