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HomeMy WebLinkAbout2009 Personnel Polices and Employee HandbookCity of West University Place Personnel Policies and Employee Handbook I. General Provisions The City of West University Place welcomes you to our staff. We want to make your first days on the job as pleasant and comfortable as possible. As a new employee you may have questions about City policies, procedures, and expectations of you as an employee. This handbook will answer most of those questions. The information in this handbook is to provide a consistent guide to you on policies and other personnel matters. It is not intended to give specific guidelines for every conceivable personnel interaction. These guidelines are sufficiently broad to provide the latitude of discretion, which may be needed in individual situations. However, the degree of discretion shall not be permitted to violate the Policy's intent. This policy should be referred to regularly when making decisions affecting City personnel. It will help ensure that decisions are fair, consistent, and in accordance with the desires of City Management. It is your responsibility to ask questions if you do not understand any policy or procedure. The more you know about West U, the easier it will be for you to understand your role in relation to other positions. The City retains the right to change, modify, suspend, interpret or cancel any of the benefits, policies and procedures at its sole discretion. Any employee who continues to work after a policy has been revised and implemented is deemed to have accepted the change in policy. This handbook is subject to the City Charter as well as the constitution and laws of the State of Texas and the United States. The City of West University Place is an At-Will employer (see Section III Employment Status). This handbook does not create, reflect or imply any contractual or vested right. Either you or the City may terminate this relationship at any time with or without cause. References to benefits, insurance coverage, leave accruals and holiday pay are applicable to regular full-time employees and may be applicable to part-time employees on a pro-rated basis. The City Manager or his/her designee is authorized and directed to administer this handbook, including the right to establish whatever detailed regulations and procedures may be necessary to further explain and clarify the provisions of this handbook, except with respect to those employees appointed directly by the City Council, unless further delegated to do so by the City Council. Page 1 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook In addition to the policies outlined in this manual, 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 Resource representative is responsible for providing access to the official documents during normal working hours. 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. This version of the City of West University Place Personnel Policies and Employee 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 1882 and became effective on January 1, 2009. MISSION: The City of West University Place is committed to enhance the quality of life in the community by a commitment to excellence in the delivery of public services. As "Good Will Ambassadors" for our City, employees consistently demonstrate the City's guiding values of: Superior Service: Taking pride in the service that you provide and the products that you produce; Caring about the needs of the customer - listening to their needs; Giving valued service to customers - they feel their tax dollars are well spent Taking time to explain your decisions or actions; Providing services in a personal, customer-friendly manner - being courteous and polite; Following up on your commitments. Page 2 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Productivity: Looking for more cost effective ways to do the job; Being competent - know your subject area well, using your skills and knowledge in your job; Using common sense in providing service or making a decision; Completing projects on time and within or under budget; Providing reliable, valued services and products. Initiative: Taking the lead; Taking calculated risks; Being self-motivated; Anticipating and solving problems; Identifying opportunities for improving services and products; Responsibility: Holding your self and others accountable for action and results; Owning the results and outcomes; Continually improving self based upon feedback; Considering long-term impacts of your decisions and actions; Being respectful and honest; Acting with personal integrity. Innovation: Looking for better ways to do the job; Being open to others, actively seeking new ideas; Creating options before making a decision or recommendation; Willing to learn new skills or techniques; Being creative - finding new ways to do something - even when it is not easy; Being resourceful. Teamwork: Focusing on common goals and the "Big Picture": Supporting the departmental mission by never allowing a personal agenda to interfere with the accomplishment of the departmental goals; Communicating in a clear, objective and direct manner; Supporting official decisions and actions; Knowing your team role, being an active, productive team member; Working together with others, ask "who needs to be involved". Page 3 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook II. Recruitment & Employment Equal Employment Opportunity. The City of West University Place is an equal opportunity employer. The City does not discriminate against qualified applicants or its employees in its employment policies, practices and access to its services. Title VII of the Civil Rights Act of 1964, as amended, and other federal civil rights laws, prohibits discrimination against or preference for any person in recruitment hiring, discharge, pay, fringe benefits, membership, training, examination, appointment, promotion, retention, discipline or any other aspect of employment because of race, color, sex, age, religion, national origin, marital status or disability. 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. 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. Page 4 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook It is the City's policy to prohibit sexual harassment and discrimination in the workplace and this policy covers vendors, customers and/or others who enter our workplace as well as all employees. Harassment and Anti-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. Any employee found in violation of this policy 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 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. The City provides reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship. Generally an employee or applicant with a disability should inform the City when an accommodation is needed. 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 Human Resources. If the supervisor is the person engaging in the alleged conduct, the employee should report the conduct to any other supervisor or Human Resources. The following steps should be followed to complain: 1. Human Resources and/or the supervisor will conduct an investigation when appropriate. When appropriate, local law enforcement officials will be involved to ensure the safety of employees. 2. If it is determined that discrimination or harassment did occur, the City will take prompt corrective action to END the harassment or discrimination, RETURN lost benefits or opportunities to the employee, RESTORE a proper work place environment, and DISCIPLINE the harasser. The discipline will reflect the seriousness of the incident. Page S Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Complaints made in good faith will in no way be held against an employee. However, the misuse of the complaint process may result in the appropriate disciplinary action, up to and including termination. The City will not tolerate retaliation of any kind and in any manner. This protection extends not only to individuals who complain about unlawful harassment and/or activities, but also to those who serve as witnesses in investigations. 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. Whist/eb/ower, 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, who in good faith, reports a violation of the law by the City or its employees to an appropriate law enforcement authority. Employees are required to promptly report any violation of this policy to the Human Resources Department under the City's complaint policy in Section XII. Weapons With the exception of certified law enforcement officers, City employees (including employees licensed to carry a concealed handgun under Texas law) are prohibited from carrying any type of firearm or prohibited weapon in City owned buildings and vehicles. The Texas Pub/iclnformationAct. While the Texas Public Information Act requires that much of the documents and 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 14"' day after the initial date of employment, if this information is to be available upon public request or to remain confidential. 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, Page 6 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook dispensation, possession, sale or use of illegal drugs, intoxicants by employees at any time on-or off duty. Ensuring that while on duty for or acting on behalf of the City, while wearing a City uniform and/or in a City vehicle, while on City premises, that employees will not be impaired by alcohol, intoxicants or have illegal substances present in their systems. Employees will be subject to drug and alcohol testing when a supervisor has reasonable suspicion of drug or alcohol use; after certain accidents; when returning to duty as a result of self-referral; follow-up after a determination that you were in need of assistance in resolving drug or alcohol problems; promoted to a safety-sensitive position; or random testing if you are in a safety-sensitive position. Tobacco Free Environment. Tobacco use of any kind in any City building, facility or vehicle is prohibited. Employees will be allowed to smoke only in designated areas, which may not be within 15 feet of any building entrance and shall be in accordance with the Rest & Meal Period Section of this handbook. In this policy, the "use of tobacco products" means the inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, or other combustible tobacco product in any manner, including cigarettes and cigars; the chewing of tobacco and the use of snuff. Appropriate Appearance. The personal appearance and grooming of our employees plays an important role in the perception that the public and customers have of the City of West University Place. Employees are expected to maintain minimum standards of dress, grooming and personal hygiene appropriate for the position and job duties and as necessary to protect the safety of the 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. Prohibited: 1. Revealing, suggestive, sheer, see-through tops, blouses, or sweaters (unless worn over another shirt). 2. No shirt that allows a bare midriff. Page 7 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 3. T-shirts with advertisements, political messages, or slogans (unless provided by the City for a specific City/Public event.) 4. 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. 5. Lip, nose, tongue, or any earring(s) on a visible part of the body (excluding ears.) 6. Overalls and shorts (Department Directors may make exceptions for uniformed seasonal wear). 7. Sweats and wind suits. 8. Hair worn in a manner to create a safety hazard, including facial hair. Exceptions: The Department Director may make exceptions with the City Manager's approval. Political Activity. An employee may not endorse a 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 or acting on behalf of the City. For purposes of this policy, to engage in political activity includes: 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 candidate or a proposition. 4. Wearing a campaign button while in uniform. 5. Circulating or signing a petition for a candidate or proposition. 6. Soliciting votes for a candidate or proposition. 7. Using city equipment to promote a candidate or proposition. 8. Soliciting campaign contributions for a candidate or for or against a proposition. 9. Any activity supporting or opposing a candidate or proposition expressed in a manner, time or location that the public might reasonably believe represents a position of the City. Page 8 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 10. Any activity supporting or opposing a 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 out-lined in the Departmental Standard Operating Procedure/Guideline or General Orders. Employment at the City of West University Place is considered to be an employee's primary employer. Scheduling of outside employment requires prior approval and shall not interfere or conflict with an employee's schedule or call-back status at any time. The City shall not be responsible for lost hours from outside employment in such cases. Media Contacts, The City Manager and department directors are authorized to serve as liaison to media representatives regarding policy issues. Other employees are not authorized to make statements on behalf of the City, unless directed to do so by the department director in response to an inquiry for routine factual information relating specifically to your duties and not relating to litigation, legal opinions or City personnel matters. If an employee receives an inquiry, he or she should report it to the department director, and describe any response made to such inquiry. Nothing in this handbook prohibits the exercise of constitutional rights, which generally protect communications made as a citizen on matters of public concern, but not communications made as an employee on matters of personal interest. Acceptance of Gifts and Conflicts ofinterest. 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: Page 9 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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. Substantial Interest in Business Entity. A member of the governing body or another officer whether elected, appointed, paid or unpaid, of the City of West University Place shall disclose their interest in a business entity as required and described as "substantial interest" in Chapter 171 of the Local Government Code. A person has a substantial interest in a business entity if: a. the person owns 10 percent or more of the voting stock or shares of the business entity, or owns either 10 percent or more, or $15,000 or more of the fair market value of the business entity; b. funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year. C. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. A local public official is considered to have a substantial interest if a person related to the official in the first degree of consanguinity or affinity, as determined under Chapter 573 of the Government Code. 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 Page 10 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook entering and leaving City property and to inspect, with or without prior notice, any City vehicle, package, parcel, purse, handbag, briefcase, lunch box 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 your 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. An employee who interferes with a search or fails to cooperate in allowing a search conducted under this policy, including giving access to City property as directed, may be subject to discipline, including termination of employment. Nepotism (Employment 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. A family member means a person who has one (1) of the following relationships to another person: 1. Husband, wife, son, son-in-law, stepson, daughter, daughter-in-law, stepdaughter, father, stepfather, father-in-law, mother, mother-in-law, stepmother, brother, brother-in-law, sister, sister-in-law, grandfather, grandmother, grandson, granddaughter, niece, nephew, aunt and uncle; or 2. Non-married co-habitants and/or significant others who live in the same household. If an employee becomes a family member of another employee who works in the same department, neither employee may 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 their supervision or authority, either directly or through the chain of command, and neither employee voluntarily resigns or is able to transfer to another position, if available, within 60 days of the date the employees become family members, the person with the least amount of consecutive service time with the City immediately prior to the date the employees become family members, is considered to have automatically resigned their position of employment on the 61St day following the date the employees become family members. Page 11 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook The City may not appoint to any office, position, clerkship, or service to the City any applicant who is related to a member of the Executive Team, a Department Head, the Mayor or City Council members 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). Use of City Property, City facilities, equipment, supplies and other City resources are made available to help the 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 that violates this policy, with excessive use of City equipment for private use, shall be subject to disciplinary action up to and including termination. Internet. The City of West University Place Internet Policy is established to ensure compliance with applicable statutes, regulations and mandates regarding the use of information technology systems (System); to establish prudent and acceptable practices regarding the use of the Internet; and to educate individuals who may use the Internet, the intranet or both with respect to their responsibilities associated with such use. All electronic information on the System remains the property of the City and employees have no right of privacy in the 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 elements at any time and those recovered elements remain the property of the City. All employees should have an expectation that the information sent, received and stored on the City's system is monitored and recorded. 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 exposes the City and its employees to civil, criminal and attitudinal Page 12 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook sanctions and penalties and must be avoided. Internet use that violates this policy is subject to disciplinary action up to and including termination. Additional information is contained in the Internet and Acceptable Use Procedures. 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. E-mail users that violate this policy are subject to disciplinary action up to and including termination. Additional information is contained in the E-mail and Acceptable Use Procedures. Telephone. All employees are prohibited from making non-business long distance telephone calls via the City's long distance provider, except in emergency situations. Calls placed though personal calling cards, pre-paid cards and/or credit cards are not prohibited other than the general prohibition on employees unreasonably using work time for personal business. For quality control purposes and other purposes, telephone calls may be recorded. Cellular Phone. The City will own and provide cellular phones and services to qualified and approved employees. The City will maintain a single service provider contract from authorized state, local or federal cooperative contracts that offer discounted pricing and a wide range of service plans. Use of any other services provider or contract for City owned cellular phones and/or services must first be justified and approved. As an alternative to a City owned and provided cellular phone and service, the City Manager may authorize the issuance of a monthly stipend to those employees 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 those employees to carry and maintain a separate phone for City business. The stipend is valid as long as the designated set of Required Services (defined in the procedures section) is maintained on the personal account. Since the stipend is considered to be taxable income, the amount will be determined taking the equivalent cost of the Required Services, as determined by the City's existing cellular phone contract, plus applicable payroll taxes, and benefits. In addition, a one- Page 13 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook time reimbursement for the purchase of a phone device that supports all the Required Services may be authorized by the City Manager. Vehicles. It is the policy of the City of West University Place to provide for transportation needs, as necessary, for its employees. City-owned vehicles may be used only for City business, except as otherwise specifically authorized by department procedure approved by the City Manager. Some 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. Safe Vehicle and Equipment Use. It is the policy of the City of West University Place to provide employees adequate tools, equipment and vehicles, when the employee's job requires the use of a vehicle. The City requires all employees to observe safe work practices and lawful, careful and courteous operation of vehicles and equipment. 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, and follow all traffic laws, to avoid distractions while driving, such as using a cellular telephone or entering data on a Mobile Data Terminal (MDT). Employee's are responsible for maintaining the interior and exterior cleanliness of the vehicle(s) they are assigned. Additionally, employees are responsible for the security of the vehicle and its contents. When employees receive fines of any kind in connection with their use of a city vehicle, the employee will be responsible for that fine. Employees are not permitted, under any circumstances, to operate a City vehicle, or a personal vehicle for City business, when the employee cannot drive safely. This prohibition includes circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication or intoxication. Driving records of employees who operate City vehicles and equipment and/or whose position requires driving for City-related business shall maintain a satisfactory driving record and the appropriate license at all times. Employee's failure to maintain a satisfactory driving record or the appropriate license will be subject to disciplinary action up to and including termination. Page 14 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook III. Employment Status At-Will Employer, Employment at the City of West University Place is at-will for an indefinite period of time, until terminated by either the City or the employee, with or without cause. That means either party may end the relationship with or without prior notice or cause. No written or oral representation by the City of West University Place personnel will create a contract of employment. No employment practices of the City, is 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 provisionary period, which, in the City's discretion, may be extended for a period not to exceed twelve (12) months. 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 provisionary period may, at the discretion of the supervisor and with approval of the Department Head, be extended for an additional six (6) months. At any time during the provisional period an employee may be dismissed without further recourse. Even after 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 works a minimum of 40 hours a week (2,080 hours annually) or an average of 53 hours a week (2,756 hours annually) in a full-time shift Fire Service position is eligible for all City benefits. 3/-time Employment, An employee whose normal duty assignment is to work a minimum of 30 hours (1,560 hours annually) in a 3/4 time position is eligible for City benefits as defined for 3/4 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. Page 15 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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. Page 16 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook IV. Pay Plan & Compensation Guidelines Purpose. The purpose of the City's pay system is to attract, retain and motivate employees by offering pay opportunities commensurate with their position's internal and external value, and positioning the City of West University Place as an "employer of choice". 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. Establishment of Plan. The City Council shall establish the pay plan annually during the budget process, which includes compensation and salary structure recommendations made by the City Manager or his designee. The City has generally adopted a strategy of achieving and maintaining a market- competitive position of approximately 100% of the designated market average for general employees' pay structure and 105% of the designated market average range for fire and police structures. One of the functions of the budget 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 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 Page 17 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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, with the basic compensation philosophy that an employee should be at or near the midpoint of the range when he or she has attained five years of tenure in the position. Employees whose salary is at or above the maximum of their pay grade will be frozen until the structure "catches up" with the individual's rate of pay. Employees at the maximum of their pay range may, with the approval of the City Manager and as provided for in the budget, be eligible for lump sum payments that are not included in the base pay of the employee. The pay described above is nonrecurring and will not extend beyond the end of the fiscal year in which such pay is authorized. 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. 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. Performance-based Compensation. Salary increases may be given to reward individual performance and are subject to budgetary guidelines established by the City. Pay for Exceptional Performance. Performance pay adjustments for employees to reward superior performance may be awarded in the sole discretion of the City at or near the end of the fiscal year and such amounts as are authorized may be paid as Page 18 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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. Page 19 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook V. Personnel Moves 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 in and for which they are qualified. A promotion is defined as the assumption of job duties and responsibilities that are higher in character and 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 the compensatory time balance cashed out prior to the effective date of the promotion. Payment shall be made at the employee's rate of pay on the effective date of the cash out. Promotional Increase. If an employee is promoted, the resulting salary increase shall be at least five percent of his or her current salary or an amount sufficient to reach the minimum salary range for the new job, whichever is greater. 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. 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. 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. Page 20 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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, 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 the unreturned City property from the separating employee's final paycheck as outlined in the Payroll Deduction Authorization. Authorized deductions, which include Federal Insurance Contribution Act (FICA), social security, insurance premiums, Texas Municipal Retirement System JMRS), etc. will also be withheld from the departing employee's final paycheck. Employee's who depart prior to the completion of the six (6) month provisionary period (or 12-month's if the provisionary period is extended) shall not receive payment for unused, accrued vacation. Personal Time (P-time) is paid annually in December. Any employee departing for any reason prior to receiving payment for P-time in December shall not be eligible for payment of such P-time. 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. Reappointment. Former City employees are eligible for rehire providing prior service with the City was satisfactory. Page 21 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook VI. Benefits & Services The City of West University Place provides a benefits program for its full-time employees. The actual terms of the coverage are as described in the individual summary plan documents. The summary provided below is only to inform employees of the general benefits and procedures in a more concise manner. The terms of the coverage are subject to change. Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The Consolidated Omnibus Budget Reconciliation Act of 1985 (CORBA) became effective on April 7, 1986. Through COBRA, the City of West University Place employees and their dependents that are currently enrolled in qualified group benefits are afforded the opportunity to extend those benefits at 102% of the premium (subject to change from time to time) in situations by which the benefit coverage would otherwise end. The length of COBRA varies depending on the nature of the qualifying event, but could range between 18 and 36 months. Health and Dental Insurance. Full-time and 3/a 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 3/4 time, and is subject to change. See Plan documents for specific information concerning coverage. 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 you for medical, dental and prescription co-payments, uncovered medical or dental charges and dependent care coverage. Employees make an annual determination on the amount to be allocated to this account. Once the employee makes a decision to participate, the decision cannot be revoked unless the employee has a qualifying event or during annual enrollment. Medical and dental premiums will be deducted on a pre-tax basis. Unused funds revert to the City. Life/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 3/a time, Page 22 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook and is subject to change. See Plan documents for specific information concerning coverage. Disability Insurance. Disability insurance is provided for periods of extended disability due to an accident or illness. Coverage is generally available after the elimination period of 180 days. The City may subsidize a portion of the monthly premium. The percentage of subsidy may vary between plans, between employee's classified as full-time or 3/4 time, and is subject to change. See Plan documents for specific information concerning coverage. Retiree Health Benefits - Employee's 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. AND - Retiree Health Benefits - Employee's hired prior to January 1, 2009. Non-exemptEmp/oyees- If you retire through the Texas Municipal Retirement System (TMRS) and have been employed full-time for the City for at least 10 years immediately preceding the date of the retirement, you may continue coverage with the City's health plan. Exempt Employees - If you retire through the TMRS and have a minimum of 10 years of service credit with TMRS of which three years immediately preceding the date of retirement, were with the City, you may continue to be covered through the City's health plan. The benefit includes basic medical coverage, excluding accidental death, life, disability and dental. Your spouse and dependent(s) are also eligible for continued coverage. You are responsible for all costs, including premiums, associated with spouse and dependent benefits. The benefit includes the same medical coverage approved by Council and selected for current employees and excludes accidental death, life, disability and dental coverages. You must declare your intention to continue health insurance coverage no later than the effective date of your retirement. If you elect not to participate, this decision is final and irrevocable. All benefits terminate when you become eligible for Medicare or other federal or state health insurance plans or if you become employed, including self-employment. Page 23 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Retirees, including covered spouse and dependents, shall annually certify their eligibility for continued health insurance benefits on the City provided Eligibility Certification form. Failure to provide the Eligibility Certification form by the deadline will result in discontinuation of coverage. Employee Privacy. The City will retain its duties and privileges as an employer consistent with good business practices. This includes collection, retention, use, disclosure and confidentiality of employee information. The Health Insurance Portability and Accountability Act (HIPPA) Standards for Privacy of Identifiable Health Information (the Privacy Rule) is effective April 14, 2004. The Privacy Rule provides the first comprehensive Federal protection for the privacy of health information. In accordance with the Privacy Rule, the City of West University Place will implement reasonably minimum necessary policies and procedures that limit how much protected health information is used, disclosed, and requested for certain purposes. The City is required by applicable federal and state law to maintain the privacy of protection health information. The HIPPA 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 HIPPA Privacy Rule permits the employer to collect health information as needed for employment. The HIPPA 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/Risk Manager. Anyone who believes that the City of West University Place is not complying with a requirement of the Privacy Rule may submit a written complaint to the Privacy Officer. The writing must contain a description of the complaint and an explanation of the circumstances surrounding the complaint. 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. Page 24 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Texas Municipal Retirement System (TMRS), The Texas Municipal Retirement System is the primary retirement plan offered by the City. Effective the first day of em- ployment, participation in TMRS is mandatory if the employee's position normally requires them to work at least 1,000 hours per year. Through payroll deduction, employees will contribute seven (7%) percent of their gross income and the City will contribute approximately twice that amount, depending on actuarial needs. The employee contribution is 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, TMRS provides an occupational disability retirement regardless of whether the age or service requirements have been met. 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. If an employee's employment with the City terminates and he/she is not eligible to retire or not vested in the retirement system, the employee's retirement contributions may remain in an inactive account no longer than five years. An employee must apply for a refund of his/her contributions before the end of the five years from the time of termination. The refund includes the employee's contributions as well as any accrued interest. Longevity. This policy applies to city employees employed full time 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 Page 25 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook follows: Number of whole months since last pay (November), which equals the amount to be paid. An employee who leaves the service of the City of West University Place must have worked through the fifteenth (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, which provides free, confidential and professional assistance to help the employee and their immediate family members. An employee or an employee's immediate family member may contact the EAP directly. The City is not advised of any self-referral. There is no charge to you or a 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. Tuition Reimbursement, The City of West University Place provides an incentive for employees to improve their skills and upgrade their performance by assisting employees with educational assistance for courses directly related to the essential functions of an employee's present job, or in line with a position that the City believes an employee can reasonably achieve. The availability of tuition reimbursement is subject to City Council approved funding levels and will establish annually as part of the budget process based upon anticipated participation and available funding. Page 26 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook If an employee resigns or is terminated for any reason prior to course completion, the City shall not be obligated to reimburse any part of the expense. An employee who resigns or is terminated less that two years after completion of a reimbursed course must return the monies to the City upon resignation or termination. Such reimbursement will be deducted from an employee's final paycheck. Employees terminated due to a reduction in force shall not be required to reimburse the City for tuition monies received. If an employee is taking a leave of absence for educational purposes, the employee will not be eligible for reimbursement. Page 27 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook VII. 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, an average 53 hour work week. On-Ca//and Ca//back. On-call time is not considered time worked and is not compensable at the employee's regular hourly rate of pay. On-call time is the time outside of regularly scheduled working hours when an employee is designated to be available for callback. The employee is free to pursue personal activities but must respond to summons (paging, telephone, or radio) within the designated guidelines determined by the Department Head. Employees must abide by the guidelines determined by the department head. Employees must abide by the guidelines set in the Drug-Free and Alcohol-Free Procedure. An employee may receive a stipend at the rate determined. 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, 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. Page 28 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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. Nonexempt 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. Emergency Pay. This policy applies to all non-exempt and exempt employees, and is intended to outline the compensation policy for employees when a state of emergency is imminent or has been declared by the City Manager and/or Mayor. This policy recognizes that some emergencies provide no advanced warning. In the event of Disaster Declaration, State of Emergency, and or a long term emergency, all non-exempt and exempt employees that are declared "Essential Personnel" and are required to work the duration of the event, will be eligible for overtime at the rate of 1.5x their regular hourly rate of pay for actual hours worked. By providing for the payment of overtime for exempt personnel during a declared emergency, the City in no way has waived or altered the 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 Authorized Leave for the day(s). 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, provided the service level to the community can be adequately maintained. Employees working a 9/80 schedule will have a workweek defined as beginning on Friday at 12:00 p.m. (noon) and ending on Friday at 11:59 a.m. Fire Department personnel have a workweek consisting of an average of 53 hours per week, based on 24-hour shifts with 48 hours off between shifts. Days off and shifts may change to meet the business needs of the organization. For Shift Fire personnel, the work cycle begins at 6:30 a.m. Page 29 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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 comp time, are responsible for notifying their immediate supervisor 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, employees are expected to work overtime hours. 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, 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. Employees are expected to work overtime hours if directed to do so. No overtime hours are to be worked without prior supervisory approval. Waiver Prohibited. The requirement that overtime must be paid after 40 hours a week or average 53 hours for shift fire personnel may not be waived by agreement between you and the City. Overtime and Absenteeism. If, during a regular work-week, an employee works in excess of 40 hours, average 53 hours for shift fire personnel, the employee will be compensated in cash 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 afterthe employee has physically worked 40 hours during a regular workweek, average 53 hours 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. 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 Page 30 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook seven minutes or less, that time is considered incidental and will not require compensation. Overtime pay will begin the eighth minute and will be calculated in 15 minute intervals. Employee Responsibility. It is the employee's responsibility to comply with department work schedules and to avoid work that is unscheduled or unauthorized. Page 31 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook VIII. Recording Time Recording Time. Non-exempt employee positions shall record each workday separately with respect to hours worked. Any hours worked outside of a normal workweek schedule must be recorded on the timesheet applicable to each workday. As set out above, any overtime must be approved in advance in writing by a supervisor. If an employee leaves a work site periodically during the workday for personal reasons the employee shall reflect the lost time on time sheets (i.e. vacation, sick leave, compensatory time, etc.). Hours must be recorded in increments of .25, (i.e..25, .50, or.75). Exempt position employees work at the discretion of the City Manager or Department Head and may be required to work hours in excess of the normal workweek. Exempt positions are not eligible for overtime payment or the accrual of compensatory time. However, while not required by law, the City of West University Place exempt employees may be allowed reasonable time off to compensate employees for an unusual number of hours worked. An exempt employee may not "accrue" work leave hours and may not receive additional compensation for any work beyond the normal workweek. This is not intended to be hour for hour and no entitlement is intended to be created by this policy. Shift Firefighters. Certified Fire Department shift personnel will work an average of 2,756 hours per year, which averages 53 hours per week. Fire shift personnel are regularly scheduled to work between 24 - 72 hours per week and operate on a 14-day work period. Fire shift personnel will be paid an additional on-half times the regular rate for each hour worked in excess of 108 hours in any given work period pursuant to 29 U.S.C. § 207(k). Falsification of time records violates the Texas Penal Code and City policy and shall be grounds for disciplinary action up to and including termination. Rest& Mea/Periods. The Fair Labor Standards Act does not require an employer to provide break/rest periods. The City of West University Place, however, may allow two 15 minute rest periods, which may be provided each day and are to be taken within the work area. The supervisor is responsible for scheduling breaks to ensure continuity of workflow and adequate representation of personnel throughout the entire workday. The meal period shall be 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 Page 32 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook and cannot be stored or banked. Schedules for Police and Fire Department personnel, shall be established by the respective Chief. Holiday and 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. 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 promptly submit a complaint to Human Resources 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. Page 33 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook IX. Attendance & Leaves Attendance. The City of West University Place is committed to providing an equitable and fair attendance and leave policy so that employees understand their responsibility to be at their place of work according to their established work schedules, which, insofar as possible, shall be uniform within occupational groups and shall be determined in accordance with the needs of the City and the reasonable needs of the public. The City recognizes that employees need leave for a variety of reasons and that a fair and equitable leave policy ensures the City's commitment to maintaining a high performance organization that optimizes the use of its human resources. The City depends on its employees to be at work as scheduled and regular attendance is an essential job function Employees are expected to report for work, mentally and physically able and willing to perform the essential functions of their jobs. The City, of course, will provide reasonable accommodations 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, The normal workweek for City employees shall be 40 hours or average 53 hours for Shift Fire personnel. Since certain departments must operate seven days per week, some employees may be required to work during any day of the week on a regular schedule. The specific arrangement and adjustment of the hours of the workweek shall be the function of the department director and the city manager. Emergency CondNon& 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 Departrnent Head or their designee. Once a State of Emergency is declared, employees who are absent, employees who leave early and employees who do not report to work after the City Manager determines it is safe to return to work will be required to complete and submit to Human Resources, Essential Personnel Absence documentation. The Emergency Operations Manual and Departinental Operating Procedures spell out specific details for employees to follow during an emergency situation. Employees who are absent without the appropriate authorization are subject to the appropriate disciplinary action, up to and including termination. Page 34 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Holidays The following paid holidays will be observed, although certain employees may be required to report for duty: New Years' Day; Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Day following Thanksgiving; Christmas Day; An additional Christmas holiday; and One "floating holiday", (after a minimum of six months of employment) which must be scheduled and taken during the calendar year and shall not be subject to carry-over or payment if not used. 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). 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 at the beginning of each quarter (January, April, August & 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. Vacation Leave. Vacation leave credits for all full time employees shall accrue as follows: ♦ Four (4) years of service or less - 6.667 hours per month (10 days per year); ♦ At the start of the fifth (5) year of service, but fewer than 12 years of service - 10hours per month (15 days per year); ♦ At the start of the twelfth (12) year of service - 13.333 hours per month (20 days per year). Page 35 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Employees classified as shift Fire Department personnel shall accrue as follows: ♦ Four (4) years of service or less - 10 hours per month (10 days per year); ♦ At the start of the fifth (5) year of service, but fewer than 12 years of service - 15 hours per month (15 days per year); ♦ At the start of the twelfth (12) year of service - 20 hours per month (20 days per year). Employees classified as 3/4 time employees shall accrue as follows: ♦ Four (4) years of service or less - 5 hours per month (7.5 days per year); ♦ At the start of the fifth (5) year of service, but fewer than 12 years of service - 7.5 hours per month (11.25 days per year); ♦ At the start of the twelfth (12) year of service - 9.999 hours per month (15 days per year). Provisional employees, will accrue vacation during the provisional period, but will be eligible to use such vacation leave only upon completion of six months of service. If the provisional employee is separated prior to regular employee status, no vacation accrual shall be credited. 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 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. You may accumulate credits up to the maximum amounts as follows: ♦ Fewer than four years of service Page 36 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook All full time employees-- 160 hours (20 days) Shift Fire Department personnel - 240 hours (20 days) 3/4 time employees -120 hours (15 days) ♦ More than four years of service, but fewer than 12 years of service All full-time employees 240 hours (30 days) Shift Fire Department personnel - 360 hours (30 days) 3/4 time employees - 180 hours (22.5 days) ♦ More than 12 years of service All full time employees 320 hours (40 days) Shift Fire Department personnel - 480 hours (40 days) 3/4 time employees - 240 hours - (30 days) If you reach the maximum amount of vacation credit, no additional time will be credited until the vacation time is used. Accrued vacation will be paid upon separation. The effective date for separation refers to the last date which you actually worked. Sick Leave. Sick leave with pay shall be granted when you have a physical incapacity not incurred in the line of duty; a personal or immediate family member illness; or enforced quarantine. Sick leave time begins the first working day of the illness. Leave will be without pay if no sick leave, vacation, compensatory or personal-time is available. The City depends on 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. Messages left with non-supervisory personnel will not be accepted. When the employee returns to work after absences of three (four days for Shift Fire personnel) or more days he or she shall be required to provide a limited a doctor's certification that confirms that the employee's absence constituted and appropriate use of sick leave. Department directors who have reason to believe that sick leave has been abused may request such certification when an employee has been absent for less than three days. Abuse of Sick Leave. The frequent claiming of sick leave benefits may under certain circumstances constitute grounds to believe that an employee's physical condition is below that required to perform the essential functions of his or her job. Page 37 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Evidence of malingering 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 nine days per year. All employees not classified as shift Fire Department personnel shall accrue sick leave at a rate of six hours for each month of service, with no limit to accumulation. For shift Fire Department personnel, the accrual rate shall be nine hours for each month of service. 3/a time employees shall accrue six days per year at the rate of 4 hours for each month of service. Upon separation from the City, you will be paid for up to 90 days of accrued sick leave credit if you are eligible for service retirement through TMRS. In the event of the your death, the City will pay up to 45 days of accrued sick leave to your designated beneficiary. Sick Leave Incentive Program. The sick leave incentive program is designed to reward employees for good attendance by annually converting a portion of their unused sick leave into vacation, if the employee elects to convert sick leave to vacation. All full-time employees who have completed 12 months of service with the city and are in "good standing" (have 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. r. 0 days taken 3 days U toll/2days 2days More than 1 1/2 days and u to 3 days 1 day More than 3 days 0 day NOTE: For all employees the conversion shall be based on the employee's scheduled workday. 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 a catastrophic illness or injury and have exhausted all accrued sick and annual leave balances. Contributions to the bank must be in hourly increments and may be contributed from any unused leave accrual. The maximum number of sick leave hours Page 38 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook an employee may donate in a 12-month period is 16 hours. Other 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 hours that a single employee may receive through the Sick Leave Bank is 400 hours per incident. 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 extended leave of absence for a period in excess of three months. In an extended leave of absence, the employee shall pay all health insurance or other premiums. 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. Up to three days Page 39 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook of paid leave may be granted upon the death of a family member, i.e., sibling, in-laws, grandparents or any relative living in the same household. Depende&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. Page 40 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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 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 establishes rules that apply to employees enlisted in the United States military reserves or the Texas National guard who voluntarily or involuntarily take military leave, whether for training or active duty, 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. Page 41 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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 position or similar position to on which the employee 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 (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©, 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. Page 42 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook Absence without Leave. If you are 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 or 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. 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. Famiiy& Medical Leave Act. All eligible City of West University Place employees are entitled to the protection offered by the Family and Medical Leave Act of 1993 (the " FMLA'~, 29 U.S.C. 2601, as amended et seq. and the regulations adopted there under. An employee who has been employed by the City of West University Place for at least 12 months and has worked at least 1,250 hours during the 12 months immediately prior to the leave, shall be 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 giving as soon as possible. City of West University Place reserves the right to retroactively designate leave as FMLA if the leave qualifies under the FMLA regulations. Page 43 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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 and vacation. 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 their terms and conditions of employment. The time during which an employee is on FMLA leave shall not be counted for purposes of any department's attendance policies. Page 44 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook X. Disciplinary Actions It is the intent of the City of West University Place to compensate its employees fairly; to make all reasonable provisions for their safety and health; to provide adequate instruction, direction and equipment; and to treat all employees with dignity and respect. All employees are expected 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 of West University Place encourages the use and application of progressive discipline whenever practical. Accordingly, mild disciplinary action may be taken when an employee first has problems with attendance, work performance, or conduct that is disruptive or inappropriate in nature. If the employee fails to correct the problem or develops other problems, more severe disciplinary action shall be taken. Using progressive discipline in such a manner maximizes an employee's opportunity to correct problems. By providing for the possible use of progressive discipline, however, the City in no way has waived or altered the "At-Will" nature of employment with the City, nor does it preclude or inhibit the City from exercising its right to impose severe discipline, including immediate termination of an employee, whenever such 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 Heads 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: 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. Page 45 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 3. Indifference Toward Work a. Inefficiency, negligence, loafing, carelessness, leaving work without permission, excessive use of City time for performing personal business during work hours, abuse of eating or rest periods, sleeping (other than designated times for Fire Shift personnel) or 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. Failure to promptly report damage to City equipment or property of others. 5. Insubordination Willful failure or refusal by an employee to perform assigned work or to fully comply with lawful instructions or orders from a supervisor or other appropriate manager. Subordination may also include the use of abrasive language and displaying hostility in response to supervision and/or the refusal to submit to corrective action or performance improvement as required by a supervisor. The following procedures apply in the event that an employee questions an order given by a supervisor. a. If an employee believes that the instruction or order is improper, the employee should obey the order or instruction and question the order later in a responsible manner. 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. Page 46 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 6. Violation of Safety Rules a. Improper removal of safety guards (e.g. fire extinguishers); failure to use safety equipment; failure to follow safety practices rules, which includes failure or refusal to 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; smoking in prohibited areas. Dishonesty a. Misuse of City property or funds; unauthorized charges against the City's account. b. Falsifying or altering City documents. c. Any falsification action detrimental to the City; cheating; lying to any City official or member of City Management, including the immediate supervisor. d. 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. 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 of Services a. Careless, negligent or improper use of property or equipment; b. Abuse, misuse, deliberate destruction, abandonment, or damaging of property, tools, facilities, or equipment belonging to other employees, citizens or the City. 10. Sabotage a. Deliberate damage or destruction of City equipment or property; advocacy of, or participation in unlawful trespass or seizure of City Page 47 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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. 12. Disqualification from operating city vehicles 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. Page 48 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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 in compliance with FLSA regulations. 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 Head 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. The employee must appear at the time indicated to give a verbal response to the proposed disciplinary action but he or she also may submit a written response. If the Department Head receives information from the employee that may affect the disciplinary action, the Department Head should consider the proposed discipline in Y 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 Heads must follow procedures outlined by Human Resources in connection with any planned or actual disciplinary actions. An employee may appeal a suspension, involuntary demotion, or termination that results in a loss 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 counseling or reprimands. 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 Heads and appealing employees must follow procedures and timelines outlined by Human Resources for the Disciplinary Action Appeals process. Page 49 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook 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. 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. 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 economy campaigns, reorganizations 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. Page 50 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook XI. Complaints Open communication between an employee and his/her supervisor is encouraged. If an employee has a complaint or suggestion about any aspect of his or her work at the City, including but not limited to, any work rule, work-related decision, promotion, promotion procedure, safety condition, work condition, treatment at work, or violation or any City policy or procedure, the employee should talk directly to his or her immediate supervisor or department head. If the Supervisor or Department Head is not responsive or if the employee is uncomfortable discussing the matter with them the City encourages employees to contact either Human Resources or the City Manager. Page 51 Personnel Policies and Employee Handbook Effective: January 1, 2009 City of West University Place Personnel Policies and Employee Handbook NOTES, ADDITIONS & CORRECTIONS Page 52 Personnel Policies and Employee Handbook Effective: January 1, 2009