HomeMy Public PortalAboutRES-CC-1999-24Resolution 24-99
A RESOLUTION ADOPTING CHANGES IN THE CITY OF MOAB PERSONNEL
POLICIES AND PROCEDURES MANUAL.
Whereas, the City of Moab Personnel Policies and Procedures Manual contains rules of general
application concerning hiring, promotion, pay, benefits, and discipline; and
Whereas, the Manual should be reviewed and revised on a periodic basis to ensure compliance
with employment laws and contemporary personnel management practices, and
Whereas, the Moab City Council has determined that the Manual should be revised, and
Whereas, the revised City of Moab Personnel Policies and Procedures Manual has been
presented to this meeting of the Moab City Governing Body,
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO
HEREBY RESOLVE TO APPROVE THE CITY OF MOAB PERSONNEL POLICIES AND
PROCEDURES MANULA IN SUBSTANTIALLY THE FORM PRESENTED TO THIS
COUNCIL
This resolution shall take effect on November 8, 1999
Passed and adopted by action of the Governing Body of Moab City in open session this
26a' day of October, 1999
CITY OF MOAB
By .6e4eiLL/P 16,2, l0 J
Karla R Hancock
Mayor
Ahest
--a
_i ai-a/J(
Rachel Ellison
City Recorder
Personnel Policies and Procedures Resolution
Page I of I
City of Moab
Personnel Policies and Procedures Manual
INTRODUCTION
I.1 Mission Statement for the City of Moab
It is the mission ol the City of Moab to provide quality, efficient services to Moab citizens and
business owners. It is our mission to be accessible, accountable, :mil l esponsive to the public in
all our dealings. It is our mission to promote the best interests of the citizenry at large, and to
deal with individuals fairly, piolessionally and compassionately.
I.2 Purpose ol Personnel Policies and Procedures
The City of Moab Personnel Policies and Piocedui cs a►c meant to lui the' the emission of the
City 'These policies are rules of general application concerning liming, promotion, pay and
benefits, and cinployec discipline. These policies shall not be regal ded as a contract, whether
express of implied, between the City of Moab and each employee. The City i cscrves the i ight
to iescmd,'noddy, or amend these policies and procedures horn time to time, and all such
changes shall be binding upon employees. Employees aue advised that these rules cahoot
:anticipate each and every employment situation, and that special eases may warrant clepai hires
or modifications of policy by the supervisor or appointing authority.
Employees arc further advised that policies which cr cafe financial obligations on the part of the
City arc subtect to modification depending upon budgetary cons(' aims imposed by state law.
All employees, other those appointed by written contract, ai a advised that they v c appointed
lot an indefinite term of employment. Termination from employment shall be governed by
stale law, and this manual is specifically intended to implement statutory provisions Howevci,
with iespect to dlischa►ge, this manual shall not be construed to cooler upon employees
procedural or substantive rights in excess of those alleady provided by stale statute.
ARTICLE I - EQUAL EMPLOYMENT OPPORTUNITY POLICY
1 1 Gene' al Statement
It shall be the policy of the City of Moab to comply with the spirit of Equal Employment
Opportunity with iegaid to personnel actions in classification, development, Naming, upward
mobility, job specification, rcc umnent, promotion, demotion, discipline, layoll, 01 termination
lot all employees and applicants. Them c shall be no unlawful disc► nnutation in any per sonnet
action on the basis of a per son's lace, religion, sex, coloi , (Aced, national oi igrn, ancestry, age,
marital or veteran status, oi non job related physical oi mental disability. The term "sex" as
provided herein includes unlawful disci nunalion in the loi in of sexual har assincin, as lui the'
defined in this policy.
1 2 Intioduction
(A) In accordance. with the iequucnienls and objectives set forth in State and
lederal law, the City does hereby actively promote equal opporlunuy ol employment in the
areas mentioned above
(B) Responsibility for insuring compliance and continued implementation of the
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Personnel Policies and Procedures Manual
City's policy of Equal Employment Opportunity shall be assigned to the City Manager. Such
compliance will be checked on an annual basis.
1.3 Dissemination of City Policy
Internal Dissemination - The City's policy on non-discrimination will be brought to the
attention of all employees by the department head at the time of hiring. Regular meetings with
all elected officials, department heads, supervisors, and related personnel of the City will be
conducted. The primary purpose of such meetings will be to faniliaizc employees with the
contents of this plan and to further inform them of their specific and individual responsibilities
with regard to Equal Employment Opportunity.
1.4 Program Application and Responsibility
All levels of management within the City organization are responsible for the proper
implementation of the Equal Employment Opportunity Policy as outlined herein.
1.5 Recruitment and Selection
(A) Recruitment - The City's policy is to give equitable consideration to all qualified
applicants for employment vacancies on the basis of individual qualifications, potential, and job
performance. Statutory appointees arc excluded from the provisions of this section.
(B) Placement - All position descriptions and corresponding statements of
minimum qualifications shall be related directly to job duties and responsibilities. Such
qualifications will be reviewed periodically to insure their accuracy.
(C) `Pests - Any tests that tu-e utilized by the City Ior placement or job qualification
shall be reasonably related to nccessay job functions and skills.
1.6 Training and Personnel Status Changes
(A) All training and education progrtuns will be reviewed periodically to he certain
that all personnel arc given Equal Employment Opportunity to participate in these programs.
(B) A11 eligible and qualified City employees shall receive consideration for job
vacancies atcl job training in all departments in accordance with this Equal Employment
Opportunity Policy.
(C) All transfers, terminations, demotions, disciplinay actions, and reductions of
force shall be made in accordance with this Equal Employment Opportunity Policy.
1.7 Complaints
Employees who believe they have been subjected to unlawful discrimination should lile a
grievance with their department head, or, if the department head is the source of the
discrimination or refuses to resolve the problem, with the City Manager. Grievance
procedures shall be in accordance with Section 9.8 of this manual.
1.8 Sexual Harassment Policy
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(A) It is the City's policy that the management and employees ol the City shall not
tolerate sexual harassment.
(B) Sexual Haia►ssinent occurs when an employee is subjected to unwelcome
conduct, based on sex, which is severe oi pervasive and occurs in one of more of the lollowing
citcuinstances:1) The conduct is either an explicit oi implicit condition of an indiv►du.il's
employment; 2) Submission to of ►ejection ol such conduct by an individual is used as a basis
for employment decisions allecting the individual, such as salaiy of advancement; o► 3) Such
conduct Ins the purpose oi cllect of unreasonably inteifcung with an individual's woik
performance oi cleating an intimidating, hostile or offensive working environment Conduct
which can be considcie<I sexual hauassincnt includes, but is not limited to, unwelcome sexual
Advances, jokes of a sexual name, unwelcome continents about a petson's clothing of
appearance, stones or continents about a person's sexual behavior, sexually explicit
photographs o► pictures, o► unwelcome touching ol a sexual ►tatutc. Sexual harassment is a
violation of these policies and specifically the Equal Employment Oppoituntty Policy.
(C) Employees who arc subject to sexual harassment or who pcisonally observe
such conduct should report the conduct to then depat Intent heats. The depai Uncut heart shall
convey all i clot is of sexual hau assuient to the Per sonnet ()Ricer. It the delta" tnlent head is the
source ol the conduct oi ieluses to resolve the piobleni, the employee shill lilt a written
gilevauce, as piovided in Section 9.8, Lqual Eniploynicnt Oppotluntty G►icvtmces.
1 9 Disciplinary Policy
Employees who engage in unlawful d►scumma Lion, including sexual hat assnicnl, oi who laul to
take action to stop such conduct ate std)Icct to discipline, which may include suspension,
demotion, tcinmlattion, oi othct disciplmauy action
ARTICLE II - GENERAL RULES AND REGULATION
2.1 Puroosc
The City establishes the following petsonncl rules to obtain the oi<lcrly, unit min, and Ian
interpretation of City petsonucl pohucs.
2.2 Construction aui<1 Annlication of these Policies - Classes of Employees
(A) In these rules, the phrase "all employees" oi "any employee" means that a
provision applies to classified employees, statutory appointees, piobationary employees,
temporary employees, and seasonal employees.
(B) These rules do not apply to the employment, benefits, auul salaries ol the City
Manager, elected officials, contractois, and nlemhe's ol policy, advisory, ievtew, and appeal
boards, oi similar bodies, except to the extent these rules :tic ulcoipoi ated into individual
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employment contracts.
(C) Where a provision of these i ules is silent as to classes of employees to which it
applies, it shall be construed to apply to classified employees and statutory appointees only
ARTICLE III - SALARIES AND COMPENSATION
3 1 Pay Petmd
All employees are paid bi-weekly The calendsu year rs divided uilo 26 pay periods. Pay days
are the Friday following the close of .t pay penod unless that day is a Holiday, in which case
Thursday piecechng shall be the pay clay A pay penod consists of a total of lout teen (14)
calcndai days and shall start on a Monday a ni
3 2 Wcnk Week
The established work week for all employees is from Monday at 12 00 a ui to Sunday at 11,59
p ni The number of clays and number of bouts per week to be woi ked will be as assigned by
dtc department Salaries lot all departments shall be based on a loity (40) flour work week
3 3 Salary Policy
The City Manager and department heads shall be icsponsrblc lot the development of a
uniform surd equitable pay plan that consists ol a mmtnium and maximum late ol pay foi each
class ol positions The salary i.mges are linked to the classes of position in the classification
plan In aiuvuig at salsuy i anges, consideialion should be given to:
(A) M.untensuice of correct relationships between the sal.uy glades ol v,uious
Positions in the City service
(II) The duties and iespousibiltlies ol the position
(C) The conip.0 able wage i ates lot suiilsu woi k to other municipalities within the
State ol Utah.
(D) The linsurual position of the City
3 4 Sten-Increment Pay Plata
Employees are classified actor ding to pay t angcs, each ol which includes a series ol pay steps,
beginning with the minimum, or entry level, salary 1or the position. The pay steps within a pay
t ange may extend indefinitely This classification system will be called the positron classification
clr<vt Non-classified/exempt employees may be listed in the position classification chat lot
'defence put poses only Pi ogi ession of an employee along the pay plan shall be determined
on the basis of the meat ol the employee Salary increases along the step inci enienl pay plan
may be awarded alter the completion of an evaluation of the employee by the employee's
superior, and upon approval of the employee's supervisoi, the dcparnnentliead and the City
Manager. Evaluations of Job performance should be pert oimeal at the end of llie employee's
piobation.uy penod and annually on the employment date of the employee Otlrci pciioclrc
evaluations ol employee petlouiiaiicc may be peiloimcd Pay ranges may be adjusted
penoclically on the basis of annual surveys ol salaries patch lot coniharable work m other
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Pet sonnet Policies and Pioceduies Hainan
municipalities within the Slate of Utah, within the limits ol lcdci al wage and price guidelines.
nes.
3 5 Cost of Living Adiusunenls to Pav Rate Schedule
The City Council, upon icconmlendation Iron the City Manage', may mike pcuodic
adjustments to the Pay Rate Schedule in ordct to accommodate inc►eases in the cost of hiving.
S%.mdai d stale and national measures shall be used in delci inning cost ol living adjustments
3 6 Executions to Basic Pay Plan
Paul -line and temporary employees arc not included in the step -inclement pay plan, but may
icccive men( Incic.nSCS based on l>Cl loi Inancc consider 4111011s wi(ltiin (Ile Illlnr(S of (hc pay flange
and within the limits ol ledcial wage and pi ice guidelines 'l tic pay ranges lot these positions
may also be alluded per iodic.11ly on the basis of salary surveys Pun stun nt to section 7 (k) oI the
T.ui Labor Staandaids Act, the City establishes a fourteen (1,1) day pay penod loi all employees,
including public salcty employees This section allows the City to exempt police ollicet s fi oil
overtime p.ty, at tame and one -hall, until the employee exceeds 86 hoots in a pay pcilod
3 7 Longevity Pay
Classified employees, statutory appointees, and conoactuall employees receive longevity pay
al lei completion ol live (.5) yc.0 s ol employment Longevity parry, as applicable, will be paud in
the lii st pay pci 1od in January lollowving the employee's 5, 10, 15, oi 20 yea] .mnlvel sary dale.
Longevity pay shall be as lollows.
(1) 1% of base annual salary upon completion ol five (.5) lull yc.us of
continuous service;
(2) 296 of base simian salary upon completion of ten (l0) lull yaws of
continuous scrvif c,
(3) 3% of base annual salary upon completion of fifteen (15) lull ycaus of
continuous seivlcc,
(4) 5% of base annual salary upon completion ol tventy (20) lull years ol
continuous service.
3 8 Overtime and Coiuncnsatoi y Tune OIl
(A) Normal woik schedule. Tlic not ical work schedule loi all employees is
established by the department head and consists of such hours on such days as may be
icgularly assigned Iron time to nine
(B) Audionty lot overtime. The depautucnt head will dlcicuiure the need loi
overtime arid when it will be autlionzed oi used 'rile approval ol a supervison, division head
of dcpau-tincnt head must be obt.vncd before oveitinme is worked, except in cmelgcncy
situations in which the approval may be olmuncd on the next working day
(C) Compensatory time The granting ol compensator), (line-oll in lieu ol paying
overtime pay for over time hour s woi ked will be pet nutted All compensatory time not taken in
the same won k week as ovei time hours worked will be accumulated al the late ol one and one -
hall tinges time Hour ly late of pay. All compensatory time ours( be approved by the supervisor,
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division bead or department head. The department head may reject requests for
compensatory time if work loads preclude availability. Exempt employees are not entitled to
compensatory time or overtime pay.
(D) Overtime: With the exception of exempt employees and non-exempt police
officers, all employees who work overtime will be paid at the rate °roue and one-half tinges the
hourly rate of pay. Overtime is that time worked in excess of forty (40) hours in a work week
and does not include time such as vacation leave, sick leave, holidays, etc. Non-exempt police
officers shall receive straight hourly pay for work exceeding eighty (80) hours in a pay period,
until they exceed eighty-six (86) hours. When non-exempt police officers exceed 86 hours in a
pay period they will receive pay at one :uul one-half limes their hourly rate, for such excess.
(E) Time included: In determining completion of 40 work hours in a work week or
80 work horns in a two -week pay period, holidays and authorized absences shall be excluded.
(F) On Call/Minimum hours: The department head may establish a minimum
period of overtime for employees who are "on call" and are required to leave an available
phone number for contact. Employees who are routinely issued radios am(lAw pagers arc not
deemed to be on call for these purposes. The department bead may also establish a minimum
period of overtime for calls to work, such as court appearances, where the work is canceled
upon or alter arrival of the employee.
(G) Eligibility: In general, all non-exempt employees are eligible kw overtime.
Employees who are identified ergs exempt status employees are not eligible kw overtime or
compensatory time. Exempt employees as of September 1, 1998 are the Ibllowing: City
Manager, Recorder,'freasurer, Chief of Police, and Public Works Director.
(H) Emergency declaration: In the event of it disaster or emergency officially
declared as such by an appropriate official, any employee may be required to work overtime to
preserve the peace or to protect the general health, safety and welfare of the City.
3.9 Salary Adiustments
Wl►en the rate of pay of an employee is lower than the prescribed minimum for his/her class
in the classification plan, the rate shall be increased to such minimum.
3.10 Separation Pav
All employees who terminate shall be required to return all keys, tools, salcly equipment, and
other City properly and clear all financial obligations related to employment prior to receiving
their linal paycheck. In the event they do not clear the above obligations, the value of the
equipment, properly, or any remaining financial obligation to the City shall be deducted from
their final paycheck. Final paychecks shall be issued through the City administrative offices
and shall include compensation for all unused annual leave (comp time, sick leave, vacation,
etc.) imd longevity pay.
3.11 Severance Pav
When classified employees are separated from City employment as a result of a reduction in
force, or through no fault of the employee, and the circumstances require immediate action by
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management, thereby not pernnitlinga two (2) week notice, the employee shall be paid two (2)
weeks' severance pay in lieu of two (2) weeks' notice. Severance pay for statutory appointees is
addressed in Section 7.25 of these rules
3.12 Pay Advancements
The City will not make pay advances to any employees. A pay advance is .any compensation
advanced to a non -separated employee prior to the completion of the pay period.
ARTICLE IV - BENEFITS
4.1 Vacation
Classified employees, statutory appointees, and contractual employees begin to tarn vacation
upon commencement of employment. Vacation time is intended to benefit the employee, and
employees are encouraged to lake vacations in the year in which it is earned. The following
schedules show the number of vacation (lays that will be accrued upon completion of each full
year of employment:
Completion of Service Vacation Days per year
Exempt Employees
Completion of lust year
Completion of second year
Completion of fourth year
Completion of sixth year
Completion or eleventh year
Completion or thirteenth year
Completion or nineteenth year
Non-exempt Employees
Completion of six months
Completion of last year
Completion or second year
Completion of sixth year
Completion of eleventh year
Completion of sixteenth year
Completion of twentieth year
10 days
13 days
16 days
18 days
21 days
23 days
29 days
2 (lays
b (lays
1O days
13 clays
16 (lays
19 (lays
24 days
(A) Accumulation: The number of days of vacation accumulated by a classified
employee or statutory appointee shall be limited to one yc.u-'s entitlement. Iran employee is
unable to take his/her vacation, the employee will be paid for the unused vacation time at the
rate of pay that applied at the time the vacation was earned.
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(B) Sick leave substitution: If a documented illness that would justify use of sick
leave occurs while an employee is on vacation, that time may be counted against any
accumulated sick leave irrequested by the employee.
(C) Payment: Payment for accrued vacation, to the nearest whole hour, shall be
made upon retirement, death, or upon termination of employment.
(D) Holidays while on vacation: All authorized City holiday shall not constitute a
vacation day, :md whenever ar authorized holiday falls within :ul employees vacation leave, he
or she will be entitled to one (1) additional day beyond the specified vacation period.
(E) Exempt employees' reporting of leave: Exempt employees shall report leave in
eight -hour increments.
4.2 Vacation Scheduling
The City will specify when vacation shall be taken and shall consider seniority and preferences
in such determination, but in any event, scheduling of vacations shall be at the discretion of the
deportment head. Every elrort will be made by the City to accommodate the employee's
requested dates for vacation.
4.3 Sick Leave
Classified employees, statutory appointees, and contractual employees shall accrue sick leave
at the rate of one day for each month of service. Holidays falling on regular working days
within such period shall be credited as a day of set -vice. Sick leave shall accrue to an available
❑laxlltlum of ninety (90) calendar days. Upon accumulation of the maximum sick leave days,
the amount in excess of maximum shall be paid out to the employee, unless the employee
requests the time to be converted to vacation leave as specified in sections 4.6 and 4.7.
(A) Probationary employees: Sick leave shall accrue, but shall not be available until
after six (6) months of service for probatiomuy employees.
(B) Authorized uses: Sick leave shall be granted to an employee who is absent
from duty because of illness, injury, quarantine for exposure to conta0ous disease, medical or
dental appointments, or death of an immediate tinnily member. Immediate family includes the
employee's p u-enls, step-parents, children, step -children, siblings, grandparents, and in-laws.
4.4 Administration of Sick Leave
(A) Report requirement: In order to be paid for sick leave, an employee must
notify the department head, or the person designated by the department bead to receive such
notice, within a reasonable time prior to the slut of the work shift.
(B) Illness or accident: When it is established to the City's satisfaction that an
employee is incapacitated because of sickness or injury to a degree that he or she would not be
able to perform his/her duties safely, sick leave, if accumulated, will be granted, or if the
employee does not have any sick leave, the time will be deducted from other leave balances.
(C) Death in family: When death occur in the employee's immediate falmily, sick
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leave will be granted. Department heads may approve an employees' use of sick leave to attend
funerals.
(D) Emergency sick leave: When an emergency or unusual situation exists which
directly affects tlm health, safety and welfare of a member of the employee's immediate tinnily,
the employee may be granted emergency sick leave with the approval of the department lieacl.
(E) Medical certification: Medical certification may be required to substantiate sick
leave. In the event there is a reason to believe that an employee is abusing sick leave, the
employee may be required to furnish, at the Cib%s expense, medical certificates and a written
statement of the reasons Ibr any period or sick leave.
(I) Return to work: If our employee has been absent from duty because of sickness
or injuries for a period of three (3) or more working days, the employee may be required to
satisfy the City, with medical certification, that he/she can perform normal job unctions prior
to being permitted to return to work.
(G) Job -related injuries: Any employee absent from work because of a job -related
injury is entitled to use all available sick leave prior to receiving worker's compensation benefits
any period in which the employee is eligible !Or such benefits. In no instance shall the
employee be entitled to sick leave pay and worker's compensation for the same period of
disability or injury. Where applicable, the City may require that the injured employee assign
any worker's compensation wage replacement benefits (exclusive of payments for medical
expenses and tte like) to the City in putial reimbursement for this benefit auul to the extent
necessiu-y to prevent a double payment.
4.5 Abuses of Sick Leave
The City shall have the right to investigate, at its own expense, the causes or circumstances of
any absence or use of sick leave.
4.6 Compensation for Unused Sick Icave
(A) Employees with more than thirty (30) clays accumulated sick leave may be paid
fix unused sick leave. Paid sick leave will be paid in Jauuruy for the preceding year, al the
current rate of pay.
(B) In no event will an employee be compensated for unused sick leave to an
extent which reduces accumulated sick leave below thirty (30) clays.
(C) Sick leave that has been paid will be subtracted from the employee's
accumulated sick leave.
4.7 Conversion of Unused Sick Leave to Vacation
Subject to scheduling with the department head, an employee with sixty (60) clays or more of
accumulated sick leave may convert up to live (5) clays of sick leave into additional vacation
leave on a one-to-one basis. Sick leave converted to vacation will be subtracted from the
employee's sick leave.
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4 8 Holidays
(Al The City observes the following days as piaci holidays
New Yew's Day
Civil Rights Day
Pcesidenls' Day
Memonal Day
Independence Day
Pioneci Day
Labor Day
Vete'ans. Day
Thanksgiving Day
Day allei TL.mksgwing Day
Chnslinas Day
(B) When a holiday falls on a Sunday, Monday will normally be the day of
observation A holiday Jailing on Saturday will not mally be observed on the mewling Fi ulay.
`Elie City may observe a holiday on the clay normally observed by Slate and County Agencies
(C) When a holiday falls within an employee's vacation peuod, the holiday is not
counted aS a vacation day
(D) Vital services of the City ale not mleli'limed by the obsemalnee of holidays, and
some employees will be scheduled to woi k on holidays
(E) Classified employees who eilhei woi k on a scheduled holiday of do not derive
the benefit of having the holiday oll on a scheduled workday shall iccewe an additional eight
(8) hours of straight (houily) pay as compensation loi the holiday.
4 9 Woikel's Compensation
Slate law pi ovules wolkei's compensation lot all employees and the City is nistaeel lot this
purpose The benefits of woikers compensation will be paid to the City pursuant to the
Workmen's Compensation Act
(A) All employees who arc mimed on the Job must lepot l the minty to a supernsoi
immediately, and forms piesciibed by the Slate Industrial Commission must be completed
and submitted to the City adinnusti alive offices within two (2) woi lung (lays of the inguy or
i cpoi t of the injury
4 10 Employee Pension Plain
Classified employees and staluloiy appointees shall patlicipale in the Utah Stale Retirement
System This icliremenl system provides a number of benefits to the employee Due to the
complexities of the plan and its impact based on occupation, employees should relei to the
State Retirement Information Handbook regarding any questions concerning the plan
4 I l Social Security, O A S I
All employees of the City contribute to the O A S I , of Social Secunly program, as
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aduunisleted by the redcia l Covernment This is ,t system of ielnement benefits batted on
equal employer and employee contributions to public msw ance i eserves
412 Undorms
The City will provide undo' ins and/ot a unilonn mauntenance and cleaning payment to all
employees icquired to wc.0 and maunt.un undoints
4 13 Health Instil a nce
The City pays 10096 of the pentium on health instil ,utce lot classdied employees, statutory
appointees, contractual employees and then dependents. The plain includes maim medical
provisions The City admmisualive offices will itantlle .my pi °bloats 'elating to health
insurance The Cnty will teumtburse exempt status employees an .unount equivalent to the
deductible ehaige assessed by the instil ance company 'The employee shall submit
documentation to support that. a deductible was assessed and then paid by the employee
Reintbui semenls au a limited to the deductible limitations of the unit ante policy in effect `l'he
City lurlhe finals reunbutsenmeins to $100 pei yeat, pet employee, or $300 pei yea', pei
Lundy. No other deductibles aue rembuisable
414 Dentallnsmawce
The City pays 100% of the pentium on dental /IMP vie loi classified employees, slalutoty
appointees, coma( dual employees, and then dependents The City adnunisti alive offices will
handle any problemselating to dental insurance The City will leinibuise exempt status
employees an amount equivalent to the deductible tinge assessed by the insurance company.
The employee shall submit documentation to suppot I that a deductible was assessed and then
paid by the employee Rcinibutsements arc limited to the deductible limitations of the
uisuiaunce policy in Oleo
4.15 Life Insurance
The City ollets .t volunl.uy ble insurance protection plot for employees. Employees should
check with the City Recoidei's office for a lull descuption of the benefit
416 TrauningPiogiauns
aming °grams ale those designed to uupiove the employees on-the-job peloumince
When any employee's sent to a ti aiming prognun, the City will pay associated expenses and
registration fees
4 17 Education Programs and Assistance
In the into est of enhutcing the abilities of the work bite, the Cay may, subject to the
pi ocedures provided in tits section, reimburse, when funds v c av,ulable, classified employees,
statutory appointees, and contiaclual employees lot classes taken at an acciedited college,
university, or other educational institution In addition to benefiting the individual, the intent
of the tuition aid reimbursement piogrun is to benefit the City tin ough the utilization of and
employees newly acquited shills 'rhe pioguun is not intended to tram employees loi
opportunities with olhet employers
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Alter a department has determined that funds arc awaulablc lot tuition aul reimbursement, the
following conditions must be met:
(A) Criteria tom Eltytbuhly.
(1) Employee must be lull -time, woe king at least lot ty (40) bout s pet week,
mid not a piobauionary employee
(2) Employee has not yet leached the annual hoof of Ili 1,000, ats desci cbed
in P.uagia ph B-2, below, in tuition :ud icunbwsemen( paid (luting a
calendar year
(3) Classes must be taken for credit and completed. Audits, mcompletes,
duel withdrawals are not eligible lot icnnbuascmient
(11) Criteria lot Appi oval.
(I) Amu oval is contingent upon sulliucnl lunds in the depmu(ment•l
budget
(2) Employees .ue limited to a maximum of $1,000 tin tuition .ud
tcinibutsement in a calendar ycau.
(3) The employees supemsot and depot intent head must dilutive the
ucgnest
(4) The ionise wouk is (Acted at .n institution acci edited by the Slate of
Utah of Ohm institution appi ovcd by the City of Moab.
(.5) Com se work is taken on the employee's own (unpaid) time.
(6) Employee's job pet lorina nce ie satislacloty.
(C) Progidml Reg tilt em ants.
(I) Clan of (tepee must beiob-i elated, based on flue knowledge, skills mul
abilities iequucd by the employee's cm rent lob (lest!' ption
(2) Shcisldctory completion of the class(es) as substantiated thiough .t
certificate of agrade of C of hughet, of "Pass" d the class is olleted only
Pan/I'll, will be rcimbui tied lot 70% of the total out-ol-pocket cost of
the cool se (Atm grants of scholau ships have been deducted), up to the
calendar yeat maximum of $1,000
(D) Application Ptocedute
The employee should lake the lollowng steps when applying lot tuition aid
retmbuisemenl•
(l) Discuss with depautinent head his/hei intent to attend classes 30 clays
pi tot to start of classes, to witty II funds will be avaulable.
(2) Obtain Puich.Lse Requisition rotor from depot mien( head.
(3) Complete aiul submit the loi in to depot intent head, with moo' of paid
tuition
Application lot educational assistance shall not normally be approved lot
tcunbu cement of couise(s) token in excess of rime (9) bows pet semeslei or gum ter
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Il the employee Is entitled to Vete'an s educational benefits, he/she must use
such benefits in lieu of City r emibursemenl The City I enmbursement will be educed by the
ruuount of leumbursement the employee is eligible lot burn the Veterans Adnunislratton
(E) Repayment of Tuition Benefits. Approved educational pi ogl am assistance
shill be regarded as a forgivable advance against luture wages If an employee quits of is
lcnmutated from employment %Main one year of completion of a ptomain paid lot with
educational assislallce lundls the costs advanced by the City shall be deducted lion] the
employee's final wages II the final wages are insufficient to completely i emibui se the City, the
balance shall be p.ud by the employee anlhm 30 days of sepal anion Upon completion of one
year of service lollowmg completion of the educational piogia m the costs advanced by the Ctly
shall be lorgiven Notlung to this section shall be conslt tied to create any expiess of implied
term of employment for any covered employee
,118 Use of Piwate Vehicle - Reunbutsemeul
The City will pay a mileage allowance, in an amount delei mined by the City Council, lot the
aulholiied use of a pi wale vehicle on City business
4 19 lusuiance Protection
The City cal ties liability instil.mce coveting the opei ation of City vehicles tuul coves ingv,u ious
other activities of the City All employees opeiming City vehicles must lepotl accidents
immediately to a supervisoi and complete such iepoits as may be tequued.
4 20 Glv Pool Piwileges
Classified employees, statutory appointees, and contractual employees will be jitutted once
a ye.0 a Faintly Moab Swim Cumlcl pass flee of chatge.'The pass is testiicled to the uses
stated on such pass and will expo e at the end of each swim season
ARTICLE V - LEAVES AND ABSENCES
5 1 Leave in General
Leave, in the context of these i ules, means audios ized absence Leave may be lrud, as in the
case of vacation or sick leave, of unpaid, as to the case of a leave of absence An angements
lot leave ate made (Inough the supervisor, subject io depailinen( requirements and
department head approval
5 2 Vacation and Sick Leave
Vacation, sick leave and paid holidays are discussed in AI tole IV
5 3 Military Leave
Leave may be granted lot a petiod of active mthlary service Extended Military Leave is
defined as any leave of six (b) months or mot c, and Shot l Term Military Leave is any leave of
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less than six (6) months in duration.
(A) Short Tenn Military Leave is authorized for classified employees, statutory
appointees, and contractual employees pursuant to the following conditions:
(1) Employees are entitled to eleven (11) working days' military leave per
year without the loss of compensation or other fringe benefits, subject
to sub -section 2 next.
(2) Employees requesting such leave must provide the City with a copy of
the military orders placing him/lrer on active duly status.
(3) Employees who arc members of reserve units of the militiuy shall
notify their immediate supervisor at least four (4) weeks in advance and
shall indicate in renting their expected length of active duty. Such
written notification shall be made a part of the employee's personnel
lile.
(13) Extended Military Leave Without Pay may be granted to classified employees
and statutory appointees who are drafted, or are recalled to active service in the armed forces
of the United States in accordance with the provisions of the Universal Military Training and
Service Act. Former employees shall he permitted to return to City employment pursuant to
the following conditions:
(1) The leave of absence may not exceed lour (d) years from the dale of
envy into the military service (unless the employee is involuntarily
retained longer).
(2) The employee must have satisfactorily completed the period of active
duty and liwnish certification to that effect.
(3) Employees subject to this policy and leaving active military duly are
authorized to request reinstatement to an available position of
comparable grade and rule of pay to that previously held. If the
employee declines two (2) consecutive offers for position vacancies,
reinstatement rights shall terminate.
(4) If, die to a sevice-connected disability or for some other reason, an
employee is not qualified to perform all the duties of his/her former
position, he/she will be placed in the closest comparable position for
which he or she is qualified.
(.5) Such Icave of absence will be considered leave without pay. Benefits
shall not accrue for the duration of the leave, although the employee
shall be entitled to any accrued benefits.
5.4 )ury Leave
In the event that any employee is summoned for jury duly or is subpoenaed as a witness, a
paid leave of absence shall be granted for that purpose, provided the employee shows to his
superior the court order, subpoena or summons. `Me employee shall be expected to be at
work during the regular working hours when not required to be absent and the employee shall
provide proof of actual jury service. ir the employee remains on the payroll during such jury
duty, lie/she shall assign all jury or witness lees to the City kmjur}/witness duties served.
Employees taking jury leave shall attach a copy of the jury summons to the time sheet for the
pay period in which jury leave is taken.
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(A) Time absent by i eason o1 subpoena in private litigation of by some party other
than the Federal Government, State Government of a political subchvlsmon thei col, to testily in
olhem than an official capacity, shall be taken as vacation leave or leave without pay.
5 5 Leave for Voting
An employee who has less than three houis between the time the polls open,uul close (luting
which the employee is not. employed on the lob shall be glven reasonable time oil to vote in all
local, county, state and tedel al elections Such tine on shall be .0 nutged with the employee's
superwsoi.
5 6 Medical o1 Dental Leave
When any employee, lot his/he' own peisonal use, requests time of) to obtain petscin.il
medical or dental eve, he or she shall not be charged for sick leave if the rune oil the lob is
less than one quarter of lusher work shill II the employee must be away from the lob for
more than one quarter of the work shift, be/she shall be charged sick leave in one -hour
increments Employees must schedule such medical and (rental leaves with then supe'vlsol
Except in cases approval by the dcpai Intent head, such leave will not be panted mole that
lour (4) times per yea'
5 7 Maternity Leave
(A) Any employee who becomes pl egnalnt may continue wot king until such time as
she can no longer satislaclot dy per lone her duties, of he' physical condition is such that het
continued employment may be injurious to her health. An employee shall, upon request, be
equired to present medical certification (tom het doctor, at het expanse, ver'lying fitness to
continue or resume Ivo'k
(B) Unpaid maternity leave shill be granted in accordance with the Family and
Medical Lc.we Act pi °visions in Section 5.9, below An employee may elect to have such tune
absent Noun won k ace' edited to sick leave aid vacation leave (including aces nal) prroi to being
carved on leave -without -pay status
5 8 Admmistiative Leave
A classified employee of statutory appointee may, upon the appi oval of the City Manage' or
designated i epresenlative, be anted leave with pay to pet lonn legitimate duties in connection
with City business, to attend [lade or piolessional meetings which 'elate to official duties, to
Participate in recognized and authorized hauling putgtams, of for olhei putposes dhrectly
'elated to the conduct of official City business
5 9 Family Medical Leave Act
(A) Up to 12 weeks of unpaid leave will be panted to any employee that has been
employed by the City lot at least 12 months and Lass worked at le.tst 1,250 'touts chi mg the
previous 12-month penod lot the following reasons
(1) to cal e for the employee's child alter bu lh, of placement for adoption
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Personnel Policies and Procedures M:mual
or !roster c:u-e;
(2) to care for the employee's spouse, son, daughter, or patent who has a
serious heath condition; or
(3) for a serious heath condition, including pregnancy or related
complications, that makes the employee unable to perform the
employee's job.
(B) When possible the employee will provide thirty (30) days advcmce written
notice prior to the leave taken pursuant to this section.
(C) The City may require medical certification to support a request for leave
pursuant to this section, and may require second or third opinions (al the City's expense) and a
medical certification prior to the employee's return to work.
(D) The City will maintain any group heath plan insurance normally provided to an
employee taking leave under this section either until such time as the employee should fail to
return to work following exhaustion of all available leave, or until the employee notifies the
City of his/her intent not to return to work.
(E) The City will attempt to restore employees taking leave pursuant to fills section
to their original or equivalent positions with equivalent pay, benefits and other employment
terms.
(F) No employee taking leave pursuant to this chapter shall lose any employment
benefit that accrued prior to the sta-t of the employee's leave.
5.10 Leaves of Absence
(A) Leaves of absence without Day may be granted for periods not to exceed one
year to non -probationary classified employees and statutory appointees because (Wiliness or
infirmity, for educational or religious purposes, or for other similar reasons. Leave is available
sr' :xi to the discretion of the supenisor and the appointing authority. Leave shall not be
granted where it will result in fiscal or operational lia•dship to the City. Factors which may
influence the decision to grcuri leave include the employee's performance record, length of
senrice, and related factors. Request for leave shall be made in writing to the appointing
authority. Employees cm leave status do not. accrue additional benefits and leave time is
excluded from the calculation of length of setvice. The City camol guarantee that an
employee on voluntary leave will be returned to the same position or rate of pay upon return
to active duties. Where leave is sought due to illness or medical condition, leave taken under
the Fanily and Medical Leave Act, as described in Section 5.9 shall be counted against the one
year limitation of leave under this section. Failure to report for duly upon expiration of leave
under this section is grounds for discharge.
5.11 Unauthorized Absences
Any employee absent from the Job without approval from a supervisor may be disciplined or
terminated. Unauthorized absence for two (2) consecutive clays or more may be interpreted as
resignation without dote notice. Employees will not be paid for any period of unauthorized
absence.
5.12 Failure to Return from Leave
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Any employee wlto lads to ietum from leave may be terminated Any employee who is unable
to return (tom leave at the time scheduled should make an aigements with Ole superviso1 OI
department heacl to extend the scheduled date of ielm and teasonable request lot such
extension may be accommodated.
ARTICLE, VI - OCCUPATIONAL SAFETY AND HEALTH
6 1 intent and Purpose
It is the intent and purpose of the City to comply with all applicable rules and tegulations
pet laming to the Occupational S.lety mid Health Act as established under Federal Law or
Utah State Law
6.2 Responsibility for Woikplace Safely
The City shall furnish each of its employees a work environment flee hom iecognifecl
humds The City requires that employees comply with the occupational safety and health
stanclaids, orders, rules, and regulations piomulgaled mulct the Occupational Safely and
Health Act Compliance with this Act shall be accomplished through the establishment of an
occupational safety and health program as outlined heicm
6 3 Inspection and Enforcement
City admtnistiatuon shall inspect of designmale a competent person of pet sons to inspect
h equently for unsafe conditions and practices, delectuve equipment .mcl maler tals, and Miele
such conditions ate found, to take appu opiate action to cot tech such conditions immediately.
Supervisory per sonnel shall enlot ce sal ety regulations and issue such t ules as may be necessauy
to s.leguaid the health and lives of employees They shall wan all employees of any
d uigerous conditions and permit no one to woi k in an unabe place, except f or the purpose of
making it sale
6 l Recotds
An accut ate t ecotd sliall be kept of all accidents involving injuries to employees while on duty,
whether or not time is lost These records shall at all reasonable tunes be amiable to the
Industrial Commission or its lepresentatives upon request Other records shall be kept as
tequesled by the Industrial Commission
6 5 Posting Emu gency Aid
Each depar uncut head of supervisor shill post in a conspicuous place a copy of slate woi kei's
compensation regulations and policies logelhei will a list of telephone numbets ail/ot
addresses .cs may be applicable, so that necessary help can be obtained m case of .ul
emergency
(A) Such list slt.tll include
(1) Responsible Pelson (supervisor)
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Personnel Policies and Pioceduies numal
(2) Doctor
(3) Hospital
(4) Ambulance
(.5) rme Department
(6) Law LuloIcemen( Agency
6 6 Worlung Conditions
An excessively litleied of duty work area constitutes an unsale, hazaidons condition of
employment and should be Icmedhed within a teasonable .unount of time When no other
method o' combination oft emtedies exist to minimize haat ds due to toxic dusts, lames, gases,
flying oblects, dangerous lays, or burns horn heat, acid, caustics, of any hwaud of .t similar
nature, the City dull provide each woI ker wrtli the necessary pet sonal pi otectiou equipment,
such as respirators, goggles, gas masks, cei tun types of protective clothing, etc. Pi °visions shall
also be made to keep all such equipment in good, sanitmy woi king condition at all times
6 7 limn, Repo» lint;
A report of any on-the-job injury resulting in disability of compensable lost time shall be
submitted by the depar tmem head or odic' designated official and then submitted to the City
admintsliative offices The aduunisttalive offices will then submit the tepoit to the Indusu d
Commission and to the allecled employee wilful' two (2) working days on a "Fist Repot t of
htjury" lorm Should any sudden o' unusual occur rcnce of change of conditions occur (such
as the appearance of toxic of unusual fumes o' gases, maim equipment lauluue, explosions,
files, etc ) that night allecl the salety of health of City employees of lend to mctease the
h.vards then col, the depar uncut (read oI othei designated authouty shall nobly the Indust' ial
Commission of Utah at once Such notification must be made whelhe' of not any actual
mimics result hom the occtuiences o' change of conditions All fatal, potentially fatal and
serious accidents sh.dl be iepoiled immediately to the Utah State htdustnal ComMvssron
6 8 Rules in General
(A) No pet son shall 'move, displace, des('oy of catty away any safely device or
safeguard mantled for use in any place of City employment of Intel Jere with the use of any
method of process adopted loi the protection of employees
(B) No employee shall i eluse of neglect to °flow and obey reasonable of del s that
.uc issued for the protection of health, life, safety, of well.uc of employees
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(C) Employees who do not understand or speak the English language shall not he
assigned to any duty or place where the lack or partial lack of understanding or speaking of
English might adversely affect their safely or that of another employee.
(D) Where there is a risk of injury from hair entanglement in moving parts or
machinery, employees shall confine (heir hair to eliminate the hazard.
(E) Loose sleeves, tails, tics, lapels, culls, or sinniru- gat-ments that can become
entangled in moving machinery shall not be worn tvhere an entanglement hazard exists.
(P) Wrist watches, rings, or other jewelry shall not be worn on the job where they
constitute a safety hazard.
(G) No employee shall carry alcoholic beverages and/or controlled substances into
a place or employment. This section does not apply to a police officer in the performance of
his/her duties.
(H) No employee shall go into or loiter about places in which alcohol is consumed
or sold during hours of employment. This section does not apply to a police officer in the
performance of his/her duties.
6.9 Smoke -Free Workplace Policy
Il is the policy of the City of Moab that employees shall not smoke or be in possession of any
lighted tobacco product while in an indoor facility, in a city vehicle, or during the course of
normal work duties. This policy shall not be construed to exclude smoking during designated
breaks from the work period.
6.10 Drug and Alcohol Policy
A) Pursuant to the Federal Drug Free Workplace Act, 41 11.S.C. 701 et seq.,
the Omnibus Transportation Employees Testing Act, and the Utah Local Governmental
Entity Drug -Free Workplace Policies Act, U.C.A. 34-41-101 el seq., it is the policy of the
City or Moab that the unlawful manufacture, distribution, possession or use of alcoholic
beverages, controlled substances, and other substances which may impair work
performance is expressly prohibited. It is the policy of the City that City employees, being
servants or the public, and warranting respect liom the public, must maintain a high
standard or integrity and trustworthiness. It is the policy of the City to have a drug -free
workplace. In order to achieve a drug -free workplace, employees shall be required to
participate in alcohol and controlled substances education and testing, as follows:
I. An alcohol and drug education progrun, as provided by the City, shall be
completed by all new employees within the last two weeks of employment.
2. An alcohol and drug test shall be performed on all job applicants for positions
requiring a Commercial Drivers License (CDL) who have been extended an offer of
employment for any position that requires a CDL. Any offer or employment is expressly
conditioned upon the successful completion of a pre -employment drug/alcohol screening.
3. All employees in positions requiring a CDL will be subject to alcohol and crag
testing upon reasonable suspicion by the employer that the employee is impaired by drugs
or alcohol while on duty.
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4. All employees in positions requiring a CDL will be subject to alcohol and drug
testing when the employee has been involved in an on -duly accident involving a motor
vehicle or motorized equipment or, with regard to police department personnel, when the
employee has been involved in any incident in which a firearm is discharged in the line of
duly.
5. All employees in positions requiring a CDL will be subject to random drug and
alcohol testing.
B) Sco re
This policy covers all City employees and new applicants for City employment.
C) Definitions
1. "Alcohol" is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or
other low molecular weight alcohols in methyl and isopropyl alcohol no matter how packaged
or in what form the alcohol is stored, utilized or found.
2. "Controlled Substances" (also referred to as "drugs") shall be defined as any
substance controlled or regulated pursuant to the Utah Controlled Substances Act, U.C.A.
58-37-2, as amended, federal law, and including controlled substances or medications
which, though legal, have not been prescribed to the employee by a treating physician liar a
bona fide medical condition or ailment. For purposes of example only, and without
limitation, controlled substances or drugs include substances such as cocaine, heroin,
marijuana, hashish, amphetaunines, opium, LSD, and similar illegal drugs. Controlled
substances shall also include legal substances which are used for intoxicating effect,
including inhalants such as paints, thinners, solvents, or over-the-counter drugs where used
as an intoxicant in closes in excess of recommended levels. Controlled substances shall also
mean the metabolite of any of the substances covered by this policy.
3. "Impaired work performance" is defined as any perlbrmance of normal Job
duties that could jeopa-dize the health, safely or welfare of the employee, other employees,
or any other individual.
4. "Positive Test" is defined for Commercial Driver's License operators as any lest
result showing a blood or breath alcohol content of .04 or greater, as defined by law, or the
presence of any quantity of a controlled substance in the lest subject;
5."Refusal to Submit to Testing" shall be defined as the failure to provide an
adequate breath, urine, hair, or blood sanple without a valid verilied medical explanation,
alter the employee has received notice of testing, conduct that clearly obstructs the testing
process, or failure to make oneself available for testing.
6. "Reasonable Suspicion" is knowledge sufficient to induce a person trained in
drug and alcohol abuse recognition and the City of Moab Drug and Alcohol Policy and
Procedures to believe that a violation of the Drug and Alcohol Policy has occurred.
D) Pre -Employment Screening;
1. Upon extension of an offer of employment for a position requiring a CDL the
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applicant shall undergo a drug turd alcohol screening at a facility designated by the City.
Relilsal to complete the pre -employment screening shall result in recision of the offer of
employment. Testing should be completed not later than three calendar days front the
extension of an offer of employment. `resting shall be completed at no cost to the
applicant.
`l. A positive test result for either drugs or alcohol shall result in recision of any
offer of employment, except that am applicant who tests positive may request an additional
analysis of the second split of any urine sample collected, as provided under Section 5((;),
below. The request shall be made not later than 72 hours from the time the applicant is
notified of the test result. Any second lest shall be undertaken al the facility designated by
the City and the costs of the second test shall be split equally between the City and the
applicant.
3. The City may, but shall not be required, to renew an offer of employment should
the second test yield a negative result.
4. Temporary or seasonal employees who .are hired and rehired within a one-year
time period shall be required to undergo a pre -employment screening only once during any
one-year period.
L) Testing- Procedures
1. Testing shall be accomplished via urine, breath, or blood sampling methods at a
medical facility or law enlorcenrenl agency designated by the City. No sampling or testing
shall be carried out by City employees. In all situations the collection and analysis of
specimens shall be performed by qualified medical personnel trained in the applicable
method. Where applicable, tests should be perforated using gas chromatography/mass
spectroscopy, certified breath -testing equipment, or similarly reliable methods.
1. Employees directed to report for testing under this policy shall do so
immediately upon request of the supervisor. Failure to timely report for testing shall be
regarded as a "refusal", except where the failure is a result of circumstances beyond the
control of the employee. All employees subject to testing may be required to present proof
of ideality to the testing agent. Employees shall be compensated at their regular wage rate
for time spent complying with this policy, and all testing shall be completed during the
employee's regular- work shill, if possible.
3. Urine s unpling shall be conducted in a manner that preserves the privacy and
dignity of the individual. All sampling shall be conducted under samitvy conditions and the
City may institute procedures to prevent substitution, adulteration, or tampering with
samples.
4. Prior to testing an employee or applicant shall disclose in writing to the medical
officer performing the test, information concerning any medical condition or medications
consumed by the employee or applicant which might affect lest results.
5. The City shall employ testing procedures that maintain the chain of custody from
the collection of any sample through the chemical analysis of the s unple and receipt of the
test results. Analysis of samples shall be accomplished through laboratories accredited
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(millet by the Substance Abuse .md Menial Health Services Adnunistiation of the College
of Amencan Pathology
G Testing shall be conducted only for the presence of alcohol of controlled
substances defined by this policy and slate law In no instance shall samples be tested loin
the existence of any other medical condition, disease, or defect
7 Following testing the Supervisor shall provide the employee om applicant a copy
of the written test results, and shall discuss the tesulls with the employee/applicant.
Employees or applicants testing positive may elect, within 72 how s of n ecetpl of notice of a
positive result, to have a se oil analysis of a split un cite sample Regardless of whelhet the
employee i equests .t second analysis, prior to instituting any discrpli m:uy action based upon
test tesulls the City shall confirm the tesulls via a second analysis of the split tunic sample
II requested by the employee/applicant, (lie costs of such second test shall be split equally
between the employee/apphdant and the City
8 II is against City policy lot ,ivy employee of prospective employee to uunpem with
or adulletalc .t specimen Any adulterated of Miniteted specimen will be heated as .t
positive lest.
I) Random Testis;
1. All employees in posttions regtunng a CDI, shall be nominated in a pool testing
consoinum Each employee within that pool shall have an equal chance at being tested
each tinre the consotnum conducts a random test
2 R.uulom tests shall be announced om the date the test is to be completed
Persons selected hom the testing pool will be notified personally by then supetvisot.
3 'Hie City shall ntaut6un records as to the random pool, pool selections, and how
employees ate selected lot testing
(l) Testing Upon Suspicion of Impaw mem
I. Any employee in positions requiring a CM, may be sulnecl to testing whet c
hns/hei supeivisoi of °diet suite' ot has ,t teasonable suspicion that (he employee is
impacted on under the influence of alcohol or a controlled substance coveted by this policy
2. For purposes of illustration only, and without limitation, "teasonable suspicion"
of nmptutmenl may include the lollowtng duck( observation of belimot consistent with
impatrtnent such as slunel speech, slumblmg, on lack of cootdmation, the direct
observation of the consumption of alcohol of connollel substances, eirant of abmoi mai
behavior, attest or conviction for a di rig of alcohol 'elated ollense when coupled with olhem
uuhcia; identification of .w employee as a suspect om locus of a di ug i elated ci urinal
uwestalat►on based upon credible and conoborated mlouuation, evidence of tatupem mg
with samples or adulteration of a ptevtous lest The ptecednig list is lot put poses of
example only, and shall not be construed to descube all of the possible mounds which may
support a finding of teasonable suspicion
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3. All employee directed to perform a suspicion based test shall receive written
notice to that effect from his/her supervisor. The notice shall describe the conduct or
behavior giving rise to a suspicion of impairment.
H) Post Accident Testing
1. Employees in positions requiting a CDL shall undergo testing automatically
upon the occurrence of an on -duty accident. resulting in iniury or death to persons or
damage to real or personal property or vehicles. Additionally, police department
personnel shall undergo testing following any incident in which it fireauiu is discharged in
the line of duty, exclusive of lirearus trailing.
2. Results of testing conducted by other law enforcement agencies pursuant to
independent legal authority may be utilizer] by the City lOr purposes of compliance with
this policy. All employees consent to the release of such results to the City for the
purposes of this policy.
3. Alcohol testing shall be completed not later than two hours from the time of any
incident covered by this policy, except for good cause shown. Drug testing shall be
completed not later than eight ]tours from the time of tuty incident covered by policy,
except. upon good cause shown.
I) Disciplinary Policy
I. Employees positions requiring it CDL shall not test positive for any alcohol, in
excess of the limits imposed by this policy, or test positive for any controlled substance
when subject to testing pursuant to this policy. Violation of this policy may result in
disciplimuy action including: mandatory rehabilitation education, treatment, or counseling;
suspension without pay ror a determinate period; other disciplinay sanction; or
termination. In the case of termination, an employee shall be entitled to the applicable
termination procedures outlined in the personnel policies and procedures manual and the
state code.
2. Commercial Driver's license Operators who produce a blood or breath alcohol
lest result of .02-.030 grams per liter will be removed from service for 24 hours, and will be
subject to a follow-up lest prior to returning to work.
3. It is the policy of the City that drug and alcohol test results shall be used for
internal hiring, employee discipline, and personnel decisions, and not for the collection of
evidence in any criminal proceeding or investigation. Test results shall not be used by the
City for ally criminal investigation.
4. Drug and alcohol test results, and all accompanying medical information, shill
be maintained in the employee or applicant's personnel tile. The information is a
protected document under the Government Records Access and Management Act, U.C.A.
63-2-101 et seq., and shall not be released by the City, except upon consent by the
employee or applicant, upon court order or similar legal process, or as required by federal
lay.
5. Pursuant to the Americans with Disabilities Act and the Utah Anli-
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discrimination Act employees or applicants testing positive under this policy are not, by
virtue of the test result, regarded its disabled.
G. Upon confirmation of a violation of the policy, the level of discipline shall be
committed to the discretion of the supervisor, acting in consultation with the City Manager.
Factors which may apply to discipline decisions include the type of substance involved, the
employee's length of service, the employee's overall work history, whether or not an injury
or properly damnage occurred, the risk or potential of al injury, the level of impairment,
any history of past violations or previous treatment, and the extent to which the public trust
or official duties are compromised by the impairment. Other factors may be considered.
EMPLOYEES ARE NOTIFIED THAT ANY VIOLATION OF THIS POLICY MAY
CONSTITI1TE GROUNDS FOR TERMINATION.
7. Where an employee is found to have violated this policy he/she will not be
permitted to return to work until such time as a re -test reveals the absence of any violation.
Where a supervisor suspects that an employee is impaired in violation of this policy the
supervisor may suspend the employee, with pay, pending receipt of the lest results.
J) General Policies with Respect to Alcohol and Controlled Substances and
Administrative Malley
I. Possession, consumption, distribution, or mamfa►clure of controlled substances
by all employees, whether on duly or off, is expressly Ibrbidden. Violation of this policy,
which need not include a criminal conviction, is grounds for termination or disciplinary
action. This policy excludes the possession of controlled substances collected by law
enforcement personnel aLti evidence pursuant to normal law enforcement activity.
`l. Possession, consumption, distribution, or manufacture of alcohol by any
employees while on duly, or on City property, or in City vehicles is Ibrbidden, except that
oll duly employees may consume alcohol on City properly as a social guest where
permitted by City ordinance, e.g. Moab Arts and Recreation Center events.
3. All employees are advised that lie City reserves the right to conduct inspections
of city owned properly, including vehicles, work stations, tool boxes, desks, lockers,
cabinets, and the like. Employees shall have no expectation of privacy with regard to
personal items stored in such locations. Contraband or other evidence of illegal conduct
discovered in such locations will be turned over to appropriate law enlorcemenl agencies
liar possible criminal investigation or prosecution.
4. Evidence of criminal conduct, other than positive test results obtained under this
policy, will be turned over to appropriate law enforcement agencies for investigation and
prosecution. By way of exanple only, should a supervisor observe the distribution of a
controlled substance by ally employee, that evidence shall be turned over to the
appropriate police agency.
5. All employees and new appointees shall participate in a chug -free workplace
training program as soon as practicable following adoption of this policy or upon
commencement of employment. This raining will address the specifics of this policy as
well as drug and alcohol abuse issues in the work place.
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6.11 Policy Regarding Workplace Accommodation of Persons with Disabilities
In conformity with the provisions of the Americans with Disabilities Act, 42 11.S.0 1201 et
seq., it is the policy of the City of Moab not to discriminate against any qualified individual with
a disability on the basis of that person's disability with regard to job application procedures,
hiring, advancement, compensation, training, or discharge.
(A) '1'o the extent possible, all qualification standards, tests, job descriptions, and
selection criteria shall be based upon necessary job functions. The City reserves the right to
impose qualification standards based upon reasonable and necessary requirements for
employee and work place safety.
(B) The City will attempt to make reasonable accommodations to all employees or
applicants as necessuy to allow that person to perform essential ,job functions. These
accommodations may include, but are not limited to, reasonable alterations in farcilities, job
restructuring, changes in work schedules, acquisition of adaptive tools or devices,
transportation assistance, interpretive assistance, or the like.
(C) All employees and applicants Rnr employment are advised that the City will
hold any person who illegally uses controlled substances and any alcoholic to the same
standards of conduct, qualification standards for employment, and job performance standards
applicable generally to all other persons who do not illegally use controlled substances or who
are not alcoholics, regardless of whether any conduct or perlbrmance is related to the dwg use
or alcoholism of the person.
ARTICLE VII - EMPLOYMENT PRACTICES
7.1 Anti -Nepotism Policv
It is the policy of the City to comply with state lane regarding nepotism, L1.C.A. 52-3-I et seq.,
as follows:
(A) No public officer 1114 employ, appoint, or vote for or recommend the
appointment of a relative in or to any position or employment, when the salary, wages, pay, or
compensation of the appointee will be paid from public finds and the appointee will be
directly supervised by a relative, except as follows:
(1) the appointee is eligible or qualified to be employed by a department
or agency of the state or a political subdivision of the state as a result of
his compliance with civil service laws of regulations of Intern system
laws or regulations;
(2) the appointee will be compensated from funds designated fOr
vocational training,
(3) the appointee will be employed for a period of 12 weeks or less;
(4) the appointee is a volunteer as defined by the employing entity;
(5) the appointee is the only person available, qualified, or eligible 14 the
position; or
(6) the chief administrative officer determines that the public officer is the
only person available or best qualified to perform supetvisot y hnctions
Ibr the appointee.
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(B) No public officer may direct') supervise an appointee who is a relative when the
sakuy, wages, pay, or compensation of the relative will be paid hom public funds, except as
lollows:
(1) the 'dative was appointed or employed belote the public officer
assume his position, if the relative's appointment dud not violate the
piovistons of this chapter in cheer at the time of his appointment,
(2) the appointee is eligible or qualified to be employed by a dem tmem
or agency of the state or a political subdivision of the stale as a' esull of
hiti compliance milt died scrv►ce laws o► regulations, o' mein system
laws in tegulations;
(3) the appointee wdl be compensated hom hinds designated lot
vocational titunng;
(4) the appointee will be employed lot a per iod of 12 weeks of less,
(.5) the appointee is a volunteer as defined by the employing entity;
(6) the appointee is the only pet son ay.ulabha qualified, of eligible lot the
position,
(7) the duel adnnnistiative office' deter mines that the public office' is the
only person available o' hest qualified to per form supernsoty functions
lot the appointee.
(C) No appointee may accept ot'el.un employment if he is paid boom public lunds,
and he is under the duet supervision of a'dative, except as follows:
(1) the 'dative was appointed or employed helot the public office'
assumed his position, if the relative's appointment did not violate the
provisions of this chaplet in ellecl at the time of his appointment,
(2) the appointee was or is eligible o► qualified to be employed by a
delta' (merit 01 agency of the state or a political subdivision of the slate
as a result of Its compliance with civil service laws of regulations, o►
moil system laws of iegulations;
(3) the appointee is the only pet son available, qualified, of eligible lot the
position;
(4) the appointee is compensated hom funds designated lot vocational
(nunut}„
(5) the appointee is employed lot a pci uol of 12 weeks of less;
(6) the appointee's a volumed as defined by the employing entity; or
(7) the chief ad►nnustiative ollicei has determined that the appointee's
telative is the only person awulable of qualified to supervise the
appointee.
7 3 City Managet
The City Manage' shall be tesponsible lo' the adnunistiation of personnel policies, and the
pit onmlgalton of additional tales and policies, which may be adopted, amended or ►escinded
Irom lime to tnue. He of she shall serve as Personnel °Ilium and as the Equal Employment
Opportunity Olficct.
7 ,1 Pei onnet Meet
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As Personnel 011icer, the City Manager shall
(A) Recruit candidates lot vacancies km City employment
(B) Conduct of ieulalion sessions lot new employees, at which time they will be
bneled on the employment benefits to winch they tie entitled mum given an explanation of the
personnel t tiles tmcl i egulations.
(C) Penothcally teview and recommend changes in employee benefits
(D) Assist supervisors and managers in handling any pi oblems that may .0 ise with
iespecl to employee benefits, including insurance chums and tetti eumenl benefits, mid pi ovule
curienl info' mation on employee benefits upon request
(E) Monitoi reuulting and employment practices lot compliance with Equal
Employment OppoiMinty policies
(F) Monitor the grievance system
(Cr) Collect plot [nation lot salary surveys
(H) Periodically update the classification plan.
(I) Keep those icumds that ate requned by slate and ledeial law and modern
pet sonnel tit deuces
7 5 Department Heads
Department heads arc i esponsible for dep,u [mental Animist' anon of personnel policies and
piacuces This may include such rules as drafted by the respective depatutte % loi then
operations
7 6 Filling Vacancies in the Classified Service
(A) The City has a policy called "upwanl mobility," which means that qualified
classified and pail -lime employees, exclusive of temporary of seasonal employees, in the
service of the City may be pi omolcd in pi del ence to the lung of pet sons i ecnnled elsewhere
Vacancies in the classified service will be atmounced to classified and 'immanent pail -time
employees bel ore outside t ec tiding is commenced Employees ale advised that regardless of
the preference granted uncle! the upward [nobility policy, employment ollei s will be extended
to the pet son who, Ill the judgment of the appointing authority, is best qualified loi the
position
(B) Il a classified position is not filled by 'menial i conning, it will be advei used
tin ough the newspapers and [reds, employee bulletin bo.uds, prolession"d and trade tout nails,
Slate Depaztmenl of Worklotce Services Office, and others as applicable
(C) Qualified applicants loi positions may be placed on an eligibility list loi a
pet iod of not mot a th.m stx (6) months, and such list may be used in conjunction with whet
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recruiting procedures at the discretion of the department head. Placement on the eligibility list
shall in no way entitle all applicant to automatic appointment to any position.
(D) Former employees who left in good stiuuling and with a good service record,
and who apply for positions, may be given preference over other applicants not employed by
the City, if the requirements for the position are met.
7.7 Procedures for Filling Vacancies
(A) `I-hc basis for selecting candidates for appointment and promotion in the
classified service will be without in accord.ulce with the Equal Employment Opportunity
Policy.
(B) When a position opens in a department or a need arises to create a temporary
position, the department head shall submit a request to the personnel ollicer. Minimum
qualifications of education and experience shall be outlined for temporary positions.
(C) The personnel ollicer shall post the opening where all City employees will be
made aware of the opportunity for promotion. A reasonable time alter the completion of the
internal posting, arid providing that the position is not filled by promotion, the personnel
ollicer shall comply with recruiting per section 7.6(B)of these rules.
(D) Application: Applicants are required to complete all application and/or submit.
a resume when applying for appointment. The application 'Orin shall be used for the purpose
or utilizing only that information which is related to the applicant's suitability for employment.
(E) Tests: Performance tests, medical certification for employment, school
transcripts, drug tests, and other job -related criteria may be requested from applicants in order
to improve the selection of employees. Physical, psychological evaluation, oral interviews, etc.,
may also be used. Applicants tin- Police Deputment positions will be subject to a psychological
evaluation. These criteria will be administered equally to all applicants.
(I) Screening: The department will screen applications to create a list of applicants
to be interviews. The application scrceningwill lake into consideration job -related criteria. All
new applicants may be merged with any existing eligibility list for the screening process.
(G) Rating: A selection committee chosen by the department will interview the
applicants placed on the interview list by the department members. The selection committee
will use a consistent method of rating the applicants in the interview process. Alter rating all the
applicants, the selection committee will submit a list of the top three (3) applicants to the
department head.
(H) Selection: The department head will make a selection from aunong the lop
three (3) applicants submitted by the selection committee. If the department head rejects all
three candidates on the list, then the position may be re -opened and new applications may be
accepted.
(I) Appointment: The department head will notify, in writing, the personnel ollicer
of his/her selection. The applicant and department head will mutually agree upon an
employment starting dale.
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(I) Eligibility List: Nothing in these riles shall prohibit the City from using a Slate
of Utah eligibility list applicable for the position that. the vacancy is in. The City may, as it
deems recess uy, conduct any selection procedures for the purpose of establishing or updating
at eligibility list.
7.8 Appointment of Classified Employees
(A) An appointment. to the classified service of the City is an appointment to afidl-
lime position for an indefinite term unless othenvise specified in the appointing action.
(B) Probation: All appointees to the classified service must. serve a probationary
period, which is for the purpose of observing the employee's ability, work habits and fitness for
employment in the position. During the probationary period the employee is entitled to no
expectation of continued employment- The normal period of probation is six (6) months for
regular classified employees and one (1) year for commissioned police ollicers. A
probationay employee may be terminated at any time during the period of probation, ltiilh or
without cause.
(C) All classified employees transferred, promoted or demoted shall be subject to
the probaliontuy period in the new position unless the department. head waived the probation
period. An employee whose service in a particular class is terminated during the promotional
probationary period following a promotional appointment, or whose appointment al the
conclusion thereof is not Made pemanelt, will be reinstated to his/her previous position or a
similar classification and pay grade lbr which the employee is qualified, provided a position
vacancy exists.
(D) Employee benefits: Classified employees shall be entitled to employee benefits
provided by the City. Vacation, sick leave and eligibility for retirement benefits begin accruing
at the dale of employment.
7.9 'rempor Iry Appointment
(A) Temporary appointments may be made when it is in the City's best interest.
(B) Duration: Temporary appointments will be liar a limited period of time, which
will be specified at the time the position is tilled. No appointment will be for longer
than the balance of the fiscal year, except for seasonal appointments.
(C) Benefits: Temporary appointees will not receive employee benefits except
those required by law or othenvise specified in these rules.
(D) Temportuy appointees arc entitled to no expectation of employment for any
fixed duration, regardless of the length of lime specified at the time of appointment, and may
be terminated at. any time, with or without cause.
(L') Permanent Full -tinge employees who take temporay positions are entitled to
receive benefits accruable tinder their lull -lime status and will be permitted to return to their
previous position at. the end of the lenmporay appointment.
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7 10 Emu gency Appointment
Emu gency appointments may be made by the appropnale appointing aulhonty without l egard
to the t ules governing other appointments, um the event of an emeigency which may iesull in
the loss of public properly or danger of set tons Inconvenience to the public, of any
uncumstmnce which may be withal), to the Intel est of the genet al public health, safety, of
wull,ue
7.11 Pal Hum Employees
A pal l-tnne employee is any employee filling a position budgeted lot thu ty (30) or lever [lotus
per week, but not to exceed 1,560 hours total m a payroll yea' 'Phis includes employees who
work on -call of m teseve pi °giants mmnlmned by cei faun depat intents Such employees ale
compensated only for actual hours wol ked and ale not eligible lot any benefits of employment
except those i equtred by law of otherwise inovuled in these i ules
(A) Use. Paul -time appointments on a continuing, seasonal, of temponuy basis
shall be made when it is in the City's best 'metes( to employ pusons less than the 'colony
scheduled number of hom s pet day, days pet week, weeks pet month, of months pet yea'
(B) Pay All pat l-time employees hued to toot k on a i egulat basis by the City shall
be paid on an hout ly hosts Slau ling solmy and pay advancement within the respective category
shall be recommended by the department heats and approved by the City Manage'
(C) Palt-lime employees shall be reuuited mitt hued Ihiough the smile practices
and piocedtu es used in I ect uitmenl and luting of classified employees to the extent pi aetical
712 Classification
All City positions ,ue evaluated on a set of lactois (eg, Job knowledge, supervisory
lesponsibility, accountability and working conditions) ham which each is assigned a'dative
relationship to all other City positions 'floc position is then assigned a glade to \huh a
specific salary range is assigned and indicated on a salmy plow,. All classified employees
tecetve compensation accot ding to the classification of the position lot which they ale hued
Most employees will be hued at the minimum step of the plain and they may pi ogt ess lhr ough
the salary Lange as pet lot mance and time mutant such advancement Appointment may be at
a step highei than the minimum if omit oved by the City Manage]
713 Reclassification
Should the dupes and responsibilities of a classified position change significantly, the
dep,u t ment head shall submit a request lot le -classification The pet solute] office" Shall then
pet form an analysis of the position ,Ind make I ecommendattons to the City Council, who shall
'ender a final decision
Il a cu cmnstance should am Ise' ulna mg the abolition of a tea lawn position of positions the City
uumot gumamtee Job seem ity to employees diluted by the action Wheie practical, based
upon fiscal considerations, employee length of service, and employee pet 1otmance, the City
may
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(A) (Gutsier the employee to a suitable open position for which be/she is qualified;
(B) promote the employee in accordance with these policies; or
(C) terminate the employee.
7.14 Grievance of `l'emponur and Paul --time Employees
Temponuy, seasonal, and part -lime employees may submit grievances to the proper authority
pursmutt to these rules and regulations. (.See Article IX - Grievances) In no case shall the
grievance procedure be available to a tempotaty, seasonal, or part -lime employee lie• the
purpose of contesting a termination or employment.
7.15 Garnishments
It is the policy or the City not to become entangled in the personal financial allhirs of
employees. As provided under Lf.C.A. 70C-7-104 the City will not terminate an employee as a
result tithe issuance of a garuisl►ment for any single judgment. The City does restive the right
to institute disciplimuy action against an employee where the City is subject to multiple
garnishments derived from separate judgments against the employee.
7.16 ( httside Employment
No classified employee, statutory appointee, or contractual employee shall engage in any
outside employment that will impair the performance of his/her duties or be detrimental to the
City service. It is absolutely necessuy that all employee give priority to his/her job with the
City, and if outside work is accepted, it shall not be undertaken without the knowledge and
consent of the department head, the employee's supervisor, and the Personnel 011icer. Any
failure to report fir duly because of outside work may result in dismissal. No City employee
shall accept employment will' any person, Jinn, or corporation wl»ch contracts with the City to
supply labor, materials, commodities or services. No Employee shall accept or solicit oilers of
employment, offers for independent contactor services, or requests to act as a consultant by
or from persons or entities seeking licensure, regulatory approval, development authority, or
similar City permits, contracts, or concessions.
7.17 Prohibition Against Political Activity
(A) No employee shall be an officer of a political party or hold political office
within the City government while employed with the City, provided that this section shall not
apply to voting district offices and delegates. No City employee or official shall solicit verbally
or by letter, or be in any manner concerned in obtaining any assessments, contributions, or
services for any political party from an employee in the classified service.
(11) Nothing herein contained shall be construed to restrict the right of the
employee to hold membership in, and support a political party and candidates, to maintain
political neutrality, or to attend political meetings while off -duty.
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(C) Resignation shall not be necessary of a classified service employee who wishes
to seek election to a political office. However, should .t classified employee be elected to a
position 111 Cily government, that enlploycc shall resign lion employment poor to (.lung
office.
718 Reduction -In -force
Al such time when cucunntances (such as lack of funds of Lick of work) dictate that there
needs to be a (eduction-m-1°icc, the Personnel Officer shall lay oll the necess,uy number of
classified of olhei employees accoulmg to the allecled class(es) while constlemg length of
service and employee pc'loumance, .uul in concunence with the depai Intent hcad(s)
Employees on layoll will be considered lot recall betomc positions me open lot lcatilting
1Inless otherwise specified, an employee who is to be lard oll will be given at least lout teen (dal)
days' notice pnor to the ellective date of layoll, and an employee receiving such notice will be
excused lion] the notice requnemenls applicable to resignation in good shunting Employees
iccalled to service twill be given lourteen (14) days in which to iepoit back to woik 11 a
tecallel employee can not iepoit back to woik within that lime iod, the position may be
opened to (mistle iecruiluictl
719 Ti.mslei
A tiamslei is defined as a move h on] one depai tment to anolhei , and should not be contused
will the manage ial function of moving pet sonnel h on] one division of office to anodic' within
the same depailinen( by pi°motion, demotion, °I reassignment Minsk' must be clean el
with the department heads and the personnel otlicei A liamslemugemployee must quality lot
the job to which he/she is tiamslernng A tismsleled employee shall telaain all accumulated
sick and annual leave. Employees objecting to ti anslei are entitled to appeal nghts pursuant to
the procedures defined in Section 722, below and Article IX of these policies.
7 20 Reassignment
Employees who ate reassigned shall be put! at the same sahuy that they leceivel prom to
1eassignmenl if such Salary coincides with the singe of the class to which they arc assigned II
such salary exceeds the maximum of the range loi the class to which they ,tie heassignel, they
shall leceive the maximum lot the class.
7 21 Pt°motion
Any classified employee 'mewing .a prontolion shall st,ul on the piobation.uy or minimum
step of the sal.uy iamge of the class to which he/she is pi°nutted, unless that balmy is equal to
of lower lh.m his/her present sakuy level II the salty level of the position pi mhoted to is
equal to or lower Ili ui hns/hei present salary level, he/she shall t eceive the next hrghca step in
the glade to which lie/she was piomoted. Employees shall be eligible tom mei t mcieases as
elsewhere provided.
7 22 Separation
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Pursuant to II.C.A. 10-3-110G no classified employee shall be discharged or transferred to a
position of less remuneration because of his/her personal politics, religious beliefs, or as a
result of changes in City elected officers, the governing body, or heads of departments.
Classified employees serve Ibr an indefinite duration, and may be discharged at any time !Or
causes which include, but are not limited to, curtailment or lack of finds, lack of work,
violations of state law, violations of City ordinances, violations of these personnel policies,
insubordination, or the like. Every classified employee that is discharged may seek an
administrative appeal of that action, as provided under Article IX of these policies.
7.23 Resignation
To resign in good slamding, cvely employee must give the department head at least kilt -teen
(14) calendar days' prior notice, unless the department head, because of extenuating
circumstances, agrees to permit a shorter notice period. A written resignation shall be
submitted to the department head, giving the reasons 1'or leaving. Failure to give the required
notice may be entered in the employee's service record and may be cause I nr denial of future
employment with the City. When no notice is given, the employee will be paid through the
last day worked.
7.24 Retirement
Employees may retire from service by complying with the conditions of the retirement system.
7.25 Statutory Appointees.
Slaluloly Appointees are City employees appointed by the Mayor and confirmed by action of
the Governing Body, including the Recorder, Treasurer, Public Works Director, and Police
Chief. Statutory appointees, also described as department heads, are entitled to all benefits
accorded classified service employees generally with regard to pay, benefits, leave, equal
employment opportunity, and the like, except that statutory appointees are not entitled to the
grievance and discharge procedures defined in Articles VII, VIII, and IX, herein. Statutory
appointees are also not entitled to the appeal procedures described in U.C.A. 10-3-1105 et seq.
(A) Statutory appointees save at the pleasure of the Mayor and the Governing
Body and may be removed from office at any time, with or without cause, upon a majority vote
of the Governing Body. All statutory appointees are subject to removal Ibllowing any mayoral
election, should the newly elected Mayor, with the advice and consent of the Governing Body,
elect to appoint a different person to that position. Appointees may continue to serve in their
position until such time as a successor is appointed and qualified.
(13) The work perfonnance of statutory appointees shall be reviewed periodically by
the City Manager, who shall confer with each such appointee with reganl to City policies,
procedures, and management objectives. The City Manager may institute merit pay increases
from time to time where warranted by the appointee's work perlbrmance. The City Manager
shall also report to the Mayor and the Governing Body and make recommendations
concerning any disciplinary or personnel actions applicable to statutory appointees.
(C) Disciplimuy authority over statutory appointees is vested solely in the action of
the Mayor and the Governing Body, which may lake any disciplinary action deemed
appropriate, including a written or oral reprimand, suspension, demotion, or termination.
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7 26 Sever ance Policy - Statutory Appointees
(A) Statutory appointees who lose re -appointment om aid otherwise terminated
'mahout cause shall be entitled to severance pay pal suatt to the lollowing schedule
Yeas of Service
less than one yeat
Benefit
no benefit,
one to lout yea's two weeks,
four to six yew s lout weeks,
more than sir yews six weeks
(13) Benefits act ue as of the annlvc'sary of the employee's appointment and lino
instance shall there be any pto-canon of benefits to include any length of service (luting any
yew of hactton of a year, odic' than as expmessly set foil!) above
(C) Appointees who i estgn then employment of ale lei imitated lot Cause shall not
be eligible tom sevenmce pursuant to this tesolution
(D) Benefits shall be calculated based upon the appointee's gloss talc of pay as of
the date o1 termination
(E) Appointees subject to this section shall additionally be enulled to receive
employee health instilancc butefils, to the extent pail by the City dining the appointee's
employment, lot a pet iod of time calculated by the same lot multi established in this Section,
for a penod not to exceed stx weeks.
(1) Nothing in this Section shall be consti ucd to Act or i epeal the "at -will" status
of all statutory appointees, who shall continue to sevc al the pleasuic of the Mayo' and the
Covet ning 13ody
ARTICLE VIII - DISCIPLINARY PROCEDURES
8.1 Causes lot Disciplinary Action
It is the tesponsrbilily of all employees to observe 'emulations necessay lot the p'opet
operation of Citygovetnment functions Adnnnrstiative procedures have been established lot
the handling of dhsuplimuy measures such as'epnnland, suspension, demotion, and d isclrugc
Regardless al the pal class of employee, cm the disciplinay pioeedlutes applicable to
that employee, causes lot disciplinary action shall include, but tie not limited to those listed
below.
(A) Insuboiclwauon or telusal to comply with a lawful 'list] netion
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(B) Conviction of a misdemeanor or felony while an employee of
the City
(C) Indulging in oil enswe, mapinopitate, o' demeaning conduct du using oil enswe
language towards the public, in public, of towards City olliccts or employees.
(D) Deliberate o' caucicss conduct endangering the safely of the employee, odic'
employees, of the public.
(E) Inducing of attempting to induce any employee in the scrvtcc of the City to
commit an unlawful act m viol.ttiom of state o' Icdcial law, City ieg lations, official policy, of
departmental orde►s.
(I) Using, Ih►calenmg, o' attempting to use peisonal of political influence in an
effort to seem special consulciation as a City employee or lot the benefit of the employee's
immediate tinily da h tends
(G) Incompetency and inefficiency in the pet lot umance of ,lob duties.
(H) Calelcssness or negligence with City monies of p'ope'ty.
(I) Theft, intentional destruction ol, of negligent damage to City ptope'ty
(I) Intentional falsification of pc' sonncl'ecords, time icpoils, of odic' City
'cum ds.
(K) Being Linde' the influence of alcohol, coin! oiled substances, of olhe►
intoxicants wlule on duty
(L) Sleeping on duly except as provided km in official City regulations.
(M) Dishonesty cm deceit in the pc' lot mane of lob duties of while on duty
(N) Hau assment, intimidation, threats, o' disci munation against othe' employees of
ntembe►s c I the public on the basis of than person's age, sex, mace, ►eligion, coloi, national
cm 'gm, o' handicap.
(0) Sciious or repeated violation of the (dim policies contained in this manual
(P) Absence without leave, abusing leave, o' failing to appeal to' teglau work
shifts.
(Q) Excessive absenteeism auul/or tardiness
(R) Horseplay and 'elated activity cleating a saltily hauaud.
(S) Violating a safety rule of regulation
(1) Ruin'c to'epo'l for work without ptopet notification to the superv'sot
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(U) hnattenuvcness to weak, shoddy work, Luling to gait work at the designated
time, quitting wo' k early without authonzation, o' leaving work 'Remises without audio' u'Uon
from the superv►so'.
(W) Vending, soliciting, of collecting conl"but'ons (luting work !louts without
aulhoniation, o► engaging in outside work (luting wot k !toms.
NO'1'L. Fo' violation of any of the p►ecc(rng, the employee will be Stilled to immediate
late
discharge of olhe d'scgilmaty action
8 2 Vet bal mug
\Vlheneve grounds lot (hsuphntuy action exist, and the supev'so' (fete' mines that mole
scvetc action is not immediately necessa►y, the supervisor should vet badly communicate to the
employee the supervisor's observation o1 the deficiency demonstrated at the time of the action,
and documentation made of the'el» untuul placed in its pet sound lile. Whenever possible,
sufficient time lot nmp►ovement should precede lot mal d►segplimuy action
8 3 Wullcn Rem umand
A dlepat fine t head and/or alum owed superv►so► may t elm uuauul an employee lot cause. Such
'epnmand shall be an wilting and be addressed to the employee A signed copy shall be
dclvecd to the mccotcict lot mclus'on in time employee's uesonncl lilc. Wutleuelm 'mantis
will be lunged hom an employee's file at the end of two (2) yea's.
8.,1 Written Rept'm.mds - Within One Yea!
11 an employee meceves duce (3) mitten mepumands (lot the same of dldleent ollenses)
wtthm a pet toil of twelve (12) consecutive months, the employee in,w, at the tune of issuance
of the thud such notice, be discharged
8 5 Susocnstou
A department head, with the concuucncc of the City Manager, may suspend without pay an
employee lot up to, but not exceeding, fifteen (15) calehdau clays, as discipline for cause, pet
olkmse. On or helots the eflectivc date of the suspension, the City Manage' and the
employee shill be lu►n►shed with a mitten copy of the statement, setting lot lh reasons lot the
suspension Nothing in this section shall prevent a department head from immediately
suspending an employee with pay, pending completion of an investigation of employee's
conduct, subject to the app'oval of the City Manage'
8.6 Demotions
A department head may, with the aim' oval of the City Manager, demote o' 'educe in salary
any classified employee in the department for c►Ihem the good of the service of lot a
dnuphn uy mcasu' c for cause A classified employee, with the exception of an employee on
pmobauonauy status, shall have the light to appeal such action
8 7 D'schauge
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A department ment bead may, with the concurrence of the City Manager, discharge any employee in
the depiwtmenl by delivering a ► ritten notice of the reasons for discharge to the employee
concerned. Before any employee, exclusive of temporary employees, probationary
employees, and emergency employees, is discharged, the employee shall be given an
opportunity to respond to the charges or other reasons for dischauge. Any such pre-
lenninalion meeting shall be conducted informally with the supervisor, the employee, and the
City Manager in attendance.
8.8 Grievance - Right to Appeal
i Inless otherwise staled in these rules, classified employees subject to disciplimuy action under
the provisions of these rules and regulations shall have the right to appeal and slay lile a
grievance under the procedures of Article IX - Grievances. Employees must exhaust any
grievance procedures established within their department prior to filing a grievance under
Article IX.
ARTICLE IX - GRIEVANCES
9.1 Policy
The most effective accomplishment of City business requires prompt consideration and
equitable adjustment of employee grievances. It is lire desire of the City to address grievances
informally, and both supervisors and employees :we expected to make every effort to resolve
problems as they :wise. However, it is recognized that there will be grievances that will be
resolved only after a I•onnid appeal and review. Accordingly, the following procedures are
established.
9.2 furisdiction
The City may hear tr•iewurces on working conditions, pay, City and departmental rules and
regulations, terms and conditions of employment, issues of alleged disc►imination, disciplinary
actions and such other issues as they deem appropriate. Grievance procedures shall not in any
case be available for review of the termination of an employee.
9.3 Grievance Procedure
Grievances shall be processed in the following manner:
(A) The aggrieved classified employee, temporary employees, or part time
employee should present the grievance to his/her immediate supervisor and attempt to seek
resolution of the problem on an informal basis. If the employee is unable to derive satisfaction
from conversations with the supervisor, or it the supervisor is the source or the grievance, the
employee shall file the grievance in writing with the next highest supervisor in change, or with
the City Manager, who shall attempt an informal resolution. The written grievance shall be
filed within live (5) working clays of either the event giving rise to the grievance, or the date of
unsuccessful resolution with the supervisor. Failure to file a grievance within the time
panicle(' shall result in the grievance being barred, unless the filing deadline is extended by
agreement per Section 9.4.
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(B) `lite supetvnol teeming a tvt men 6i tevance will document. the action he of she
has taken and attempt to I euilve the issue to the extent he o' she deems advisable ail to the
limit that he or she possesses the authottly The supetvasol should notify the employee of the
decision wttlult live (.5) wo'kng days of lecetpl of the I,nievauce
(C) It. the gnevauce is not resolved at the pievious level, the mitten grievance will
be referred up the chain of command to the next lughei supervisot and/ot dep utment head
Any and all supervisot s and/oi depa lmemt heads will attempt to 1 esolve the piobletn and are
obligated to lend then assistance in all attempt to bring about piompt and satisfactory
settlement of the grievance All supervisor s and/or depau (merit heads should adds ess the
hit levaltce w111uu live (.5) wot Ling days of receipt.
(D) It. all attempts have tailed to settle the giievautce, it shall be submitted to the City
Ma nagei for considei anon. The City Manage' shall lender a wntlen decision to the employee,
alleclel supervisors and depat lnnent heads, and the City Manage' within live (5) days of eceipt
of the grievance
(E) It. the City Manager Ituls to settle the gi tevance, the aggt'eved employee shall
have the ugh( to present his/hei grievance to the Employee Appeal Board The appeal shall
be taken by lilmg written nonce o1 the appeal within live (.5) days alter the decision of the City
Manage' @'aline to may request an appeal shall result in the wave of all lutthei appeal
lights
(1' The Employee Appeal Boat shall schedule aheal mgt ith the p,uty(res) rnlhut
Elwell (15) days Ave' the receipt of the grievance. The Boa d shall 1 endel a wntlen decision to
the employee, allccted superv'sol s and depau lment heads, and the City Manage' as soon as
possible following the healing
(G) The employee may appeal the decision of the Employee Appeal Boa d to the
City Council Request lot such appeal roust be submitted to the Recorde' within live (.5) clays
adder tecegtt of the written decision of the Employee Appeal Boatd raulute to lithely request
an appeal shall result. in the muvei of all lui(het appeal milts. Such appeal shall be heath
within Miceli (15) clays alter lecept of the written appeal tequesl. The City Council shall
lender adeciston to the employee, alIeeted supervisor,s, depaitment heads, pet sonnet oflicel
and the City Manager within live (5) days alter the conclusion of the hew mg. The decision of
the City Council will be linal
9 4 Extension of `I'uue
Mauulatory time limits at any step of the gi ft:mice plocedui c may be extended only by mutual
agi cement between the City Manage' and the employee
9 5 Settlement
Any grievance not Initiated of taken to the next step maim the time limit set out ill this at licle
shall be considered settled on the basis of the last answer by the supervisot, depai intent heal
or pet sonnet officer Any decision rendered by City Council shall be final and binding
9 6 Appeal Plocedute for Dischaige of Ttatslei
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(A) In all cases where any classified employee is dischauged or transferred from
one position to another for any reason, and the employee believes the discharge or transfer
was done in violation orapplicable law, he or she shall have the right to appeal the discharge or
transfer to a board to be known as the Employee Appeal Board which shall consist of five
members, three of whole shall be chosen by and from the appointive officers and employees,
and two of whom shall be mambas of the governing body.
(B) The appeal shall be taken by tiling written notice of the appeal with the
Recorder within ten (10) days alter the dischauge or transfer. Upon the filing tithe appeal, the
Recorder shall forthwith refer a copy of the same to the Employee Appeal Board. Upon
receipt of the referral from the Recorder, the Employee Appeal Board shall forthwith
commence its investigation, take and receive evidence and filly hear and determine the matter
that relates to the cause for the discharge or transfer.
(C) 'Ile employee shall be entitled to appear in person and to be represented by
counsel, to have a public hearing, to confront the witnesses whose testimony is to be
considered, and to examine the evidence to be considered by the Employee Appeal Board. Al
the option of the parties, the hearing may be conducted formally on the record. The rules of
evidence shall not apply to the admission of evidence heard by the Board.
(D) Employees and Board members shall preserve the integrity of the proceedings
and shall not collect evidence, confer with witnesses or parties, or otherwise attempt to gather
evidence outside of the official hearing process.
(E) Al the appeal hearing, the sole issues for consideration by the Board :re the
Ibllowing:
(1) whether the act, omission, or reason given rim• termination or transfer
occurred;
(`l) whether the act, omission, or reason for termination or transfer is
specified by slate law, City ordinance, these policies and procedures, or
official City policy; and
(3) whether the discharge or transfer was due to the employee's politics,
religious belief, or incident to or through changes in the elective
ollicers, composition of the governing body, or heads of departments.
(I) In the event the Board upholds the discharge or transfer, the officer or
employee may have fourteen (1,0 days thereafter to appeal to the governing body, whose
decision shall be final. Upon a Majority vote of the governing body the discharge or transfer
may be sustained or reversed. In the event the Employee Appeal Board does not uphold the
discharge or transfer, the case shall be closed and no further proceedings shall be had.
(G) The decision of the Employee Appeal Board shall be by secret ballot, and shall
be certified to the Recorder within fifteen (15) days from the dale the matter is referred to it. In
the event the Board overturns the dischauge it may, im its decision, provide that an employee
shall receive his salary Ibr the period of time during which he is discharged, or any deficiency
in saltuy for the period he was transferred to a position of Tess remuneration but not to exceed
a fifteen (15) day period. In no case shall the appointive ollicer or employee be discharged or
traansferred, where an appeal is taken, except upon a concurrence of at least a Majority of the
membership of the governing body of the municipality.
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(H) In the event that the Employee Appeal Boatel dots not uphold the discharge o'
transfer, the Recorder shall Lei Lily the decision to the employee aflected, and also to the head
of line depalinen( hom whose order the appeal was taken The employee shall be paid his
salary, commencing with the next won Icing clay lollowmg the eel lineation by the Recorder of
the Employee Appeal Boaul's decision, provided that the employee on office' coucctlied
nepotts for his assigned duties during that next wotlung day
(C) The method and manner of choosing the menthe's of the Employee Appeal
13o,uxl, and the designation of their terns of office shall be pi esct tbed by the governing body
by oulut.mce, but the 1n1 ovtslonS for choosing the tht ee membei s h om the appointed offices
and employees shall in no way restrict a flee selection of menthe's by the appointive otliceis
and employees of the municipality
ARTICLE X - MISCELLANEOUS PROVISIONS
10.1 DI wer's License
All pet sonnet who drive City equipment shall hold a valid Stale of t hat diver's license, of the
approprate classification, and have the same in then possession while operating Such
equipment.
10 `l Ilse of City Vehicles
City vehicles aue lot official use only and at revel to be used for persona teasons City
vehicles may be d men home at night only upon app'oval of the depalntent head of City
Manager, except that police olfice's who have penm'ssion to take then vehicle home may
ti anspot t then children to school on then way to the wo' ksite No City employee is immune
to the Ciq%s traffic ot&na'ces, unless operating undo eme'gency exemptions allowed by such
orchnamces Employees who ate on an on -call status and at c assigned take-home vehicles may
use that vehicle for transpoi(dhoti pm poses, within the City, while actually engaged in on -call
status No City vehicle is to be used lot out -of -stale Havel without advance app'ova of the
dcpat tment head and/or City Manager All City vehicles, except authonzed ummau kcd police
vehicles, shall Item the app'oved decal(s) Identifying them as City of Moab vehicles.
10 3 Accidents Invohang City Vehicles
In cases of accident involving City -owned vehicles, the employee shall notify the apptopt fate
lane enlouement agency and Ins/her super mot as soon as possible Employees involved in an
accident with City -owned vehicles should not leave the scene of the accident until ieleasecl by
the investigating ollicet/agency, nor should they move the vehicle until authonzed They
should obtaun the name and address of the involved pat tics and all witnesses, and should not
discuss the circumstances of the accident with anyone except the investigating office'/agency
and authonzed City personnel
10.4 Reimbursement rot '1'i avel Expenses
(A) The City will 'eunbutse travel expenses on duly authonzed tiips on City
business for attendance at conventions, conletences or meetings
(B) 'Navel expenses must be included in the annual budget lot each depautntent
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anticipating lnwel, as part of the budget process. 'Trips that would cause the budgeted aruount
to be exceeded must have the approval of the City Manager and/or City Council.
(C) Expenses considered for reimbursement will be considered by the City
Manager upon submission of a Travel Expense Report, together with the attached receipts.
Receipts or allidavils for expenditures shall be required for:
(1) all commercial air, railway, bus or boat transportation.
(2) All lodging and ideals.
(3) Repairs or fuel for City vehicles.
(4) All extraordinary expenses, such as purchase of incidental supplies or
publications and registration Pecs.
(D) Transportation costs: If a commercial airline is used, tourist or economy five
must be requested and used if available. First class fare will be allowed only on the basis that
tourist or economy space was not available between specified points. If railway or bus is used,
first class face, plus necessary lower berth or roomette is allowable. Howeve►', coach facilities,
when considered reasonable and sauisfaactory accommodations, should be used. Personal
vehicles may be used if adjudged economical or advantageous to the City. When a personal
vehicle is used for long trips, reimbursement fin• the vehicles used, meals and lodging required
en route shall not exceed the cost of tourist or economy airfiu'e. Reimbursement fOr the use of
a personal vehicle shall be at the rate adopted by City Council.
(E) Subsistence costs: Subsistence, which consists of ideals (excluding alcoholic
beverages) and lodging, is limited to actual costs. A tabulation of total subsistence costs,
including those tin• which no receipt is .mailable, must be submitted on the Travel Expense
Report Form. Employees should make every attempt to limit expenditures for meals. Any
meal expenditures deemed excessive by the City Manager may be denied lin. reimbursement.
(F) Other costs: "Poll road charges, storage charges, rental fees, taxi charges and
other charges deemed appropriate may be reimbursed when incurred while on authorized City
business.
(G) Telephone Calls: The City will reimburse employees liar one telephone call
horde during out-of-town travel.
10.5 Public Relations
Tile measure of city government ment is, to some extent, based on the effect and personal contact of
its employees. Il is expected that all employees will avoid conduct at work or elsewhere that
might cause embarrassment to, or criticism of the City. Sometimes the city employee is the
only contact the private citizen has with municipal government. Although the citizen may not
always be right, he does have a vested interest in the City and its government. Therefore, it is
essential that the attitudes and actions of the employees, boil' on and °lithe job, bring credit to
the City.
10.6 Attire and Appearance
All employees should chess appropriately for the workplace. It is expected that employees give
attention to safety, modesty, cleanliness and professional appearance. Individual city
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depaulntents may set stuidaids for employees' attire and .appearance
10 7 Management-Emplovee Cooperation
Management and employees work loavaids the same goal. That goal is to bring eflcctive and
economical municipal sermes to the citizens. This can only be achieved by management -
employee coopeiation. Management shall hive due consideration to employee stmestions
concenung methods of which the eflecliveness and economy of municipal services can be
improved.
10.8 Rest Penods
Two (2) paid lest pcnods shall be authonzcd lot each non-exempt employee dui mg the
iegulat workday. The lest pcnods shall be taken at a time of lines specified by (millet the
supervisoi o► department head, and shall not exceed a pet mod of fifteen (15) minutes pet test
pet mod.
10.9 Mist cptcsemtation of Ink»illation
When information is tecewed, alto an employee has been appointed, that such employee
misrepresented information on an application, iesume, ltansumpt, lettet of teletence, or
'elated documents, of that the employee °tally mist cptesented mateinl facts concerning
his/het (laming, education, woik history, of the like, the employee may be sepaiated lu>m
employment, ieg ardless of the time .at which the false or uaaccimite uiloa illation is discovei ed.
l0 10 Maintenance of Rules Manual
Classified employees will be issued copies of the City oI Moab Personnel Policies .and
Procedures Manual It is the employee's icsponsibihly to lead and know the contents of the
trauma!, and to see that all changes and additions iecervcd ate added to lusher copy
10.11 Pei odic Review of Rules
Al lead every three (3) years, these mtiles should be reviewed in total lot overall application,
icasonableness and genet al suitability loi the put pose lot which they me intended The
icsponsmbmhty for the levicw is at the direction of City Council.
10.12 Conflict with Ordinances and Laws
Nothing in these rules shall be construed to icquuc of penult any violation of the of dmances
of the City. In the event of any conflict between any one o' mote of the ptovistons of these
'tiles and a City of dinance, the of dinamce shall govern
10.13 Other Prohibited Activities
Employees of the City of Moab shall not:
(A) Request or aid airy pen son to violate any of dinance of any pi omaston of law, of
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to engage in conduct or activity in violation of any or dinance or law
(B) Have an inkiest in any contract with the City for the !numbing of supplies,
materials, labor of senates, except employee services, unless such uncles( is fully disclosed to
the City Administration and City Council prior to award or negotiation of such contract
(C) Receive any compensation or gratuity Isom ,mother pei son lot services
tendered as a Guy employee.
(D) P,ty any compensation to another person lot senates 'claimed by such pei son
to the City
(E) Accept, solicit, of attempt to obtain any gill of property of a value of mote than
twenty (20) dollais from any person doing City business with a municipal office or out any
pei sou contracting rnth o hunishng supplies to the City. Honorary eeltilieates, plaques,
printed publications, educational materials, Milton and eonlcienee iegistialion lees ,ue
exempted It ont this i ule
(l) Disclose to any balder on a mwucipal cone act, pi lot to the official opening of
l»ds, nth»malion conceaning the bid of :motile] petson, save and except the ulentny of
bidden s
(G) Penalize o discinmmate against anothet employee for initialing, Put stung o
assisting the tesolution of a valid gnev,nce; or intentionally thwart, deleal o avoid the
pt ocedui e established by these i tiles lot the t esolution of g ievances; o coerce, by intimidation
of otherwise, another pet son to lile of wilhdiaw any grievance
(H) Engage in .any act, conduct of activity which discnnlmates, din eedy of nakedly,
ail -must any pet sou of class of per sons of the basis of I ace, cold , 1 elrgton, Sea, national or tgrn,
,tge, marital or veteran status, or the ptesemce of a medical condition of disability
10 14 Employee Civil Action Legal Defense, Indetuntly
(A) Civil Actions. Pursuant to II C.A 63-30-36 et sett all employees that ate
named .ts a defendant in a civil law suit tubing out of an act of omission occur nng dui rig the
performance of employee duties, within the scope of employment, en nutlet color of authonty
ate entitled to legal defense by the City at no cost to the employee, piovlded the employee
complies with the ptomains of the law
(B) A request loi indemnity shall be made by the employee in witting within ten
days of the service of the summons, comphunt, o] other process on the employee, or such
longer period of time as will not prejudice the ,ability of the Cray of its unutance cattier to
defend the law stud
(0 Should tut employee lad to timely request defense, of l,ul to cooperate in the
delense of the law suit the City may elect to tnlluhaw lion] defense of the Saul In that event
the employee will be solely responsible for the defense of the lawsuit, any costs of delense, and
any judgment or settlement that may result against the employee
(D) The City may decline to deleud should it appeal that the suit does not allege
conduct lolling within the com se and scope of employment Altentalely, the City may defend
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subject to a reservation of its rights, which means that it may defend pending a determination
of whether the act or omission subject to the suit occurred during the course and scope of the
employee's duties. If it is later determined that the act or omission did not occur as part of the
employee's official duties the City will not be obligated to pay any judgment or settlement that
results lion the law suit. In that case the employee will be responsible fin• payment.
(E) Employees are advised that under stale law, suits derived from an employee
driving under the influence of alcohol or drugs, or suits in which the employee engages in
intentional misconduct, fraud, or malicious acts are not subject to defense or indemnity by the
City.
(1) The City shall pay arty judgment or settlement against an employee where it
undertakes defense and that defense is not subject to a reservation of rights.
10.15 Employee Criminal Action Legal Defense Costs
(A) Criminal Actions: Pursuant to 1.1.C.A. 63-30ar2, as amended, all employees
that are named a defendaml in a criminal action are not entitled to legal defense by the City,
even if the act or omission occurred during the performance of the employee's duties, within
the scope of employment, or under color of authority. Employees that are prosecuted for
these acts must retain and pay fir their own legal counsel. If the charge is based upon acts or
omissions occurring during the performance of official duties, within the scope of
employment, or under color of authority, and the prosecution is dismissed on motion of the
defense, results in a judgment of acquittal, or Wan information is quashed, the employee may
recover from the City reasonable attorney fees and court costs necessarily incurred in the
natter. However, the employee is not entitled to reimbursement of any attorney fees and costs
where the case is dismissed by motion of the prosecuting attorney.
(13) Iran employee is acquitted of some of the charges but convicted on other, the
employee shall be entitled to reimbursement for that portion of his reasonable defense costs
necessarily incurred which are attributed to the defense of the counts that were dismissed or
for which the employee was acquitted, except that if the underlying conduct is substantially the
same for both the counts resulting in conviction and the counts that :we dismissed there is no
right of reimbursement at all.
(C) It is the policy of the City to reimburse employees lbr defense costs only to the
extent required by law. Employees are advised that unreasonable, unnecessary, or excessive
legal expenses will not be reimbursed. In evaluating a claim for reimbursement lie City will
carefully scrutinize legal bills based upon the seriousness of lie charge, the time necessary to
prepare for trial, whether or not the case went to trial, the extent of pre-trial motions mid
hearings, the reasonableness of the attorney's hourly rate, and related factors. In no instance
will the City reimburse for attorney let's in excess of $150.00 per hour, unless the rate is
approved by action or the City Council in advance. If the City declines to reimburse, or
should it reimburse only in part, the employee will be solely responsible tin• payment of any
remainder. The City will not reimburse for interest on unpaid attorney fee accounts.
ARTICLE XI - DEFINITIONS
11.1 In General
'Perms in common usage and words defined in ordimuuces, rules and regulations shall have the
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meaning thereby defined.
11.2 Classification
The assignment of all individual position to an appropriate class on the basis of the kind,
difficulty and responsibility of the work being performed in that position.
11.3 Appointing Authority
The City Manager or his designated representative.
11:1 City Manager
The chief administrative officer, or a person designated or appointed by the City Council
and/or City Manager to act as City Manager in the City Manager's absence.
11.5 Claus of Positions
A group of positions sufficiently alike in duties, authority and responsibility that the same may
be designated by a common title and equitably compensated from the same range of pay
under substantially the sane employment conditions.
11.6 Class Specifications
The written description of a class of positions, including the Idle, a statement of the nature of
the work, examples of duties and responsibilities, and the requirements necessary or desirable
firr satisfactory performance of the duties of positions in the class.
11.7 Classified Employee
A fill time, non-probationaty, employee holding a classified setice position who is entitled to
benefits and the limitations on discharge described in state law. Classified employees shall be
ret, uded as "appointive officers and employees of a municipality" for purposes of state law.
11.8 Classified Service
The classified service consists ()I' the reguktr full-time employees of the City, except the City
Manager, statutory appointees, elected officials, contractors, statutory employees, and
members of policy, advisoly, review and appeal boards, or similar bodies.
119 Classification Title
The title assigned to any particular class, used for reference thereto.
11.10 Classification Plain
A plan used by the City for the orderly arrangement of positions in the City service.
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11.11 Contractor
A person not employed by the City who contracts to perlbrm or furnish services, materials or
anything of value.
11.12 Day
For the purpose of computing time, a period of less than seven days refers to working days,
and a period of seven days or more refers to calendar daps. For the purpose of calculating
leave benefits, a day equals eight hours.
11.13 Demotion
A change in appoiutmenl status to a position of less responsibility, lower classification or lower
salary. Demotion shall not be inferred from reclassification, reassignment, transfer, or as the
incident of any personnel action taken for another purpose.
11.14 Deim(mem Head
The director of a department, or, in the case of an office, agency or activity not within an
established department, the person authorized by the City to administer such office, agency or
activity. The term also includes any person authorized by a department head or City to act as
such director in the absence of the department he
11.15 Department Rules
The rules established by the department head for the orderly and efficient operation of the
department or for the accomplishment of any operation, task or responsibility assigned to the
department. Department rules shall be published and distributed to the persons affected
thereby, and are elfective unless expressly disapproved by the City Council.
11.1(i Eligibility List
A list of employees or persons who have been determined to have met the qualifications for
appointment to a position or class or positions.
11.17 Employee
A person performing labor or providing services to the city in exchange for pay and whose
work is subject to the direction, supervision, and control by other supervising employees or the
Governing Body of the City of Moab. Employees do not include independent contractors
performing services or labor pursuant to a written contract.
11.18 Employee, Contractual
Contractual employees are persons who hold employment with the City under a written
contact of not less than one year.
11.19 Employee, Exempt
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An employee who is exempt from the collection of overtime pay or compensatory time -off for
time worked in excess of his/her normally scheduled work time. Positions covered by this
designation include the City Manager, City Recorder, Treasurer, Public Works Director, and
Chief of Police.
11.20 Employee, Full Time
An employee who may or may not be in the classified service and who works at least 32 hours
per week mid who accrues benefits under these rules in accordance with that number of hours
of weekly employment.
11.21 Employe, Part-time
An employee who is not in the classified service who works less than 32 hours per week and
who is not entitled to employment benefits except as otherwise provided in these rules.
11.22 Employe, Seasonal
A temporary employee, not in the classified service, who works during a defined period of a
calendar year, trot to exceed six months.
11.23 Emplovee, Temporary
A person appointed to a position or limited duration, not in the classified service, and not
entitled to employee benefits except as provided in these rules.
11.2,1 Examination
A lest or tests —verbal, written or physical designed to assist in determining the qualifications of
applicants for a particular position.
11.25 Gender
Use of the masculine term shall be deemed to include the feminine.
11.26 Grade
The identifying title or number of a range of pay for a classified position.
11.27 Grievance
A circumstance or condition thought to be unjust and grounds for complaint, concerning
working conditions, pay, City or departmental rules and regulations, or the terms and
conditions of employment.
11.28 Dependents
The employee's lawful spouse and children, whether natural or adoptive, who have not yet
attained the age of 18 years and who live primarily with the employee.
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1129 Piobalion
A pei loci of time dunng which an employee's peilot mance is continually ievrewed and the
employee is expected to glove litlnCSS lot continued employinenl
1130 Piolnotion
A change in the classification of am employee to a position of mole iesponsibility and higher
sa lacy
11 31 Pi °motional examination
An cx ununatron loi positions in a pal ucul i class whet c admission is limited to employees who
meet the qualifications set lot lh in the announcement for the examination
11 32 Range, Salary
The minimum and maximum tales of pay loi a position
1133 Resignation
Voluntary sepaualiom lion municipal service
11 3,1 Shall and Will, May, Should, and Can
Pbe teems "shrill" and "will" ace (elms iequiimg mandatory action, "may" and "call" and
"should" al terns meaning that action is peuuissive and subject to the judgment of the
applicable official
11 35 Statutory Appointee
An employee, not in the classified service, appointed by the Mayoi with the consent of the City
Council Statutory appointees include the City Reconcici, Public Woi ks Director, Tiemu' ei,
and Chic( of Police
1136 Supervisoi
A pet soli who exel uses independent judgment and delegates admimsnative amthoiny m
supervising, duetting and evaluating the work of employees arld who may be iesponsrble lot
the discipline of employees and the maintenance atul eelldicalion of employee iccoids
1137 Suspension
Tcmporuy separation of an employee 'tom duty, Ludic' with of without pay
11 38 These iulcs
A reference to all provisions of the City of Moab Personnel Rides and Regulations
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11.39 Vacancy, or Vacant Position
A position in the classified service that is not filled.
11 AO Work Day/Work Week
The period benyeen the beginning and end of the time scl►eduled fin• the work of an employee
within a period of 24 hours. The work week begins Monday a.m., and ends on Sunday, p.m.
11.41 Working- Day
A calendar day on whicl► City offices are open for business, whirl► is not a Saltu day, Sunday or
a legal holiday. In computing any period of working days, the first day shall be excluded and
the last day included.
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