HomeMy WebLinkAboutORD 3003 Adopting Personnel Policies and Employee Handbook1 | P a g e
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 meant 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 a 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 handbook 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 right to change, modify, suspend, interpret or cancel any of its benefits,
policies or 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 the provisions of this handbook, except with respect to those employees
appointed directly by the City Council, unless further delegated to do so by the City Council.
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 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 express authority to the City Manager
for the following:
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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 efficient 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
change 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 contained 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 extent protections provided by state and federal law ever exceed those
provided in this Handbook for any reason it is the City’s Policy to comply with such law as if it were
fully incorporated into the City’s Handbook.
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
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Handbook.
It is your responsibility as an employee to read, understand and comply with all policies,
procedures, guidelines and practices of both the City and individual departments.
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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 3003 and became
effective on January 1, 2021.
MISSION:
The City of West University Place strives to provide superior municipal services and to protect the
community and property values while serving as responsible fiscal stewards and focusing on
serving our neighbors.
As “Good Will Ambassadors” for our City, employees consistently demonstrate the City’s guiding
values of S.P.I.R.I.T.:
Superior Service:
Listen to customers and strive to understand their issues;
Be friendly, courteous, and polite;
Take ownership of your services and decisions;
Solve problems;
Strive to exceed customer expectations.
Professionalism:
Present a professional image;
Demonstrate competence in your job;
Pay attention to details;
Provide analytical, factual, and accurate reports;
Develop and maintain knowledge and skillsets.
Integrity:
Deliver on your promises and commitments;
Be honest and forthcoming;
Have a positive, can-do attitude;
Take responsibility and ownership of the tasks and your decisions;
Communicate with a consistent, complete message.
Results:
Take pride in your work product;
Take the initiative;
Be a proactive problem solver;
Complete the task on time and within budget;
Do the job right the first time;
Follow through to complete the task;
Be self-motivated.
Innovation:
Look for ways to continuously improve services, processes, and operations;
Learn from setbacks and failures;
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Know current “Best Practices”;
Make suggestions for improvement;
Be open to new ideas and look for them.
Teamwork:
Work as a team;
Communicate in an open, direct and timely manner;
Keep others informed;
Recognize the contributions of other team members;
Represent the City in a positive manner;
Respect other team members.
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II. Recruitment & Employment
Equal Employment Opportunity. The City of West University Place is an equal opportunity
employer. The City does not discriminate against qualified applicants or its employees in its
employment policies, practices or access to its services. Title VII of the Civil Rights Act of 1964, as
amended, and other federal civil rights laws, prohibit discrimination against or preference for any
person in recruitment hiring, discharge, pay, fringe benefits, membership, training, examination,
appointment, promotion, retention, discipline or any other aspect of employment because of race,
color, sex, age, religion, national origin, marital status, disability or on the basis of genetic
information. The City will not allow illegal discrimination in the workplace and conduct found to
violate the City’s policies relating to discrimination and harassment may lead to discipline, up to
and including termination. With respect to Criminal History Records, in determining the eligibility
or the disqualification of a candidate from employment based on their criminal history background,
the City of West University Place will consider the nature of the job, the nature and seriousness of
the offense, and the length of time since it occurred. Culpability of any offenses, as shown by
conviction, including a plea of no contest or deferred adjudication, may constitute grounds for
disqualification of employment and/or volunteer opportunities with the City of West University
Place. The City will exercise careful and sound business judgment when making a determination
of eligibility or disqualification, which will be job related and consistent with business necessity on
a case-by-case basis.
Sexual Harassment and Discrimination. It is the right of all employees to perform their jobs
in an environment free from all forms of harassment, including innuendo, physical contact, verbal
suggestiveness or derogatory ethnic/racial/sexual remarks. While supervisors are responsible for
creating and maintaining an atmosphere free of harassment, employees are responsible for
respecting the rights of co-workers. The 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 Act of 1963 prohibits sex discrimination in payment of wages to women
and men performing substantially equal work in the same establishment; recognizing that not all
employees perform at the same level, employee salaries may be different based on factors other
than sex, including individual performance evaluations.
The Equal Opportunity Commission defines unlawful Sexual Harassment as unwelcome, sexual
advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of
an individual’s employment, including hiring, promotion, pay, fringe benefits, job training,
classification, referral and other aspects of employment; and
2. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual, or
3. The conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile, or offensive working environment.
It is the City’s policy to prohibit sexual harassment and discrimination in the workplace and this
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policy covers vendors, customers and/or others who enter our workplace as well as all employees.
Harassment and Anti-Violence 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. This policy covers vendors, customers and others who enter City facilities as well as
all employees. Employees should make any complaint that they may have under this policy
through the City’s complaint procedure. Any employee found in violation of this policy will be
subject to disciplinary action, up to and including termination.
Online 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, blogs, social
networking sites such as Facebook or LinkedIn, instant messaging, avatars, spam, redirected or
automatic linking, popups, or other Internet sources or through electronic means such as text
messages, email messages, voicemail messages, or images relayed on cell phones, computers, or
tablets when they are directed toward, or concern a City employee, City representative or when
they create a harassing or intimidating environment at work. These forms of harassment,
commonly referred 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 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 website;
or
2. post or send one or more messages on or through a commercial social networking site or
other Internet website, other than on or through an electronic mail program or message
board program.
(b) A person commits an offense if the person sends an electronic mail, instant message, text
message, or similar communication that references the name, domain address, phone number, or
other item of identifying information belonging to any person:
1. without obtaining the other person’s consent;
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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 Disabilities Act. It is the City’s policy to prohibit discrimination on the basis of
disability in employment and in connection with the admission to or access to City-provided
services. The Rehabilitation Act of 1973, as amended, and the 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
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 discuss and identify the precise limitations resulting from the disability and the
potential accommodation that the City might make to enable the employee to perform the
essential functions of his or her job. In the event that the employee seeks accommodation but is
unable to suggest an appropriate accommodation, the City may consult with outside agencies and
organizations to identify reasonable accommodation options for the specific situation.
The City will determine the feasibility of the requested accommodation considering various factors,
including, but not limited to, the nature and cost of the accommodation, the City’s overall financial
resources, and the accommodation’s impact on the operations of the City and the individual
department and/or division, including its impact on the ability of other employees to perform their
duties and on the City’s ability to conduct business.
The City will inform the employee of its decision on the specific accommodation request, any
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alternative accommodation proposed, or how to implement the approved accommodation. If the
accommodation request is denied, the employee will be advised of the right to appeal the decision
to the City Manager by submitting a written statement explaining the reasons for the request,
within five (5) business days. If the request on appeal is denied, that decision is final. If an
employee’s circumstances or needs change, he or she may restart the interactive process and
request a reasonable accommodation, even if an earlier request has been denied.
The City does not need to provide an accommodation if doing so would cause an undue hardship,
meaning the accommodation is unduly costly, extensive, substantial or disruptive or would
fundamentally alter the nature or operation of City business.
The ADA does not generally require the City to make the best possible accommodation, to
reallocate essential job functions, or to provide personal use items at the City’s cost (i.e.
eyeglasses, hearing aids, wheelchairs, etc.).
Employee’s who fail to return to work after the conclusion of an approved leave, including any
extensions of leave granted as a reasonable accommodation, shall be regarded as having
voluntarily resigned their position.
Complaint Procedures. The City is committed to a work place free of discrimination and
harassment. Any employee that is subject to, is a witness to, or becomes aware of any conduct
that might be considered discrimination or harassment of any employee must immediately report
the incident to their immediate supervisor and/or Human Resources. If a supervisor is notified of a
complaint, he or she will immediately notify Human Resources. If the supervisor is the person
engaging in the alleged conduct that is subject of a complaint, the employee should report the
conduct to Human Resources, and if a Human Resources representative is the subject of the
complaint, the employee also may report the alleged conduct to the City Manager. The following
steps will be followed concerning complaints:
1. Human Resources or its designee will conduct an investigation. 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, return any lost benefits or
opportunities to the employee, restore a proper work place environment, and discipline the
harasser. The discipline or corrective action taken, which may include discipline up to and
including termination, will reflect the seriousness of the incident.
Complaints made in 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 or 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 participate in investigations under this policy.
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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.
Weapons. With the exception of certified law enforcement officers, City employees (including
employees licensed to carry a handgun under Texas law) are prohibited from carrying any type of
firearm or prohibited weapon, including but not limited to brass knuckles, explosives, long knives,
or mace, in City-owned buildings and vehicles.
The Texas Public Information Act. While the Texas Public Information Act requires that many
of the documents and much of the information collected by the City is subject to public disclosure
upon written request, a City employee has the 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 14th 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, and e-mail
addresses, among other documents and information.
Drug Free and Alcohol Free Workplace. In complying with the Drug Free Workplace Act of
1988, as amended, the City is committed to 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 or alcohol on the
job is prohibited. Further, employees are prohibited from working under the influence of illegal
drugs, alcohol, or any other substance which could impair an employee’s ability to safely and
effectively perform the function of his/her job. The City prohibits the manufacture, distribution,
dispensation, possession, sale or use of illegal drugs, intoxicants by employees at any time on or
off duty. While on duty for or acting on behalf of the City, while wearing a City uniform and/or in
a City vehicle, or while on City premises, employees may 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 works
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.
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Tobacco Free Environment. Tobacco use of any kind or vaping, including e-cigarettes or
similar devices, in any City building, facility or vehicle is prohibited. Employees will be allowed to
smoke only in designated areas, which may not be within 15 feet of any building entrance and
shall be in accordance with the Rest & Meal Period Section of this handbook. In this policy, the
“use of tobacco products” means the inhaling, exhaling, burning or carrying of any lighted cigar,
cigarette, or other combustible tobacco product in any manner, including cigarettes and cigars; the
chewing of tobacco, the use of snuff, and the use of e-cigarettes or vaping.
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. 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 business-like 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 torn. 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.
5. Jeans. Pants made of a heavy denim or jean material. (Exception: Field Personnel and
Casual Fridays). Supervisors may make exceptions to the dress code for certain special
projects that may require to “dress down”. If worn, jeans must be clean and not faded or
torn.
6. Lip, nose, tongue, or any other piercing(s) on a visible part of the body (excluding ears).
7. Overalls and shorts (Department Directors may make exceptions for uniformed seasonal
wear).
8. Sweats and wind suits.
9. Hair worn in a manner to create a safety hazard, including facial hair.
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Exception: The Department Director may make exceptions with the City Manager’s
approval.
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 (including
electronic or computer files), computers, lockers, vehicle and any other piece of equipment or
furniture are property of the City and are issued for the use of employees only during employment.
Inspections may be conducted at any time at the discretion of the Department Director or City
Manager with or without the employee’s consent or approval and with or without prior notification;
including property that is used exclusively by the employee, but that is secured, unsecured, or
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.
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
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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 Information Technology Policies and 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; to establish prudent and acceptable practices
regarding the use of e-mail; to educate individuals using e-mail with respect to their
responsibilities associated with such use. Employees are required to comply with the Public
Information Act as it relates to their respective department and job, including but not limited to
records retention, e-mail, e-mail addresses, etc.
E-mail users that violate this policy are subject to disciplinary action up to and including
termination.
Additional information is contained in the Information Technology Policies and Procedures.
Telephone. All employees are prohibited from making non-business long distance telephone calls
via the City’s long distance provider, except in emergency situations. Calls placed though personal
calling cards, pre-paid cards and/or credit cards are not prohibited other than the general
prohibition on employees unreasonably using work time for personal business. For quality control
and/or other business-related purposes, telephone calls on City equipment may be monitored
and/or recorded at any time.
Cellular Phone. The City will own and provide cellular phones and services to qualified and
approved City officials. This includes personal productivity devices that are capable of using the
cellular telephone network or WiFi (tablet type devices). The City will maintain a single service
provider contract from authorized state, local or federal cooperative contracts that offer discounted
pricing and a wide range of service plans. Use of any other service 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 devices. 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 related costs incurred on personal
cellular phone accounts, and eliminate the need for such officials to carry and maintain separate
devices for City business. The stipend is valid as long as the required services (defined in the
procedures section) are maintained on the personal 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
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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 be subject to appropriate disciplinary action up to and
including termination.
City Owned Vehicles. City-owned vehicles may be used only for City business, except as
otherwise specifically authorized by department procedure approved by the City Manager. Most
City-owned vehicles are equipped with GPS tracking devices. Tampering with and/or disengaging
such equipment is grounds for disciplinary action up to and including termination.
Personal Vehicle Use for City Business. The City 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, he or she will subject to the same safe vehicle operating restrictions applicable to the use
of City-owned vehicles, as set out in the City’s Safety Policy and Procedures Handbook.
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 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 compliance with all federal, state and local rules and
regulations.
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Employees whose positions require the operation of a motor vehicle must, in addition to meeting
the approval requirements, exercise due 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 call, 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.
Employees 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.
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.
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 Safety Policy and Procedure Handbook.
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III. Code of Ethics
Fraud Policy. The City is committed to protecting its revenue, property, information and other
assets from any attempt, either by members of the public, contractors, vendors, volunteers, or its
own employees, to gain by fraud or deceit, financial or other benefits. It is everyone’s
responsibility to report any possible fraudulent activity or irregularity. The City will make every
reasonable effort to identify and promptly investigate all instances of known or alleged instances of
fraudulent activities or other fiscal irregularities.
When a suspected fraudulent incident or practice is observed by or made known to an employee,
the employee shall report the incident or practice to his or her supervisor. If it is inappropriate to
report the incident to the supervisor or if an employee is uncomfortable reporting the incident or
practice to the supervisor, the employee may report it to his or her Department Director 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 policy. If the
City determines that fraudulent activities have occurred, the Department Director will issue a
report to the appropriate designated personnel and, if appropriate, to the City Council. If, during
an administrative investigation of an employee, information is found or developed indicating the
employee may have committed a criminal offense, the information will immediately be referred to
the appropriate law enforcement agency for investigation.
The City will take appropriate disciplinary and/or legal actions against employees or others found
to have violated this policy, including possible termination of employment, restitution, and
disclosure of available information to the appropriate authorities for criminal 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 the City.
Additional information is contained in the Anti-Fraud Procedures.
Whistleblower. The City’s policy is to comply with the Texas Whistleblower Act, and accordingly
the City prohibits suspending, terminating, or taking other adverse personnel action against a City
employee because he or she has in good faith, reported a violation of the law by the City or one or
more of its employees to an appropriate law enforcement authority. Employees are required to
promptly report any violation of this policy to the Human Resources Department under the City’s
communications policy in Section XII.
Political Activity. An employee may not endorse a political affiliation and/or candidate for
federal, state or local public office while on-duty or permit the display of the City logo or the use of
any City equipment or property in support of such candidates. As an employee, you cannot seek
or hold an elective office in the City. 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,
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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. Soliciting campaign contributions for a political affiliation and/or candidate or for or
against a proposition.
9. Any activity supporting or opposing a political affiliation and/or candidate or proposition
expressed in a manner, time or location that may reasonably cause a member of the public
to believe such support or 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.
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 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 call-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 a 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
Officer(s) are authorized to serve as liaisons 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 must relay the request to a supervisor and that he or she does not have
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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 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 soliciting
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 publicly 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 lender’s 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.
Nepotism (Employment of Relatives). 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, stepbrother, sister, sister-in-law, stepsister, grandfather, grandmother, grandson,
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granddaughter, niece, nephew, aunt, uncle and/or former family members (sometimes
referred to as an “ex”); or
2. Non-married co-habitants, roommates and/or significant others who live in the same
household and/or who are economically dependent on one another.
If an employee becomes a family member of another employee who works in the same
department, such employee may not be promoted to any position that has any supervision or
authority over the other family member either directly or through the chain of command.
If a supervisor becomes a 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 st 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 a Department Director, the Mayor or 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 Relationships. 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 Property. City facilities, equipment, supplies and other City resources are made
available to help employees perform their job duties and not for their personal use. The City,
however, recognizes that under certain circumstances the employee’s occasional brief use of City
telephones, computers, facsimile, e-mail, copiers, Internet, and similar resources for personal use
may be necessary or beneficial to the City. The City may establish separate procedures governing
the use of specific equipment. An employee who violates this policy, with excessive use of City
equipment for personal use, may be subject to disciplinary action up to and including termination.
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
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must be approved by the City Manager or his/her designee and be in compliance with all applicable
policies and procedures. The City’s Communications Team, which acts as the City’s official
spokesperson, also has responsibility over all aspects of the City’s official web presence via social
media.
The City will maintain one official page per each approved social media 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 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. 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 the City’s
social media outlets must conduct themselves at all times as representatives of the City of West
University Place and in accordance with the City’s values. The City reserves the right to remove
any messages or postings for any reason, including those that are disrespectful, distasteful,
obscene, and/or in violation of copyright, trademark right, or other intellectual property right of
any third party.
For the purpose of this policy, social media consists of various online technology tools that enable
people to communicate via the Internet to share information and resources including text, audio,
video, images, podcasts, and other multimedia communications and may include but is not limited
to: event posting, texting, photo-sharing, wall postings, video sharing, blogging, Facebook,
microblogging, Twitter, LinkedIn, YouTube, Instagram, and similar platforms.
In online social networks, the lines between public and private, personal and professional may be
blurred. When a City employee self-identifies as a City employee, he/she is creating a perception
about the City. For 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 City’s values and professional
standards and not contain discriminatory remarks, harassment, threats of violence, or similar
inappropriate or unlawful conduct. Further, employees may not use social media at any time to
divulge confidential or private information learned through working at the City whether such
information concerns other employees, citizens, City officials, or City business.
Violations of this policy may lead to disciplinary action up to and including termination.
Recording. It is the City’s policy to comply with all applicable state and federal laws and
regulations pertaining to recording and employee monitoring, whether through audio and/or video
monitoring and recording, or otherwise. City employees do not have a reasonable expectation of
privacy regarding their use of any City-issued equipment, property or their communication while at
work. By way of example only, video and/or audio surveillance equipment has been or will be
installed in many City buildings, including the Recreation Center, Colonial Park, City Hall, Police
Department, Fire Department, Public Works and the Community Building; some City telephones
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are equipped to lawfully record calls; calls made to dispatch seeking assistance from the Police
Department or Fire Department are recorded; the City has the ability to monitor telephone
calls/usage and computer usage; and most City vehicles are equipped with 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.
Damage, negligence or abuse of City vehicles, equipment and/or property. All
employees are required to report both damage to City vehicles and/or equipment, and accidents
involving City vehicles and/or equipment. It is a violation of City policy to fail to promptly report
any damage observed on any City vehicle or equipment whether such damage was caused 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, boulder or other objects whether or not any noticeable damage results.
Employees shall always report any such incidents 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 may be subject to appropriate disciplinary action up to
and including termination.
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IV. Employment Status
At-Will Employer. Employment at the City of West University Place is at-will for an indefinite
period of time, until terminated by either the City or the employee, with or without cause. That
means either party may end the relationship with or without prior notice or cause.
No written or oral representation by City 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 supervisor and with approval of the Department Director, be extended for an
additional six (6) months. At any time during the provisional period an employee may be dismissed
without further recourse. Even after completing the provisional period, an employee’s employment
with the City remains at-will in nature.
Full-time Employment. An employee whose normal duty assignment is to work a minimum of
40 hours a week (2,080 hours annually) or an average of 56 hours a week (2,912 hours annually)
in a full-time shift Fire Service position is eligible for all City benefits.
¾-time Employment. An employee whose normal duty assignment is to work a minimum of 30
hours (1,560 hours annually) in a ¾ time position is eligible for City benefits as defined for ¾ time
employees.
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.
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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 temporary
agency are not subject to the 999-hour limitation. Temporary positions are subject to budget
restrictions, however.
Internship. The City supports internships for the purpose of providing practical application of
material taught in a classroom. Summer 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-on experience to complement their education. The goal of an internship at the City
is for the intern(s) to gain insight into local government and municipal operations and prepare for
future leadership positions. The experience is for the intern’s benefit, not the City’s advantage,
and interns will 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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V. 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 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 be assigned to the pay structure and will have a pay
grade defined by minimum and maximum dollar limits. The pay grade defines the pay
opportunities for the job.
Pay structures shall be reviewed periodically to reflect the organization’s changing competitive
position, economic conditions, and compensation objectives and shall be subject to the budgetary
guidelines established by the City.
Additionally, the City recognizes that it is important to be able to recruit 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 or actual
number of years of service in the Texas Municipal Retirement System (TMRS). Service
credit from other sources (non-TMRS city credit, county, 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 a case-by-case basis . 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 job-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/her 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
75th 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 City’s current financial status cannot support
the total cost. 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
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employee may receive a budgeted merit increase. Conversely, if the City’s 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 75th 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 the base pay of the employee. The pay described
above is nonrecurring and will not extend beyond the end of the fiscal year in which such pay is
authorized.
Occasionally it may become necessary for the City Manager to recommend and City Council to
approve implementing “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 item on a pay check and may be removed when economic conditions return to a
more normal state. The City Council must approve the continuation of any premium pay during
each year’s budget cycle.
Hiring Rate. Maintaining equity within the organization and avoiding and/or limiting salary
compression is an important component of the City’s hiring philosophy of external candidates. The
hiring rate offer should take into consideration a candidate’s relevant experience compared with
experience of similar employees in similar positions. A hiring rate above the minimum needs to be
recommended to the Human Resources Director and approved 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
clarify the responsibilities and expectations of the job;
b. To serve as the main resource to determine the salary range;
c. To serve as the basis for the annual performance appraisal;
d. To identify minimum qualifications and applied skills, as well as knowledge and ability for
the purpose of recruitment, selection, promotion and training.
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Evaluation 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. The formal evaluation tool should be seen as an aid for
supervisors and managers to converse openly with employees on their performance and identify
areas where a performance improvement plan may be necessary.
Performance-based Compensation. Salary increases may be given to reward individual
performance and are subject to budgetary guidelines established by the City. Such performance-
based compensation increases shall be tied to the annual evaluation of performance and subject to
budgetary restrictions.
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
positions who are temporarily assigned or promoted to perform the full range of duties of a higher-
classified position on a short-term basis due to the absence of an employee in a higher-classified
position or the vacancy of such position. 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.
Interim Pay. Similar to step-up pay, interim pay is provided for employees who are selected to
perform interim assignments in a higher pay grade caused by a vacancy. Interim assignments are
intended to be short-term to fill a critical need while a recruitment process is being conducted for a
replacement. Interim pay is not intended for employees filling a role for an employee out on
vacation, sick, FMLA, or other extended leave. An employee who serves an interim role may
receive 5% increase for 1 salary range or 10% for 2 or more salary ranges. An employee who is
currently a non-exempt role and fills an exempt role on an interim basis will retain their non-
exempt status for purposes of the Fair Labor Standards Act.
Certification/Educational Pay. Certain positions may be eligible to receive certification pay
and/or educational pay. Certification pay shall be determined annually during the budget in
conjunction with departmental needs and the City’s compensation philosophy. One of the
functions of the budget process is to consider the competing priorities for limited revenue sources.
Clearly, the City’s financial status will affect certification and/or educational pay available for each
budget year.
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VI. Personnel Moves
Succession Planning. The City, recognizing that changes in management are inevitable, has
established an informal succession plan to provide continuity in leadership and avoid extended
vacancies in key positions. The 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 fit for the organization’s mission, goals, values, vision and objectives and who possess
the necessary skills for the position.
The succession plan identifies executive and management positions and forecasts future vacancies
in those positions and identifies potential managers for future 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 coach his or her replacement on
departmental processes, procedures, and practices. The City Manager may at times re-classify a
position as ¾ time or part-time to permit the departing employee to provide support to the new
executive or manager or to permit the departing employee to 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 to apply for vacant
positions in which they are interested and for which they are qualified. A promotion is defined as
the assumption of job duties and responsibilities that are higher in character and scope than the
previous job. A promotion occurs when the new job is of a higher salary range than the prior job
and is accompanied by a job title change.
When a non-exempt employee is promoted to an exempt employment status, the employee shall
have his or her 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.
Promotional Increase. If an employee is promoted, the resulting salary increase shall be five
percent of his or her current salary for an increase of one pay grade, or 10% for two or more pay
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grades, 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 salary 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 Transfer. A lateral transfer is a move from one job position of equal salary range to
another with a job title change only. A lateral transfer will require a six-month provisional period
unless it is a position previously held by the employee.
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
changed significantly. Reclassifications shall be requested by the Department Director, approved
by the City Manager and paid for by the requesting department, unless the cost has been included
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 that is already above the minimum of the reclassified salary range may not be increased.
Title Changes. Periodically, a job title change may be warranted to more accurately reflect a job
and is more reflective of the market title for a position. A change in title 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 Director 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. In the event an employee finds it necessary to resign, the City requests as a
courtesy that he or she provide a minimum of two weeks written notification to the immediate
supervisor.
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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 time and longevity pay which was accumulated at the time of
termination. Departing employees may be eligible for payment of accumulated sick leave if they
are retiring in accordance with the 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 unreturned City
property from the separating employee’s final paycheck as outlined in the Payroll Deduction
Authorization. Any authorized deductions, which include for example, Federal Insurance
Contribution Act (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 provisional period (or 12-
months if the provisional 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.
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, personal time or any other accrued leave time to extend the
employee’s “last” work day. Additionally, any unused holidays shall not be paid on a final
paycheck.
Reappointment. Former City employees are eligible for rehire providing prior service with the
City was satisfactory.
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VII. Benefits & Services
The City 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 Reconciliation Act of 1985 (COBRA). The Consolidated
Omnibus Budget Reconciliation Act of 1985 (CORBA) became effective on April 7, 1986. Through
COBRA, employees and their dependents that are currently enrolled in qualified group benefits are
afforded the opportunity to extend those benefits at 102% of the premium (subject to change
from time to time) in situations by which the benefit coverage would otherwise end. The length of
COBRA varies depending on the nature of the qualifying event, but could range between 18 and 36
months.
Health and Dental Insurance. Full-time and ¾ 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 such 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 ¾ time, and is subject to change. See Plan documents for
specific information concerning coverage.
All group benefits are benefits for ¾ 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.
IMPORTANT NOTICE: 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 Health Assessment and biometrics screening on an
annual basis as required.
An employee, retiree or covered individual for whom it is unreasonably difficult or medically
inadvisable to complete the Self Health Assessment and biometrics screening, 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 Act (HIPAA) and the Genetic Information Non-discrimination Act (GINA) and is a
term of the City’s group health plan for purposes of the ADA Safe Harbor provision.
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Wellness 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. The
City may offer a variety of activities or programs in furtherance of these wellness goals, to include
both mental, physical, and financial well-being.
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 Program is a term of the City’s group health plan for purposes of the ADA Safe
Harbor provision and complies with the requirements of the ADA Safe Harbor provision and the
Health Insurance Portability and Accountability Act (HIPAA) and the Genetic Information Non-
discrimination Act (GINA).
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 can be used to reimburse the employee for medical, dental and prescription co-payments,
uncovered medical or dental charges and dependent care coverage. Employees make an annual
determination of the amount to be allocated to this account. Once the employee makes a decision
to participate, the decision cannot be revoked unless the employee has a qualifying event or
during annual enrollment. Medical and dental premiums will be deducted on a pre-tax basis.
Unused funds revert to the City.
Life/Accidental 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 ¾ 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 an elimination period of 60 days or 180
days, whichever applies. The City may subsidize a portion of the monthly premium. The
percentage of subsidy may vary between plans, between employee’s classified as full-time or ¾
time, and is subject to change. See Plan documents for specific information concerning coverage.
Retiree Health Benefits – Employees hired January 1, 2009 and thereafter .
A retiree and his or her covered dependent(s) may be eligible for continued coverage through
COBRA according to regulatory requirements. Retirees may not add dependents after retiring.
Retirees are responsible for all costs, including premiums and administrative fees, associated with
COBRA benefits. Retiree/Dependent COBRA benefits will be terminated if the City (or the City’s
Third Party Administrator) does not receive the required contributions by the date due. Retirees
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may elect to seek health insurance through the state-based insurance exchanges after their
creation by 2014 as currently mandated by the Patient Protection and Affordable Care Act (“ACA”
or “Act”).
AND –
Retiree Health Benefits – Employee’s hired prior to January 1, 2009 .
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, the employee 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, 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 dependent(s) are also eligible for continued coverage on the
City’s plan. Employees/retirees are responsible for all costs, including premiums, associated with
spouse and dependent benefits. If the retiree is eligible for this benefit under the criteria
described above, his or her spouse and dependents 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 the
City Council and selected for current employees and excludes accidental death, life, disability and
dental coverage. In the future, if changes are made to current employee medical coverage as
permitted by or in order to comply with the ACA, the City will analyze 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 date of the retirement. If a retiree elects not to participate, this decision is final and
irrevocable. Additionally, a retiree who loses retiree coverage through the City at any time or for
any reason shall not be eligible 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 ACA.
Beginning in January 2014, as contemplated under the current version of the ACA, retirees or their
spouse or dependents may choose to participate at their own cost in the state insurance
exchanges for any reason including cost savings on spouse or dependent coverage.
All benefits terminate when a retiree becomes eligible for Medicare or other federal or state health
insurance plans, not including retiree-funded participation in state insurance exchanges under the
ACA, or if the retiree becomes employed, including self-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.
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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 Health Insurance Portability and Accountability Act (HIPAA) Standards for Privacy of
Identifiable Health Information (the Privacy Rule) is effective April 14, 2004 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 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 to 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 City 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
termination.
The Privacy Officer for the City of West University Place is the Human Resources Director. Anyone
who believes that the City 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.
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 Municipal Retirement System (TMRS). The Texas Municipal Retirement System is the
primary retirement plan offered by the City. Effective the first day of employment, participation in
TMRS is mandatory if the employee’s position normally requires at least 1,000 hours of work per
year. Through payroll deduction, employees will contribute seven (7%) percent of their gross
income and the City will contribute approximately twice that amount (2:1), depending on actuarial
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 any 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,
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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 it approved by the TMRS
Medical Board. Employees are responsible for contacting TMRS to make the appropriate
arrangements.
If an employee’s employment with the City terminates and he or 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 employee must apply for a refund of his/her
contributions before the end of 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 the same time unused Personal Time is paid. Regardless of an
employee’s beginning date, annual longevity pay applies to employment for the twelve-month
period from December 1 to November 30, after completion of thirteen consecutive months.
Longevity pay is subject to TMRS and income tax withholding.
Eligible employees who separate from the City will receive the longevity pay upon separation.
Upon termination, the employee’s longevity pay will be calculated as follows: Number of whole
months since last pay (November), which equals the amount to be paid. An employee who leaves
the service of the City must have worked through the fifteenth (15th) 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 Assistance Program. Recognizing that a variety of problems and issues can
adversely affect an employee’s health and job performance, the City offers an Employee Assistance
Program (EAP), which provides free, confidential and professional assistance to help the employee
and their immediate family members.
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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 or family member for the
assessment and referral services provided by the EAP. If the EAP counselor believes that a
participant needs further assistance, the counselor will refer the participant 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 City 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 of the budget process. The
Director will have final say on where and when an employee’s training will occur.
Tuition Reimbursement. The City 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 than 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.
Telecommuting. Telecommuting is an alternative work arrangement in which employees work at
home, and are linked electronically via computer, fax or telephone to the central worksite. The
City supports telecommuting when it contributes to the effectiveness of an employee in his or her
job and supports the business strategies of the City. Each department will determine the feasibility
of telecommuting arrangements for the department and for individual positions.
Employee participation is voluntary. An employee may submit a written request for a telecommuting
work arrangement to the Department Director. Each request for telecommuting will be reviewed on a
case-by-case basis. ALL telecommuting arrangements, which are recommended by a
Department Director, will not be effective until they are reviewed and formally approved,
in writing, in advance, by the City Manager. Employees may be required to complete a written
telecommuting agreement with a specified duration and to undergo review and renewal of the
agreement on a regular basis. Employees approved for the program must continue to maintain
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satisfactory job performance. Failure to do so will result in termination of the arrangement and may
result in other discipline up to and including termination. An employee whose telecommuting
arrangement or agreement is terminated may again request to participate in the program if
performance improves to a satisfactory level.
Telecommuting is not available to all employees or departments. Some job responsibilities and
roles do not allow for telecommuting. No employee is entitled to or guaranteed the opportunity to
telecommute and the City maintains the right to require adequate staffing levels at the central
worksite to ensure the appropriate level of customer service. An employee may be called to the
central worksite on a scheduled telecommuting day if necessary to meet workload or staffing
demands.
Telecommuting employees are expected to be available during business hours by telephone at the set
location. The employee has the same duties, obligations, and responsibilities to the City on a day when
telecommuting as when working at the central worksite. A telecommuting employee must request sick
leave, personal leave, or vacation in the same manner as an employee who reports to the central
worksite for work. Telecommuting is NOT a substitute for dependent care and telecommuters shall
have regular dependent care arrangements. Employees who telecommute are expected to work from
their home, not off-site locations such as coffee shops or libraries. A telecommuting employee
assumes the expense of arranging a workspace and appropriate technological support such as phone
lines and Internet connections in the home to permit the efficient completion of tasks. The employee is
also responsible for creating a safe work environment away from the central worksite and for reporting
any job-related incidents, accidents, or injuries to his or her supervisor in the same manner as required
for employees working at the central worksite. Employees should not conduct in-person business
meetings on behalf of the City in their homes, despite telecommuting arrangements.
The City may, in its discretion, terminate the telecommuting arrangement for any reason. If the
employee chooses not to return to the previous work arrangement, his or her employment with
the City will be terminated immediately.
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VIII. Overtime & 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-Call and Callback. 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 Director. Employees must abide by the
guidelines determined by the Department Director. Employees must abide by the guidelines set in
the Drug-Free and Alcohol-Free Procedure. An employee may receive a stipend for the
inconvenience of being available for callback at the rate determined. Work that is considered
incidental (seven minutes or less) shall not be considered time worked. Overtime pay/call out pay
will begin with the eighth minute and will be 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:
Return to the employee’s usual place of work;
Remain near a telephone at a fixed location;
Perform the employee’s regular duties whether by telephone or otherwise.
When an employee is on an “on-call” status and is called to work, compensation will be given to
the employee as follows:
When an on-call employee is called back to work on-site, any time worked less than 2 hours
will still be deemed two hours of work. Any incident exceeding two hours will be paid
according to the length of time requiring the employee’s attention. Callback time does not
change the number of hours scheduled as on 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.
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.
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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 classifications 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 ¾ 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 time in situations where the
actual hours worked exceed standard work week hours. Holidays are considered actual hours
worked for the purpose of calculating overtime. Vacation, compensatory time, sick leave, etc. are
not considered actual hours worked for the purpose of calculating overtime.
Emergency Pay: This policy applies to all employees, and is intended to outline the
compensation policy for employees when a state of emergency is imminent or has been declared
by the City Manager and/or Mayor. This policy recognizes that some emergencies provide no
advanced warning.
In the event of Disaster Declaration, State of Emergency, and/or a long term emergency impacting
routine municipal operations, all exempt and non-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 for emergency-related
activities outside their regularly scheduled hours. By 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.
When City offices are declared closed by the City Manager, employees who are determined not to
be “Essential Personnel” will be paid as Administrative Leave for the hours and/or day(s) when the
employee is not working. These employees may be offered alternative work arrangements,
including temporary Telecommuting (Section VII), to allow productivity continue when offices are
closed.
Work Week. Employees in all City departments, with the exception of certain shift positions in
the Fire Department, will observe a forty-hour workweek. The work period begins 12:01 AM
Sunday (6:30 AM for shift Fire personnel) and consists of seven consecutive 24-hour periods.
Employees working a standard forty-hour workweek schedule will consist of five eight-hour shifts.
Departments may, with the written approval of the City Manager, utilize a workweek schedule
consisting of four ten-hour shifts, or twelve-hour shifts, provided the service level to the
community can be adequately maintained.
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Employees working a 9/80 schedule will have a work cycle defined as beginning mid-day on Friday
or Monday depending upon the employee’s schedule.
Work Period. Shift Personnel in the Fire Department will observe a twelve (12) day work period.
The work period begins at 6:30 p.m. on the first day of the period and shall consist of 48 hours on
duty, followed by 96 hours off duty, which shall then repeat. Days off and shifts may change to
meet the business needs of the organization.
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 comp 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 City’s e-mail system
through a personal device, the City does not give such employee permission to work outside of a
normal workweek schedule and any overtime work involving such equipment also must be
approved in advance.
Waiver Prohibited. The requirement that overtime must be paid after 40 hours a week or 91
hours during the 12-day work period for shift fire personnel, may not be waived by agreement
between the employee and the City.
Overtime and Absenteeism. If, during a regular work-week, a non-exempt 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 for overtime hours in the biweekly payroll through direct deposit or
compensatory time. Any paid vacation, personal or sick hours used by an employee during the
same work week, will be calculated at the employee’s regular rate of pay. In short, an employee
will receive overtime compensation only after the employee has physically worked 40 hours during
a regular workweek or 91 hours during the 12-day work period for shift fire 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.
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Responsibility for Controlling Work Time. Each department director is responsible for
exercising adequate supervision to ensure that employees are complying with established work
schedules and that unscheduled work is performed only in bona fide emergencies. The
department director is responsible for controlling starting and stopping times and all work times.
If you start work early or late and the time for either period is seven minutes or less, that time is
considered incidental and will not require compensation. 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 Director. Obviously a city sponsored function outside of normal
business hours is acceptable and generally does not require approval.
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IX. Recording Time
Recording Time. Non-exempt employee positions shall record each workday separately with
respect to hours worked. Any hours worked outside of a normal workweek schedule must be
recorded on the timesheet applicable to each workday. As set out above, any overtime must be
approved in advance in writing by a supervisor. If an employee leaves a work site periodically
during the workday for personal reasons the employee shall reflect the lost time on time sheets
(i.e vacation, sick leave, compensatory time, etc.). Hours must be recorded in increments of .25,
(i.e. .25, .50, or .75), representing 15 minutes, 30 minutes, and 45 minutes respectively.
Exempt position employees work at the discretion of the City Manager or Department Director 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, 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 granted on an hour for hour and no entitlement is intended to be created by this
policy.
Shift Firefighters. Under the 207K exemption of the FLSA, City certified Fire Department shift
personnel will work an average of 2,912 hours per year, which averages 56 hours per calendar
week. Fire shift personnel are regularly scheduled to operate on a 12-day FLSA work period. Fire
shift personnel will be paid an additional one-half times the regular rate for each hour worked in
excess of 91.
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 & Meal Periods. The Fair Labor Standards Act does not require an employer to provide
break/rest periods. The City, 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 AM and 2:00 PM for those employees working a standard eight-hour shift.
Any meal period of less than 30 minutes will be recorded as hours worked. Supervisors are
responsible for making every effort to avoid situations in which an employee is expected to work
more than five and one-half continuous hours without taking at least a 30 minute rest period or
break. Rest periods and lunch breaks are to be taken as assigned and cannot be stored or
banked. Schedules for Police and Fire 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 be “banked” for future use.
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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. If 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 classified as exempt under the
Fair Labor 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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X. Attendance & Leaves
Attendance. The City 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 to 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 or Work Period. The normal workweek for City employees shall be 40 hours.
The Work Period for Shift Fire personnel shall be 12 days. 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 work week or
work period shall be the function of the department director and the city manager.
Emergency Conditions. The citizens of West University Place depend on City employees before,
during and after an emergency or disaster to provide or restore essential public services for the
health, safety and quality of life for our community. In the event of a wide scale emergency that
could impact our community, all employees must be ready to assist in managing the crisis
and will be considered essential personnel for the continuity of governmental
operations until they are specifically relieved by the City Manager or his or her
designee.
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;
MLK Day;
Good Friday;
Memorial Day;
Independence Day;
Labor Day;
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Thanksgiving Day;
Day following Thanksgiving;
Christmas Day; and
An additional Christmas holiday
Paid holidays are intended as a benefit for full-time and ¾ 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 Falling on Weekends. Holidays which fall on a Saturday will be observed on the
preceding Friday. Holidays which fall on Sunday will be observed on the following Monday. Shift
Fire personnel shall follow the Fire Department Standard Operating Guideline (SOG).
Holidays Falling on a Regular Day Off. Holidays that fall on an employee’s regular day off
shall be paid as they 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 addition 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 ¾ time employees
at the beginning of each quarter (January, April, July & October). Leave is subject to the
attendance and leave approval provisions of this policy. Personal leave does not accrue beyond
the calendar year and unused hours shall be paid at the end of each year.
The City designates one day of personal leave for Shift Fire personnel as the September 11 th
Memorial Day. A firefighter may choose to use personal leave for that purpose on September 11 th
if its use does not unduly disrupt the departments operation. While fire fighters have the same
number of vacation, holidays, and days off in lieu of vacation or holidays as all other City
employees, in accordance with H.B. 2113, the Texas legislature has amended Section 142. 0013
(c) of the Local Government Code mandating that one day of leave is designated as September
11th Memorial Holiday for all fire fighters. All City employees have the same number of personal
leave days; however, this amendment mandates that the City refers to one of these days by a
different name for a particular category of employees.
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 to accrue when an employee is not working and on extended,
authorized and unpaid leave of any kind.
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Vacation Leave. Vacation leave credits for all full time employees shall accrue as
follows:
Less than five (5) years of service – 6.667 hours per month
At the start of the fifth (5) year 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:
Less than five (5) years of service – 10 hours per month
At the start of the fifth (5) year of service – 15 hours per month
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 ¾ time employees shall accrue as follows:
Less than five (5) years of service– 3.75 hours per month;
At the start of the fifth (5) year 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 provisional 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 prior to regular employee status, no vacation accrual shall be credited and shall not be paid
at separation.
Vacation accruals are intended as a benefit for full-time and ¾ 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.
Attendance 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
to give his/her supervisor notice of the leave requested as soon 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 not be granted vacation leave in excess of the
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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 carried 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
¾ time employees – 120 hours
More than four years of service, but fewer than 12 years of service
All full-time employees - 240 hours
Shift Fire Department personnel – 360 hours
¾ time employees – 180 hours
More than 12 years of service
All full time employees - 320 hours
Shift Fire Department personnel – 480 hours
¾ time employees – 240 hours –
More than 20 years of service
All full time employees - 400 hours
Shift Fire Department personnel – 600 hours
¾ 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 ¾ time employees. An employee will
not be eligible to accrue vacation when the employee is not working the minimum number of
hours required to be eligible for this benefit and who may be on extended, authorized and unpaid
leave of any kind.
Accrued vacation will be paid upon separation. The effective date for separation refers to the last
date which the employee actually worked.
Sick Leave. 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, step-children, a child to whom the employee has served “in loco parentis” or
foster child(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.
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The City depends on its employees to be at work as scheduled. Employees are expected to report
for work, mentally and physically able and willing to perform the essential functions of their jobs.
The City, of course, will provide reasonable accommodations to disabled employees as set out in
Section II above. However, when an employee needs to be out because of illness or injury, the
employee or the employee’s representative is required to report directly to the immediate
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 prescribed by the
department. Unless otherwise approved in writing, texts, e-mail and/or voicemail 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 or
more days (four days for Shift Fire personnel) 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.
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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 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. ¾ time
employees shall accrue 7.5 hours for each month of service.
Sick leave accruals are intended as a benefit for full-time and ¾ 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 720 hours (1080 hours for Fire
Shift Personnel) of accrued sick leave credit if the employee retires through TMRS. In the event of
the death of an employee whom is vested in TMRS, the City will pay up to 360 hours (540 for Fire
Shift Personnel) of accrued sick leave and other eligible accrued leave to the employee’s TMRS
pension designated beneficiary.
Sick Leave Incentive Program. The sick leave incentive program is designed to reward
employees for good attendance. The sick leave incentive program allows employees with good
attendance the opportunity to convert sick leave to vacation annually.
All full-time employees who have completed 12 months of service with the city and are in “good
standing” (have not 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 1st pay
period in February. Sick leave shall be converted to vacation based on the following chart.
Sick Days Used from 01/01 to 12/31
Eligible Sick Days for
Conversion to Vacation
0 days taken 3 days
Up to 1 ½ days 2 days
More than 1 ½ days and up to 3 days 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
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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 31st of the following year or the time will revert back
to sick leave. Conversion hours which are currently accrued shall be taken within 12 months from
the effective date 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
catastrophic illness or injury and have exhausted all accrued sick and annual leave balances as a
result of their own catastrophic illness or catastrophic injury.
Employees are responsible for contacting Human Resources and requesting, in writing, activation
of the sick leave bank for their own catastrophic illness 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 from the sick leave bank. The employee must first meet the minimum
eligibility requirement of Family Medical Leave (having been employed by the City at least 12
months and have worked at least 1,250 hours) immediately prior to 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
illness or catastrophic injury and he/she must have used least 160 hours (240 hours Shift Fire
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-term) hospitalization
or recovery; usually involves high costs for hospitals and doctors and medicine (examples include:
coma, cancer, leukemia, heart attack, stroke, spinal cord or brain illness). A catastrophic injury
means the consequences of an injury that permanently prevent an individual from performing any
gainful work; 42 USCS section 3796(b).
Voluntary contributions to the sick leave bank must be in hourly increments and may be
contributed from any unused leave accrual. The maximum number of sick leave hours an
employee may 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.
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Job Related Injuries. If you sustain a job related injury, the injury is to be reported
immediately to your supervisor or department director. A First Report of Injury Form is also to be
immediately completed. To the extent provided by State law, worker's compensation insurance
will cover medical expenses for treatment of such job related 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 City’s insurance carrier will pay you for the initial waiting
period.
If you are absent for a period of more than 15 days and the City's carrier has made a back
payment to you for the first seven day waiting period and you have used accumulated sick,
vacation, personal or compensatory leave, you may purchase the leave back by reimbursing the
City in the amount of the payment you received for the first seven day waiting 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 reinstate any used sick, vacation,
personal, or compensatory leave used during the initial waiting period upon returning to work.
If you are absent due to an on the job injury or illness, you will continue to accrue sick and
vacation leave benefits for the first three 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 accruals will cease when an employee enters into an authorized and extended leave of
absence. In an extended leave of absence, the employee shall pay all health insurance and/or
other premiums.
Return 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 a return to work
authorization and/or 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 following leave and are able to perform the essential functions of their jobs, with or without
reasonable accommodations. However, in the event that an employee is not able to perform the
essential functions of his/her position, with or without a reasonable accommodation, the employee may
apply for any open position, for which he or she is qualified. In the absence of an opening, the City
may terminate the employee’s employment.
Funeral/Emergency Leave. Employees may be granted up to five days of paid leave to attend or
arrange the funeral, and settle the affairs of, an immediate family member. An immediate family
member is a spouse, child or parent or “step” child or “step” parent or a parent who has served “in loco
parentis” to a child. Up to three days of paid leave may be granted upon the death of the following
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family members i.e., siblings, in-laws, grandparents or any relative living in the same household.
Additionally, employees may use their own accrued leave for funeral leave for other individuals not
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.
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 to provide proof of situation
warranting leave. Dependent Care Leave requests are not retroactive.
Jury Leave. The City shall grant jury duty leave for an employee summoned to serve on any
grand, petit, or municipal court jury. The City shall not dismiss an employee from employment
because of the 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 time for overtime
calculation purposes.
If an employee is chosen as a juror, they must notify their supervisor immediately and fulfill the
citizenship obligation. If the employee is not selected as a juror, the employee is required to
report back to work upon being released from service. If more than 50% of the employee’s shift
remains at the time the employee is released from service, the employee is expected 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.
Court Appearances. Employees who are subpoenaed to appear in court or before any other
judicial or administrative body on behalf of official city business or as a “Good Samaritan” will be
compensated in accordance with this policy.
Employees that request 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
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leave in accordance with the appropriate policy.
Voting. On the day of an election, an employee who does not have at least two (2) consecutive
hours outside the employee’s work hours to vote, may, upon the employee’s request, be given
time off 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, either 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 431 of the Texas
Government 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 City base wage or salary, if the employee’s military leave wage of salary
is less than the employee’s City base wage of salary for a period of up to 18 months calculated
from the date of military activation. NOTE: This supplementation by the 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 to continue such coverage and pay premiums for leave longer than 30 days or the
employee share for leave less than 31 days as prescribed in 28 U.S.C. § 4317.
If the employee qualifies for reinstatement under 38 U.S.C. § 4312 (a), upon the end of the leave,
the employee shall, upon request, be 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:
(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 re-employment under subsection (a)(3), (a)(4), or
(b)(2)(B) of section 4313 [38 USCS § 4313], such employment would impose an undue
hardship on the City; or
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(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, if a City employee works a
standard five-day workweek on Monday through Friday, the employee shall not be paid for hours
when he/she is absent on a Saturday or Sunday since such absence was not due to military leave.
In accordance with 38 U.S.C. § 4316(c), a person who is re-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) within 180 days after the date of such re-employment, if the person’s period of service
before the re-employment was more than 30 days but less than 181 days.
The City prohibits any and all discrimination against an applicant or employee who is a member of,
applies to be a member of, performs, has performed, applies to perform, or has an obligation to
perform service in a uniformed military service on the basis of that membership, application for
membership, performance of service, application for service, or obligation.
Absence without Leave. If an employee is absent from work, without proper authorization,
whether for part or all of a working day or for a longer period, such absence shall be grounds for
disciplinary action up to and including termination.
Job Abandonment. An employee voluntarily and irrevocably resigns City employment if the
employee:
Fails to 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 cause, including failure to return after
an approved and extended medical leave period.
Fails to report to work without notice to the City for three (3) consecutive workdays or shifts
without sufficient cause.
Employees who abandon their jobs will not be eligible for rehire.
Family & Medical Leave Act. All eligible City 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.
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An employee who has been employed by the City for at least 12 months and has worked at least
1,250 hours during the 12 months immediately prior to the leave, shall be entitled to up to 12
weeks of leave for one or more of the following:
1. Birth of a son or daughter, and in order to care for that son or daughter;
2. Placement of a child with the employee for adoption or foster care;
NOTE: An employee’s entitlement to leave under 1 or 2 above shall expire at the 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 given as soon as possible. The City reserves the right to
retroactively designate leave as FMLA if the leave qualifies under the FMLA regulations.
An eligible employee’s FMLA 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 FMLA.
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 FMLA 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 FMLA leave shall not be counted for purposes of any department’s attendance policies.
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XI. Disciplinary Actions
It is the intent of the City to compensate its employees fairly; to make all reasonable provisions for
their safety and health; to provide adequate instruction, direction and equipment; and to treat all
employees with dignity and respect. All employees are expected 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 off the job.
The City 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 action is deemed appropriate without the prior use of progressive
discipline. While in most cases the disciplinary action taken will depend upon the degree of
severity of the offense(s), the record of the offender, and the seriousness of the consequences of
the offense(s), there are certain offenses, which will result in severe disciplinary action regardless
of the disciplinary record of the offender.
The purpose of standard disciplinary procedures is to make it easier to be consistent by applying
similar penalties for similar offenses. However, Department Directors and immediate supervisors
have the discretion to take all relevant circumstances into account when taking disciplinary action.
Basis for Discipline. 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 action, up to and including termination, include, but shall not be limited to the
following:
1. Unsatisfactory Attendance
a. Unauthorized absences
b. Abuse of leave
c. Tardiness
2. Unsatisfactory Performance
a. Inability or unwillingness to satisfactorily perform assigned work.
b. Failing to perform duties at an acceptable level.
3. Indifference Toward Work
a. Inefficiency, negligence, loafing, carelessness, leaving work without permission,
excessive use of City time for performing personal business during work hours,
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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.
c. 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 performing a job.
d. Misusing or failing to use delegated authority in performance of duties.
4. Dereliction of Duty
a. Failure to observe and follow the policies of the city and/or employee’s department
procedures, rules or orders.
b. Failure of an employee to take appropriate action when a violation of policies, rules or
regulations comes to his/her attention, regardless of the violator’s assignment or
position in the City.
c. Failure to promptly report or deliver 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. Insubordination 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.
b. If an employee believes an instruction or order, if followed, would result in personal
injury or damage to City equipment, he or she should notify the 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 giving the instruction or order.
6. Violation of Safety Rules
a. Improper removal of safety guards (e.g. fire extinguishers); failure to use safety
equipment; failure to follow safety practices and 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, vehicle accident, or unsafe condition on the day of the
occurrence; or 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.
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7. Dishonesty/Fraud
Fraud generally involves a willful or deliberate act with the intention of obtaining unauthorized
benefits such as money or property, by deception or other unethical means. Dishonest or
fraudulent activities include, but are not limited to:
a. Misuse or misappropriation of City property, funds, securities, supplies, furniture, fixtures,
equipment, or any other asset or unauthorized charges against the City’s accounts
including credit card accounts.
b. Forgery or falsifying or altering City documents (i.e. checks, time sheets, contractor
agreements, purchase orders, etc.).
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
allowed under City policy.
g. Theft, destruction or removal of any asset or inappropriate use of records.
h. Embezzlement.
i. Seeking or accepting anything of material value from vendors, consultants, or contractors
doing business with the city in violation of the City’s policy. Exception: gifts less in
value than the rate established by the State of Texas.
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.
l. 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.
b. 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.
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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 slowdowns, sit-ins, strikes or any other activity in an
effort to limit or restrict City employees from working.
11. Misconduct
a. The violation of any federal or state law, rule, regulation 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 an adverse impact upon the City or
on the public confidence in the integrity of City government, 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.
c. Operating or conducting illegal activity on the job or on City property.
d. Any criminal offense shall be cause for disciplinary action up to and including termination.
12. Disqualification from operating city vehicles and/or equipment.
Types of Disciplinary Actions. All or a combination of the following disciplinary measures may
be taken by supervisors. Supervisors will evaluate each situation and take the 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 rule it violates, the
action being taken, the terms and conditions 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 serious enough to warrant
this level of discipline without prior discipline. Suspension of exempt employees must be
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in compliance with FLSA regulations. An involuntary demotion may not be possible in
situations where there is no vacant position in the organization for the employee.
Termination: Termination may be the culmination of a progressive discipline or
performance improvement process. Alternatively, it may occur as the first disciplinary
measure undertaken if the situation warrants it.
Disciplinary Process: Any Department Director who proposes to suspend an employee without pay,
demote an employee, or terminate an employee, is required before making a final decision to give the
employee notice of the proposed disciplinary action and an opportunity to respond. If the Department
Director receives information from the employee that may affect the disciplinary action, the
Department Director 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 to impose
the disciplinary action as originally planned, modify such discipline, or forgo any discipline.
Department Directors 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 date the employee receives the Disciplinary Action. Employees do not have the
right to appeal counselings, 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 employee’s day off, they will not be paid for the time spent in such
hearing.
Department Directors 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 she submits
an appeal, no such representative will be allowed to attend or participate in the appeal hearing.
Disciplinary Action Appeals shall be considered closed and not open to the public or other
employees.
The City may also choose to have legal representation at the hearing.
The City Manager shall render a decision within ten working days of the conclusion of the appeal
hearing. The City Manager’s decision is final and not subject to further appeals.
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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 more 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 economic issues, reorganizations, denial or termination of a telecommuting arrangement or
other similar policies are not considered discipline and cannot be appealed under the City’s policies
and procedures.
Applicability. 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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XII. Communication
Open communication between an employee and his/her supervisor is encouraged. If an employee
has a concern 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 Director. If the Supervisor or
Department Director is not responsive or if the employee is uncomfortable discussing the matter
with him or her, the City encourages employees to contact Human Resources.
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NOTES, ADDITIONS & CORRECTIONS