HomeMy WebLinkAboutORD 1994 Amending the Personnel Policies and Employee HandbookCity of West University Place
Harris County, Texas
Ordinance No. 1994
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 December 3, 2012 and became effective
January 1, 2013; 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 Code of Ordinances of the City
of West University Place, Texas is hereby amended to read in its entirely as follows:
(a) Handbook Adopted. The City Council approves and adopts the
"Personnel Policies and Employee Handbook, 2015 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 right 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 ciimparabte previsions of all prior personnel policies and
procedures heretofore adopted by the City Council or by any officer or agency of Me
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 eminence shall take effect and be in force as of January 1,
2015.
Section S. If any word, phase, 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 eminence and the application of such word, phase, clause, sentence,
paragraph, section or other pan of this ordinance to any other persons or circumstances
shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the mntlict only.
Section e. 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 2e day
of September, 2014.
PASSED, APPROVED AND ADOPTED ON SECOND READING AND SIGNED,
onthe le dayof October ,2014.
Approved as to legal form:
City Attorney
(x188881 NC I
k
Mayor
Exhibit "A"
Personnel Handbook
(0016s610 c
City of West University Place
Personnel Policies and Employee Handbook
I. 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 sufficiently 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 Policy's intent. This policy
should 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 if 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 night to change, modify, suspend, interpret or cancel any of the
benefits, policies and procedures at 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 and 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 to administer this
handbook, including the right to establish whatever detailed regulations and procedures
may be necessary to further explain and clarify Me 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.
The City Council appoints the City Manager to administer the day-to -day operations of
City government. The City Council recognizes that delegation of authority Is appropriate
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when the delegation will enhance the effectiveness and efficiency of the City operations
Without risking the integrity of the internal control necessary for accountability to
protect the City's interests.
This policy is established to define the scope and limits of policy setting authority
delegated to the City Manager for such administration. City Council delegates
expressed authority to the City Manager for the following:
• To adopt compliance policies that are consistent with federal, state or local laws
with which the City is required to comply. These legal authorities may also
include guidance from federal, state or local enforcement agencies.
• To adopt policies that are geared toward maintaining a productive and effident
workforce, including for example the use of social media and the Internet, or safe
driving policies.
• To clarify existing policies and correct grammatical or typographical errors, which
do not charge the intent of existing policies.
The City Council shall, however, approve any policy which directly or indirectly
encumbers or exposes the City to financial liability in any way such as changing or
adding benefits that have not been expressly approved by Council.
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 communed in this Handbook. The City Manager or his /her
designee will resolve any conflicts between department policies and citywide policies.
In order to be in effect, all policies and commitments regarding your employment must
be in writing and on file 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.
It is the City's Policy to fully comply for all applicable state and federal law, including
any amendments to such law that become effective after this Handbook is adopted by
City Council. Accordingly, to the extern protections provided by state and federal law
ever exceed those provided in this Handbook for any reason it is the Cty's Policy to
comply with such law as if it were fully incorporated into the City's Handbook.
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No statements in this Handbook should be interpreted to 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 citizen 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 capacity 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 conditions.
Any employee with a work - related concern or complaint is encouraged to express such
concerns and /or complaints through the various complaint and grievance procedures
provided In this Handbook.
R 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.
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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, 2015.
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 to customers — they feel their tax dollars are well
spent and taking time to explain your decisions or actions;
Providing services in a personal, customer- fnendly manner — being
courteous and polite;
Following up on your commitments.
Productivity:
Loading 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;
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Responsibility:
Holding your self and others accountable for action and results;
Owning the results and outcomes;
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 options 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;
Being 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 clear, objective and direct manner;
Supporting official decisions and actions;
Knowing your team me, being an active, productive team member;
Working together with others, ask "who needs to be involved ".
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IT. Recruitment ✓h Employment
Equal Employment Opportunity. The City of West Unlvesity Race is an equal opportunity
employer. The Oty does not discriminate against qualified applicants or its employees in its
employment polides, practices and aaas to its services. Tide VII of the Civil Rights Act of 1964,
as amended, and other federal dvll right: laws, prohibits discrimination against or preference for
any person in recruitment hiring, discharge, pay, fringe bere ts, membership, training,
examination, appointment promotion, retention, discipline or any other aspect of employment
Muse of race, color, sm, age, religion, national origin, marital status, disability or on the bass
of genets infomution. The Goy will not allow illegal discrimination in the workplace and conduct
found 0 violate the Ctys pollcles rdat g to discrimination and harassment may Intl m
discipline, up to and including termination. With respect ro Criminal History Records, In
determining the eligibility or the disqualification of a candidate from employment based on their
mminal history background, the City of West University Pare will consider the nature of the job,
the nature and seriousness of the offense, and the length of time since a occurred. Culpability of
any offenses, as shuwn by conhdion, including a plea of no cam est or deferted adjudication,
may omsr[ute grounds for disqualification of employment and /or volunteer opportumbes with
the City of West University Pace. The City will exerdse careful and sound business judgment
when making a determination of eligibility or disqualiFlcatim, Mood will be job related and
consistent win boaMess necessity on a case by-case bass.
Sexual Harassment and Oibrrimination. 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 ethnlc/ acial /sexual remarks.
While supervisors are responsible for creating and maintaining an atmosphere free of
harassment, employees are responsible for respecting the rigl k of co- workers. The
City will not tolerate conduct or material that is offensive to a reasonable employee.
Title VII of the Civil Rights Act of 1964, as amended prohibits discrimination on the
basis of sex. Additionally, the Equal Pay Ad 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 evaluators.
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,
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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.
It 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.
Harassment and Anti- Mlence Workplace. The City prohibits and will not tolerate
employee conduct that is harassing, intimidating, threatening or violent, 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 in
and Including termination.
Online Harassment, Consistent with the spirit and intent of the Sexual Harassment
and Discrimination Policy and the Harassment and Anti- Violence Workplace Policy
mentioned 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 to chats, Twitter, message boards, flogs, social networking sites such as
Facebook or linkedln, instant messaging, avatars, spasm, 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 to as online harassment, cyberstalking,
cyberbullying, or textual harassment, are prohibited to 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, whether on City- provided equipment or otherwise,
constitutes a violation of this policy. An employee who suspects he or she has been
subjected to 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
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procedures. Any employee who violates this policy will be subject to disciplinary
action, up to and including termination.
Additionally, employees should be aware that Section 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:
1. to create a web page on a commercial social networking site or other Internet
webste; or
2. post or send one or more messages on or through a commercial social
networking site or other Internet webste, 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 to 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 Olsabz1Wm Act. It is the City's policy to prohibit discrimination on
Me 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
Americans 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 Policy. 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 applicant 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 functions of the job, 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
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disability and/or need for accommodation, provided that such accommodation does not
place an undue hardship upon the City.
An employee with a disability who believes that he or she needs a reasonable
accommodation to perform the essential functions of his or her job should contact
Human Resources. The City encourages individuals with disabilities to make the City
aware of any disability and to request a reasonable accommodation.
Procedure for Requesting an Accommodation. Accommodation requests will be
evaluated on a case -by -case 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 discos 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
vadous 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 Gty's ability to conduct
business.
The City will inform the employee of its decision on the specific accommodation
request, any alternative accommodation proposed, or how to implement the appmved
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 me 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.).
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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 procedures The City is committed to a work place free of discrimination
and harassment. Any employee that is subject to, is a withess to, or becomes aware of
any conduct that might be considered discrimination or harassment of any employee
must immediately report the incident to their immediate supervisor and/or Human
Resources. If a supervisor is notified of a complaint, he or she should immediately
notify Human Resources. If the supervisor Is the person engaging in the alleged
conduct that is subject to complaint, the employee should report the conduct to 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 City will
take prompt corrective action to end the harassment or discrimination, retum
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 good faith will in no way be held against an employee. However,
the misuse of the complaint process may result in the appropriate disciplinary action, 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 policy.
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.
Fraud Poliq 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
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irregularity. The City will make every reasonable effort to 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 M their supervisor. If it is
inappropriate to report Me incident M the supervisor or if an employee is uncomfortable
reporting the incident or practices to the supervisor, the employee may report it M their
Department Head or Human Resources.
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
polity. If the City determines that fraudulent activities have occurred the Department
Director will issue a report M the appropriate designated personnel and, if appropriate,
to Me 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 prosecution. 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 Me City.
Additional Information is contained in the Anti-Fraud Procedures.
Whistieblower. The City's policy is M comply with the Texas Whistleblower Act, and
accordingly the City pmhilbns 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 M an appropriate law
enforcement authority. Employees are required M promptly report any violation of this
policy to the Human Resources Department under the City's complaint policy in Section
XII.
Weapons. With the exception of certified law enforcement officers, City employees
(including employees licensed to any a concealed handgun under Texas law) are
prohibited from carrying any type of firearm or prohibited weapon in City owned
buildings and vehicles.
The Terns Public Informa Bond rice While the Texas Public Information Ad requires
that many of the documents and much of the Information collected by the City is
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subject to public disclosure upon written request, a City employee has the right to
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 closed to
the public. A new employee must state, in writing, no later than the 190 day after the
initial date of employment, if this information is to be available upon public request or
to remain confidential.
Employees are required to comply with the Texas Public Information Act as it relates to
their respective department and job, including but not limited to records retention, e-
mail, e-mall addresses, among other documents and information.
Drag Free and Airohoi free Workp lace. In complying with the Drug Free
Workplace Act of 1988, as amended, the City is committed In providing a safe and
productive work environment for its employees, ensuring the well -being and safety of
Its citizens and protecting the integrity of the City through the actions of its employees.
The presence or use of illegal drugs a 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 safety 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 to 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 to a safety- sensitive position; or when chosen for random testing
if an employee worla in a safety- sensitive position.
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, medication or intoxication.
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
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tobacco products" means the inhaling, exhaling, burning or carrying of any lighted
agar, 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 Appearance. 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.
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 businesslike appearance when representing
the City.
Casual Fridays are permitted, which includes the wearing of jeans. If worn, 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 casual 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. T- shirts with advertisements, political messages, or slogans (unless provided
by the City for a specific City/Public event).
4. Revealing, sheer, see- through skirts, pants, shorts, etc.
S. Jeans. Pants made of a heavy denim or jean material. (Exception: Feld
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 piercing(s) on a visible part of the body
(excluding ears).
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Overalls and shorts (Department Directors may make exceptions for
uniformed seasonal wear).
Sweats and wind suits.
Hair worn in a manner to create a safety hazard, including facial hair.
Exceptions:
The Department Head may make exceptions with the City Manager's approval
Poiifica/ Activity. An employee may not entlorse a political affiliation and/or
candidate for federal, state or local public office while on -duty or parrot 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.
Upon announcement of intention to seek or assume such office, you must submit your
resignation.
An employee may not 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 City 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:
1. 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.
7. Using city equipment to promote a political affiliation and /or candidate or
proposition.
8. Soliddng 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
position represents a position 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.
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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 employee's primary employment. Scheduling of outside
employment requires prior approval and shall not interfere or conflict with an
employee's work schedule or 211 -back status at any time. The City shall not be
responsible to accommodate due to outside employment. Employees who are not able
to work their regular work schedule due to injury or illness shall not be approved to
continue to work a second job while on workers' compensation leave, medical leave
and /or while restricted to light duty. With approval, employees may resume second job
once they have received a release to return to work in their regular capacity with or
without reasonable accommodations.
Media Contacts. The City Manager, Department Directors and designated Public
Information 01 are authorized to serve as liaison to media representatives. A
Communications Team may be created and authorized to disseminate information as
directed. Members of the City police and fire forces may communicate with the media
in the event of disaster, threats to public safety, or other circumstances requiring
immediate and specific 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 supervisor's direction, no employee,
unless he or she is an authorized 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 most 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 responsible Department Director.
Acceptance of Gifts and Conflicts of Interest. City employees may accept gifts
in compliance with Federal and State laws and this policy. The purpose of laws and
policies governing gifts to public employees is to 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 gifts, favors, services or
promises of future employment that could relate to, or influence the performance of the
employee's official duties. Employees may not use their position to gain special
privileges or benefits and are to avoid participating financially in any business
enterprise, which might influence their official decisions and judgments. Employees
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may not hold any position with any business enterprise or governmental unit, which
would conflict with the proper performance of the employee's duties or responsibilities.
Employees, employee's spouse and minor children are prohibited from splitting or
receiving gifts in any amount unless a specific 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 include:
a. Political contributions made and reported in accordance with law.
b. Awards publitly presented in recognition of public service.
C. Gifts 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 Iendees
business .
e. Complimentary copies of trade publications.
f. 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,
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 City's
Code of Ordinances.
Substantial Interest in 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 interest" in
Chapter 171 of the Local Government Code.
A person has a substantial interest In a business entity If:
a. the person owns 10 percent or more of the voting stack 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.
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A local public offidal 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 City 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 phone(s), recording
devices, I -Pad, laptop, or any other personal possession or article on City 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 City. In this connection all offices, desks, files
(inclutlinq 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 Dirertor or City Manager with or without the
employee's consent or approval and with or without prior notffiration; including
property that is used exclusively by the employee, but that is secured, unsecured, or
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
authorities.
An 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 ofReiativei).
An 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 to 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'); or
2. Non - married cohabitants, roommates and /or significant others who five in
the same household and /or who are economically dependent on one
another.
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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 ever the other family member ether directly or through the
chain of command.
If a supervisor becomes a family 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 61� 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 at a member of City Council within the second degree of affinity, (a relationship
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-grandfather, great - grandmother, great - grandson, great- grand-
daughter).
Workplace Neiationihips. Managers and supervisors are prohibited from engaging
in a dating, romantic and /or sexual relationship with subordinates 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 to discuss any concerns about potential
violations of this policy with Human Resources. Romantic, sexual or dating
relationships with co-worker peers are normally discouraged, but, if 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 Properly. 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, Internet,
and similar resources for personal use may be necessary or beneficial to the City. The
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City 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 ro and including termination.
Internet 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
regarding 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 respect 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 of the City.
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.
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 to 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 embarrassment, humiliation and ridicule. Internet use that violates this
policy is subject to disciplinary action up to and including termination.
Additional information is contained in the Internet and Acceptable Use procedures.
Social Media. All official use by the City of social media sites or services is considered
an extension of the City's information and communications networks. All City use of
social media must be approved by the City Manager or his /her designed and be in
compliance with all applicable policies and procedures. The City's Communications
Team, wnich acts as the Citys 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 outlet, which is
to be created, maintained 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
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to established laws and policies regarding copyright, records retention, release of public
information, the First Amendment, privacy laws and information security policies
established by the City of West University Place . Wherever possible, links to more
Information should direct users back to the City's official website for more information,
forms, documents or online services necessary to conduct business with the City.
Employees using social media for City business purposes or in representing the City via
Me Citys social media outlets most conduct themselves at all times 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 parry.
For the purpose of this policy, social media consists of various online technology tools
that enable people to communicate via the Internet to share information and resources
including text, audio, video, Images, podcasts, and other muhimedia communications
and may Include but is not limited to: event posting, texting, photo- sharing, wall
postings, video sharing, blogging, Facebook, Flickr, MySpace, microbiogging, Twitter,
Linkedln, youTube, and similar platforms.
In online social networks, the lines between public and private, personal and
professional may be blurred. When a CM employee self- Identifies as a Gty employee,
he /she is creating a perception about the City. For this 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 Ry business.
Violations of this policy may lead to disciplinary action up to 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, regulations and
mandates regarding the management of Information Technology resources; W 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 to their respective
department and job, including but not limited to records retention, e-mail, e-mail
addresses, etc.
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&mail users that violate this policy are subject to disciplinary action up to and including
termination.
Additional information is contained in the 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 an employees unreasonably using work
time for personal business . For quality control and /or other business - related purposes,
telephone calls on City equipment may be monihmed and /or recorded at any time.
Recording. It is the CityJs 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 survelllance equipment has been or will be installed in many City
buildings, including the Recreation Center, Colonial Park, City Hail, Police Department,
Rre 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 Rre Department are recorded; the City has the ability to monitor
telephone rolls /usage and computer usage; and most City vehicles are equipped with
tracking 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.
CeRu/arphone. 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 WiR (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 for City owned cellular phones
and /or services must first be justified 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 tlevices. The standard will be reviewed every
two years and technology refreshes will occur as needed.
As an alternative to a City owned and provided cellular phone or tablet device, the City
Manager may authorize the issuance of a monthly stipend to those City officials he
deems to be Critical Decision Makers. The stipend is intended to only pay for City
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related vests 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 account.
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 permission 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, camera or any other electronic recording device, (2) imaging, photographing or
recording video Images In City restrooms, locker rooms, dressing rooms or other areas
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 he subject to the appropriate disciplinary action
up to and including termination.
City Owned Vehicles. City-owned vehicles may be used only for City business,
eecept as otherwise specifically 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 ffae for City Business: 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.
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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 and Equipment Use. It is the policy of the City of West University
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, state and local rules and
regulations.
Employees whose positions require the operation of a motor vehicle must, in addition to
meeting the approval requirements, exercise clue diligence to drive safely, wear seat
belts, follow 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, text
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
mentioned above, he /she must stop safely, locate a lawfully designated area to park,
secure the vehicle, and then make the 211, text 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 to the public. Decisions regarding the use of City
cellular telephones, electronic paging devices, and wireless personal communications
devices which are not explicitly stated herein will be left to the discretion of the City
Manager. Department Directors are authorized 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
vehicle(s) they are assigned. Additionally, employees are responsible for the security of
the vehicle and its contents.
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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, medication or intoxication.
Driving records of employees who operate City vehicles and equipment and/or whose
position requires driving for City- related business shall maintain a satisfactory driving
record and the appropriate license at all times.
Additional information is contained in the Public Works Operators Responsibility for Use
of City Vehicles and Equipment Procedures.
Damage, negligence w abuse of My hrehu'/ t, equipment arnd/w property. All
employees are required to report both damage th City vehides and/or equipment, and
accidents involving City vehicles and/or equipment. It is a violation of ay policy to fail W
promptly report any damage observed on any City vehicle or equipment whether such
damage was mused by the employee or not. Further, it is a violation 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, border or other objects
whether or not any noticeable damage results. Employees shall always report any such
inddems and/or the damage to his /her supervisor and the supervisor shall complete a
vehicle accident 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.
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III. Employment Status
AbWill Employer. Employment at the City of West University Place is at -wilf 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 writing 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.
Provisional 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 altered the At -Will nature of employment with the City.
provisional 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 duties. 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 provisional period is less than satisfactory, the provisional period may, at the
discretion of the wpervisor and with approval of the Department 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 comoletino the provisional
period. an employee's employment with the City remains at -will in nature
Full-time Employment An employee whose normal duty assignment is to works a
minimum of 90 hours a week (2,080 hours annually) or an average of 56 hours a week
( 2,912 hours annually) in a full -time shift Flre Service position is eligible for all City
benefits.
ag -time Employment An employee whose normal duty assignment is to work a
minimum of 30 hours (1,560 hours annually) in a 3/ time position is eligible for City
benefits as defined for 3i time employees.
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Part-time 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.
Seasonal Employment. An employee whose normal duty assignment is to work
during a specific period of time per calendar year and 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 to be of limited
duration (999 hours or less In a calendar year) are classified as Temporary. Employees
who are assigned temporary status are not eligible for any City benefits, except those
required by law. Employees hired through a mmpomry 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 internships offer short-term
opportunities, with no entitlement to a job upon completion, for degree- seeking college
students to allow them to obtain valuable hands experience to complement their
education. The goal of an internship at the City is for the interns) to gain insight into
local government and municipal operations and prepare for future leadership positions.
The experience is for the Intern's benefit, not the Gigs advantage, and interns wilt not
be used to displace regular employees. Interns may be asked to complete tasks that
enable them to gain job related experience, including 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 funds.
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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."
Compensation philosophy. The City's 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 he 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 recmlt experienced
professionals. As part of its 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 positions to be based on a candidate's total number of years of specific Job-
related experience actual number of years of service in TMRS. Service
credit from other sources (non -TMRS city creft courtly, education. etc.) shall
not automatically apply to the calculation of the number of years of service for
which the candidate Is eligible but will be considered on is.
Additionally, in certain circumstances, the City Manager may authorize a one -time vacation
leave credit to a candidate's accrual banks based on a candidate's specific iob- related
experience.
Establishment of Plan. 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 using established benchmarks. The range mid -point shall be
approximately 100% of the 75n percentile as the designated market average for all
employees' pay structures.
One of the functions of the budget process is to consider the competing priorities for
limited revenue resources. It may be determined that the OWS current financial status
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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.
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
CrWs 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 Ranges. 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 positions, 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 position. The midpoint of the range is equivalent
to the average salary paid In the market at the 75' percentile.
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
III 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.
Occasionally it may become necessary for the City Manager W implement "premium
pay" for a position that has been difficult to fill due to a strong economy. Premium pay
means the position will continue to be classified in the same pay range, and a sub -
range will be created that is not greater than a 15% increase over the established
salary range for the position. Premium pay is a temporary increase in pay and shall be
recorded as a separate line kem on a pay check and may be removed when economic
conditions return to a more normal state when deemed appropriate by the City
Manager.
Job Description. Each position 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 to clarity the responsibilities and expectations of the job;
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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 training.
£valuation of Performance. Employees will be evaluated at least annually. This
evaluation 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
Human Resources. Employees will be given a copy of the evaluation prepared by their
supervisor.
Performance -bared Compensation. Salary Increases may be given to reward
Individual performance and are subject to budgetary guidelines established by the City.
Pay for Exceptional Performance. Performance pay adjustments for employees to
reward superior performance may be awarded in the sole discretion of the City 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. Step-up pay applies only to non -exempt employees in certified public
safety posttions who, are temporarily assigned or promoted to perform the full range of
duties of a higher - classified position on a short-term basis due to the absence of an
employee in a higher - classified position or the vacancy of such pusher. The employee
who is temporarily assigned 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.
Certi9cate /Education Pay. Certain positions may be eligible to receive certifcate
pay anti /or educational 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, me City's financial status
will affect certificate and /or educational pay available for each budget year.
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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 vacances in key positions. The City's succession plan is
designed to identify and prepare candidates for management positions which may
become 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 ft 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 vacancies. The
City reserves the right to groom one or more potential managers for a single vacancy.
Participation 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 that when possible, vacancies may be filled by selecting from among
current City employees. The City may appoint an individual on an interim basis and
continue 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 position 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 pmcesses,
procedures, and practices. The City Manager may at times re- classify a position as 3/a
time or part-time to permit the departing employee to provide support to the new
executive or manager or to permit the departing employee ro continue on a reduced
schedule for a set period of time.
Promotions. It is the policy of the City to encourage and provide opportunities for
promotion. Employees are responsible for monitoring vacancies and are encouraged ro
apply for vacant positions, in which they are interested in and for which they are
qualified. A promotion is defined as the assumption of job duties and responsibilities
that are higher in character and snipe 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.
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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's rate of pay on the
effective date of the cash out.
Promotiona /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. This sometimes
creates compression issues with other positions. For example a promotion to a public
works crew leader position may take an employee's salary higher than other crew
leaders with more years of time in position. The City will make an attempt to limit
compression whenever reasonable but CANNOT guarantee it will not occur. The City is
not obligated to adjust any employee's salaries because of compression.
Promotions and Provisional 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.
Lateral triennial A lateral transfer is a move from one job position of equal salary
range to another with a job fide change only. A lateral transfer will require a six -month
provisional period unless it is a position previously held by the employee.
Demotion. 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. The employee's salary
shall be evaluated and will be reduced accordingly in an effort to prevent compression
issues within the salary range.
Reorganizations. An employee may be transferred, have a job title change or have
salary increased or decreased due to a department or City-wide reorganization.
Reclassifications. From time to time, a position may be evaluated for reclassification
when the overall responsibilities, supervisory responsibilities and/or minimum required
qualifications have increased significantly. Redassifcations shall be requested by the
Department Head, approved by the City Manager and paid for by the requesting
department, unless the cost has been induced as part of an overall compensation
study. A change in a process (how the job is done) does not in and of itself warrant a
reclassification. A salary increase for a reclassification is not automatic or guaranteed.
Rather, salary will be evaluated on a case by case basis. For example, an employee's
salary is already above the minimum of the reclassified salary range.
71de Changes. Periodically, a job title change may be warranted to more accurately
refect a job and is more reflective of the market tide for a position. A change in tide
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without significant changes in responsibilities, supervisory responsibilities and/or
minimum required qualifications may not warrant a reclassification. Title changes shall
be requested by a Department Head and reviewed by Human Resources for consistency
throughout the organization prior to being submitted to the City Manager for approval.
Reduction -in- force. From time to time economic conditions or the changing staffing
needs of the City create situations which will require a reduction in force or layoff from
specific positions.
Resignation. to 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.
Exit Interviews Exit 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 to analyze employee
turnover and to process benefits for departing employees.
Final Pay. Upon termination of employment, departing employees will be paid for all
unused vacation, vacation that has been converted from sick leave in accordance with
the sick leave incentive policy, compensatory tlme 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
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
unretumed 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 Contribution AR (FICA), social security, insurance
premiums, Texas Municipal Retirement System (TMRS) payments, and tuition
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 be eligible for
payment of such P -time.
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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 otherwise approved in writing In advance by the City Manager, the effective date
for separation refers to 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 employees °last° work day.
Reappointment. Former City employees are eligible for rehire providing prior service
with the City was satisfactory.
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VI. 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 Rerondiiation Act of 1985 (COBRA). The
Consolidated Omnibus Budget Reconciliation Act of 1985 ( CORBA) became effective on
April 7, 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 Oental Insurance Full -time and 3/ time employees are eligible for
health and dental benefits and will be advised of group health and dental insurance
plans, dependent coverage availability as well as current premium costs and will be
enrolled in won plans during orientation. Employees, and their eligible dependents, will
usually be covered on the first day of employment. Employees will be allowed to make
changes 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 V time, and is subject to change. See Plan documents for specific
information concerning coverage.
All group benefits are benefits for 3/4 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 of 30 hours per week for eligibility), the employee shall be
responsible, as required, for premiums for their own 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 choose not
to subsidize covered individuals health insurance premiums for those who choose not to
complete the Self Huth Assessment and biometrics screening on an annual basis as
required.
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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 the requirements of the Health Insurance
Portability and Accountability Art (HIPAA) and the Genetic Information Non -
discvimination Ad (GINA) and is a term of the City's group health plan for purposes of
the ADA Safe Harbor provision.
Wellx Program The goal of the Employee Wellness Program is to identify risk
and provide avenues for behavior modification thus reducing chronic disease and
reducing medical cost(s) 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 to three days per week during normal working hours for the
employee(s) to exercise at City-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 bmsitment they
should present it to their Department 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 ensuring adequate staffing levels are maintained and, therefore,
employees must stagger their workout times In ensure adequate coverage is provided
at all times. Department Heads are responsible for tracking an employee's participation
on the proscribed tracking document and forwarding the data to Human Resources.
Employees must complete an Agreement form, which must be on file in Human
Resources prior to participation in the paid exercise program. Employees who abuse
this benefit 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.
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Physical fitness programs for Police and Fire Department personnel shall be established
by the respective Chief and approved by the City Manager.
The City's Wellness Pmgmm 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 Insumnce Portability and Accountability Act (HIPAA)
and the Genetic Information Non -discrimination Act (GINA).
Additional information is available in the Employee Wellness Programs Administrative
procedure.
Flexible Spending Account Employees have the option of participating in a Flexible
spending plan that allows the employee to contribute pre-tax salary to an account.
Money allocated to this account on 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 amount. Once the employee makes a decision to participate, the decision cannot
be revoked unless Me 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 /Accidenta /Death & Dismemberment Insurance. 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 Ye time,
and is subject to change. See Plan documents for specific information concerning
coverage.
Disability Insurance. Disability insurance is provided for periods of extended
disability due to an accident or illness. Coverage is generally available after the
elimination period of 60 days or 180 days, whichever applies. The City may subsidize a
portion of Me monthly premium. The percentage of subsidy may vary between plans,
between employee's classified as full -time or Y4 time, and is subject to change. See
Plan documents for specific information conceming coverage.
Retiree Health hie nefl&— Employees hitedlanuary 4 2OO9 and thereafter.
A retiree and his or her covered dependents) 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. Retiree /Dependent COBRA benefits will be terminated
if the City (or the Citys Third Party Administrator) does not receive the required
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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 Ad ("APA" or "Act").
L @IrL
Retiree Nai ReneRGS- Employee's hiredprior to January 4 5009.
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 City'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 /retiree's spouse and dependents) are also eligible for continued
coverage on the C14 s plan Employees /rettrees are responsible for all costs, including
premiums, associated with spouse and dependent benefits. If the retiree is eligible car
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 cost. 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 W current employee medical coverage as permitted by or in
order to comply with the Patient Protection and Affordable Care Act, the Cry will
anatyze the applicability of the Act at that time.
An employee must declare his /her intention to continue health insurance coverage no
later than the effective sate 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 to return to the City's
health Insurance at any time in the 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 own cost In the state insurance
exchanges car any reason including cast savings on spouse or dependent coverage.
Ail 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 -
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employment. Employed is defined as having 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 form.
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.
The HisaHh Irrouranre PortabiOty andACrountability Act (HIPAA) Standards for
Privacy of Identifiable Health Information (the Privacy Rule) is effective April 19, 2009
and the Hi -Tech Omnibus rule enacted as part of the American Recovery and
Reinvestment Act of 2009, including genetic information required by the Genetic
Information and Non - discrimination Act (GINA) of 2008. 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 City is
required by applicable federal and state law to maintain the privacy of protection health
information. The HIPAA privacy rule permits 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 W collect health information as needed for
employment. The HIPAA 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 to have personal and medical information private. Under no
circumstances will a CRy employee disclose Personal Health 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 terminator.
The Privacy Officer 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 Privacy 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.
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Complaints may also be filed with the Secretary of the United States Department of
Health and Human Services. No retribution or negative action will be taken or tolerated
because a member files a complaint with the Privacy Officer or Department of Health
and Human Services.
Texas Munic i Retirement System (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 posaion 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 CM1y will contribute
approximately twice that amount, depending on actuanal needs. The employee
contribution is tax deferred.
Vesting occurs when an employee has made deposits into TMRS for five (5) years.
Employees may retire with benefits after five (5) years of service at age 60; or at and age If
the employee has 20 or more years of service.
If an employee can no longer perform his or her job at the City as a result of an illness
or Injury, TMRS provides an occupational disability retirement regardless of whether the
age or service requirements have been met. Employees are responsible for contacting
TMRS to make the appropriate arrangements.
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 d
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 or not vested in the retirement system, the employee's retirement contributions
may remain in an inactive TMRS account no longer than five years. An empbyee most
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 for a minimum of
thirteen consecutive months. Employees will receive longevity 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 at tie same time unused Personal
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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
completion of thirteen consecutive months. Longevity pay is subject to TMRS and
income tax withholding.
Eligible employees who separate from the Qty 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 to 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 earn
longevity pay for that month.
Former employees who are re -hired will be paid longevity pay without regard to their
prior employment.
Deferred Compensation. Deferred compensation plans are offered for employees to
choose on a voluntary basis. Employees may defer the maximum amount annually as
established by the Internal Revenue Service. This program allows City employees to
defer a portion of their income and the taxes on that income to build an additional
supplemental retirement income.
Employee Afsittarre'e 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 EAP directly.
The City is not advised of any self - referral. There is no charge to an employee car family
member for the assessment and referred services provided by the EAR If the EAP
counselor believes that a participant needs further assistance, the counselor will refer
the particpant to an appropriate agency or individual for continuing care. Costs
incurred for other treatment, which is not covered by the City's health benefits, shall be
an employee's responsibility.
A supervisor may refer an employee to the EAP if the employee's performance is
considered unsatisfactory and the supervisor believes the services provided by EPA
could be beneficial to the employee. The Qty is only advised if the employee is or is
not participating, as required by the supervisory referral.
Training Schools. The City 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 it shall generally be established as part
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Personnel Policies and Employee Handbook
of the budget process. The Director will have final say on where and when an
employee's training will occur.
Tuition Re/mburia m ant. 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 the City believes an employee can
reasonably achieve. The availability of tuition 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. An employee who
resigns or is terminated less that two years after completion of a reimbursed course
must return 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
tuition monies received. If an employee is taking a leave of absence for educational
purposes, the employee will not be eligible for reimbursement.
Te/ectimmutirrg. Telecommuting is an alternative work arrangement in which employees
work at home, and are linked eactronici via computer, tar or telephone to the central
wodaite. The City supports telecommutirg when it contributes to the effectiveness of an
employee in he a her job and supports the business strategies of the City. Each department will
detemurre the feasibility of tele ommutng ama gerrwsts for tine department and fa individual
positions.
Employee partiopatlon is voluntary. An employee may submit a written request for a
telecommubng work arrangement to the Department Head. Each request for Weatunn g
will be reviewed on a base by -case basis. ALL tekcnmmutiim amanaements whirh are
recommended by a Dismertmenut Head, ati // not be effective until ifiney am myAnwid
and ibirmseffy subsumed in morfitniz, in adiawate, b y the City Munmear. Employees may
be required to complete a written tciecommudng agreement with a specified duration antl to
undergo review and renewal of the agreement on a regular basis. Employes approved for the
program must commue to maintain satisfactory job performance. Failure ta do so will result in
termination of the arrangement and may result in other tl6dpline up to and including
terminator. An employee whose telecommuting arrangement a agreement is terminated may
again request to partidpate in the program if performance improves to a satisfactory level.
Telecommuing is not available to all employees or departments. Some job responsibilities and
holes do not allow for telaommuting. No employee is entitled to or guaranteed the opporbJnhy
to tekmmmute and the City maintains the right ta require adequate staffing levxk at the rental
wodcsi[e to ensure the appropriate level of customer service. An emkryee may be called to the
center waksite on a schedded telecommuting day If rrercessary to meet woddoad or starting
demands.
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Telecommutng employees are a pected to be available during business hours by telephone at
the set bcatiah. The employee has the same duties, albegabons, and responsibilies to the City
on a day when telec mmuting as when worlarg I the central vrohslte. A teccommubng
employee most request side leave, personal leave, vacation, or fioabrg holidays In the sane
manner as and employee who reports to the celNal wexMim for work Telecormuhng Is Nor
a substitute for dependent rare and teleco mots shall have regular dependent ore
arrangements. Employees who telecommute are exposed to mrk from their hone, not off -site
locations such as coffee shops or lihnines. A telecommhNng employee assumes the expense of
arranging a wadspace and appropriate technological support such as phone lines and Internet
connections in the hone to puff the efident completion of tasla. The employee Is also
responsible for creating a safe work enAronment away from the central worlarte and for
reporting any jobrethad incidents, accidents, or injuries to his or her supervisor in the same
manner as required for employees wonting at the rental worsite. Employees should not
conduct in -person business meetings on behalf of the City in tlreir hares, despite telecommuting
arrangements.
The City may, in as discretion, terminate the telzrommuting arrangement for any reason. If the
employee choosers not to return to the previous work anarge rent, his or her enployment with
the City will be terminated immedla[tly.
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VII. Overtime Ik Compensatory Time
Overtime. Overtime hours are those hours worked which exceed a 40 hour work
week, or in the case of Fire Department shift employees, overtime will be paid for
"actual hours" worked in excess of 91 during the 12-day FLSA work period.
On -Lail anti Callbadr. On -call time is not considered time worked and is not
compensable at the employee's regular hourly rate of pay. On -call time is the time
outside of regularly scheduled working hours when an employee is designated to be
available for callback. The employee is free to pursue personal activities but must
respond to summons (paging, telephone, or radio) within the designated guidelines
determined by the Department 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 /rail out pay will begin with the eighth minute and will be calculated in 15
minute intervals.
Callback time is defined as the time the City requires an "on -call" 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
assigned to callback time will be considered as hours worked if during that time the
employee is required to:
Realm 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 to work, compensation will he
given to the employee as follows:
When an on -rail 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
call.
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 rate of pay.
Overtime rates apply if the hours worked qualify as actual hours work for
overtime calculation purposes.
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Exempt employees are not eligible for callback pay. However, may receive
compensation or time off for extensive hours worked during an emergency
situation, as defined by the City Manager.
Remote Call -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 de minimus 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 calls 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 the eighth minute and will be calculated in 15 minute intervals.
Exempt Employees. Certain employees, due 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 to
ensure accurate FLSA Exempt or Non - Exempt dassi0cations and may be re- evaluated
as necessary to ensure the position is classified appropriately. Exempt employees are
expected to work a minimum of 40 -hours per work week as a full -time employee and a
minimum of 30 -hours per week as a a/. time employee. Full and partial day deductions
for exempt personnel shall be consistent with the FLSA requirements.
Non - exempt Employees. Employees in all other position classifications may receive
overtime pay or be offered compensatory time at the rate of time and one -half in lieu of
overtime pay. Time and one -half is used in calculating overtime and compensatory
tlme in situations where the actual hours worked exceed standard work week hours.
Holidays are considered actual hours worked for the purpose of calculat ng overtime.
Vacation, compensatory time, floating holiday, sick leave, etc. are not considered actual
hours worked for the purpose of calculating overtime.
Emergency par. This policy applies to all nonexempt and exempt employees, and Is
intended to outline the compensadon 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. 0y
providing for the payment of overtime for exempt personnel during a declared
emergency, the City in no way has waived or altered the FLSA "exempt" status of those
employees.
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When City offices are declared closed by the City Manager, employees who are
determined not to be "Essential Personnel" will be paid as Authorized Leave for the
hours and /or day(s).
Wmk Week Emkrmrees in all City departments, with the exception of cenmN shi positions in
the Fire Deparmrent will observe a forty -hour workweek. The work period begins 12:01 AM
Sunday (6:30 AM for shft Fire personnel) and consists of seven consecutive 24hour Perini
Employees worlang a standard forty -hour workweek sclmedule wit consist of Me eight-hour
shifts. Departments may, with the written approval of the City Manager, utilize a workweek
schedule consisting of four ten-hour shilb, or twelve-hour shifts, provided the service level m the
community, can be adequately maintained.
Employees working a 9/80 schedule Wil have a work cycle defined as beginning miC4ay on
Friday or Monday depending upon the employee's schedule. .
Fire Department personnel have a workweek consisting of an average of 56 hours per week,
based on 48 -1hour shift; with 96 hours off between shifts. Days Off and shifts may change to
meet the business needs of the organization. For Shift Fire personnel, the work cycle begins at
6:30 a.m.
Accrual. Non - exempt 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).
Assignment and Authorization for Overtime. Non -exempt 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 perform any work outside of their normal workweek schedule,
unless expressly authorized to do so 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 mono
time rather than overtime pay and will require employees to flex their work week so that
overtime or comp 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 Citys e-mail system through a personal device,
the City does not give such employee permission to work outside of a normal workweek
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schedule and any overtime work involving such equipment also must be approved in
advance.
Waiver~ibiMd. The requirement that overtime must be paid after 40 hours a week
or 91 hours during the 12 -day work period for shift Ore personnel, may not be waived
by agreement between you and the City.
Overtime and Absenteeism. If, during a regular work -week, an employee works in
excess of 40 hours, or 91 hours during the 12 -day work period 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 workweekor 91 hours during the 12-day
work period for shift Ore personnel. Holidays are considered time worked for the purpose
of calculating overtime.
Administrative 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 Work Time. Each deparbneM 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
emergencies. The depai 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.
Employee Responsibility. It is the employee's responsibility to comply with
department work schedules and to avoid work that is unscheduled or unauthorized.
Employees shall not stay at or on city facilities, worksites, etc. for personal purposes
(using city facilities and equipment for personal purposes) beyond their scheduled work
day unless it has been approved in writing in advance by the Department Head.
Obviously a city sponsored function outside of normal business hours is acceptable and
generally does not require approval.
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VIII. Recording Time
Recording rime. 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 bmesheet 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 (Le vacation, sick leave,
compensatory time, etc.). Hours must be recorded in increments of .25, (i.e. .25, .50,
or J5).
Exempt position employees work at the discretion of the 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 not intended to be hour for hour and no entitlement is intended to
be created by this policy.
Shift Fimflghters Under the 207K exemption of the FLSA, City of West University
Place certified Fire Department shift personnel will work an average of 2,912 hours per
year, which averages 56 hours per weak. Fire shift personnel are regularly scheduled
to work between48 — 72 hours per week and operate on a 12 -day FLSA work period.
Fire shift personnel will be paid an additional on -half times the regular rate for each
hour worked in excess of91, their regularly scheduled shift hours in any given work
period pursuant to 29 U.S.C. § 207(k).
Falsification of time records violates the Texas Penal Code and City policy and shall be
grounds for disciplinary action up to and including termination.
Rest 8 Meal Periods. The Fair Labor Standards Ad 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 of one -hour length and shall normally be taken between 11:00
An and 2:00 PM for Nose employees working a standard eight -hour shift. Any meal
period of less than 30 minutes will be recorded as tours 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
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minute rest period or break. Rest periods and lunch breaks are to be taken as assigned
and cannot be stoned or banked. Schedules for Police and Rre Department personnel,
shall be established by the respective Chief.
Holiday and Overtime. 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. Holidays that fall on an employee's regular day off
shall be paid as they occur. Holiday hours shall not he "banked" for future use.
Pay Period and Payroll.. Payroll is prepared on a biweekly basis and will be direct -
deposited into your checking or savings account every other Friday. Each employee
shall check each biweekly paycheck or deposit confirmation for accuracy. Jf an
employee believes that 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
dassified as exempt under the Fair tabor Standards Act (FLSA) 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 such 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.
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Personnel Policies and Employee Handbook
M. Attendance & Leaves
Attendance. 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
physically able and willing to perform the essential functions of their jobs. The City, of
course, will provide reasonable accommodations in disabled employees as set out in
Section II above. Employees are required to be at their places of work or performing
their assigned duties 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.
The 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.
Emergency Canditianal The citizens of West Univeslty Place depend on City erpbrees
before, dump and after an emergency or disaster to provide or re3ore esercal public services
for the health, safety and quality of life for our community. In th event of a vide scale
emergency that could impact our community, all employees must be ready to assist in
manav'na the crisis and will be considered essential ve mnnel for the continuity of
ocarenromental operations until their are specifically relieved by the Department
Head or his or her designee.
Once a State of Emergency is declared, employees who are absent, employers who leave ezrty
and employees who do not report to work after the City Manage determines it s safe to realm
to work will be required W compete and submit to Human Resourmt, Essential Personnel
Absence documentation. The Emergency Operations Manual and Departmetal Operating
Procedures spell out specific details for employees to follow during an emergency siWatiwn.
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Employees who are absent without the appropriate authorization are subject to the appmpiate
disciplinary action, up to and including 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 observed, although certain employees may be required to report for duty:
New years' Day;
Good Friday;
Memorial Day;
Independence Day;
Labor Day;
Thanksgiving Day;
Day following 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 carryover or payment if not used.
9 -11; The 0y has designated the floating holiday as the September I to Memorial
holiday for firefighters only and if the firefighter chooses to use the floating holiday
for that purpose on this day and its use does not unduly disrupt the deparbnents
operation. Fir all other employees, the floating holiday is unchanged
While fire lighters have the same number ofhoiidays as all oter City employees, in
accordance with H.B. 1113, the Texas legislature has amended .Section 141 0013
(c) of the Local Govemment Code mandat ig that one of the City's holidays be
designated as September IIM Memorial Holiday for all fire fighters.
Ail City employees have the same number of holidays on the same days, however,
this amendment mandates that the City refers to one of those holidays by a
different name fora particular category of employees.
Paid holidays are intended as a benefit for full -time and a/a 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.
Holidays Failing 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 Him personnel shall follow the Fire Department Standard
Operating Guideline (SIX,).
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Holidays Failing on a Regular Day Of. Holidays that fall on an employee's regular
day off shall be paid as trey occur. Holiday hours shall not be "banked " for future use.
Additional Christmas Holiday. When Christmas 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
Thursday, in atltlftion to the legal holiday observance, the following workday shall also
be observed as a holiday. Shift Fire personnel shall follow the Fire Department SOG.
Personal 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 Y<
time employees at the beginning of each quarter (January, April, July & October).
Leave i5 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 shall not be taken beyond the last pay period of given the calendar
year. If the last day(s) and /or weeks of the given calendar year are paid the following
year, an employee taking personal leave during the time referenced above will use the
personal leave time from the new year.
Personal leave accruals will cease W accrue when an employee is not working and on
extended, authorized and unpaid leave of any kind.
Vacation Leave. Vacation leave credits for all full ome employees shall accrue as follows:
♦ Four (4) years of service or less - 6.667 hours per month (80 hours per year);
• At the start of the fifth (5) year of service, but fewer than 12 years of service -
10 hours per month (
♦ At the start of the twelfth (12) year of service - 13.333 hours per month
♦ At the start of the twentieth (20) year of service - 16.6667 hours per month
Employees classified as shift Fire Department personnel shall accrue as follows:
• Four (4) years of service or less - 10 hours per month ( ;
• At the start of the fifth (5) year of service, but fewer than 12 years of service -
15 hours per month
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At the start of the twelfth (12) year of service — 20 hours per month
At the start of the twentieth (20) year of service — 25 hours per month
Employees classified as a/a time employees shall accrue as follows:
t Four (4) years of service or less — 3.75 hours per month;
♦ At the start of the fifth (5) year of service, but fewer than 12 years of service —
6.25 hours per month
At the start of the twelfth (12) year of service — 7.50 hours per month
At the start of the twentieth (20) year of service — 9.375 hours per month
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
prowsignal employee is separated prior to regular employee status, no vacation accrual
shall be credited. If the provisional period is extended beyond six months, 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 poor to regular employee status, r i
vaation aocrual shall be credited and shall not be paid at separation.
Vacation accruals are Intended as a benefit for full -time and 3/4 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.
ALLerMaoae and Leave Approval. An employee's 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 tu give his /her supervisor notice of the leave
requested as won as practicable before the beginning of the leave (generally at least 10
business days in advance), and in accordance with departmental procedures. If an
employee Is requested to work during a scheduled vacation, the employee can schedule
vacation at another time. An employee may rot 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 Employee's 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 yarned forward. An employee
may accumulate credits up to the maximum amounts as follows:
♦ Fewer than four years of service
All full time employees -- 160 hours
Shift Fire Department personnel — 240 hours
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Personnel Policies and Employee Handbook
tlme employees -120 hours
• More than four years of service, but fewer than 12 years of service
All full -tlme employes- 240 hours
Shift Fire Department personnel -360 hours
tlme employees -180 hours
• More than 12 years of service
All full time employees - 320 hours
Shift Fire Department personnel -480 hours
Y4 time employees - 240 hours -
• More than 20 years of service
All full time employees - 400 hours -
Shift Fire Department personnel- 600 hours -
a/4 time employees - 225 hours -
If an employee reaches the maximum amount of vacation credit, no additional time will
be credited until the vacation time is used.
Vacation accruals are intended as a benefit for full -time and 3/ 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
W the last data which the employee actually worked.
Sick Leaves Sick leave with pay shall be granted when an employee has a physical
Incapacity 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, stepchildren, a child to whom
the employee has served "in loco parentis' or foster chiid(ren) or for a family member
when the employee is on approved Family Medical Leave with, for example, a parent.
Sick leave time begins the first working day of the illness. Leave will be without pay if
no sick leave, vacation, compensatory or personal -time is available.
The City depends on ds 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 11 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 supervisor 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
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presuibed by the department. Unless otherwise approved in writing, texts, e-mail and /or
voimmail messages left with supervisors or non - supervisory personnel will not be
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 that sick leave has been abused may
request such certification when an employee has been absent for less than three days.
Abuse of Sick Leave. The frequent claiming of sick leave benefits may under
certain circumstances constitute grounds to 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 to and including termination.
Sick leave shall be accrued for all provisional and regular employees at the rate of 120
hours per year. All employees not classified as shift Fire Department personnel shall
accrue sick leave at a rate of 10 hours for each month of service, with no limit to
accumulation. For shift Fire Department personnel, the accrual rate shall be 15 hours
for each month of service. % time employees shall accrue 2.5 hours for each month of
service.
Sick leave accruals are intended as a benefit for full -time and Yr time employees. An
employee will not be eligible to accrue sick leave benefits 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.
Upon separation from the City, an employee will be paid for up to 90 days of accrued sick
leave credit if the employee retires through TMRS. In the event of the death of an
employee whom is vested in TPIRS, the City will pay up to 95 days of accrued sick leave
and other eligible accrued leave to the employee's TIARS pension designated beneficiary.
Sick Leave Incentive Program. The sick leave incentive program is designed to
reward employees for good attendance by annually converting a portion of their unused
sick leave into vacation, if the employee elects to convert sick leave to vacation.
All full -time employees who have completed 12 months of service with the city and are
in "good standing" (have Prot received a reprimand or disciplinary 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 of sick
leave used from January 1 through December 31. The effective date of the conversion
shall be the 1" pay period in February.
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Sick leave shall be converted to vacation based on the following chart.
Sick Days Used from 01101 to 12131
Eligible Sick Days for
Conversion to Vacation
0 da s taken
3 days
Up to Ph da s
I a s
More than 1 1h days and up to 3 da
1 day
More than 3 days
0 day
NOTE: For all employees the conversion shall be provided at the rate of 8 hours
(12 hours for Shift Fire personnel). Donating hours to the sick leave bank shall
not count against an employee's sick leave hours in connection with being
eligible to covert sick leave hours to vacation hours. Conversion hours must be
taken by January 30 of the following year or the time will be converted back to
the sick leave accrual bank from which it came. Conversion hours which are
currently accrued shall be taken within 12 months from the effective data of this
Policy.
Sick Leave Bank. Employees may voluntarily participate In the sick leave bank. The
sick leave bank provides an added source of sick leave for those employees who have
suffered their own catastrphk D /mss or injury and have exhausted all accrued sick and
annual leave balances as a result of their own catastrophic i //mess w catastrophic injury.
Employees are responsible for contacting Human Resources and requesting, in writing,
activation of the sick leave bank for their own catashophic i/ /nets or catastrophic Injury.
In order for an employee to request activation of the sick leave bank the employee must
be eligible to receive voluntarily donated hours tram 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 boors)
Immediately prior to the leave.
Further, the employee's sick leave bank activation request 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 must also have exhausted his/her own accrual banks as a result of the
catastrophic // /mess or catastrophic injury and he /she must have used least 160 hours
(240 hours Shift Flre personnel) from their own accrual bank(s) immediately preceding
the request in order to be eligible to request activation of the sick leave bank.
A catastrophic illness is defined as a severe illness requiring prolonged (long -tens)
hospitalization or recovery; usually involves high costs for hospitals and doctors and
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medicine (examples Include: soma, cancer, leukemia, heart attack, stroke, spinal cord or
brain illness). A cattsmipnk injury means the consequences of an injury that
permanently prevent an Individual from performing any gainful work; 42 USCS section
3796(6).
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 donate in a 12 -month period is 16 hours. Other voluntarily
donated hours may be unlimited. Employees may use sick leave assigned from 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 to receive hours through the sick leave bank.
An employee shall not be eligible to accrue any leave while utilizing sick leave bank
hours.
Sick leave bank activation requests shall not be retroactive.
Job Reyafed Injuries. If you sustain a job related injury, the injury is to be
reported immediately to your supervisor or department director. A Rrst 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 job
Pali injuries
Under Texas Workers' Compensation provisions, there is a seven -day 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 consecutive days, the Cii Insurance carrier will pay
you for the initial waiting period.
If you are absent for a period of more than 15 days and the CiNs 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 wading period. 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 remstate any used sick,
vacation, personal, or compensatory leave used during the Initial waiting period upon
returning to work.
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If you are absent due he an on the job injury or illness, you will continue to accrue sick
and vacation leave benefits for the first three months of the injury. Accruals will cease
after three months until you return to work.
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 aamals 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.
Reform to Work. Employees who have been absent from work because of any
extended leave due to their own on- the -job or off -the -job injury or illness shall be
required to complete fit for Duty Testing prior to returning to work. This testing shall
vary by department and position based on the essential functions of the position. The
testing will be job - 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 to work follmatmg 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.
FPnera//Einergency 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 loco parentis" to a child. Up to three days
of paid leave may be granted upon the death of the following family members i.e., sib-
lings, in -laws, grzndparents 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 supervisors approval. Additionally,
employees may use their own accrued leave for funeral leave for other individuals trot
specifically mentioned in this policy, provided the supervisor has approved the leave.
Dependent Care Leave. Employees completing twelve (12) months or one year of
service may be granted up to ten (10) days of paid leave for Dependent Care Leave to
attend to personal situations involved with the following:
• Birth of a child.
• Adoption of a child.
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• Serious health condition of a dependent, as defined by the Family and Medical
Leave Act, requiring extended care. See Family & Medical Leave Section for
definition.
• Because of any qualifying exigency arising out of the fact that the spouse, or a
son, daughter or parent of the employee is on active duty (or has been notified
of an impending call or order to active duty) in the Armed Forces 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 M 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 nature 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 to 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 tlme 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 M report back to work upon being released from service. If more
than 50% of Me employee's shift remains at the time the employee is released from
service, the employee is expected to 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 next 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.
Coud,lppearanccs. Employees who are subpoenaed M 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 time off to appear in court in a matter personal to the Individual
(divorce, liability suit, etc.) either as a defendant or plaintiff, or witness, shall be
required to use accrued leave in accordance with the appropriate policy.
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Voting. On lye 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 to vote during the employee's work hours.
Military Leave. This policy applies to employees who are members of the United
States uniform services or the Texas National guard who undertake military leave, ether
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 U.S.C. § 4301 et 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 to 15 workdays, per fiscal year, in accordance with Section 471 of
the Texas Govemment Code, 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 to the difference between the
employee's military wage or salary and the employee's Cdy 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 City 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 In 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. §
4317.
If the employee qualities for reinstatement under 38 U.S.C. § 4312 (a), upon the end of
the leave, the employee shall, upon request, be reinstated to the same position or a
similar position with the same seniority, status, and pay to the position held prior to
taking the military leave unless:
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(1)the City's circumstances have changed as to make such reemployment
Impossible or unreasonable; or
(2) in the case of a person entitled to reemployment under subsection (a)(3),
(a)(4), or (b)(2)(13) of section 4313 [38 USES § 4313], 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 continue indefinitely or for a significant
period.
Holiday pay shall be granted (paid) 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, N 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- employed by the City after
taking military leave shall not be discharged from such employment, except for cause,
(1) within 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)wthin 180 days after the date of such reemployment, if the person's penod
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.
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Job Abandonment An employee voluntarily and irrevocably resigns City employment if
the employee:
Fails m return from an approved leave of absence on the date specified or the date
agreed upon by the City and employee without prior notice or sufficient muse,
including failure to return after an approved and extended medical leave period.
Falls to report to work without notico to the City for three (3) consecutive workdays
or shifts without suffiident cause.
Employees who abandon their jobs will not be eligible for rehire.
Family & Medical Leave A. All eligible City of West University Place employees are
entitled to the protection offered by the Family and Medical Leave Act of 1993 (the
FMLA-), 29 U.S.C. 2601, as amended et seq. 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 embed 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 end of the 12 -month period beginning on the 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 to perform the
functions of the employee's position.
5. Because of any qualifying exigency arising out of the fact that the spouse,
or a son, daughter or parent of the employee is on active duty (or has
been notified of an impending call or order to active duty) in the Armed
Forces in support on a contingency operation.
If the leave is foreseeable, an employee must give the City a 30-day notice of the
intention to take FMLA leave. Otherwise, notice should be giving as soon as possible.
City of West University Place reserves the right to retroactively designate leave as FMLA
if the leave qualifies under the FMLA regulations.
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An eligible employee's FMAA leave entitlement Is limited to a total of 12 workweeks of
leave during a 12 -month period. The City observes a "rolling" year. FMLA shall be
taken concurrently with sick leave, vacation and /or other paid leave accruals.
The Return to Work policy contained in Section IX of this Handbook is also applicable to
an employee returning following leave under FMIA.
An employee shall not be subject to discrimination or retaliation for having exercised
their FMLA 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
FMLA leave be used as a negative factor in employment actions, including but not
limited to hiring, promotion, transfers, training, disciplinary actions, or other terms and
conditions of employment. However, any employee who fails to provide information
and /or does not cooperate with staff by providing the required FMLA paperwork in the
time -frame prescribed on the approved Department of Labor form, may not be
approved for FMLA leave, and unexcused absence may subject an employee to
discipline. The time during which an employee is on FMIA leave shall not be counted
for purposes of any department's attendance policies.
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X. Disciplinary Actions
It is the intent of the City of West University Place to compensate its employees fairty; to
make all reasonable provisions for their safety and health; to provide adequate Instruction,
direction and equipment and W treat all employees with dignity and respect. All
employees are expected to work diligently and conscientiously for the benefit of the City as
directed by their supervisors and maintain a high level of conduct on and of 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 to correct the problem or
develops other problems, more severe disciplinary action shall be taken. Using progressive
discipline in such a manner maximizes an employee's opportunity to correct problems.
By providing for the possible use of progressive discipline, however, the City in no way has
waived or altered the "At -Will" nature of employment with the City, nor does it preclude or
inhibit the City from exercising its right to impose severe discipline, including immediate
termination of an employee, whenever such anon is deemed appropriate without the prior
use of progressive discipline. While in most cases the disciplinary action taken will depend
upon the degree of severity, of the offense(s), the record of the offender, and the
seriousness of the consequences of the offense(s), there are certain offenses, who will
result in severe disciplinary anon regardless of the disciplinary record of the offender.
The purpose of standard disciplinary procedures is to make it easier to he consistent by
applying similar penalties for similar offenses. However, Department Heads and immediate
supervisors have the discretion to take all relevant drwmstances into account when taking
disciplinary anon.
Bags for Oisdplim.. The specific descriptions following each general heading are
examples of that type of conduct and are not intended to be all - inclusive. Offenses
constituting grounds for disciplinary anon, up to and including termination, Include, but
shall not be limited to the following:
1. Unsatisfactory Attendance
a. Unauthorized absences
It. Abuse of leave
a Tardiness
2. Unsatisfactory Performance
a. InabOtty, or unwillingness to sahsfacrorlly perform assigned work.
b. Failing to perform duties at an acceptable keel.
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3. Indifference Toward Work
a. Inefficiency, negligence, loafing, wrelasrress, leaving we* 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 otherwise being inattentive
during work hours, interfering with the work of others, mistreatment of
the public or other employees.
b. Negligently causing damage to City property.
a Failure to meet or maintain specified conditions of employment, such as
failure to obtain or maintain a license or certificate required as a condition
for perfanning a job.
d. Misusing or failing to use delegated authority in performance of dudes.
6. Dereliction of Duty
a. Failure to obserre and follow the policies of the city and /or employee's
department procedures, rules or orders.
b. Failure of an employee to take appropriate action when a violation of
policies, odes or regulations comes to his/her attention, regardless of the
violator's assignment or position in Me City.
c. Failure to promptly report or deliver to a Supervisor any property found
by, confiscated by, or relinquished to an employee of the City without
undue delay.
d. Damage, negligent use of or abuse to City vehicles, equipment and/or
property. Failure to promptly report vehicle and equipment damage
whether caused by the employee or not and/or the failure to report
accidents whereby the operator is involved in an accident or strikes an
object (for example curbs, boulders or other objects) regardless of
whether or not any noticeable damage results.
5. Insubordination
Willful failure or refusal by an employee to perform assigned work or to fully
comply with lawful instructions or orders from a supervisor or other
appropriate manager. Subordination may also include the use of abrasive
language and displaying hostility in response 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 is improper, the
employee should obey the order or instruction and question the order
later in a responsible manner.
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b. If an employee believes an instruction or order, lt followed, would result
in personal Injury or damage to City equipment, he or she should notify
the supervisor who issued the order, or If necessary, another supervisor.
c. If an employee believes an instruction or order is illegal, he or she should
Immediately notify a supervisor above the supervisor gMng the
instruction or order.
e. 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 participate in required post accident drug and/or
alcohol testing; failure to report an on- the-job injury, vehide accident, or
unsafe condition on the day of the occurrence; smoking in prohibited
areas.
b. Unsafe driving practices, which result in more than two at- fault - accidents
by an employee in a given calendar year.
7. Dishonesty/Fraud
Fraud generally involves a willful or deliberate ad, with the intention of
obtaining unauthorized benefits such as money or property, by deception or
other unethical means. Dishonest cr fraudulent activities Induce, but are not
limited to:
a. Misuse or misappropriation of City property, funds, securities, supplies,
Furniture, fixtures, equipment or any other asset or unauthorized charges
against the City's acmurrcs including credit card aocouMS.
b. Forgery or falsifying or altering City documents (i.e. checks, time sheets,
contactor agreements, purchase orders, e[c.).
c. Authorizing 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 alkrved under City policy.
g. Theft, destruction or removal of any asset or inappropriate use of
records.
In. Embezzlement.
i. Seeding or accepting anything of material value from vendors,
consultants, or contactors doing business with the city in violation of the
City's policy. Exception: gifts less in value than the ate established by
the State of Texas.
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j. Any computer related activity involving the alteration, destruction,
forgery, sale or manipulation or misappropriation /misuse of data for
fraudulent purposes.
k. Any misrepresentation or falsification that is relied upon by, or
detrimental to the City; cheating; lying to any City official or member of
City Management, 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 to collect workers compensation. Misuse of paid leave of
absence.
m. Any violation of federal, state or local laws related to dishonest activities
or fraud.
8. Disturbance
a. Participation by an employee in a disturbance occurring on City property
or while on duty; fighting on City property; possession of dangerous
weapons, firearms, explosives on City property without permission.
It. Entering City property for unauthorized reasons.
c. Use of abusive, profane, or threatening language; horseplay; deliberately
causing injury to fellow employees.
d. Harassment of other City employees or citizens; discourtesy to citizens;
creating dissension or discord between employees, or between
employees and citizens.
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 or improper use of property or equipment;
b. Abuse, misuse, deliberate destruction, abandonment, or damaging of
property, tools, facilities, or equipment belonging to other employees,
citizens or the City.
10. Sabotage
a. Deliberate damage or destruction of City equipment or property;
advocacy of, or participation In unlawful trespass or seizure of City
property; encouraging, communicating or engaging in showdowns, sit -ins,
strikes or any other activity in an effort to limit or restrict Clry employees
from working.
11. Misconduct
a. The violation of any federal or state law, rule, regulation or city ordinance
while on duty, or the violation of any federal or state law, rule, regulation,
or city ordinance while off-duty, including a criminal act, that may have
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an adverse impact upon the City or on the public confidence in the
integrity of City govemment, or on the relationship of the employee and
other employees or acts which reflect poorly upon the City's image.
b. Theft of, aiding, or encouraging the theft of cash, City property, or
equipment.
a Operating or conducting illegal activity on the job or on CXy property.
it Any criminal offense shall be cause for disciplinary action up to and
including tznninabon.
12. Disqualification from operating city vehicles and/or equipment.
Types of DiscipAwry Actions, All or a combination of the following disciplinary
measures may be taken by supervisors. Supervisors will evaluate each situation and take
the appropriate level of discipline. The nature of the infraction may warrant skipping steps
in the process.
Counseling:
The supervisor should document and verbally advise the employee of their
unsatisfactory performance or conduct and recommend areas for
improvement.
Reprimand:
Reprimands are written memos to employees given for unsatisfactory
performance, for policy, procedural, or conduct violations or in Instances
where counseling has already been given and the violation has occurred
again or where unsatisfactory performance has continued.
When a written reprimand is given, it is to be administered in a timely
manner. The employee concerned Is to be informed directly of the conduct,
the role it violates, the action being taken, the terms and conditi0ns of that
action, the consequences of that action, and consequences of future
violations.
Supervisors shall provide the employee with a copy of the reprimand.
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 lack or
performance, or in situations that are serous enough to warrant this level of
discipline without prior discipline.
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Suspension of exempt employees must be in compliance with FISA
regulations.
Termination:
Termination may be the culminated of a progressive discipline or
Performance improvement process. Altematvely, it may occur as the first
disciplinary measure undertaken if the situation warrants it.
Oiscipiinnry Groress. Any Department Head who proposes m suspend an employee
without pay, demote an employee, or terminate an employee, is required before making a
final derision to give the employee notice of the proposed disciplinary action and an
opportunity be respond. The employee must appear at the time indicated to give a verbal
response to the proposed disciplinary action but he or she also may submit a written
responsa. If the Department Head receives information from the employee that may affect
the disciplinary action, the Department Head should consider the proposed discipline in
light of such new information, conduct any investigation that is warranted, and then make
a decision based on all of the information fo impose the disciplinary action as originally
planned, modify such discipline, or forgo any discipline.
Department Heads must follow procedures outlined by Human Resources in connection
with any planned or actual disciplinary actions.
An employee who has passed his/ her provisional period may appeal a suspension,
involuntary demotion, or termination that results in a loss or reduction of employee
compensation to the City Manager by submitting a request to Human Resources on or
before 4:00 p.m. on the fifth business day following the data the employee receives the
Disciplinary Action. Employees do not have Jh right to appeal counseling reprimands,
lateral transfers, reorganizations, elimination of a position from the budget, etc. This
section does not apply to provisional employees.
Human Resources will schedule a date to hear the appeal and give notice to the interested
parties. Every effort will be made to schedule the appeal on the appealing employee's
work time, but due to the various work schedules, this may not always be possible. In the
event the Appeal Hearing is scheduled on the appealing employees day off, trey will not
be paid for the time spent in such hearing.
Department Heads and appealing employees must follow procedures and timelines outlined
by Human Resources for the Disciplinary Action Appeals process.
Employees may designate a person to represent them in the appeal or they may represent
themselves. Any representative must be designated at the time the employee submits his
or her request for an appeal by providing the full name, telephone number and address for
such representative. If an employee fails to designate a representative at that time he or
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she submits an appeal, no such representative will be allowed to attend or participate in
the appeal hearing.
The City may also choose to have legal representation at the hearing.
The Cty Manager shall render a decision within ten working days of the conclusion of the
appeal hearing. The City Managers derision is final and not subject to further appeals.
Notification to Council. The City Manager shall notify the City Council of all
disciplinary matters acted on by the City Manager where the decision includes a
demotion, a suspension for mare than five days or dismissal.
What is not discipline. Layoffs, reductions in force, expiration of temporary
appointments, separations allowed by other sections of this handbook, pay reductions or
other measures resulting from economy campaigns, reorganizations, denial or tennination
of a telecommuting arrangement or other similar policies are not considered discipline and
cannot be appealed under the City's policies and procedures.
Appiycaeirldy: This section is not applicable to persons holding the following positions:
City 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 to 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; provisional employees who serve 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.
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XI. 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.
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