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HomeMy WebLinkAbout2015 Personnel Policies 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 PoliWs 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 I 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. The City Council appoints the City Manager to administer the day -to -day operations of City government. The City Coundl recognizes that delegatlon of authority is appropriate Page 1 Personnel Policies and Employee Handbook ERectiae: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook when the delegation will enhance the effectiveness and efficiency of the City operations without risking the integrity of the internal control necessary for accountability to protect the City's interests. This policy is established to define the scope and limits of policy setting authority delegated to the City Manager for such administration. City Council delegates expressed authority to the City Manager for the following: • To adopt compliance policies that are consistent with federal, state or local laws with which the City is required to comply. These legal authorities may also include guidance from federal, state or local enforcement agencies. • To adopt policies that are geared toward maintaining a productive and efficient workforce, including for example the use of social media and the Internet, or safe driving policies. • To clarify existing policies and correct grammatical or typographical errors, which do not change the intent of existing policies. The City Council shall, however, approve any policy which directly or indirectly encumbers or exposes the City to financial liability in any way such as changing or adding benefits that have not been expressly approved by Council. In addition to the policies outlined in the City's Personnel Policies and Employee Handbook (Handbook), it is the prerogative of each Department Director to develop and implement standard operating procedures, guidelines or geneml 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 summarired from laws, rules, plans, insurance policies and other official documents which actually control specific matters. These official documents take precedence over this Handbook in all cases. The Human Resources representative is responsible for providing access to the official documents during normal working hours. It Is the City's Policy to fully comply for all applicable state and federal law, including any amendments to such law that become effective after this Handbook is adopted by City Council. Accordingly, to the extent protections provided by state and federal law ever exceed those provided in this Handbook for any reason it is the Cip/s Policy to comply with such law as if it were fully incorporated into the City's Handbook. Page 2 Personnel Policies and Employee HandNOk Enative: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook No statements in this Handbook should be interpreted to limit an employee's exercise of constitutional or statutory rights, including the First Amendment right of a public employee, in certain circumstances, to speak as a citizen addressing matters of public concern. On the other hand, statements that are prohibited by the Political Activity policy or that are made pursuant to an employee's official capacity or in connection with his or her official duties as a City employee may be restricted by the City and, under some circumstances subject the employee to discipline. Nothing in this Handbook should be interpreted as limiting an employee's rights under Me National tabor Relations Act or prohibit discussions among employees outside the workplace concerning work terms or conditions. Any employee with a work - related concern or complaint is encouraged to express such concems and /or complaints through the various complaint and grievance procedures provided in this Handbook. It is your responsibility as an employee to read, understand and comply with all policies, procedures, guidelines and practices of both the City and individual departments. Page 3 Personnel Police and Empbyee Handbook ERective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook This version of the Handbook supersedes all prior versions issued by the City. This Handbook was approved by the City of West University Place City Council by Ordinance Number and became effective on January 1, 2015. MISSION: The City of West University Place is committed to enhance the quality of life in the community by a commitment to excellence in the calvary of public services. As "Good Will Ambassadors" for our City, employees consistently demonstrate the City's guiding values of: Superior Service: Taking pride in the service that you provide and the products that you produce Caring about the needs of the customer— listening to their needs; Giving valued service to customers — they feel their tax dollars are well spent and taking time to explain your decisions or actions; Providing services in a personal, customer - friendly manner — being courteous and polite; Following up on your commitments. 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 Ume and within or under budget; Providing reliable, valued services and products. Initiative: Taking the lead; Taking calculated risks; Being self - motivated; Anticipating and solving problems; Identifying opportunities for improving services and products; Page 4 Personnel Polices and Employee Hantlbook EFechw: lanwry 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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 derision 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 deparbnentil goals; Communicating in a dear, objective and direct manner; Supporting official decisions and actions; Knowing your team role, being an active, productive team member, Working together with others, ask "who needs to be involved ". Page 5 Person il Polices aM Employee HaMlmk EReYiwi: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook II. Recruitment& Employment Equal Empbyment Oppmburi The City of West University Place is an equal opportunity employer. The City does not discriminate against qualified applicants or Its employees in is employment policies, practices and access to its services. Title VII of the Ovil Rights Act of 1967, as amended, and other federal dvil rights laws, prohibits disoimination 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, rational origin, marital status, disability or on the basis of genic infomration. The CM will not allow Illegal discrimination in the workplace and conduct found to violate the Citys pd'eies relating ro discrimination and hamssmet may lead to discipline, up to and including terinabon. With respect to Otmnal History Records, in determining the eligibility or the disqualification of a candidate from employment based on their criminal history background, the City of Wes University Place will consider the nature of the job, the nature and seriousness of the offense, and the length of tme since It occurred. Culpability of any offenses, as shown by conviction, including a plea of no contest or deferred adjurfication, may constitutu grounds for disqualification of employment and/or volunteer opportunities with the City of West UNVes y Place. The City will exerdse careful and sound business judgment when making a ddenimnabon of eligibility or dsqualificadon, which wall be jab related and consistent with business necessity on a basis. Sexual Harass mentand Discrimination. It is the right of all employees to perform their jobs in an environment free from all fors 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 Ad of 1969, 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 explicitty or implicitly a ter or condition of an individual's employment, including hiring, promotion, pay, Page 6 Personnel Policies and Employee Handbook ga lve: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook fringe benefits, job training, classification, referral and other aspects of employment and 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. It is the City's policy to prohibit sexual harassment and discrimination in the workplace and this policy covers vendors, customers and/or others who enter our workplace as well as all employees. Harassment amYAnH-Wpience Wvvnksiace. The City prohibr s and will not tolerate employee conduct that is harassing, intimidating, threatening or violent, including, but not limited to: inappropriate or harassing comments, jokes, references, or mannerisms; threats of violence; physical challenges to fight; stalking; inappropriate or harassing physical conduct; attempted assault or assaulting of fellow employee(s), vendors, customers and /or or any others who enter our workplace. Employees should make any complaint that they may have under this policy through the City's complaint procedure. Any employee found in violation of this policy will he subject to disciplinary action, up to and including termination. Oniiim Harassment. Consistent with the spirit and intent of the Sexual Harassment and Discrimination Policy and the Harassment and Anti - Violence Workplace Policy mentioned above, the City will not tolerate harassing, intimidating, threatening or violent employee conduct or behavior by an employee that creates intimidating, hostile or offensive environments online or through electronic means. The City prohibits such conduct whether It occurs at work or outside of work via social media, including but not limited to chats, Twitter, message boards, blogs, social networking sites such as Facebook or Unkedin, instant messaging, avatars, sport, redirected or automatic linking, popups, or other Internet sources or through electronic means such as text messages, email messages, voicemaii messages, or images relayed on cell phones, computers, or tablets when they are directed toward, or concern a City employee, City representative or when they create a harassing or intimidating environment at work. These forms of harassment commonly referred to as online harassment, cyberstalking, cyberbullying, or textual harassment are prohibited to the same extent as prohibited in- person conduct or comments described in the Sexual Harassment and Discrimination Policy. The sending of offensive messages, humiliating comments, threats, or erotic pornographic, or lewd images or recordings by City employees to or about any other employee or representative, whether on City- provided equlpmer¢ or otherwise, constitutes a violation of this policy. An employee who suspects he or she has been subjected to online harassment should save a copy of the harassing material and forward the material together with his or her complaint under the City's complaint Page 7 Personnel Polities and Employee Handbook Effedive; January 1, 2015 City of West University Place Personnel Policies and Employee Handbook procedures. Any employee who violates this policy will be subject to disciplinary anion, up to and including termination. Additionally, employees should be aware that Section 33.07 of the Texas Penal Code states, in part: ONLINE IMPERSONATION: (a) A person commits an offense if the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to: t. to create a web page on a commercial social networking site or other Internet welhate; or 2. post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program. (b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication Nat references the name, domain address, phone number, or other item of identifying information belonging N any person: 1. without obtaining the other person's consent; 2. with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and 3. with the Intent to harm or defraud any person. Any employee found in violation of this policy will be considered to have violated the City's policy concerning online harassment and will be subject to disciplinary action, up W and including termination. Americans with Disabiiitiar Act. It Is the City's policy to prohibit discrimination on the basis of disability in employment and in connection with the admission to or access to City- provided services. The Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (ADA), as amended, and the ADA Amendment Act of 2006, prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and any other terms, conditions or privileges of employment ADA Accommodation Poiiry. The City is committed N complying with all applicable provisions of Me ADA. It is the City's policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual's disability or perceived disability so long as the employee can perform the essential functions of the job, with or without reasonable accommodations. Consistent with this policy on nondiscrimination, the City will provide reasonable accommodations determined through an interactive process, to a qualified individual with a disability as defined by the ADA, who has made the City aware of his or her Page 3 Pemnnel Mores and Emp" Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook disability and /or need for accommodation, provided that such accommodation does not place an undue hardship upon the City. An employee with a disability who believes that he or she needs a reasonable accommodation to perform the essential functions of his or her job should contact Human Resources. The City encourages individuals win disabilities to make the City aware of any disability and to request a reasonable accommodation. Procedure for Requesting an Accommodation. Accommodation requests will be evaluated on a case- by -mse basis through an interactive process. In response to an accommodation request, a member of Human Resources and the employee's supervisor will meet with the employee to discuss and identify the precise limitations resulting from the disability and the potential accommodation that ne City might make to enable the employee to perform the essential functions of his or her job. In the event that the employee seeks accommodation but is unable to suggest an appropriate accommodation, the City may consult with outside agencies and organizations to Identify reasonable accommodation options for the specific situation. The City will determine the feasibility of the requested accommodation considering various factors, including, but not limited to, the nature and cost of the accommodation, the City's overall financial resources, and the accommodation's impact on the operations of the City and the individual department and /or division, including its impact on the ability of other employees to perform their duties and on the City's ability to conduct business. The City will inform the employee of its decision on the specific accommodation request, any alternative accommodation proposed, or how to implement the approved accommodation. If the accommodation request is denied, the employee will be advised of the right to appeal the decision to the City Manager by submitting a written statement explaining the reasons for the request, within five (5) business days. If the request on appeal is denied, that decision is final. If an employee's circumstances or needs change, he or she may restart the interactive process and request a reasonable accommodation, even if an earlier request has been denied. The City does not need to provide an accommodation if doing so would cause an undue hardship, meaning the accommodation is unduly costly, extensive, substantial or disruptive or would fundamennlly alter the nature or operation of City business. The ADA does not generally require the City to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items at the Ciws cost (i.e. eyeglasses, hearing aids, wheelchairs, etc.). Page 9 Personnel "ides and Empbyre Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Employee's who fail to return to work after the conclusion of an approved leave, including any extensions of leave granted as a reasonable accommodation, shall be regarded as having voluntarily resigned their position. Complaint procedures. The City is committed to a work place free of discrimination and harassment. Any employee that is subject to, is a witness to, or becomes aware of any conduct that might be considered discrimination or harassment of any employee must immediately report the incident to their immediate supervisor and /or Human Resources. If a supervisor is notified of a complaint, he or she should immediately notify Human Resources. If the supervisor is the person engaging in the alleged conduct that is subject to complaint, the employee should report the conduct to any other supervisor and /or Human Resources. The following steps should be followed to complain: 1. Human Resources and /or the supervisor will conduct an Investigation when appropriate. When appropriate, local law enforcement officials will be involved to ensure the safety of employees. 2. If it is determined that discrimination or harassment did occur, the City will take prompt corrective action to end the harassment or discrimination, return any lost benefits or opportunities to the employee, restore a proper work place environment, and discipline the harasser. The discipline or corrective action taken, which may include discipline up to and including termination, will reflect the seriousness of the incident. Complaints made in good faith will in no way be held against an employee. However, the misuse of the complaint process may result in the appropriate disciplinary action, up to and including termination. The City will not tolerate retaliation of any kind and in any manner. This protection extends not only to individuals who complain about unlawful harassment and /or activities, but also to those who serve as witnesses or participates in investigations under this policy. Confidentiality will be maintained as much as possible regarding complaints of unlawful harassment However, absolute confidentiality cannot be promised as complaints may be disclosed during the course of the investigation, but only to those who need information to conduct an investigation and /or take corrective action. Fraud Polity. The City is committed to protecting its revenue, property, Information and other assets from any attempt, either by members of the public, contractors, vendors, volunteers, or its own employees, to gain by fraud or deceit, financial or other benefits. It is everyone's responsibility to report any possible fraudulent activity or Page 10 Personnel Policies and Endo" Handbook EfRRlve: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook irregularity. The City will make every reasonable effort to identify and promptly investigate all instances of known or alleged Instances of fraudulent activities or other fiscal irregularities. When suspected fraudulent incidents or practices are observed by or made known to an employee, the employee shall report the incident or practices to their supervisor. If it is inappropriate to report the incident to the supervisor or if an employee is uncomfortable reporting the Incident or practices to the supervisor, the employee may report it to their Department Head or Human Resources. Unless there is a conflict of interest, the respective Department Director has the primary responsibility for the investigation of all suspected fraudulent acts as defined in the policy. If the City determines that fraudulent activities have occurred the Department Director will issue a report to the appropriate designated personnel and, if appropriate, to the City Council. If, during an administrative investigation of an employee, information is found or developed indicating the employee may have committed a criminal offense, the information will immediately be referred to the appropriate law enforcement agency for investigation. The City will take appropriate disciplinary and /or legal actions against employees or others found in have violated this policy, Including possible termination of employment, restitution, and disclosure of available information to the appropriate authorities for criminal prosecution. Fraud will not be tolerated and will be appropriately dealt with regardless of the individual's past performance, position held, length of service, or relation to the CO. Additional information is contained In the And -Fraud Procedures. MAWablorveer. The Crys policy is to comply with the Texas Whistleblower Act, and accordingly the CM prohibits suspending, terminating, or taking other adverse personnel action against a City employee because he or she has in good faith, reported a violation of the law by the City or one or more of its employees to an appropriate law enforcement authority. Employees are required to promptly report any violation of this policy to the Human Resources Department under the City's complaint policy in Section 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 Public Information Act. While the Texas Public Information Act requires that many of the documents and much of the information collected by the City Is Page 11 Personnel Pollux and Employee Hanoi Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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 10 day after the Initial date of employment, if this information is to be available upon public request or to remain confidential. Employees are required to comply with the Texas Public Information Act as it relates to their respective department and job, Including but not limited to records retention, e- mail, e-mail addresses, among other documents and Information. Drug Free and Akai 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 X acohol on the job is prohibited. Further, employees are prohibited from working under the influence of illegal drugs, alcohol, or any other substance which could impair an employee's ability to safely and effectively perform the function of his /her job. The City prohibits the manufacture, distribution, dispensation, possession, sale or use of illegal drugs, Intoxicants by employees at any time on or off duty. Ensuring that while on duty for or acting on behalf of the City, while wearing a City uniform and /or in a City vehicle, while on City premises, that employees will not be impaired by alcohol, Intoximnits or have Illegal substances present in their systems. Employees will be subject to drug and alcohol testing when a supervisor has reasonable suspicion of drug or alcohol use; after accidents which cause damage to a City vehicle or another vehicle, or property regardless of how minor, when returning to duty as a result of self - referral; during follow -up after a determination that the employee was in need of assistance in resolving drug or alcohol problems; when an employee Is promoted to a safety - sensitive position; or when chosen for random testing if an employee works in a safety- sensitive position. Employees are not permitted, under any circumstances, to operate a City vehicle, or a personal vehicle for City business, when the employee cannot drive safely. This prohibition includes circumstances in which the employee Is temporarily unable to operate a vehicle safely or legally because of illness, medication or intoxication. Tobacco Free Environment. Tobacco use of any kind, including e- cigarettes or similar device, in any City building, facility or vehicle is prohibited. Employees will be aimed 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 IS Meal Period Sectlon of this Page 12 Pemnnel soh es and Employee Handbook ERe¢ive: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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. Additional information is contained in the Tobacco Free Environment Administrative Procedure. Appropriate Appearaace. The personal appearance and grooming of our employees plays an Important role in the perception that the public and customers have of the City of West University Place. Employees are expected to maintain minimum standards of dress, grooming and personal hygiene appropriate for the position and job duties and as necessary to protect the safety of the public and/or other employees. This policy establishes the foundation for the City's dress code policy. In order to maintain a positive public image and to assist employees in determining what Is appropriate, the following guidelines are established: 1. Each employee, taking into consideration their position, shall maintain a professional, appropriate and 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 tom. Employees whose position requires them to wear a City approved uniform may not wear jeans on casual Frdays. Note: In all cases, employee's attire is expected to be appropriate for daily activities, meetings or public functions and Casual Fridays may be discontinued or carimped depending on circumstances. Prohibited: 1. Revealing, suggestive, sheer, see - through tops, blouses, or sweaters (unless worn over another shirt). 2. No shirt that allows a bare midriff. 3. T- shirts with advertisement;, political messages, or slogans (unless provided by the City for a specific City/Public event). 4. Revealing, sheer, see- through skirts, pants, shorts, etc. 5. Jeans. Parts made of a heavy denim or jean material. (Exception: Feld Personnel and Casual Fridays). Supervisors may make exceptions to the dress code for certain special projects that may require to ndress down". If worn, jeans must be dean and not faded or torn. 6. Lip, nose, tongue, or any other piercing(s) on a visible part of the body (excluding ears). Page 13 Personnel Pdides and Employee Handbook ERecfl e: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Overalls and shorts (Department Directors may make exceptions for uniformed seasonal wear). Sweats and wind suits. Hair worn in a manner to create a safety hazard, including facial hair. The Department Head may make exceptions with the City Manager's approval. Political Activity. An employee may not endorse a political affiliation and/or candidate for federal, state or local public office while on-duty or permit the display of the City logo or the use of any City equipment or property in support of such candidates. As an employee, you cannot seek or hold an elective office in the City. Upon announcement of intention to seek or assume such office, you must submit your resignation. An employee may not engage in political activity relating to a campaign for an elective public office or a proposition to be voted on by the public while in City uniform, on- duty, or while representing or acting on behalf of the City. For purposes of this policy, political activity includes but is not limited to: 1. Using or granting permission to use his or her job title for political activity. 2. Making a speech to a group or gathering supporting or opposing a candidate or proposition. 3. Distributing information relating to the campaign of a political affiliation and/or candidate or a proposition. 4. Wearing a campaign button while in uniform. 5. Circulating or signing a petition for a political affiliation and /or candidate or proposition. 5. Soliciting votes for a political affiliation and/or candidate or proposition. ]. Using city equipment to promote a political affiliation and/or candidate or proposition. B. Soliciting campaign contributions for a political afftliation and /or candidate or for or against a proposition. 9. Any activity supporting or opposing a political affiliation and /or candidate or proposition expressed in a manner, time or location that may reasonably cause a member of the public to believe such support or position represents a position of the City. 10. Any activity supporting or opposing a political affiliation and /or, candidate or proposition expressed in a manner, time or location that disrupts or Interferes with the operations or effectiveness of City operations. Page 14 Personnel Policies and Employee Handhook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Outside Employment While employed by the City, regular full -time employees must runty their supervisor before accepting additional employment and are subject to certain restrictions as outlined in the Departmental Standard Operating Procedure /Guideline or General Orders. Employment at the City of West University Place is considered to be an employee's primary employment. Scheduling of outside employment requires prior approval and shall not interfere or conflict with an employee's work schedule or call -back status at any time. The City shall not be responsible to accommodate due to outside employment. Employees who are not able to work their regular work schedule due to injury or illness shall not be approved to continue to work a second job while on workers compensation leave, medical leave and/or while restricted to light duty. With approval, employees may resume second job once they have received a release to return to work in their regular capacity with or without reasonable accommodations. Media Contis t The City Manager, Department Directors and designated Public Information Officer(s) are authorized to serve as liaison to media representatives. A Communications Team may be created and authorized to disseminate information as directed. Members of the City police and fire forces may communicate with the media in the event of disaster, threats to public safety, or other circumstances requiring immediate and specific communications to protect citizens. Other employees are not authorized to make statements on behalf of the City, unless directed to do so by the City Manager or the responsible Department Director in response to specific inquiries, and if so authorized, such responses should provide only routine factual Information relating to the employee's duties. Even under a supervisor's direction, no employee, unless he or she is an authorized liaison, should address the media on behalf of the City concerning litigation, legal opinions or City personnel matters. If an employee receives a media inquiry, the employee should respond that he or she must relay the request to a supervisor and that he or she does not have the authority to respond on behalf of the City to that type of Inquiry. An employee must report any media Inquiry received and response provided to the responsible Department Director. Acceptance of Gigs and Conflicts oflnteznst. 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 W regulate attempts W 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 Page 15 Personnel Polices and Emp" Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook may not hold any position with any business enterprise or governmental unit, which would conflict with the proper performance of the employee's duties or responsibilities. Employees, employee's spouse and minor children are prohibited from soliciting or receiving gifts in any amount unless a specific statutory exception applies. Benefit means any economic gain or economic advantage to an officer or employee or to a relative of an officer or employee, but does not include: a. political contributions made and reported in accordance with law. b. Awards publicly presented in recognition of public service. C. Gifts or other tokens of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official opacities. 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 Citys governing body or another City officer, whether elected, appointed, paid or unpaid, shall disclose their interest in a business entity as required and described as 'substantial interest" in Chapter 171 of the Local Government Code. A person has a substantial interest in a business entity if: a. the person owns 10 percent or more of the voting 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; In. 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 ti the interest is an equitable or legal ownership with a fair market value of $2,500 or more. page 16 Personnel Polities and Employee Handbcuk Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook A local public official is considered to have a substantial interest if a person related to the official in the first degree of consanguinity or affinity, as determined under Chapter 573 of the Government Code, has a substantial Interest. Right to Search and Inspect. City employees have no reasonable expectation of privacy with respect to the contents of any property that they bring to work on City property. The City reserves the right to question all employees and all other persons entering and leaving City property and to inspect, with or without prior notice, any City vehicle, package, parcel, purse, handbag, briefcase, lunch box, electronic device of any kind Including but not limited to: any personal or City issued cell phone(s), recording devices, I-Pad, laptop, or any other personal possession or article on City property. In addition, the City reserves the right to search any office, desk, file, computer, locker or any other area or article owned by the City. In this connection all offices, desks, files (including electronic or computer files), computers, lockers, vehicle and any other piece of equipment or furniture are property of the City and are issued for the use of employees only during 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. Employees should never bring to work and/or store at work personal items that he /she would not be prepared to show and possibly turn over to City officials and /or law enforcement authorities. An employee who interferes with a search or fails to cooperate in allowing a search conducted under this policy, Including giving access to City property as directed, may be subject to discipline, including termination of employment. Nepotism (Employment ofRelati niiii An applicant may not be hired as employee if that Department already employs a person who is a "family member of the applicant as defined below. A "family member' for the purposes of this policy means a person who has one (1) of the following relationships to an employee in the department: 1. Husband, wife, son, son -in -law, stepson, daughter, daughter -in -law, stepdaughter, father, stepfather, father -In -law, mother, mother -in -law, stepmother, brother, brother -in -law, sister, sister -in -law, grandfather, grandmother, grandson, granddaughter, niece, nephew, aunt, uncle and /or former family members (sometimes referred to as an "ex'); or 2. Non - married co- habitants, roommates and /or signifeant others who live in the same household and /or who are economically dependent on one another. Page 17 Personne Policies and Employee Handbook ERerl January 1, 2015 City of West University Place Personnel Policies and Employee Handbook If an employee becomes a family member of another employee who works in the same department, such employee may not be promoted to any position that has any supervision or authority over the other family member either directly or through the chain of command. If a supervisor becomes a family member of any employee under his or her supervision or authority, either directly or through the chain of command, and neither the supervisor nor the employee /family member voluntarily resigns or Is transferred to another available position for which he or she is qualified, within 60 days of the data on which the employees became family members, the employee with the least amount of consecutive service time with the City immediately poor to the data on which the employees became family members, Is considered to have automatically resigned his or her position of employment on the 61° day following the date on which the employees became family members. The City may not appoint to any office, position, clerkship, or service to the City any applicant who is related to a member of the Executive Team, a Department Head, the Mayor or a member of City Council within the second degree of affinity, (a relationship created by marriage and within the first and second degree includes: spouse, mother - In -law, father -in -law, sister -in -law, brother -in -law, daughter -in -law, son -in -law, grandparent - In-law, grandchild -in -law, uncles and aunts by marriage), or within the third degree by consanguinity (a relationship created by birth and within the first and second degree includes: grandparents, parents, brothers, sisters, children, grandchildren, aunts and uncles and within the third degree includes: nieces and nephews, great - grandfather, great - grandmother, great - grandson, great- grand- daughter). WorBplave Relationships Managers and supervisors are prohibited from engaging in a dating, romantic and /or sexual relationship with subordinates within their direct reporting chain or for whom the manager or supervisor has authority to determine job assignments, pay or promotions. Managers and supervisors are expected to conduct themselves in a professional manner and to discuss any concerns about potential violations of this policy with Human Resources. Romantic, sexual or dating relationships with co-worker peers are normally discouraged, but, If such a relationship develops during employment, the City expects that the employees involved will act in a professional and businesslike manner a[ all times within the workplace. Use of CYtyproperty. City facilities, equipment, supplies and other City resources are made available to help employees perform their job duties and not for their personal use. The City, however, recognizes that under certain circumstances the employee's occasional brief use of City tetephones, computers, facsimile, e-mail, copiers, Internet, and similar resources for personal use may be necessary or beneflaal to the City. The Page 18 Personnel Policies and Emp" Handbook Efecbve: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook City may establish separate procedures governing the use of specific equipment. An employee that violates this policy, with excessive use of City equipment for personal use, shall be subject to disciplinary action up 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 with respect to their use of the System even if for pennitted personal use. Employees must recognize that it is within the capabilities of the System to recover previously deleted material at any time and such recovered material remains the property of the City. All employees are notified that information sent, received, and stored on the City's System Is subject to being monitored and recorded at any time. Any information on the System Is presumed to be subject to disclosure, upon request, as public information. Therefore, employees should use discretion in making use of the System to discuss sensitive matters or matters in litigation. The Internet provides West University Place with significant access to and capability for dissemination of information W organizations and individuals outside the City. Misuse of the Internet may expose the City and its employees to civil and /or, criminal sanctions as well as to embarrassment, humiliation and ridicule. Internet use that violates this policy is subject to disciplinary action up to and including termination. Additional Information is contained in the Internet and Acceptable Use Procedures. Soda/ Media. All official use by the City of social media sites or services is considered an extension of the City's Information and communications networks. All City use of social media must be approved by the City Manager or his /her designee and be in compliance with all applicable policies and procedures. The City's Communications Team, which acts as the City's offidal spokesperson, also has responsibility over all aspects of the City's official web presence via social media. The City will maintain one official page per each approved social media outlet, which is to be created, maintained and monitored by the Communications Team. Use of social media must comply with applicable federal, state, and City ordinances, regulations, and policies, as well as proper business etiquette. This includes adherence Page 19 Person d Policies aM Employee HaMbook Ebeaiwa January 1, M15 City of West University Place Personnel Policies and Employee Handbook to established laws and policies regarding copyright, records retention, release of public information, the First Amendment, privacy laws and information security policies established by the City of West University Place. Wherever possible, links to more Information should direct users back to the City's official website for more information, forms, documents or online services necessary to conduct business with the City. Employees using social media for City business purposes or In representing the City via the City's social media outlets must conduct themselves at all times as representatives of the city of West University Place and in accordance with the City's values. The City of West University Place reserves the right to remove any messages or postings for any reason, including those that are disrespectful, distasteful, obscene, and /or in violation of copyright, trademark right, or other intellectual property right of any third party. For the purpose of this policy, social media consists of various online technology tools that enable people to communicate via the Internet to share information and resources including text, audio, video, Images, podcasts, and other multimedia communications and may include but is not limited to: event posting, tenting, photo- sharing, wall postings, video sharing, blogging, Facebook, Flickr, MySpace, microblogging, Twitter, Unkedln, YouTube, and similar platforms. In online social networks, the lines between public and private, personal and professional may be blurred. When a City employee self- identifes as a City employee, he/she is creating a perception about the City. For this reason, content posted online relating to City business, in representing the City or in which the City is identified, must be consistent with the City's values and professional standards and not contain discriminatory remarks, harassment, threats of violence, or similar inappropriate or unlawful conduct. Further, employees may not use social media at any time to divulge confidential or private Information learned through working at the City whether such Information concems other employees, citizens, City officials, or City business. Violations of this policy may lead to disciplinary action up to and including termination. Addibonal information is contained in the Social Media Uses Procedures. E -mail. The purpose of the City of West University Place's e-mail policy Is to establish the rules for the use of the City's e-mail for sending, receiving or storing electronic mail. The policy is designed to ensure compliance with applicable statues, regulations and mandates regarding the management of Information Technology resources; to establish prudent and acceptable practices regarding the use of e-mail; to educate individuals using e-mail with respect to their responsibilities associated with such use. Employees are required to comply with the Public Information Act as it relates to their respective department and job, including but not limited to records retention, e-mail, e-mail addresses, etc. Page 20 Personnel Policies and Employee Handbook Efi tim: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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 cams are not prohibited other than the general prohibition on employees unreasonably using work time for personal business. For quality control and /or other business- related purposes, telephone calls on City equipment may be monitored and /or recorded at any time. Recording. It Is the City's policy to comply with all applicable state and federal laws and regulations pertaining to recording and employee monitoring, whether through audio and/or video monitoring and recording, or otherwise. City employees do not have a reasonable expectation of privacy regarding their use of any City- issued equipment, property or their communication while at work. By way of example only, video and /or audio surveillance equipment has been or will be installed in many City buildings, including the Recreation Center, Colonial Park, City Hall, Police Department, Fire Department, Public Works and the Community Building; some City telephones are equipped W lawfully record calls; calls made to dispatch seeking assistance from the Police Department or Fire Department are recorded; the City has the ability to monitor telephone calls /usage and computer usage; and most City vehicles are equipped with tracking devices using GPS technology, which records vehicle location. City monitoring, surveillance and recording equipment may not be used for personal purposes or in connection with any unlawful conduct. Cellular Phone. The City will own and provide cellular phones and services to qualified and approved City officials. This Includes personal productivity devices that are capable of using the cellular telephone network or WIH (tablet type devices). The City will maintain a single service provider contract from authorized state, local or federal cooperative contracts that offer discounted pricing and a wide range of service plans. Use of any other services provider or contract for City owned cellular phones and /or services must first be justified and approved by the IT Director. In order to maintain standardization and compatibility, the IT Director will set the standard for cellular phone and tablet devices. The standard will be reviewed every two years and technology refreshes will occur as needed. As an ammative to a City owned and provided cellular phone or tablet device, the City Manager may authorize the issuance of a monthly stipend to those City officials he deems to be Critical Decision Makers. The stlpend is Intended to only pay for City Page 21 Personal Policies and Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook related costs incurred on personal cellular phone accounts, and eliminate the need for such officials to carry and maintain separate devices for City business. The stipend is valid as long as the required services (defined in the procedures section) are maintained on the personal account. The stipend is determined by matching the cast of the same or equivalent service offered from the City's official service provider. With the City Manager's approval, reimbursement may be allowed for the initial purchase of the device and technology refreshes every two years thereafter. Reimbursement also includes reasonable accessories including chargers, hands -free devices, protecdve covers and insurance Upon separation from the City, City officials to whom a City -owned device has been issued will be offered to buy -back their device, the cost of which will be determined by the then fair market value. Absent express written permission from the City Manager obtained in advance, employees are prohibited from (1) imaging, scanning, photographing or recording video images of confidential and /or proprietary City information with a personal or City issued phone, camera or any other electronic recording device, (2) imaging, photographing or recording video images in City restrooms, locker rooms, dressing rooms or other areas where individuals dress or undress, (3) disseminating confidential or proprietary information belonging to third Parties in any format An exception to this policy exists for criminal and /or administrative investigations, but any images, photographs, video or other electronic material obtained during a criminal or administrative investigation is property of the City and is considered confidential. Employees in violation of this policy will be subject to the appropriate disciplinary action up to and including termination. City Owned Vehic✓ea. City -owned vehicles may be used only for City business, except as otherwise specifically authorized by department procedure approved by the City Manager. Most City-owned vehicles are equipped with GPS tracking devices. Tampering with and /or disengaging such equipment is grounds for disciplinary action up to and including termination. PGBOn2l Vehicle Use for City Business. The City of West University Place will provide for the appropriate reimbursement to employees for expenses incurred in the use of personal vehicles on City business. In that regard, when an employee uses his or her own personal vehicle for City business are subject to the same safe vehicle operating restrictions applicable to City -owned vehicles, as set out in the Safe Vehicle and Equipment Use policy. Page 22 Personnel Policies and Employee Handbook Eflauxe: January 1, W15 City of West University Place Personnel Policies and Employee Handbook The City will relmburse employees for the use of their personal vehicle for City business at the rate periodically published by the Internal Revenue Service. Mileage reimbursement shall cover only those miles incurred for City business and does not include an employee's normal commute to his /her place of business or any travel associated with an employee's personal business. Reimbursement requests should indicate the points of travel and the miles eligible for reimbursement. Mileage reimbursement requests shall be sent to Accounts Payable on a monthly basis. Safe Vehicie and Equipment Use. It is the policy of the City of West University Place to provide employees adequate tools, equipment and vehicles, when the employee's job requires the use of a vehicle. The City requires all employees to observe safe work practices and lawful, careful and courteous operation of vehicles and equipment, Including the compliance with all federal, state and local rules and regulations. Employees whose positions require the operation of a motor vehicle must, in addition to meeting the approval requirements, exercise due diligence to drive safely, wear seat belts, follow all traffic laws, and avoid distractions while driving, such as using a cellular telephone or entering data on a Mobile Data Terminal (MDT). Employees are prohibited from using City issued or personal cell phone devices while operating vehicles and /or City equipment. This includes receiving or placing calls, text messages, surfing the Internet, receiving or responding to e-mail, or checking for phone messages. If, while operating a City owned vehicle, or while driving a personal vehicle on City business, a City employee finds It necessary to use a device In any manner mentioned above, he /she must stop safely, locate a lawfully designated area to park, secure the vehicle, and then make the call, text or response required. In limited circumstances, the City Manager or the Department Director may approve the use of hands -free devices by employees. Excessive use of City, issued or personal cell phone devices while in City vehicles during work hours is prohibited. Focus should Instead be on providing the Intended City service to the public. Decisions regarding the use of Ctty cellular telephones, electronic paging devices, and wireless personal communications devices which are not explicilly staled herein will be left to the discretion of the City Manager. Department Directors are authorized to administer, provide guidance on, and assure compliance with the features of this policy. Employee's are responsible for maintaining the interior and exterior cleanliness of the vehicle(s) they are assigned. Additionally, employees are responsible for the security of the vehicle and its contents. Page 33 Personnel Policies and Employee Handbook EffeRive: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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 diving record and the appropriate license at all times. - Additional information is contained in the Public Works Operator's Responsibility for Use of City Vehicles and Equipment Procedures. Damage, xg/igence or abuse of City vehicles, equipment andlw property: All employees are required to report both damage m City vehicles and/or equipment, and accidents nivoMng Oty vehicles and /or equipment It is a violation of City policy to fail to promptly report any damage observed on any City vehicle or equipment whether such damage was caused by the employee or not Further, it is a violation of policy to fail to report any vehicle or equipment accidents in which the employee is involved as the operator and for example, strikes an object such as a curb, boulder or other objects whether or not any noticeable damage results. Employees shall always report any such inddents and/or the damage to his/her supervisor and the supervisor shall complete a vehicle accident report within two (2) hours or by the close of business, whirl ever comes first. Employees found in violation of this policy will be subject m appropriate disciplinary action up to and including termination. Page 24 Personnel Policies and Employee ilanafl k ERettive: January 1, W15 City of West University Place Personnel Policies and Employee Handbook 111. Employment Status At -Will Employer. Employment at the City of West University Place is at -will for an indefinite period of time, until terminated by either the City or the employee, with or without cause. That means either party may end the relationship with or without prior notice or cause. No written or oral representation by the City of West University Place personnel will create a contract of employment. No employment practices of the City are intended ro create a contract of employment. No changes in the City's employment -at -will policy will be effective unless executed in writing and signed by both the City Manager and Human Resources Director. No other employees are authorized to alter the at -will nature of employment with the City. Provisional Period. All employees serve an initial six (6) month provisional period, which, in the City's discretion, may be extended for a period not W exceed twelve (12) months. By providing for a provisional period, however, the City in no way has waived or altered the At -Will nature of employment with the City. Pmvisional 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, Vain, 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 the employee's performance meets expected levels, they complete their provisional after six (6) months. If the employee's performance during the provisional period is less than satisfactory, the provisional period may, at the discretion of the supervisor and with approval of the Department 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 comoletina the provisional period, an employee's employment with the City remains will in Full-binge Employment An employee whose normal duty assignment is to work a minimum of 40 hours a week (2,080 hours annually) or an average of 56 hours a week ( 2,912 hours annually) in a full -time shift Fire Service position is eligible for all City benefits. 3& -dme Employment An employee whose normal duty assignment is to work a minimum of 30 hours (1,560 hours annually) in a 3/ time position is eligible for City benefits as defined for a/4 fime employees. Page 25 Personnel Policies and Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Part -time Employment. An employee whose normal duty assignment is to work less than 999 hours per calendar year on a continuous basis is not eligible for any City benefits except those required by law. Seasonal Employment. An employee whose normal duty assignment is to work during a specific period of time per calendar year and is not eligible for any City benefits except those required by law. Temporary Employment. Employees hired directly by the City whose services, regardless of the number of hours worked per week, are intended to be of limited duration (999 hours or less in a calendar year) are classified as Temporary. Employees who are assigned temporary status are not eligible for any City benefits, except those required by law. Employees hired through a temporary agency are not subject to the 999 -hour limitation. Temporary positions are subject to budget restrictions, however. Internship. The City supports internships for the purpose of providing practical application of material taught in a classroom. Summer internships offer short-term opportunities, with no entitlement to a job upon completion, for degree - seeking college students In allow them to obtain valuable hands-on experience to complement their education. The goal of an Internship at the City is for the interns) to gain insight into local government and municipal operations and prepare for future leadership positions. The experience is for the intern's benefit, not the City's advantage, and interns will not be used to displace regular employees. Interns may be asked to complete tasks that enable them to gain job related experience, including tasks not directly related to their course of study. Any paid internships shall be established annually during the budget process and are subject to the availability of funds. Page 26 Personnel Poling and Ernm y Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook IV. Pay Plan It 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 Cit}/s compensation program will provide compensation opportunities (direct pay and indirect pay, career opportunities, benefits, etc.) that are a blend of those offered by its competitors. Each job classification in the organization will be assigned to the pay structure and will have a pay grade defined by minimum and maximum dollar limits. The pay grade defines the pay opportunities for the job. Pay structures shall be reviewed periodically to reflect the organization's changing competitive position, economic conditions, and compensation objectives and shall be subject to the budgetary guidelines established by the City. Additionally, the City recognizes that it is Important to be able to recruit experienced professionals. As part of its overall compensation package, the City Manager or his/her designee may extend employment offers that allow for vacation and /or sick leave accruals in certain positions W be based on a candidate's total number of years of specific iob- related experience or actual number of years of from other sources fnon -TMIIS city credit, county, education, el shall not automatically apply to the ca1 1 i n of the number of years of service for which the candidate is eligible but will be considered on a case -by -case basis. Additionally, in certain circumstances, the City Manager may authorize a one -time vacation leave credit to a candidate's accrual banks based on a candidate's specific iob- related experience . Establishment of Plan. The City Council shall establish the pay plan annually during the budget process, which includes compensation and salary structure recommendations made by the City Manager or his designee. The City has generally adopted a strategy of achieving and maintaining a market - competitive position using established benchmarks. The range mid -point shall be approximately 100% of the 75v' percentile as the designated market average for all employees' pay structures. One of the functions of the budget process is to consider the competing priorities for limited revenue resources. It may be determined that the City's current financial status cannot support the total cost. Converse y, In a poshive financial condition, the City may Page 27 Personnel Policies and Employee Hantlbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook consider Increasing the percentages allotted. Clearly, the financial status will affect both stmcture 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 meat increase to employees with no structure adjustment. Salary Ranges. Each position In the City has a salary range defined by minimum and maximum salary limits and a midpoint. The salary range defines the pay opportunities for the job. The salary ranges and midpoints are to be reviewed and revised to reflect changing competitive positions, economic conditions and compensation objectives. Employees shall not be paid less that the minimum of the pay grade established for their position and increases shall not provide for employee salaries to exceed the maximum of the pay range for their position. The midpoint of the range is equivalent to the average salary paid In the market at the 75" percentile. Employees whose salary is at or above the maximum of their pay grade will be frozen until the structure "catches up" with the individual's rate of pay. Employees at the maximum of their pay range may, with the approval of the City Manager and as provided for in the budget, he eligible for lump sum payments that are not included In the base pay of the employee. The pay described above Is nonrecurring and will not extend beyond the end of the fiscal year in which such pay is authorized. Occasionally it may become necessary for the City Manager to recommend and City Council to approve implementing "premium pay" for a position that has been difficult to fill due to a strong economy. Premium pay means the position will continue to be classified in the same pay range, and a sub -range will be created that is not greater than a 15% Increase over the established salary range for the position. Premium pay Is a temporary increase in pay and shall be recorded as a separate line item on a pay check and may be removed when economic conditions return to a more normal state. The City Council must approve the continuation of any premium pay during each year's budget cycle. 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; Page 28 Per rel Policies and Empowe Handbook Eyemw: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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. Evaiwtion of Perfermamus 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. Pen`ormance -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 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. Step­up 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 - classifed 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. Certiffcate/EducisUen Pay. Certain positions may be eligible to receive certificate pay and /or educational certificate pay. Certificate pay shall be determined annually during the budget process. One of the functions of the budget process is to consider the competing priorities for limited revenue sources. Clearly, the City's financial status will affect certificate and /or educational pay available for each budget year. Page 29 Personnel Polities and Empl t Handbook ERecb e: January 1, 2015 City of West University Place Employee Handbook V. Personnel Moves Succession Manning. The City, recognizing that changes in management are inevitable, has established an informal succession plan to provide continuity in leadership and avoid extended vacancies in key positions. The City's succession plan is designed to identify and prepare candidates for management positions which may became vacant due to retirements, resignations, or otherwise. The City values diversity and seeks to encourage diversity through its succession plan. The City assesses the leadership needs of the organization to ensure the selection of qualified leaders who are a good ft for the organization's mission, goals, values, vision and objectives and who possess the necessary skills for the position. The succession plan Identifies executive and management positions and forecasts future vacancies in those positions and Identifies potential managers for future vacancies. The City reserves the right to groom one or more potential managers for a single vacancy. Participation in the succession planning does not obligate the City to offer an open position to any of those individuals identified during the succession planning process. The City actively encourages the professional development and advancement of current employees so that when possible, vacancies may be filled by selecting from among current City employees. The City may appoint an individual on an interim basis and continue to conduct recruting efforts for a candidate. Temporary coverage of a management position due to an unforeseen or emergency situation also may use the same interim appointment process. In addition, the City desires to encourage a smooth transition when identified executives or managers leave the organization and thus, the City may permit more than one employee to occupy the same position tluring a transition period. The overlap benefits the departing employee and the incoming employee in that the departing employee may formally coach his or her replacement on departmental processes, procedures, and practices. The City Manager may at times re- classify a position as time or part-time to permit the departing employee to provide support to the new executive or manager or to permit the departing employee to continue on a reduced schedule for a set period of time. Pramofions. 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. Page 30 ivraonnel Polfcla aM Employee Hand[ook EakxzV : January 1, 2015 City of West University Place Personnel Policies and Employee Handbook When a non - exempt employee is promoted to an exempt employment status, the employee shall have the compensatory time balance cashed out prior to the effective date of the promotion. Payment shall be made at the employee's ate 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. This sometimes creates compression Issues with other positions. For example a promotion to a public works crew leader position may take an employee's salary higher than other crew leaders with more years of time in position. The City will make an attempt to limit compression whenever reasonable but CANNUT guarantee it will not occur. The City is not obligated to adjust any employee's salaries because of compression. Promotions and Provisional Period. Promotions are subject to a six -month provisional period. If the employee fails to meet the provisional requirements, he /she may return to his /her previous position or a similar position, if a position is available. Lateral Transfer. A lateral transfer is a move from one job postion of equal salary range to another with a job title change only. A lateral transfer will require a six -month provisional period unless it Is a position previously held by the employee. Demotion A demotion occurs when an employee moves from one job position to a position of a lower salary range and, therefore, may result in a lower salary based on the minimum and maximum of the salary range for the position. The employee's salary shall be evaluated and will be reduced accordingly in an effort to prevent compression issues within the salary range. Reorganizations. An employee may be transferred, have a job title change or have salary increased or decreased due to a department or City-wide reorganization. Redassithdations. From time to time, a position may be evaluated for reclassification when the overall responsibilities, supervisory responsibilities and /or minimum required qualifications have increased significantly. Redassifcations shall be requested by the Department Head, approved by the City Manager and paid for by the requesting department, unless the cost has been included as part of an overall compensation study. A change in a process (how the job is done) does not in and of Itself warrant a reclassification. A salary increase for a reclassification is not automatic or guaranteed. Rather, salary will be evaluated on a case by case basis. For example, an employee's salary is already above the minimum of the reclassified salary range. Tide Changes Periodically, a job title change may be warranted to more accurately reflect a job and Is more reflective of the market tithe for a position. A change in title Page 31 Personnel Polices and Employee Handbook Effective: January 1, MIS City of West University Place Personnel Policies and Employee Handbook without significant changes in responsibilities, supervisory responsibilities and /or minimum required qualifications may not warrant a reclassification. Title changes shall be requested by a Department Head and reviewed by Human Resources for consistency throughout the organization prior to being submitted to the City Manager for approval. Reduction -in- forte. 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 W resign, the City requests as a courtesy that he or she provide a minimum of two weeks written notification to the immediate supervisor. Exit Interviews Exit interviews with a representative of the Human Resources office will be scheduled if an employee's service with the City is terminated. During the exit interview, employees will be provided with an opportunity to discuss job - related experiences in a confidential setting. Exit interviews are used to analyze employee turnover and to process benefits for departing employees. Final Pay. Upon termination of employment, departing employees wilt be paid for all unusetl vacation, vacation that has been converted from sick leave In accordance with the sick leave incentive policy, compensatory time and longevity pay which was accumulated at the time of termination. Departing employees may be eligible for payment of accumulated sick leave if they are retiring in accordance with the requirements of the Sick Leave Policy set out in this handbook. Uniforms, keys, vehicles and other City-owned equipment must be returned in good condition to the employee's supervisor prior to separation. The City will deduct the value of the unreturned City property from the separating employee's final paycheck as outlined in the Payroll Deduction Authorization. Any authorized deductions, which include for example, Federal Insurance Contribution Act (FICA), social security, insurance premiums, Texas Municipal Retirement System ( MRS) payments, and tuition reimbursement, if applicable, will also be withheld from the departing employee's final paycheck. Employees who depart prior to the completion of the six (6) month provisionary period (or 12- months if the provisionary period is extended) shall not receive payment for unused, accrued vacation. Personal Time (P -time) is paid annually in December. Any employee departing for any reason prior to receiving payment for P -time in December shall not be eligible for payment of such P -time. Page 32 Permnnel lid des and Emphyee Handlwok ERecOVe: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Final paychecks shall be issued on the next normal pay data for employees who resign or retire. Final paychecks for employees who are terminated shall be issued as required by law. Unless otherwise approved in writing in advance by the City Manager, the effective date for separation refers to the last date which the employee actually worked. Employees shall not use compensatory time, vacation, holiday, Floating holiday, personal time or any other accrued leave time to extend the employee's "last" work day. Reappointment Former City employees are eligible for rehire providing prior service with the City was satisfactory. Page 33 Personnel Polices and Emgayee Handbook Efecdwe January 1, 2015 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 Simpat Razondliation Act of 1.985 (COBRA). The Consolidated Omnibus Budget Reconciliabon Act of 1985 ( CORRA) 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 vanes depending on the nature of the qualifying event, but could range between 18 and 36 months. Neagh and Dental Insurance. Full -time and Y4 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/ time, and Is subject to change. See Plan documents for speciFlc information concerning coverage. All group benefits are benefits for 3/ time and full -time employees working a minimum of 30 hours per week. When an employee is out on extended and unpaid leave (no longer meeting the minimum of 30 hours per week for eligibility), the employee shall be responsible, as required, for premiums for their own insurance coverage elections and any dependent premiums. IMPORTANTNOTICE. The City may require employees and covered spouses and retirees tc complete the Self Health Assessment and biometrics screening on an annual basis. The City may choose to subsidize the health insurance premium for covered individuals who choose to complete the Self Health Assessment Including any required health coaching and biometrics screening on an annual basis. The City may choose not to subsidize covered individuals health insurance premiums for those who choose not to complete the Self Health Assessment and biometrics screening on an annual basis as required. Page 34 Personnel Mines and Empbyes Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook An employee, retiree or covered individual for whom it is unreasonably difficult or medically Inadvisable to satisfy the standard, may request a reasonable atternative within Me specified time frame. The City's wellness program complies with Me requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the Genetic Information Non- discrimination Act (GINA) and is a term of the Cit(s group health plan for purposes of the ADA Safe Harbor provision. We/ /mxr Program The goal of the Employee Wellness Program is to identify risk and provide avenues for behavior modification thus reducing chronic disease and reducing medical cost(s) associated with unhealthy lifestyles. The Employee Wellness Program provides the foundation for the City to develop activities and modify work environments to support the healM and well being of City employees. In addition to the benefits for employees, positive benefits are likely to accrue to families of employees resulting in better health for employees, families and the community. In support of the Wellness Program, Me City encourages employees to engage in a regular program of exercise to increase their levels of physical activity. Department Heads may approve an employee's request to use up to 45 minutes of paid time each scheduled work day, up to three days per week during normal working hours for the employees) to exercise at City-owned facilities. This paid time should be used at the beginning or end of the day, or around their designated meal break. Department Heads are strongly encouraged to be flexible and support employee participation in wellness activities. If anyone has a question on the equity of their treatment they should present it to their Department Head or Human Resources. The time to travel to and from the exercise site and any subsequent showering shall be Included in the total time allowed each day. For documentation purposes, employees must sign in and sign out before and after the exercise each clay. Department Heads are responsible for ensuring adequate staffing levels are maintained and, therefore, employees must stagger their workout times to ensure adequate coverage is provided at all times. Department Heads are responsible for tracking an employee's participation on the prescribed tracking document and forwarding the data to Human Resources. Employees must complete an Agreement form, which must be on file in Human Resources prior M participation In the paid exercise program. Employees who abuse this benefit by extending Me workout time and/or falsify participation in the program may have the benefit revoked and /or the appropriate disciplinary action taken up to and including termination. Physical fitness programs for Police and Fire Department personnel shall be established by the respective Chief and approved by the City Manager. Page 35 Permmel Moss and Empbym Handbook ErtectiM: lanwry 1, 2015 City of West University Place Personnel Policies and Employee Handbook The City's Wellness Program is a term of the City's group health plan for purposes of the ADA Safe Harbor provision and complies with the requirements of the ADA Safe Harbor provision and the Health Insurance Portability and Accountability Ad (HIPAA) and the Genetic Information Non - discrimination Act (GINA). Additional information is available in the Employee Wellness Programs Administrative Procedure. Flexible Spending Account. Employees have the option of participating in a flexible spending plan that allows the employee to contribute pre -tax salary to an account. Money allocated to this account can be wed 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 Beath & Dismemberment Inwrance. 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 %time, and is subject to change. See Plan documents for specific information concerning coverage. Oisabilily Insurance. Disability insurance is provided for periods of extended disability due to an accident or illness. Coverage is generally available after the elimination period of 60 days or 180 days, whichever applies. The City may subsidize a portion of the monthly premium. The percentage of subsidy may vary between plans, between employee's classified as full -time or 3/ time, and is subject to change. See Plan documents for specific information concerning coverage. Retiree Neagh Benellfs— Employees hired January 1, 2909 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 Parry Administrator) does not receive the required contributions by the date due. Retirees may elect to seek health insurance through the Page 36 Personnel Polltlg and Em itchve Handbook Effective; January 1, 2015 City of West University Place Personnel policies and Employee Handbook state -based insurance exchanges after their creation by 2014 as currently mandated by the Patient Protection and Affordable Care Act ("APA" or "Act'"). AND - Retiree Health Benefits - Employee's hired prior to January 1, 2009 Non- eremptfmployees- If an employee retires through the Texas Municipal Retirement System (TMRS) and has been employed full -time for the City for at least 10 years immediately preceding the date of the retirement, you may continue coverage with the City's health plan. Exempt Employees- If an employee retires through the TMRS and has a minimum of 10 years of actual service (not service credit transfers) with TMRS of which five years immediately preceding the date of retirement, were with the City of West University Place, the employee may continue to be covered through the City's health plan. The benefit includes basic medical coveage, excluding accidental death, life, disability and dental. An employee's /retiree's spouse and dependent(s) are also eligible for continued coverage on the City's plan Employees /retirees are responsible for all costs, Including premiums, associated with spouse and dependent benefits. If the retiree Is eligible for this benefit under the criteria described above, his or her spouse and dependants are also eligible for continued coverage on the City's plan at the retiree's cost. The benefit includes the same medical coverage approved by Council and selected for current employees and excludes accidental death, life, disability and dental coverage. In the future, if changes are made to current employee medical coverage as perrnitted by or in order to comply with the Patient Protection and Affordable Care Act, the City will analyze the applicability of the Act at that time. An employee must declare his /her intention to continue health Insurance coverage no later than the effective date of the retirement. If a retiree elects not to participate, this decision is final and irrevocable. Additionally, a retiree who loses retiree coverage through the City at any time or for any reason shall not be eligible to return to the City's health insurance at any time In the future. The City is not a participant in the Early Retiree Reinsurance Program authorized by the APA. Beginning in January 2014, as contemplated under the current version of the APA, retirees or their spouse or dependents may choose to participate at their own cost in the state insurance exchanges for any reason including cost savings on spouse or dependent coverage. All benefits terminate when a retiree becomes eligible for Medicare or other federal or state health insurance plans, not including retiree-funded participation In state insurance exchanges under the APA, or if the retiree becomes employed, including self- Page 37 Pxsonnel Policies ant Employee Handbook Elmcdva: January I, 2015 City of West University Place Personnel Policies and Employee Handbook employment. Employed is defined as having access to employer sponsored group health insurance benefits. Retirees, including covered spouse and dependents, shall annually certify their eligibility for continued heath 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 (HIPAA) Standards for Privacy of Identifiable Health Information (the Privacy Rule) is effective April 14, 2004 and the Hi -Tech Omnibus rule enacted as part of the American Recovery and Reinvestment Ad of 2009, including genetic information required by the Genetic Information and Non -discrimination Act (GINA) of 2008. The Privacy Rule provides the first comprehensive Federal protection for the privacy of health information. In accordance with the Privacy Rule, the City of West University Place will implement reasonably minimum necessary policies and procedures that limit how much protected health information is used, disclosed, and requested for certain purposes. The City is required by applicable federal and state law to maintain the privacy of protection health information. The HIPAA privacy rule permits disclosure of health information for workers' compensation purposes as governed by the State of Texas Labor Code and the Texas Workers' Compensation Commission associated rules. In addition, the HIPAA Privacy Rule permits the employer to collect health information as needed for employment. The HIPAA Privacy Rule does not affect medical Information the employer collects and uses to carry out obligations under the Family and Medical Leave Act, the Americans with Disabilities Act, and other similar laws. All employees are entitled to have personal and medical information private. Under no circumstances will a City employee disclose Personal Health Information (PHI) regarding another City employee through the electronic mall system or written correspondence, unless the affected employee provides written authorization. Unauthorized disclosure of PHI may constitute a federal crime and will subject an employee to immediate disciplinary action up to and including termination. The Privacy Officer for the City of West University Place is the Human Resources Director. Anyone who believes that the City 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. Page 39 Personnel Policies and Employee Handbook reactive: January 1, 2015 City of West University Platt Personnel Policies and Employee Handbook Complaints may also be filed with the Secretary of the United States Department of Health and Human Services. No retribution or negative action will be taken or tolerated because a member files a complaint with the Privacy Officer or Department of Health and Human Services. Texas Municipal Retirement System (TMRS). The Texas Municipal Retirement System is the primary retirement plan offered by the City. Effective the firs: day of enr ploymenq 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 (] %) 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 far 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. Employees are responsible for contacting TMRS to make the appropriate arrangements. Should an employee the 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 TARS. If an employee has exhausted all accrued leave benefits and Is on unpaid leave status, the employee will not be able th contribute to TARS. If this ocmrs, TMRS requires the employee to request an extension of your Supplemental Death Benefit and have it approved by the TARS Medial Board. Employees are responsible far contacting TMRS to make the appropriate arrangements. If an employee's employment with the City terminates and he /she is not eligible to retire or not vested in the retirement system, the employee's retirement contributions may remain in an inactive TMRS amount no longer than five years. M employee must apply for a refund of his/her contributions before the end of the Five years from the time of termination. The refund includes the employee's contributions as well as any accrued interest. Longevity. This policy applies to city employees employed full time 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 th an employee's base salary and shall be paid annually in December at the same time unused Personal Page 39 Personnel Policies and Employee Handbook Effective: 3anuary 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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 TARS and income tax withholding. Eligible employees who separate from the City will receive the longevity pay upon separation. Upon termination the employee's longevity pay will be calculated as follows: Number of whole months since last pay (November), which equals the amount to be paid. An employee who leaves the service of the City of West University Place must have worked through the fifteenth (15h') 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 Comperution. 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 W an employee or family member for the assessment and referral services provided by the EAR If the EAP counselor believes that a participant needs further assistance, the counselor will refer the participant to an appropriate agency or individual for continuing care. Costs incurred for other treatment, which is not covered by the City's health benefits, shall be an employee's responsibility. A supervisor may refer an employee to the EAP if the employee's performance is considered unsatisfactory and the supervisor believes the services provided by EPA could be beneficial to the employee. The City is only advised if the employee is or is not participating, as required by the supervisory referral. Training Schools. The City will pay appropriate costs for mandatory training for certification purposes, or to maintain such certification. The employee's department director must approve training in advance and it shall generally be established as part Page 40 Personnel Mill aM Employce HmMhWk Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook of the budget process. The Director will have final say on where and when an employee's training will occur. Tuition 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 be established annually as part of the budget process based upon anticpated participation and available funding. If an employee resigns or Is terminated for any reason prior to course completion, the City shall not be obligated to reimburse any part of the expense. An employee who resigns or is terminated less that two years after completion of a reimbursed course must retum 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 reserved. If an employee is taking a leave of absence for educational purposes, the employee will not be eligible for reimbursement. Ir 11110 1 positions Employee participation is voluntary. An employee may submit a written request for a Page 41 sersonnel Policies and Employee Handbook Effacdve: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Telear muting employees are evpedetl to be available during business hours by telephone at the set batch. The employee has the same duties, obligations, and responsibilities M the City on a day when telaommutirg as when waking at the antral works[e. A Rkmnmu ding employee must request sick leave, personal leave, vacation, or fixating holidays in the same manner as and employee who reports ro the antral woraite far work Telecommuting is 11 T a substiMe far depenclent are and telecommuters shall have reciular dependent care arrangements. Employees who tscoommute are evpeced to watt from tier home, Trot off -site bastions such as ages shops a libraries. A mlemmmudng employee assumes the expense of arranging a workspace and appropriate technobgial support such as phone lines and IMemet connections in the hone to parrot the efident compledon of t3si& The employee is also responsible for creating a safe work sxnmrcreM away from the areal warkske and for reporting any jobseleted incidents, accidents, or irgurws to his or her supervisor In me same manner as required for employees working at the central workstte. Employees s ouJ not conduct Inperson business meebngs an behalf of the City in War Mmes, ate tdewanmuting arrangements. The City may, in its discretion, terminate the telecommuting arrangement fa any mason. If the employee chooses not to return to the previous work anargermM, his or her employment wfth the City will be terminated immediately. Page 42 Personnel Policies and Empbyee Handbook Effective: Janwry 1, 2015 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, overtime will be paid for "actual hours" worked in excess of 91 during the 12-day FL&A work period. On- Caiiand Callback. On -call time is not considered time worked and is not compensable at the employee's regular hourly rate of pay. On -call time Is the time outside of regularly scheduled working hours when an employee is designated to be available for callback. The employee is free to pursue personal activities but must respond to summons (paging, telephone, or radio) within the designated guidelines determined by the Department Head. Employees must abide by the guidelines determined by the department head. Employees must abide by the guidelines set in the Drug -Free and Alcohol -Free Procedure. An employee may receive a stipend for the inconvenience of being available for callback at the rate determined. Work that is considered incidental (seven minutes or less) shall not be considered time worked. Overtime pay /call out pay will begin with the eighth minute and will be calculated in 15 minute intervals. Callback time Is defined as the time the City requires an "on -call" employee to return to work on an unscheduled or emergency basis to work outside of the employee's regularly scheduled work hours. The time that a non - exempt "on -call" employee is assigned to callback time will be considered as hours worked if during that time the employee is required to: Return to the employee's usual place of work; Remain near a telephone at a fixed location; Perform the employee's regular duties whether by telephone or otherwise. When an employee Is on an "on -call" status and is called to work, compensation will be given to the employee as follows: When an on -call employee is called back to work on -site, any time worked less than 2 hours will still be deemed two hours of work. Any Incident exceeding two hours will be paid according to the length of time requiring the employee's alleMion. 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. Page 43 Personnel Pollcres and Employee I ndlxx* Etf live: january 1, W15 City of West University Place Personnel Policies and Employee Handbook Exempt employees are not eligible for callback pay. However, may receive compensation or time off for extensive hours worked during an emergency situation, as defined by the City Manager. Remote La// -In. Non - exempt employees who are required to call -in, lag -in or utilize technology W resolve an issue remote y outside of their normally scheduled work day will receive a minimum of one hour of compensation for activity that takes 15- minutes or longer is not considered de minimus In nature and requires more than a short phone call, text message or e-mail to address. Employees will not receive more than one hour of pay for multiple calls in We same hour period. Work that is considered Incidental (seven minutes or less) shall not be considered time worked. Overtime pay will begin with the eighth minute and will be mlculated in 15 minute intervals. ExemptEmployees. 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 actuate FISA Exempt or Non - Exempt classifications and may be reevaluated as necessary to ensure the position is classified appropriately. Exempt employees are expected to work a minimum of 40 -hours per work week as a full -time employee and a minimum of 30 -hours per week as a 1A time employee. Full and partial day deductions for exempt personnel shall be consistent with the RSA requirements. Non - exempt Employees. Employees in all other position classifications may receive overtime pay or be offered compensatory time at the rate of time and one -half in lieu of overtime pay. Time and one -half is used in calculating overtime and compensatory time in situations where the actual hours worked exceed standard work week hours. Holidays are considered actual hours worked for the purpose of calculating overtime. Vacation, compensatory time, Floating holiday, sick leave, etc. are not considered actual hours worked for the purpose of calculating overtime. 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 tens emergency, all non - exempt and exempt employees that are declared "Essential Personnel" and are required W work the duration of the event, will be eligible for overtime at the rate of 1.5x their regular hourly note 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. Page 94 Personnel NIkk s and Emparee Handbook EffeNVe: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook When City offices are declared closed by the City Manager, employees who are determined not to be "Essential Personnel" will be paid as Authorized Leave for the hours and /or day(s). Work Wlesk Employees In all City departments, with the exception of certain shift poebors in the Fine Department will observe a forty -hour workweek. The work period begins 12:01 AM Sunday (6:30 AM for shift Fee 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 appm+al of the City Manager, utilize a workweek schedule consisting of four ten -tour shifts, or twelve-hour shills, provided the service level to the community can be adequately maintained. Employees working a 9/80 sdiedule will have a work cycle defined as beginning mid-day on Friday or Monday depending upon the employees sdxsdule.. Fire Department personnel have a workweek consisting of an average of 56 hours per week, based on 98 -hour shins with 96 tours off between shifts. Days o6 and shifts may change to meet the business reeds of the organization. For Shift fire personnel, the work cycle begins at 6:30 a.m. Accroa/. 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. Nonexempt employees, who are subject to being paid overtime or provided compensatory (comp) time, are responsible for notifying their immediate supervisor as early as possible 9 their normal work assignment cannot be completed within the established work hours; however, suds employees shall not perform any work outside of their normal workweek schedule, unless expressly authorized to do so in writing, in advance by a supervisor. If Instructed to do so by a supervisor in writing, employees are expected to work hours beyond their normal schedule. Employees are advised that with rare exceptions, which are within the City Manager's discretion to make, the City genemlly will provide comp time rather than overtime pay and will require employees to flex their work week so that overtime or comp time accumulation is minimal. Any overtime work performed outside of an employee's normal workweek must be promptly recorded and documented for purposes of maintaining an accurate payroll as set out below. By issuing an employee a PDA, cell phone, laptop, Blackberry or any similar remote access software, or by facilitating an employee's mass to the City's e-mail system through a personal device, the City tices not give such employee permission to work outside of a normal workweek Page 95 Personnel i)o bes and Employee Handbook Efferbw: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook schedule and any overtime work involving such equipment also must be approved in advance. Waiver Prohibited. The requirement that overtime must be paid after 40 hours a week or 91 hours during the 12 -day work period for shift fire personnel, may not be waived by agreement between you and the City. Overtime and Absenteeism. If, during a regular work -week, an employee works in excess of 40 hours, or 91 hours during the 12 -day work period for shift fire personnel, the employee will be compensated in the biweekly payroll direct deposit or compensatory time. Any paid vacation, personal or sick hours used by an employee during the same work week, will be calculated at the employees regular rate of pay. In short, an employee will receive overtime compensation only afterthe employee has physically worked 40 hours during a regular workweekor 91 hours during the 12-day work period for shift fire personnel. Holidays are considered time worked for the purpose of calculating overtime. Administnatrive 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 unsdieduled work is performed only in bona fide emergencies. The department director Is responsible for controlling starting and stopping times and all wok times. If you start work early or late and the time for either period is seven minutes or less, that time is considered Incidental and will not require compensation. Overtime pay will begin the eighth minute and will be calculated in 15 minute intervals. Employee Responsibility. It is the employees responsibility to comply with department work schedules and to avoid work that is unscheduled or unauthorized. Employees shall not stay at or on city facilities, worksims, etc. for personal purposes (using city facilbes and equipment for personal purposes) beyond their scheduled work day unless it has been approved In writlna in advance by the Department Head. Obviously a city sponsored function outside of normal business hours Is acceptable and generally does not require approval. Page 16 Personnel Policies am Employee Hantlbook [ iw: January 1, 2015 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 (Le vacation, sick leave, compensatory time, etc.). Hours must be recorded in increments of .25, (i.e. .25, .50, or J5). Exempt position employees work at the discretion of the City Manager or Department Head and may be required to work hours in excess of the normal workweek. Exempt positions are not eligible for overtime payment or the accrual of compensatory time. However, while not required by law, the City of West University Place exempt employees may be allowed reasonable time off to compensate employees for an unusual number of hours worked. An exempt employee may not "accrue" work leave hours and may not receive additional compensation for any work beyond the normal workweek. This is not intended to be hour for hour and no entitlement is intended to be created by this policy. Shift Firefighters. Under the 207K exemption of the FLSA, City of West University Place certified Fire Department shift personnel will work an average of 2,912 hours per year, which averages 56 hours per week. Fire shift personnel are regularly scheduled to work between40 — 72 hours per week and operate on a 12 -day FLSA work period. Fire shift personnel Will be paid an additional on-half times the regular late for each hour worked in excess of91, [heir regularly scheduled shift hours in any given work period pursuant to 29 U.S.C. 4 207(k). Falsification of time records violates the Texas Penal Cade and City policy and shall be grounds for disciplinary action up to and including termination. Rest d Meal Yervods. 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 m and 2:00 Pm for those employees working a standard eight -hour shin 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 47 Personnel Polides and Employee Hantlbook Eff Nw: January 1, 2015 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. Holidays that fall on an employee's regular day off shall be paid as they occur. Holiday hours shall not be "banked" for future use. Pay Period and Payroll. Payroll is prepared on a biweekly basis and will be direct - deposited into your checking or savings account every other Friday. Each employee shall check each biweekly paycheck or deposit confirmation for accuracy. If an employee believes that a mistake was made in his or her pay for that biweekly pay period, the employee is required to submit a complaint to Human Resources within 10 calendar days of receiving a biweekly paycheck or deposit confirmation relating to any error that he or she believes has been made, including payment for an Incorrect number of hours, as well as any other mistake. Improper Deductions from Pay. It is the City's policy to prohibit any improper deductions from an employee's pay. If any employee, whether or not his /her job is classified as exempt under the Fair Labor Standards Act (FLSA) believes that in improper deduction has been made to his /her pay, he /she should file a written complaint with Human Resources relating to any such deduction. The City will investigate the complaint and if the deduction was made improperly, it will reimburse the employee for any such amount improperly deducted. Page Q Persons Policies and Employee Handbook ERetlive: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook M. Attendance & Leaves Attendance. The City of West University Place is committed to providing an equitable and fair attendance and leave policy so that employees understand their responsibility to be at their place of work according to their established work schedules, which, insofar as possible, shall be uniform within occupational groups and shall be determined in accordance with the needs of the City and the reasonable needs of the public. The City recognizes that employees need leave for a variety of reasons and that a fair and equitable leave policy ensures the City's commitment to maintaining a high performance organization that optimizes the use of its human resources. The City depends on its employees to be at work as scheduled and regular attendance is an essential job function Employees are expected to report for work, mentally and physically able and willing to perform the essential functions of their jobs. The City, of course, will provide reasonable accommodations m disabled employees as set out in Section 11 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 reduced the productivity and places an unfair burden on fellow employees and subjects the employee m disciplinary action up to and including termination. The Work Week. The normal workweek for City employees shall be 90 hours or average S3 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 funcion of the department director and the city manager. Emergency Ca dflkii The citizens of West University Place depend on City employees before, during and after an emergency or disaster to provide ar restore essential public servira 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 emebvees must be ready to assist in manaminet the d will be considered essential Personnel for the H itv of outernmental operations; until thi are specificaliv relieved by the Department Head or his or her desmnce. Once a State of Emergency is declared, employers who are absent, employes who leave early and employees who do not report m work after the City Manager detemirws it is safe to return m work will be required m complete and submit to Human Resources, Essential Personnel Absence documeni The Emergency Operafions Manual and Deparanertlal Operating Procedures spell out spedfic details for employees In follow during an emergency situation. Page 99 Personnel Polldes and Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Employees who are absent without the appropriate audtpraadon are subject in the appropriate disciplinary action, up ffl and indudng termination. Holidays. Holiday pay is determined by the employee's regular scheduled daily hours on the given holiday (12 hours for Shift Pre personnel). The following paid holidays will be observed, although certain employees may be required to report for duty: New years' Day; Good Friday; Memorial Day; independence Day; Labor Day; Thanksgiving Day; Day following Thanksgiving; Christmas Day; An additional Christmas holiday; and One "floating holiday", (after a minimum of six months of employment) which must be scheduled and taken during the calendar year and must be taken as "an entire day' and shall not be subject to carry-over or payment if not used. 9 -11; The City has hollowed @e Roaring holiday as the Senrember n° Memorial holiday l rfa Pgxiers only and foe firhyhier choose to use @¢flouring holi ken for rharpurnos, on bas day and its use does not unduly auction the departments operation For all other emp(orems obeflow( g holiday is unchanged shit, fire figh en base the same number of holidays as all other City employees, in acemelanoe with H8. 2113, the Pieces hm,hisaw him amended Seaton 112, p013 (a) of the Local Government Code mandarins that mw of the Cays holidays be designated as September I n MemorOn Holedafer aPfirefighters. All Cary employees Aare she same number of holidays o" the same days; M1awrve¢ this amendment mandate into the ary opera mone at holidays by a different muscle, apaa'ncumr category femnmyee.. Paid holidays are intended as a benefit for full -time and 3/j time employees. An employee will not be eligible for Holiday pay when the employee is not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. Holidays Falling on Weekends. Holidays which fall on a Saturday will be observed on the preceding Friday. Holidays which fall on Sunday will be observed on the following Monday. Shift Fire personnel shall follow the Fire Department Standard Operating Guideline (SOG). Holidays Falling on a Regulat- Day Off. Holidays that fall an an employee's regular day off shall be paid as they occur. Holiday hours shall not be "banked" for future use. Page 50 Personnel Policies and Employee Handbook Enectiue: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Additional Christinas HOAdI 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 addion to the legal holiday observance, the following workday shall also be observed as a holiday. Shift Fire personnel shall follow the Fire Department SOG. Persona/ Leave. personal leave is provided at the rate of 8 hours (12 hours for Shift Fire personnel) per quarter for all full -time employees and at the rate of 6 hours for Y time employees at the beginning of each quarter (January, April, July & October). Leave is subject to the attendance and leave approval previsions of this policy. personal leave does not accrue beyond the calendar year and unused hours shall be paid at the end of each year. personal leave shall not be taken beyond the last pay period of given the calendar year. If the last day(s) and /or weeks of the given calendar year are paid the following year, an employee taking personal leave during the time referenced above will use the personal leave time from the new year. personal leave accruals will cease to accrue when an employee Is not working and on extended, authorized and unpaid leave of any kind. ✓oration Leave. Vacaton leave credits for all full tone employees shall accrue as follows: • Four (4) years of service or less - 6.667 hours per month (80 hours per year); • At the start of the fifth (5) year of service, but fewer than 12 years of service - 10 hours per month ( • At Me start of the twelfth (12) year of service - 13.333 hours per month • At the start of Me twentieth (20) year of service - 16.6667 hours per month Employees classified as shift Fire Department personnel shall accrue as follows: • Four (4) years of service or less - 10 hours per month ( ; • At the start of the fifth (5) year of service, but fewer than 12 years of service - 15 hours per month At the start of the twelfth (12) year of service - 20 hours per month At the start of the twentieth (20) year of service - 25 hours per month Employees classified as 36 time employees shall accrue as follows: Page 51 Personnel P Icao and Employee HaMbook ERtttive: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook • Four (4) years of service or less - 3.75 hours per month; • At the start of the fifth (5) year of service, but fewer than 12 years of service - 6.25 hours per month At the start of the twelfth (12) year of service - 7.50 hours per month At the start of the twentieth (20) year of service - 9.375 hours per month Provisional employees, will accrue vacation during the provisional period, but will be eligible to use such vacation leave only upon completion of six months of service. If the provisional employee is separated prior to regular employee status, no vacation accrual shall be credited. If the provisional period Is extended beyond six months, the employee shall not be eligible to use vacation until the employee has successfully completed the extended provisional period. An employee whose provisional period has been extended beyond six months and is separated for any reason prior to regular employee status, no vacation accrual shall be credited and shall not be paid at separation. Vacation accruals are Intended as a benefit for full -time arid 3'a time employees. An employee will not be eligible to accrue vacation when the employee is not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. Atteidance 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 Ume. 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 cabled forward. An employee may accumulate credits up to the maximum amounts as follows: • Fewer than four years of service All full time employees- 160 hours Shift Fire Department personnel - 240 hours 3'a time employees -120 hours • Momthanfouryearsofservice, butfewer Man 12 yearsofservice All full-time employees- 240 hours Page 52 Personnel Policies and Employee Handbook Effe tiro: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Shift Fare Department personnel -360 hours time employees -180 hours More than 12 years of service All full time employees - 320 hours Shift Fare Departini personnel -480 hours time employees —240 hours — More than 20 years of service All full time employees - 400 hours — Shift Fire Department personnel­ 600 hours — time employees - 225 hours — If an employee reaches the maximum amount of vacation credit, no additional time will be credited until the vacation time is used. Vacation accruals are intended as a benefit for full -time and % time employees. An employee will not be eligible to accrue vacation when the employee is not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid heave of any kind. Accrued vacation will be paid upon separation. The effective data for separation refers to the last data which the employee actually worked. Sick Leave Sick leave with pay shall be granted when an employee has a physical incapacity not Incurred in the line of duty, a personal illness or immediate family member illness; or enforced quarantine. For the appropriate use of sick leave an immediate family member is defined as spouse, children, step- children, a child to whom the employee has served "in loop parentis' or roster child(ren) or for a family member when the employee is on approved Family Medical Leave with, for example, a parent. Sick leave time begins the first working day of the illness. Leave will be without pay if no sick leave, vacation, compensatory or personal -time is available. 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 employees scheduled shift or as preex nbed by the department. Unless otherwise approved in writing, texts, e-mail and /or voicemail messages left with supervisors or non - supervisory personnel will not be accepted and shall not be considered a substitute for the required report When the employee returns to work after absences of three (four days for Shift Fire personnel) Page 53 Personnel Policies aixi Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook or more days he or she shall be required to provide a limited doctor's certification that confirms that the employee's absence constituted an appropriate use of sick leave. Department directors who have reason to believe that sick leave has been abused may request such certification when an employee has been absent for less than three days. Abuse of Sick Leave. The frequent claiming of sick leave benefits may under certain circumstances constitute grounds to believe that an employee's physical condition is below that required to perform the essential functions of his or her Job Evidence of malingering or abuse of this benefit will be considered grounds for disciplinary action, up to and including termination. Sick leave shall be accrued for all provisional and regular employees at the rate of 120 hours per year. All employees not classified as shift Fire Department personnel shall accrue sick leave at a rate of 10 hours for each month of service, with no limit to accumulation. For shift Fire Department personnel, the accrual rate shall be 15 hours for each month of service. a/4 time employees shall accrue 7.5 hours for each month of service. Sick leave accruals are intended as a benefit for full -time and 3/4 time employees. An employee will not he eligible to accrue sick leave benefits when the employee is not working the minimum number of hours required to be eligible for this benefit and who may be on extended, authorized and unpaid leave of any kind. Upon separation from the Cry, an employee will be paid for up to 90 days of accrued sick leave credit if the employee retires through TMRS. In the event of the death of an employee whom is vested in TARS, the City will pay up to 45 days of accrued sick leave and other eligible accrued leave to the employee's TMRS pension designated beneficiary. Sick Leave Incentive Program. The sick leave incentive program is designed to reward employees for good attendance 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 1r pay period in February. Sick leave shall be converted to vacation based on the following chart Page 54 Personnel Policies and Employee HaMbock Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Sick Day; Used from 01/01 to 12131 Eligible Sick Days for Conversion to Vacation 0 da s taken 3 days Up to 11% da s 2 days More than 1 � days and up to 3 days 1 day More than 3 days _ _ 0 day NOTE: For all employees the conversion shall be provided at the rate of 8 hours (12 hours for Shift Fire personnel). Donating hours to the sick leave bank shall not count against an employee's sick leave hours in connection with being eligible to covert sick leave hours to vacation hours. Conversion hours must be taken by January 31' of the following year or the time will be converted back to Me sick leave accrual bank from which it came. Conversion hours which are currently accrued shall be taken within 12 months from the effeclive date of this policy. Sick Leave Bank. Employees may voluntarily participate in the sick leave bank. The sick leave bank provides an added source of sick leave for those employees who have suffered Cher own caastuphic///n or injury and have exhausted all accrued sick and annual leave balances as a result of their own catastrophic i/hress or catastrophic injury. Employees are responsible for contacting Human Resources and requesting, In writing, activation of the sick leave bank for their own catastrophic / / /uers or catastrophic injury. In order for an employee to request activation of the sick leave bank the employee must be eligible to receive voluntarily donated hours from the sick leave bank. The employee must fist meet the minimum eligibility requirement of Family Medical Leave (having been employed by the CIry at least 12 months and have worked at least 1,250 hours) immediately prior to the leave. Further, the employee's sick leave bank activation request shall include sufficient information to determine whether or not the employee's illness /injury meets the definition of a catastrophic medical condition as Intended by the policy. The employee must also have exhausted his /her own accrual tanks as a result of the catastrophic ///ness or catastrophic injury and he /she must have used least 160 hours (240 hours Shift Fire personnel) from their own accrual bank(s) immediately preceding the request in order to be eligible to request activation of the sick leave bank. A cafasbophic i / /ness is defined as a severe illness requiring prolonged (long -term) hospitalization or recovery, usually involves high costs for hospitals and doctors and medicine (examples include: coma, cancer, leukemia, heart attack, nooks, spinal card or brain Illness). A catastrophic injury means the consequences of an injury that Page 55 Personnel Policies and Employee Handbook EHeddye: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook permanently prevent an individual from performing any gainful work; 42 USCS section 3796(b). Voluntary contributions to the sick leave bank must be In hourly Increments and may be contributed from any unused leave accrual. The maximum number of sick leave hours an employee may donate in a 12 -month period is 16 hours. Other voluntarily donated hours may be unlimited. Employees may use sick kave assigned from the bank in the same manner as accrued sick leave. The maximum number of voluntarily donated hours that a single employee may receive through the Sick Leave Bank is 400 hours per incident If no hours are voluntarily donated to support the employee's request, the employee will not be eligible to receive hours through the sick leave bank An employee shall not be eligible to accrue any leave while utilizing sick leave bank hours. Sick leave bank activation requests shall not be retroactive. Job Related Injuries If you sustain a jab related Injury, the Injury is to be reported immediately to your supervisor or department director. A Flrst 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 man 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 me 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 a 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 Page 56 Personi Policies and Employee Handbook Efltttive: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Leave of Absence. Department Directors, with approval of the City Manager, may allow employees a leave of absence for a reasonable length of Ume provided the absence does not interrupt the efficient operation of the City or place an undue burden on fellow employees. All leave accruals will cease when an employee enters Into an authorized and extended leave of absence. In an extended leave of absence, the employee shall pay all health insurance and /or other premiums. Retum to Work. Employees who have been absent from work because of any extended leave due to their own on -the -job or off - the -job injury or illness shall be required to complete Ft for Duty Testing prior to returning to work. This to long shall vary by department and position based on the essential functions of the position. The testing will be job - related and consistent with business necessity and in some instances, may be limited based on the nature of the illness or injury. The City seeks to ensure Mat employees are able to safely return to work following leave and are able to perform the essential functions of their jobs, with or without reasonable accommodations. However, in the event that an employee is not able to perform the essential functions of his /her position, with or without a reasonable accommodation, the employee may apply for any open position, for which he or she is qualified. In the absences of an opening, the City may terminate the employee's employment. Funeral/Emergency Leave. Employees may be granted up to five days of paid leave to attend or arrange the funeral, and settle the affairs of, an immediate family member. An Immediate family member is a spouse, child or parent or "step" child or "step" parent or a parent who has served "in low parentis' to a child. Up to three days of paid leave may be granted upon the death of the following family members i.e., sib- lings, in -laws, grandparents or any relative living in the same household. Employees may use their own accrued leave for funeral /emergency leave for any person not specifically described as a family member above, with the supervisor's approval. Additionally, employees may use their own accrued leave for funeral leave for other individuals not specifically mentioned in this policy, provided the supervisor has approved the leave. Oep arni 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. • Adopton of a child. • Serious health condition of a dependent, as defined by the Family and Medical Leave Ad, requiring extended care. See Family & Medical Leave Section for defnitton. • 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 retired Page 57 Personnel Policies and Employee Handbook Effective: January 1, MIS City of West University Place Personnel Policies and Employee Handbook 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 M 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 'i the citizenship obligation. If the employee is not selected as a juror, the employee is required to report back to work upon being released from service. If more than 50% of the employee's shift remains at the time the employee is released from service, the employee Is expected to report back to work during that shift. If less than 50% of the employee's shift is left at the time the employee is released from service, the employee is expected to report to work on their next scheduled shift All employees must provide proof of attendance from the presiding court to their supervisor upon their return to work. Proof of attendance must be attached to the employee's time sheet. Court Appearances. Employees who are subpoenaed to appear in court or before any other judicial or administrative body on behalf of official city business or as a "Good Samaritan" will be compensated in accordance with this policy. Employees that request time off to appear in court in a matter personal to the individual (divorce, liability suit, etc.) ether as a defendant or plaintiff, or witness, shall be required W 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 applies to employees who are members of the United States uniform services or the Texas National guard who undertake military leave, ether Page 58 Nnonnal Polices ant Employee Handbook EaertFre: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook voluntarily or involuntarily, whether for training, active duty, or related obligations, and who are covered under the Uniformed Services Employment and Reemployment Rights Act (38 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 aarual 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 game 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 freighters, 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 Gty shall supplement the employee's military wage or salary in an amount equal to the difference between the employee's military wage or salary and the employee's City base wage or salary, if the employee's military leave wage of salary is less than the employee's City base wage of salary for a period of up to 18 months calculated from the date of military activation. NOTE: This supplementation by the City only applies to those employees who are activated from a military reserve of Texas National Guard unit. To the extent that an employee had coverage under a health plan through the City, the employee may elect to continue such coverage and pay premiums for leave longer than 30 days or the employee share for leave less than 31 days as prescribed in 28 U.S.C. § 431]. If the employee qualifies for reinstatement under 38 U.S.C. § 4312 (a), upon the end of the leave, the employee shall, upon request, be reinstated to the same position or a similar position with the same seniority, status, and pay to the position held prior to taking the military leave unless: (1)the City's circumstances have changed as to make such reemployment impossible or unreasonable; or Page 59 Personnel Pdiues and Employee Handbook ERe uve: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook (2) in the case of a person entitled to re- employment under subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 [38 USCS § 4313), such employment would impose an undue hardship on the City; or (3) the employment from which the employee leaves to serve in the uniformed services is for a brief, non - recurring period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period. Holiday pay shall be granted (paid) during the expenditure of the paid military leave at straight time. Employees shall only be paid for hours that he /she is absent from work at the City as a direct result of military leave, but not for other reasons. For example, N a City employee works a standard five-day workweek on Monday through Friday, the employee shall not be paid for hours when he/she is absent on a Saturday or Sunday since such absence was not due to military leave. In accordance with 38 U.S.C. § 4316(c), a person who is re employed by the City after taking military leave shall not be discharged from such employment, except for cause, (1) within airs year after the data 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 dare of such re- employment, if the person's penod of service before the re- employment was more than 30 days but less than 181 days. The City prohibits any and all discrimination against an applicant or employee who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed military service on the basis of that membership, application for membership, performance of service, application for service, or obligation. Abmnre without Leave. If an employee is absent from work, without proper authorization, whether for part or all of a working day or for a longer period, such absence shall be grounds for disciplinary action up to and including termination. Job Abandonment. M employee voluntarily and irrevocably resigns City employment if the employee: gage 60 Personnel P des and Employee Handixok ERe0wo January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Fails to return from an approved leave of absence on the date specified or the date agreed upon by the City and employee without prior notice or sufficient cause, including failure to return after an approved and extended medical leave period. Fails to report to work without notice W the City for three (3) consecutive workdays or shifts without suf cent cause. Employees who abandon theirjobs will not be eligible for rehire. £amity& Medical Leave AM All eligible City of West University Place employees are entitled to the protection offered by the Family and Medical Leave Act of 1993 (the "FMIA -), 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 fallowing: 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 I or 2 above shall expire a[ the end of the 12 -month period beginning on the data 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 me 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 FP1tA if the leave qualifies under the FMLA regulations. An eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave tluring a 12 -month period. The City observes a "rolling" year. FMLA shall be taken concurrently with sick leave, vacation and/or other paid leave accruals. The Return to Work policy contained in Section M of this Handbook Is also applicable to an employee returning following leave under FMIA. Page 61 Personnel Policies ant Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook An employee shall not be subject to discrimination or retaliation for having exercised their FMLA rights. An employee's exercise or attempt to exercise their rights under FMLA shall not be interfered with, restrained, or denied, nor shall an employee's use of FMLA leave be used as a negative factor in employment actions, Including but not limited to hiring, promotion, transfers, training, disciplinary actions, or other terms and conditions of employment. However, any employee who fails to provide Infonnabon and /or does not cooperate with staff by providing the required FMLA paperwork In the finmeframe prescribed on the approved Department of Labor form, may not be approved for FMLA leave, and unexcused absence may subject an employee to discipline. The time during which an employee is on FMLA leave shall not be counted for purposes of any department's attendance policies. Page 62 Personnel Policies and Employee Handtook EfleCGve: January 1, 2015 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 insouction, direction and equipment and to treat all employees with dignity and respect. All employees are expected to work diligently and conscientiously far 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 falls to correct the problem or develops other problems, more severe disciplinary action shall be taken. Using progressive discipline in such a manner maximiss an employee's opportunity W correct problems. By providing fix 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 tt predude or inhibit the City from exercising its right to impose severe discipline, including immediate ter minabori of an employee, whenever suds 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 o(fense(s), there are certain offenses, which will result In severe disciplinary action regardless of fine disciplinary record of the offender. The purpose of standard disciplinary procedures is to make it easier M be consistent by applying similar penalties for similar offenses. However, Department Heads and immediate supervisors have the discmdon 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 ad including termination, (dude, but shall not be limited W the following: 1. Unsatisfactory Attendance a. Unauthorized absences Is 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 63 Pemnnel Policies and Employee HaMbW Efialve: January 1, 3015. City of West University Place Personnel Policies and Employee Handbook 3. 1rMifference Toward Work a. Inefficiency, negligence, loafing, carelessness, leeving 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 Rre 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 certifimte required as a condition for performing a job. d. Misusing or falling 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 violators assignment cr 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 decay. d. Damage, negligent use of or abuse to City vehicles, equipment and /or property. Failure to promptly report vehicle and equipment damage whether caused by the employee or not, and /or the failure to report accidents whereby the operator is involved in an accident or strikes an object (for example wits, boulders or other objects) regardless of whether or not any noticeable damage results. 5. Insubordination Willful failure or refusal by an employee to perform assigned work or to fully compty with lawful instructions or orders from a superveor or other appropriate manager. Subordination may also include the use of abasive language and displaying hostility in response to supervision and /or the refusal to submit te 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 supeMsor. 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. Page 69 Personnel Polities and Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook b. If an employee believes an instruction or order, if followed, would result in personal injury or damage to Gty, equipment, he or she should notify the supervisor who issued the order, or if necessary, another supervisor. c If an employee believes an instruction or order is illegal, he or she should immediately notify a supervisor above the supervisor giving the instruction or order. 6. Violation of Safety Rules a. Improper removal of safety guards (e.g. fire extinguishers); failure ro 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. b. Unsafe driving practices, which result in mere than two at- fault - accidents by an employee in a given calendar year. 7. Dishonesty/Fraud Fraud generally involves a willful or deliberate act with the intention of obtaining unauthorized benefits such as money or property, by deception or other unethical means. Dishonest or fraudulent activities include, but are not limited to: a. Misuse or misappropriation of City property, funds, securities, supplies, furniture, fixtures, equipment, or any other asset or unauthorized charges against the Citys accounts Including credit card amounts. b. Forger/ or falsifying or altering City documents (i.e. checks, time sheets, contactor agreements, purchase orders, etc.). c. Authoriong or receiving payments for goods not received or services not performed. d. Unauthorized use or misuse of City property, equipment, materials or records. e. Improprieties in handling or reporting of money transactions. f. Authorizing or receiving payments for hours not worked with the exception of those allowed under City policy. g. Then, destruction or removal of any asset or Inappropriate use of records. h. Embezzlement i. Seeking or accepting anything of material value from vendors, consultants, or contractors doing business with the city in violation of the City's policy. Exception: gifts less in value than the rate established by the State of Texas. Page 65 Personnel Policies and Employee Handbook Eff¢RWe: lanuary 1, 2015 City of West University Place Personnel Policies and Employee Handbook j. Any computer related activity involving the alteration, destruction, forgery, sale or manipulation or miseppropdatlorymisuse of data for fraudulent purposes. K Any misrepresentation or falsification that Is relied upon by, or detrimental to the City; cheating; lying to any CM official or member of City Management, Including the immediate supervisor. I. Falsely reporting illness or injury, or othenwiss attempting to deceive any official of the City as to a health or medical coition. Falsifying origin of personal injury to collect workers' compensation. Misuse of paid leave of absence . m. Any violation of federal, state or local laws related to dishonest activities or fraud. S. Disturbance a. Participation by an employee in a disturbance occurring on Ctty 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. a Use of abusive, profane, or threatening language; horseplay; deliberately causing injury to fellow employees. d. Harassment of other Cky employees or citizens; discourtesy to citizens; creating dissension or discord between employees, or between employees and citizens. e. Using confidential information In ways that may be detrimental to the City or to another employee. 9. Misuse of City Equipment or Services a. Careless, negligent or improper use of property or equipment; b. Abuse, misuse, deliberate destruction, abandonment, or damaging of property, tools, facilities, or equipment belonging to other employees, citizens or the City. 10. Sabotage a. Deliberate damage or destruction of City equipment or property; advocacy of, or participation in unlawful trespass or seizure of City property; encouraging, communicating or engaging in 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 alt, that may have Page 66 Fersonnel Policies and Emplayee Handbook Effacivei January 1, 2015 City of West University Place Personnel Policies and Employee Handbook 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. It. Theft of, aiding, or encouraging the theft of cash, Gty property, or equipment. a Operating or conducting illegal activity on the job or on City property. d. Any criminal offense shall be cause for disciplinary action up to and Including termination. 12. Disqualification from operating city vehicles and /or equipment. Types of Ofscipiinary Achom 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 condi the mule 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 wfih a copy of the reprimand. Onglrels of all reprimands shall be sent to Human Resources for inclusion in the employee's personnel file. Suspension or Involuntary Demotion: A suspension without pay or a demotion may be administered in situations where reprimands have already been given for previous infractions or lack or performance, or in situations that are serious enough to warrant this level of discipline without prior discipline. Page 67 Personnel Policies and Emdoyee Handhook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook Suspended of exempt employees must be in compliance with RSA 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 Diodp/irrary 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 ro 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 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 who has passed his/ her provisional period may appeal a suspension, involuntary demotion, or terminatimn that results in a loss or reduction of employee compensation to the CM Manager by submitting a request to Human Resources on or before 4:00 p.m. on the fifth business day following the dam the employee receives the Disciplinary Action. Employees do not have the right to appeal counseling reprimands, lateral transfers, reorganizations, elimination of a position from the budget eta This section does not apply to provisional employees. Human Resources will schedule a date to hear the appeal and give notice to the interested parties. Every effort will be made to schedule the appeal on the appealing employee's work time, but due to the various wodc schedules, this may not always be possible. In the event the Appeal Hearing is scheduled on the appealing employee's day off, fey 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 Discplinary Action Appeals process. Employees may designate a person to represent them in the appeal or they may represent themselves. Any representative must be designated at the time the employee submits his or her request for an appeal by providing the full name, telephone number and address for such representative. If an employee fails to designate a representative at that time he or Page as Personnel RoUdes and Employee Handbook Effective: Jana y 1, 2015 City of West University Place Personnel Policies and Employee Handbook she submits an appeal, no such representative will be allowed to attend or particpate in Me 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 Coun ii. 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, denial or termination of a telecommuting arrangement or other similar policies are Prot 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 69 Personnel Polices and Employee Handbook al five: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook M. Complaints Open communication between an employee and his /her supervisor Is encouraged. If an employee has a complaint or suggestion about any aspect of his or her work at the City, Including but not limited to, any work rule, work - related decision, promotion, promotion procedure, safety condition, work condition, treatment at work, or violation or any City policy or procedure, the employee should talk directly to his or her immediate supervisor or Department head. If the Supervisor or Department Head is not responsive or if the employee is uncomfortable discussing the matter with them the City encourages employees to contact either Human Resources or the City Manager. Page 70 Penom,el Policies and Employee Handbook Effective: January 1, 2015 City of West University Place Personnel Policies and Employee Handbook NOTES ADDITIONS & CORRECTIONS Page 71 Personnel Policies and Employee Handbook EffedNe'. January 1, 2015