HomeMy Public PortalAboutRES-CC-2000-03Resolution 3-2000
A RESOLUTION AMENDING THE CITY OF MOAB PERSONNEL POLICIES AND
PROCEDURES MANUAL
WHEREAS, the City of Moab Personnel Policies and Procedures Manual contains rules of
general application concernmg hiring, promotion, pay, benefits, and discipline, and
WHEREAS, the Manual should be reviewed and revised on a penodic basis to ensure
compliance with employment laws and contemporary personnel management practices, and
WHEREAS, the Moab City Council has determmed that the Manual should be revised, and
WHEREAS, the revised City of Moab Personnel Policies and Procedures Manual has been
presented to tlus meetmg of the Moab City Council
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to
approve the revised Moab Personnel Policies and Procedures Manual in substantially the form
presented to this meeting of the City Council
This resolution shall take effect immediately upon passage
Passed and adopted by action of the Governing Body of the City of Moab in open session
tlus 8di day of February, 2000
Rachel Ellison
City Recorder
CITY OF MOAB
By yktQit_de l'v,NCni14
Karla R Hancock
Mayor
Personnel Policies and Procedures Resolution
Page IofI
CITY OF MOAB
PERSONNEL POLICIES
AND PROCEDURES
MANUAL
ADOPTED February 8 2000
City of Moab
Personnel Policies and Procedures Manual
INTRODUCTION 6
Mission Statement for the City of Moab 6
ii Purpose of Personnel Policies and Procedures 6
ARTICLE I - EQUAL EMPLOYMENT OPPORTUNITY POLICY 6
1 1 General Statement 6
12 Introduction 7
1 3 Dissemination of City Policy 7
1 4 Program Application and Responsibility 7
1 5 Recruitment and Selechon 7
1 6 Training and Personnel Status Changes 8
17 Complaints 8
18 Sexual Harassment Policy 8
19 Disciplinary Policy 9
ARTICLE II - GENERAL RULES AND REGULATIONS 9
21 Purpose 9
2 2 Construchon and Application of these Policies - Classes of Employees 9
ARTICLE III - SALARIES AND COMPENSATION p
3 1 Pay Period 9
3 2 Work Week 9
3 3 Salary Policy 10
3 4 Step -Increment Pay Plan 10
3 5 Cost of Living Adjustments to Pay Rate Schedule 10
3 6 Exceptions to Basic Pay Plan 11
3 7 Longevity Pay 11
3 8 Overtime and Compensatory Time Off 11
3 9 Salary Adjustments 12
3 10 Separation Pay 12
3 11 Severance Pay 13
3 12 Pay Advancements 13
ARTICLE IV - BENEFITS 13
4 1 Vacahon 13
4 2 Vacation Scheduling 14
4 3 Sick Leave 14
4 4 Administration of Sick Leave 15
4 5 Abuses of Sick Leave 15
4 6 Compensation for Unused Sick Leave 16
4 7 Conversion of Unused Sick Leave to Vacation 16
4 8 Holidays 16
4 9 Worker's Compensation 17
4 10 Employee Pension Plan 17
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411 Social Security, O A S I 17
412 Untforms 17
4 13 Health Insurance 17
4 14 Dental Insurance 18
415 Life Insurance 18
4 16 Training Programs 18
4 17 Education Programs and Assistance 18
4 18 Use of Private Vehicle - Reimbursement 20
4 19 Insurance Protechon 20
4 20 City Pool Privileges 20
ARTICLE V - LEAVES AND ABSENCES 20
51 Leave m General 20
5 2 Vacation and Sick Leave 21
5 3 Military Leave 21
5 4 Jury Leave 22
5 5 Leave for Vohng 22
5 6 Medical or Dental Leave 22
5 7 Maternity Leave 23
5 8 Administrative Leave 23
5 9 Family Medical Leave Act 23
510 Leaves of Absence 24
5 11 Unauthorized Absences 24
5 12 Failure to Return from Leave 24
ARTICLE VI - OCCUPATIONAL SAFETY AND HEALTH 25
6 1 Intent and Purpose 25
6 2 Responsibility for Workplace Safety 25
6 3 Inspection and Enforcement 25
6 4 Records 25
6 5 Posting Emergency Aid 25
6 6 Working Condihons 26
6 7 Injury Reporting 26
6 8 Rules in General 26
6 9 Smoke -Free Workplace Policy 27
610 Drug and Alcohol Policy 27
6 11 Policy Regarding Workplace Accommodation of Persons with Disabilihes 35
ARTICLE VII EMPLOYMENT PRACTICES 36
71 Anh-Nepotism Policy 36
7 2 City Manager 37
7 3 Personnel Officer 38
7 4 Department Heads 38
7 5 Filling Vacancies in the Classified Service 38
7 6 Procedures for Filling Vacancies 39
7 7 Appointment of Classified Employees 40
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7 8 Temporary Appointment 41
7 9 Emergency Appointment 41
7 10 Part-time Employees 41
711 Classification 42
712 Reclassification 42
713 Grievance of Temporary and Part-time Employees 42
714 Garnishments 43
7 15 Outside Employment 43
716 Prohibition Against Political Activity 43
717 Reduction -in -Force 44
718 Transfer 44
719 Reassignment 44
7 20 Promotion 44
7 21 Separation 45
7 22 Resignation 45
7 23 Retirement 45
7 24 Statutory Appointees 45
7 25 Severance Policy - Statutory Appointees 46
ARTICLE VIII - DISCIPLINARY PROCEDURES 47
8 1 Causes for Disciphnary Achon 47
8 2 Verbal Warning 48
8 3 Written Repnmand 48
8 4 Written Reprimands - Within One Year 49
8 5 Suspension 49
8 6 Demotions 49
8 7 Discharge 49
8 8 Grievance - Right to Appeal 49
ARTICLE IX - GRIEVANCES 50
91 Policy 50
9 2 Jurisdiction 50
9 3 Gnevance Procedure 50
9 4 Extension of Time 51
9 5 Settlement 51
9 6 Appeal Procedure for Discharge or Transfer 51
ARTICLE X - MISCELLANEOUS PROVISIONS 53
10 l Driver's License 53
10 2 Use of City Vehicles 53
10 3 Accidents Involving City Vehicles 53
10 4 Reimbursement for Travel Expenses 54
10 5 Public Relations 55
10 6 Attire and Appearance 55
10 7 Management -Employee Cooperation 55
10 8 Rest Periods 55
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10 9 Misrepresentation of Informahon 55
10 10 Maintenance of Rules Manual 56
1011 Penodic Review of Rules 56
10 12 Conflict with Ordinances and Laws 56
1013 Other Prohibited Activities 56
10 14 Employee Civil Achon Legal Defense, Indemnity 57
1015 Employee Criminal Action Legal Defense Costs 58
ARTICLE XI — DEFINITIONS 58
11 1 In General 58
112 Classification 59
11 3 Appointing Authority 59
11 4 City Manager 59
11 5 Class of Positions 59
11 6 Class Specifications 59
11 7 Classified Employee 59
11 8 Classified Service 59
11 9 Classification Title 59
11 10 Classification Plan 60
1111 Contractor 60
11 12 Day 60
1113 Demotion 60
11 14 Department Head 60
11 15 Department Rules 60
11 16 Eligibility List 60
1117 Employee 61
11 18 Employee, Contractual 61
11 19 Employee, Exempt 61
11 20 Employee, Full Time 61
1121 Employee, Part hme 61
1122 Employee, Seasonal 61
11 23 Employee, Temporary 61
1124 Examination 61
1125 Gender 62
1126 Grade 62
1127 Grievance 62
1128 Dependents 62
1129 Probation 62
1130 Promohon 62
11 31 Promotional examination 62
11 32 Range, Salary 62
1133 Resignation 63
1134 Shall and Will, May, Should, and Can 63
1135 Statutory Appomtee 63
1136 Supervisor 63
11 37 Suspension 63
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i8 These rules 63
19 Vacancy, or Vacant Position 63
10 Work Day 63
11 Working Day 64
12 Work Week 64
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INTRODUCTION
i Mission Statement for the City of Moab
It is the mission of the City of Moab to provide quality, efficient services to Moab citizens
and business owners It is our mission to be accessible, accountable, and responsive to the
public m all our dealings It. is our mission to promote the best interests of the citizenry at
large, and to deal with individuals fairly, professionally and compassionately
11 Purpose of Personnel Policies and Procedures
The City of Moab Personnel Policies and Procedures are meant to further the nussion of the
City These policies are rules of general application concenung hrnng, promotion, pay and
benefits, and employee discipline These policies shall not be regarded as a contract, whether
express or implied, between the City of Moab and each employee The City reserves the nght
to rescmd, modify, or amend these policies and procedures from time to time, and all such
changes shall be bindmg upon employees Employees are advised that these rules cannot
anticipate each and every employment situation, and that special cases may warrant
departures or modifications of policy by the supervisor or appouumg authonty
Employees are further advised that policies which create financial obligations on the part of
the City are subject to modification depending upon budgetary constraints imposed by state
law
All employees, other those appointed by written contract, are advised that they are appointed
for an indefinite term of employment Termination from employment shall be governed by
state law, and this manual is specifically mtended to implement statutory provisions
However, with respect to discharge, this manual shall not be construed to confer upon
employees procedural or substantive nghts in excess of those already provided by state
statute
ARTICLE I - EQUAL EMPLOYMENT OPPORTUNITY POLICY
1.1 General Statement
It shall be the policy of the City of Moab to comply with the spirit of Equal Employment
Opportunity with regard to personnel actions m classification, development, training, upward
mobility, job specification, recruitment, promotion, demotion, disciplme, layoff, or
termination for all employees and applicants There shall be no unlawful discnmination in
any personnel action on the basis of a person's race, religion, sex, color, creed, national
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ongin, ancestry, age, manta' or veteran status, or non job related physical or mental
disability The term "sex" as provided herem includes unlawful discnmination in the form of
, sexual harassment, as further defined m this policy
1 2 Introduction
(A) In accordance with the requirements and objectives set forth in state and
federal law, the City does hereby actively promote equal opportunity of employment in the
areas mentioned above
(B) Responsibility for insuring compliance and continued implementation of the
City's policy of Equal Employment Opportunity shall be assigned to the City Manager Such
compliance will be checked on an annual basis
13 Dissemmation of City Policy
Internal Dissemmation - The City's policy on non-discnmination will be brought to the
attention of all employees by the department head at the time of luring Regular meetings
with all elected officials, department heads, supervisors, and related personnel of the City
will be conducted The pnmary purpose of such meetings will be to familianze 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 Responsibdity
All levels of management within the City organization are responsible for the proper
implementation of the Equal Employment Opportunity Policy as outlined trier=
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 are excluded from the provisions of this
section
(B) Placement - All position descnptions and corresponding statements of
mimmum qualifications shall be related directly to job duties and responsibilities Such
qualifications will be reviewed penodically to insure their accuracy
(C) Tests - Any tests that are utilized by the City for placement or job
qualification shall be reasonably related to necessary job functions and slulls
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1 6 Training and Personnel Status Changes
(A) All training and education programs will be reviewed penodtcally to be
certam that all personnel are given Equal Employment Opportunity to participate in these
programs
(B) All eligible and qualified City employees shall receive consideration for job
vacancies and job training in all departments m accordance with this Equal Employment
Opportunity Policy
(C) All transfers, terminations, demotions, disciplmary 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 discnmination should file a
gnevance 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 Gnevance
procedures shall be in accordance with Section 9 8 of tlus manual
18 Sexual Harassment Pohey
(A) It is the City's policy that the management and employees of the City shall
not tolerate sexual harassment
(B) Sexual Harassment occurs when an employee is subjected to unwelcome
conduct, based on sex, which is severe or pervasive and occurs in one or more of the
following circumstances
I) The conduct is either an explicit or implicit condition of an ind►vidual's
employment,
2) Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting the individual, such as salary or advancement, or
3) Such conduct has the purpose or effect of unreasonably mterfermg with an
individual's work performance or creatmg an intimidating, hostile or offensive
working environment
Conduct wluch can be considered sexual harassment includes, but is not limited to,
unwelcome sexual advances, jokes of a sexual nature, unwelcome comments about a
person's clothing or appearance, stones or comments about a person's sexual behavior,
sexually explicit photographs or pictures, or unwelcome touching of a sexual nature Sexual
harassment is a violation of these policies and specifically the )equal Employment
Opportunity Policy
(C) Employees who are subject to sexual harassment or who personally observe
such conduct should report the conduct to their department head The department head shall
convey all reports of sexual harassment to the Personnel Officer If the department head is
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the source of the conduct or refuses to resolve the problem, the employee shall file a wntten
grievance, as provided in Section 9 8, Equal Employment Opportunity Gnevances
1.9 Disciplinary Policy
Employees who engage m unlawful discnmination, mcludmg sexual harassment, or who fail
to take action to stop such conduct are subject to disciplme, which may include suspension,
demotion, termmatton, or other dsciplmary action
ARTICLE II - GENERAL RULES AND REGULATIONS
2.1 Purpose
The City establishes the following personnel rules to obtain the orderly, uniform, and fair
Interpretation of City personnel policies
2 2 Construction and Application of these Policies - Classes of Employees
(A) In these rules, the phrase "all employees" or "any employed' means that a
provision applies to classified employees, statutory appointees, probationary employees,
temporary employees, and seasonal employees
(B) These rules do not apply to the employment, benefits, and salanes of the City
Manager, elected officials, contractors, and members of policy, advisory, review, and appeal
boards, or similar bodies, except to the extent these rules are incorporated into mdividual
employment contracts
(C) Where a provision of these rules 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 1II - SALARIES AND COMPENSATION
3 1 Pay Penod
All employees are paid bi-weekly, The calendar year is divided into 26 pay penods Pay
days are the Fnday following the close of a pay penod unless that day is a holiday, in wluch
case Thursday preceding shall be the pay day A pay penod consists of a total of fourteen
(14) calendar days and shall start on a Monday a m
3 2 Work Week
The established work week for all employees is from Monday at 12 00 a m to Sunday at
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11 59 p m The number of days and number of hours per week to be worked will be as
assigned by the department Salanes for all departments shall be based on a forty (40) hour
work week
3 3 Salary Policy
The City Manager and department heads shall 'be responsible for the development of a
unifoini and equitable pay plan that consists of a muumum and maximum rate of pay for
each class of positions The salary ranges are linked to the classes of position in the
classification plan In amving at salary ranges, consideration should be given to
(A) Maintenance of correct relationships between the salary grades of vanous
positions in the City service
03)
The duties and responsibilities of the position
(C) The comparable wage rates for similar work in other municipalities within the
State of Utah
(D) The financial position of the City
3 4 Step -Increment Pay Plan
Employees are classified according to pay ranges, each of winch includes a series of pay
steps, beguuung with the minimum, or entry level, salary for the position The pay steps
within a pay range may extend indefinitely This classification system will be called the
position classification chart Non-classified/exempt employees may be listed in the position
classification chart for reference purposes only Progression of an employee along the pay
plan shall be determined on the basis of the ment of the employee Salary increases along
the step mcrement pay plan may be awarded after the completion of an evaluation of the
employee by the employee's supenor, and upon approval of the employee's supervisor, the
department head and the City Manager Evaluations of job performance should be
performed at the end of the employee's probationary penod and annually on the employment
date of the employee Other penodic evaluations of employee performance may be
performed Pay ranges may be adjusted periodically on the basis of annual surveys of
salanes paid for comparable work in other municipalities within the State of Utah, within the
limits of federal wage and puce guidelines
3 5 Cost of Living Adjustments to Pay Rate Schedule
The City Council, upon recommendation from the City Manager, may make penodic
adjustments to the Pay Rate Schedule in order to accommodate increases in the cost of living
Standard state and national measures shall be used in determining cost of living adjustments
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3 6 Exceptions to Basic Pay Plan
Part-time and temporary employees are not included in the step-mcrement pay plan, but may
receive ment mcreases based on performance considerations within the limits of the pay
range and within the limits of federal wage and puce gwdelines The pay ranges for these
positions may also be adjusted penodically on the basis of salary surveys Pursuant to section
7 (k) of the Fair Labor Standards Act, the City establishes a fourteen (14) day, pay penod for
all employees, including public safety employees This section allows the City to exempt
police officers from overtime pay, at time and one-half, until the employee exceeds 86 hours
in a pay penod
3 7 Longevity Pay
Classified employees, statutory appointees, and contractual employees receive longevity pay
after completion of five (5) years of employment Longevity pay, as applicable, will be paid
in the first pay penod m January following the employee's 5, 10, 15, or 20 year anniversary
date
Longevity pay shall be as follows
(1)
(2)
(3)
(4)
1 % of base annual salary upon completion of five (5) full years of contmuous service,
2% of base annual salary upon completion often (10) full years of continuous service,
3% of base annual salary upon completion of fifteen (15) full years of continuous
service,
5% of base annual salary upon completion of twenty (20) full years of continuous
service
3 8 Overtime and Compensatory Time Off
(A) Normal work schedule The normal work schedule for all employees is
established by the department head and consists of such hours on such days as may be
regularly assigned from time to time
(B) Authonty for overtime The department head will determine the need for
overtime and when it will be authonzed or used The approval of a supervisor, division head
or department head must be obtained before overtime is worked, except in emergency
situations m which the approval may be obtained on the next worlung day
(C) Compensatory time The granting of compensatory time-offm lieu of paymg
overtime pay for overtime hours worked will be permitted All compensatory Ume not taken
in the same work week as overtime hours worked will be accumulated at the rate of one and
one-half times the hourly rate of pay All compensatory time must be approved by the
supervisor, division head or department head The department head may reject requests for
compensatory time if work loads preclude availabihty Exempt employees are not entitled to
compensatory time or overtime pay
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(D) Overtime With the exception of exempt employees and non-exempt police
officers, all employees who work overtime will be paid at the rate of one and one-half times
the hourly rate of pay Overtime is that time worked m 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 penod, until they exceed eighty-six (86) hours When non-exempt police officers
exceed 86 hours in a pay penod they will receive pay at one and one-half times their hourly
rate, for such excess
(E) Time included In determining completion of 40 work hours in a work week
or 80 work hours in a two -week pay penod holidays and authonzed absences shall be
excluded
(F) On Call/Muumu m hours The department head may establish a minimum
penod 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 and/or pagers are not
deemed to be on call for these purposes The department head may also establish a minimum
penod of overtime for calls to work, such as court appearances, where the work is canceled
upon or after amval of the employee
(G) Eligibility In genera), all non-exempt employees are eligible for overtime
Employees who are identified as exempt status employees are not eligible for overtime or
compensatory time Exempt employees as of September I, 1998 are the following City
Manager, Recorder, Treasurer, Chief of Police, and Public Works Director
(II) Emergency declaration In the event of a disaster or emergency officially
declared as such by an appropnate 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 Adjustments
When the rate of pay of an employee is lower than the prescnbed m►nunum for lusher class
in the classification plan, the rate shall be increased to such muumum
3 10 Separation Pay
All employees who terminate shall be required to return all keys, tools, safety equipment,
and other City property and clear all financial obligations related to employment pnor to
receiving their final paycheck In the event they do not clear the above obligations, the value
of the equipment, property, 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 ) and longevity pay
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3 11 Severance Pay
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 management, thereby not permitting a 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 m 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 pnor to the completion of the pay penod
ARTICLE IV -'BENEFITS
41 Vacation
Classified employees, statutory appointees, and contractual employees begin to eam vacation
upon commencement of employment Vacation time is intended to benefit the employee,
and employees are encouraged to take vacations m the year in which it is earned The
following schedules show the number of vacation days that will be accrued upon completion
of each full year of employment ,
Completion of Service Vacation Days per year
Exempt Employees
Completion of first year
Completion of second year
Completion of fourth year
Completion of sixth year
Completion of eleventh year
Completion of thirteenth year
Completion of mneteenth year
Non-exempt Employees
Completion of six months
Completion of first year
Completion of 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 days
6 days
10 days
13 days
1'6 days
19 days
24 days
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(A) Accumulation The number of days of vacation accumulated by a classified
employee or statutory appointee shall be limited to one year's entitlement If an 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 tune the vacation was earned
(B) Sick leave substitution If a documented illness that would justify use of sick
leave occurs wlule an employee is on vacation, that time may be counted against any
accumulated sick leave if requested 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 An authonzed City holiday shall not constitute a
vacation day, and whenever an authonzed holiday falls within an employee's vacation leave,
he or she will be entitled to one (1) additional day beyond the specified vacation penod
(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 semonty and
preferences in such determination, but in any event, scheduling of vacations shall be at the
discretion of the department head Every effort 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 penod shall be credited as a day of service Sick leave shall accrue to an
available maximum 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
47
(A) Probationary employees Sick leave shall accrue, but shall not be available
until after six (6) months of service for probationary employees
(B) Authonzed uses Sick leave shall be granted to an employee who is absent
from duty because of illness, injury, quarantine for exposure to contagious disease, medical
or dental appointments, or death of an immediate family member Immediate family includes
the employee's parents, step-parents, children, step -children, siblings, grandparents, and in-
laws
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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 head to receive such
notice, within a reasonable time pnor to the start 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 m family When death occurs in the employee's munediate family, sick
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 the health, safety and welfare of a member of the employee's immediate
family, the employee may be granted emergency sick leave with the approval of the
department head
(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 City's expense, medical certificates and a
written statement of the reasons for any penod of sick leave
(F) Retum to work If an employee has been absent from duty because of sickness
or mjunes for a penod 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 functions
pnor to being permitted to return to work
(G) Job -related inlunes Any employee absent from work because of a job -related
injury is entitled to use all available sick leave pnor to receiving worker's compensation
benefits for any penod in wluch the employee is eligible for such benefits In no instance
shall the employee be entitled to sick leave pay and worker's compensation for the same
penod 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 the like) to the City in partial reimbursement for this
benefit and to the extent necessary to prevent a double payment
4 5 Abuses of Sick Leave
The City shall have the nght to investigate, at its own expense, the causes or circumstances
of any absence or use of sick leave
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4 6 Compensahon for Unused Sick Leave
(A) Employees with more than thirty (30) days accumulated sick leave may be
paid for unused sick leave Paid sick leave will be paid m January for the precedmg year, at
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) days
(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) days or more of
=cumulated sick leave may convert up to five (5) days of sick leave mto additional vacation
leave on a one-to-one basis Sick leave converted to vacation will be subtracted from the
employee's sick leave
4 8 Holidays
(A) The City observes the following days as paid holidays
New Year's Day
Civil Rights Day
Presidents' Day
Memonal Day
Independence Day
Pioneer Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgivmg Day
Chnsttmas Day
(B) When a holiday falls on a Sunday, Monday will normally be the day of
observation. A holiday falling on Saturday will normally be observed on the preceding
Fnday. The City may observe a holiday on the day normally observed by State and County
Agencies
(C) When a holiday falls within an employee's vacation penod, the holiday is not
counted as a vacation day
(D) Vital services of the City are not interrupted by the observance of holidays,
and some employees will be scheduled to work on holidays
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(E) Classified employees who either work on a scheduled hohday or do not denve
the benefit of havmg the holiday offon a scheduled workday shall receive an additional eight
(8) hours of straight (hourly) pay as compensation for the hohday
4 9 Worker's Compensation
State law provides worker's compensation for all employees and the City is msured for this
purpose The benefits of worker's compensation will be paid to the City pursuant to the
Workmen's Compensation Act.
(A) All employees who are injured on the job must report the injury to a
supervisor immediately, and forms prescribed by the State Industrial Commission must be
completed and submitted to the City administrative offices within two (2) working days of
the injury or report of the injury
4.10 Employee Pension Plan
Classified employees and statutory appointees shall participate m the Utah State Retirement
System This retirement system provides a number of benefits to the employee Due to the
complexities of the plan and its impact based on occupation, employees should refer to the
State Retirement Information Handbook regardmg any questions concerning the plan.
411 Social Security, O.A.S I
All employees of the City contribute to the O A S I , or Social Securty program, as
administered by the Federal Government. This is a system of retirement benefits based on
equal employer and employee contributions to public insurance reserves
412 Uniforms
The City will provide uniforms and/or a uniform maintenance and cleaning payment to all
employees required to wear and mamtam uniforms
4 13 Health Insurance
The City pays 100% of the premium on health insurance for classified employees, statutory
appomtees, contractual employees and their dependents The plan includes major medical
provisions The City administrative offices will handle any problems relating to health
insurance The City will reunburse exempt status employees an amount equivalent to the
deductible charge assessed by the insurance company The employee shall submit
documentation to support that a deductible was assessed and then paid by the employee
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Reimbursements are limited to the deductible imitations of the insurance policy in effect
The City further limits reimbursements to S 100 per year, per employee, or S300 per year, per
family No other deductibles are reimbursable
414 Dental Insurance
The City pays 100% of the premium on dental msurance for classified employees, statutory
appomtees, contractual employees, and their dependents The City administrative offices
will handle any problems relatmg to dental insurance The City will reimburse exempt status
employees an amount equivalent to the deductible charge assessed by' the insurance
company The employee shall submit documentation to support that a deductible was
assessed and then paid by the employee Reimbursements are limited to the deductible
limitations of the msurance policy m effect
4 15 Life Insurance
The City offers a voluntary life insurance protection plan for employees Employees should
check with the City Recorder's office for a full descnption of the benefit
416 Trammg Programs
Trauung programs are those designed to improve the employee's on-the-job performance
When any employee is sent to a trauung program, the City will pay associated expenses and
registration fees
417 Education Programs and Assistance
In the interest of enhancing the abilities of the work force, the City may, subject to the
procedures provided in this section, reimburse, when funds are available, classified
employees, statutory appointees, and contractual employees for classes taken at an accredited
college, university, or other educational institution In addition to benefitmg the individual,
the mtent of the tuition aid reimbursement program is to benefit the City through the
utilization of and employee's newly acquired skills The program is not intended to tram
employees for opportunities with other employers
After a department has determined that funds are available for tuition aid reimbursement, the
followmg conditions must be met
(A) Cntena for Eligibility
(1) Employee must be full-time, working at least forty (40) hours per
week, and not a probationary employee
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(2) Employee has not yet reached the annual limit of S1,000 as descnbed
m Paragraph B-2, below, in tuition aid reimbursement paid dunng a
calendar year
(3) Classes must be taken for credit and completed Audits, mcompletes,
and withdrawals are not eligible for reimbursement
(B) Cntena for Approval
(1)
Approval is contingent upon sufficient funds in the departmental
budget
(2) Employees are limited to a maximum of S1,000 for tuition aid
reimbursement in a calendar year
(3)
The employee's supervisor and department head must approve the
request
(4) The course work is offered at an institution accredited by the State of
Utah or other institution approved by the City of Moab
(5)
Course work is taken on the employee's own (unpaid) time
(6) Employee's job performance is satisfactory
(C) Program Requirements
(1) Class or degree must be job -related, based on the knowledge, skills
and abilities required by the employee's current job descnption
(D)
(2) Satisfactory completion of the class(es) as substantiated through a
certificate or a grade of C or higher, or "Pass" if the class is offered
only Pass/Fail, will be reimbursed for 70% of the total out-of-pocket
cost of the course (after grants or scholarships have been deducted),
up to the calendar year maximum of S1,000
Application Procedure
The employee should take the following steps when applying for tuition aid
reimbursement
(I) Discuss with department head lusher intent to attend classes 30 days
pnor to start of classes, to venfy if funds will be available
(2) Obtain Purchase Requisition Form from department head
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(3) Complete and submit the form to department head, with proof of paid
tuition
Application for educational assistance shall not normally be approved for
reimbursement of course(s) taken m excess of nine (9) hours per semester or quarter
If the employee is entitled to Veteran's educational benefits, he/she must use such
benefits in heu of City reunbursement The City reimbursement will be reduced by
the amount of reimbursement the employee is eligible for from the Veteran's
Administration
(E) Repayment of Tuition Benefits Approved educational program assistance
shall be regarded as a forgivable advance against future wages If an employee quits or is
terminated from employment withm one year of completion of a program paid for with
educational assistance funds the costs advanced by the City shall be deducted from the
employee's final wages If the final wages are insufficient to completely reimburse the City,
the balance shall be paid by the employee witlun 30 days of separation Upon completion of
one year of service following completion of the educational program the costs advanced by
the City shall be forgiven Nothing in this section shall be construed to create any express or
unplied term of employment for any covered employee
418 Use of Pnvate Vehicle - Reimbursement
The City will pay a mileage allowance, m an amount determined by the City Council, for the
authonzed use of a pnvate vehicle on City busmess
419 Insurance Protechon
The City tames liability insurance covering the operation of City velucles and covering
vanous other activines of the City All employees operating City velucles must report
accidents immediately to a supervisor and complete such reports as may be required
4 20 City Pool Privileges
Classified employees, statutory appointees, and contractual employees will be granted
once a year a Family Moab Swim Center pass free of charge The pass is restricted to the
uses stated on such pass and will expire at the end of each swim season
ARTICLE V - LEAVES AND ABSENCES
5 1 Leave m General
Leave, m the context of these rules, means authonzed absence Leave may be paid, as in the
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rase of vacation or sick leave, or unpaid, as m the case of a leave of absence Arrangements
for leave are made through the supervisor, subject to department requirements and
department head approval
S.2 Vacation and Sick Leave
Vacation, sick leave and paid hohdays are discussed m Article 1V
53 Mthtary Leave
Leave may be granted for a penod of active military service Extended Military Leave is
defined as any leave of six (6) months or more, and Short Term Military Leave is any leave
of less than six (6) months in duration
(A) Short Term Mihtary Leave is authorized for classified employees, statutory
appomtees, 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 mihtary orders placing hroJher on active duty status
(3) Employees who are members of reserve units of the military shall
notify their immediate supervisor at least four (4) weeks m advance
and shall mdicate m wntmg their expected length of active duty
Such wntten notification shall be made a part of the employee's
personnel file
(B) Extended Military Leave Without Pay may be granted to classified employees
and statutory appointees who are drafted, or are recalled to active service m the armed forces
of the United States m accordance with the provisions of the Umversal Military Trammg and
Service Act Former employees shall be permitted to return to City employment pursuant to
the following conditions
(1)
The leave of absence may not exceed four (4) years from the date of
entry mw the muhtary service (unless the employee is mvoluntanly
retained longer)
(2) The employee must have sausfactonly completed the penod of active
dirty and furnish certification to that effect
(3) Employees subject to this policy and leaving active military duty are
authonzed to request reinstatement to an available position of
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comparable grade and rate of pay to that previously held If the
employee declines two (2) consecutive offers for position vacancies,
remctatement nghts shall termmate
(4) If, due to a service -connected disability or for some other reason, an
employee is not quahfied to perform all the duties of his/her former
position, he/she will be placed m the closest comparable position for
which he or she is Qualified.
(5)
Such leave 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 Jury Leave
ha the event that any employee is summoned for jury duty or is subpoenaed as a witness, a
paid leave of absence shall be granted for that purpose, provided the employee shows to lus
supenor the court order, subpoena or summons The employee shall be expected to be at
work durmg the regular working hours when not required to be absent and the employee
shall provide proof of actual jury service If the employee remains on the payroll durmg such
jury duty, he/she shall assign all jury or witness fees to the City for jury/witness duties
served Employees takmg jury leave shall attach a copy of the jury summons to the time
sheet for the pay penod m which jury leave is taken.
(A) Time absent by reason of subpoena m pnvate litigation or by some party other
than the Federal Government, State Govemment or a political subdivision thereof, to testify
m other 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 hours between the time the polls open and close during
which the employee is not employed on the job shall be given reasonable time off to vote m
all local, county, state and federal elections Such time off shall be arranged with the
employee's supervisor
5.6 Medial or Dental Leave
When any employee, for his/her own personal use, requests time off to obtain personal
medical or dental care, he or she shall not be charged for sick leave if the time off the job is
less than one quarter of lusher work shift If the employee must be away from the job for
more than one quarter of the work shift, he/she shall be charged sick leave m one -hour
increments Employees must schedule such medical and dental leaves with their supervisor
Except m cases approved by the department head, such leave will not be granted more than
four (4) times per year
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5.7 Maternity Leave
(A) Any employee who becomes pregnant may continue working until such time
as she can no longer sausfactonly perfonn her duties, or her physical condition is such that
her continued employment may be 1110110us to her health An employee shall, upon request,
be required to present medical certification from her doctor, at her expense, venfying fitness
to continue or resume work
(B) Unpaid maternity leave shall be granted in accordance with the Family and
Medical Leave Act provisions m Section 5 9, Below An employee may elect to have such
time absent from work accredited to sick leave and vacation leave (including accrual) pnor to
being carved on leave -without -pay status
5.8 Administrative Leave
A classified employee or statutory appomtee may, upon the approval of the City Manager or
designated representative, be granted leave with pay to perform legitimate duties in
connection with City busmess, to attend trade or professional meetings which relate to
official duties, to participate m recognized and authonzed trammg programs, or for other
purposes directly related to the conduct of official City business
5.9 Family Medial Leave Act
(A) Up to 12 weeks of unpaid lave will be granted to any employee that has been
employed by the City for at least 12 months and has worked at least 1,250 hours dunng the
previous 12-month penod for the following reasons
(1) to care for the employee's child after birth, or placement for adoption
or foster care,
(2) to care for the employee's spouse, son, daughter, or parent who has a
senous health condition, or
(3) for a serious health 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' advance wnttea
notice pnor to the leave taken pursuant to this section.
(C) The City may requue medical certification to support a request for leave
pursuant to this section, and may require second or third opinions (at the City's expense) and
a medical cemfication pnor to the employee's retum to work
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(D) The City will mamtam any group health plan msurance normally provided to
an employee taking leave under this section either until such tmie as the employee should fail
to return to work followmg 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 this
section to their ongmal 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 pnor to the start of the employee's leave
5.10 Leaves of Absence
(A) Leaves of absence without pay may be granted for penods not to exceed one
year to non -probationary classified employees and statutory appomtees because of Illness or
mfumtty, for educational or religious purposes, or for other smular reasons Leave is
available subject to the discretion of the supervisor and the appomtmg authonty Leave shall
not be granted where tt will, result in fiscal or operational hardship to the City Factors
which may influence the decision to grant leave include the employee's performance record,
length of service, and related factors Request for leave shall be made in writing to the
appomtmg authonty Employees on leave status do not accrue additional benefits and leave
time is excluded from the calculation of length of service The City cannot 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 Family and Medical Leave Act, as described m Section 5 9 shall be counted against the
one year hmttation of leave under this section Failure to report for duty upon expiration of
leave under this section is grounds for discharge
5.11 Unauthonzed Absences
Any employee absent from the job without approval from a supervisor may be disciplmed or
tennmated Unauthonzed absence for two (2) consecutive days or more may be mterpreted
as resignation without due notice Employees willpot be paid for any penod of unauthorized
absence
512 Fadure to Return from Leave
Any employee who fails to retum from leave may be terminated My employee who is
unable to return from leave at the tune scheduled should make arrangements with the
supervisor or department head to extend the scheduled date of return, and reasonable request
for such extension may be accorinmodated
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ARTICLE VI - OCCUPATIONAL SAFETY AND HEALTH
6.1 Intent and Purpose
It is the mtent and purpose of the City to comply with all apphcable titles and regulations
pertaining to the Occupational Safety and Health Act as established under Federal Law or
Utah State Law
6.2 Responsibility for Workplace Safety
The City shall furnish each of its employees a work environment free from recognized
hazards The City requires that employees comply with the occupational safety and health
standards, orders, rules, and regulations promulgated under the Occupational Safety and
Health Act Comphance with this Act shall be accomplished through the estabhshment of an
occupational safety and health program as outlined herem
63 Inspection and Enforcement
City admrmstration shall inspect or designate a competent person or persons to inspect
frequently for unsafe conditions and practices, defective equipment and matenals, and where
such conditions are found, to take appropnate action to correct such conditions immediately
Supervisory personnel shall enforce safety regulations and issue such rules as may be
necessary to safeguard the health and hves of employees They shall wam all employees of
any dangerous conditions and permit no one to work m an unsafe place, except for the
purpose of makmg it safe
6.4 Records
An accurate record shall be kept of all accidents involving mtunes to employees while on
duty, whether or not time is lost. These records shall at all reasonable tunes be available to
the Industrial Commission or its representatives upon request Other records shall be kept as
requested by the Industrial Commission
6.5 Posting Emergency Aid
Each department head or supervisor shall post in a conspicuous place a copy of state
worker's compensation regulations and policies together with a list of telephone numbers
and/or addresses as may be apphcable, so that necessary help can be obtamed in case of an
emergency
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(A) Such list shall mclude
(1) Responsible Person (supervisor)
(2) Doctor
(3) Hospital
(4) Ambulance
(5) Fire Department
(6) Law Enforcement Agency
6.6 Work®= Conditions
An excessively httered or duty work area constitutes an unsafe, hazardous condition of
employment and should be remedied widen a reasonable amount of time When no other
method or combmanon of remedies exist to mimmin hazards due to toxic dusts, fumes,
gases, flying objects, dangerous rays, or burns firm heat, acid, caustics, or any hazard of a
similar nature, the City shall provide each worker with the necessary personal protection
equipment, such as respirators, goggles, gas masks, certain types of protective clothing, etc
Provisions shall also be made to keep all such equipment m good, sanitary working condition
at all times
6.7 Injury Reporting
A report of any on-the-job injury resulting m disabihty or compcnsable lost time shall be
submitted by the department Bead or other designated official and then submitted to the City
admimsttative offices The administrative offices will then submit the report to the Industrial
Commission and to the affected employee within two (2) working days on a "First Report of
Injury" form. Should any sudden or unusual occurrence or change of conditions occur (such
as the appearance of toxic or unusual fumes or gases, major equipment failure, explosions,
fires, etc ) that might affect the safety or health of City employees or tend to increase the
hazards thereof, the department head or other designated authonty shall notify the Industrial
Commission of Utah at once Such notification must be made whether or not any actual
injuries result from the occurrences or change of conditions All fatal, potentially fatal and
serious accidents shall be reported immediately to the Utah State Industrial Commission.
6.3 Riles in General
(A) No person shall remove, displace, destroy or cant' away any safety device or
safeguard provided for use in any place of City employment or mterfere with the use of any
method or process adopted for the protection of employees
(B) No employee shall refuse or neglect to follow and obey reasonable orders that
are issued for the protection of health, hfe, safety, or welfare of employees
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(C) Employees who do not understand or speak the Enghsh language shall not be
assigned to any duty or place where the lack or partial lack of understandmg or speaking of
English might adversely affect their safety or that of another employee
(D) Where there is a risk of injury from hair entanglement m movmg parts of
machinery, employees shall confine their hair to eliminate dine hazard
(E) Loose sleeves, tails, ties, lapels, cuffs, or similar garments that can become
entangled in movmg machinery shall not be wom where an entanglement hazard exists
(F) Wnst watches, rings, or other jewelry shall not be wom on the Job where they
constitute a safety hazard_
(G) No employee shall carry alcoholic beverages and/or controlled substances mto
a place of employment This section does not apply to a pohce officer m the performance of
his/her dunes
(1) No employee shall go mto or loiter about places in which alcohol is consumed
or sold durmg 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
It is the policy of the City of Moab that employees shall not smoke or be m possession of any lighted
tobacco product while in an mdoor facility, in a city velucle, or durmg the course of normal work
dunes This policy shall not be construed to exclude smoking durmg designated breaks from the
work period
6.10' Drag and Alcohol Policy
(A) Pursuant to the Federal Drug Free Workplace Act, 41 U S C 701 et seq , the
Omnibus Transportation Employees Testing Act, and the Utah Local Govemmental Entity
Drug -Free Workplace Policies Act, U C A. 34-41-101 et seq , it is the policy of the City of
Moab that the unlawful manufacture, distribution, possession or use of alcohohc beverages,
controlled substances, and other substances wluch may impair work performance is expressly
prohibited It is the policy of the City that City employees, being servants of the pubhc, and
watrantmg respect from the public, must mamtam a high standard of mtegnty and
trustworthiness It is the policy of the City to have a drug -free workplace In order to
achieve a drug -free workplace, all employees shall be required to participate m alcohol and
controlled substances education and testing, as follows
(1) An alcohol and drug education program, as provided by the City,
shall be completed by all new employees within the first two weeks
of employment
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(2) An alcohol and drug test shall be performed on all job applicants who
have been extended an offer of employment for a safety sensitive
position Any offer of employment for a safety sensitive position is
expressly conditioned upon the successful completion of a pre-
employment drug/alcohol screening
(3)
All employees in safety sensitive positions will be subject to alcohol
and drug testing upon reasonable suspicion by the employer that the
employee is impaired by drags or alcohol while on duty
(4) All employees m safety sensitive positions will be subject to alcohol
and drug testing when the employee has been involved m an on -duty
accident mvolvmg a motor vehicle or motonzed equipment or, with
regard to pohce department personnel, when the employee has been
involved m any mcrdent m which a firearm is discharged m the lme
of duty
(5)
All employees m safety sensitive positions will be subject to random
drug and alcohol testing
B) Scope
This policy covers all City employees and new applicants for City employment
C) Definitions
(1)
"Alcohol" is defined as' the intoxicating agent m beverage alcohol,
ethyl alcohol, or other low molecular weight alcohols m methyl and
isopropyl alcohol no matter how packaged or m 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 5 a-37-2, as amended, federal law,
and including controlled substances or medications which, though
legal, have not been prescnbed to the, employee by a treatmg
physician for a bona fide medical condition or ailment For purposes
of example only, and without lumtation, controlled substances or
drugs include substances such as cocaine, heroin, manjuana, hashish,
amphetamines, opium, LSD, and smular illegal drugs Controlled
substances shall also include legal substances which are used for
mtoxrcatmg effect, including inhalants such as paints, thinners,
solvents, or over-the-counter drugs where used as an intoxicant m
doses in excess of recommended levels Controlled substances shall
also mean the metabolite of any of the substances covered by this
policy
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(3) "Impaired work performance" is defined as any performance of
normal lob duties that could Jeopardize the health, safety or welfare of
the employee, other employees, or any other Individual
(4) "Positive Test" is defined as follows
a for Commercial Dnver's License operators, any test 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 m the test subject,
b for non-C D L dnvers age 21 and over any test 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 substances in the test subject,
c for all employees under age 21 any test result showing a
blood or breath alcohol content of 001 or greater, as
defined by law, or the presence of any quantity of a
controlled substances In the test subject
(5) "Refusal to Submit to Testing" shall be defined as the failure to
provide an adequate breath, untie, hair, or blood sample without a
valid verified medical explanation, after 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
tramed 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
(7) "Safety Sensitive Positron" shall be defined to include job titles m
which the employee tames a firearm m the course of duty or is
required to carry a Commercial Dnver's License The followmg
positions shall be defined as safety sensitive
a Assistant Police Chief
b Police Sergeant
c Detective Sergeant
d Police Officer I
e Police Officer II
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f Pohce Officer III
g Police Chief
h Streets Service Worker II- CDL
i Streets Service Worker III- CDL
Ammal Control Officer
k Other positions that may be designated on
the position descnption as safety sensitive
D) Pre -Employment Screenmg
(I) Upon extension of an offer of employment the applicant shall
undergo a drug and alcohol screening at a facility designated by the
City Refusal to complete the pre -employment screeming shall result
in recision of the offer of employment Testing should be completed
not later than three calendar days from the extension of an offer of
employment Testing shall be completed at no cost to the applicant
(2) A posihve test result for either drugs or alcohol shall result in recision
of any offer of employment, except that an applicant who tests
positive may request an additional analysis of the second split of any
urine sample collected, as provided under Section 5(G), below The
request shall be made not later than 72 hours from the tune the
applicant is notified of the test result Any second test shall be
undertaken at 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 withm a
one-year time penod shall be required to undergo a pre -employment
screening only once dunng any one-year penod
E) Testing Procedures
(1) Testing shall be accomplished via unne, breath, blood or hair sampling
methods at a location designated by the City No sampling or testing
shall be tamed 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
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applicable, tests should be performed usmg gas chromatography/mass
spectroscopy, certified breath -testing equipment, or similarly reliable
methods
(2) Employees directed to report for testing under this policy shall do so
unmediately upon request of the supervisor Failure to timely report
for testmg 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
identity to the testmg 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 shift,
if possible
(3)
Urine samplmg shall be conducted in a manner that preserves the
pnvacy and digmty of the individual All sampling shall be
conducted under sanitary conditions and the City may institute
procedures to prevent substitution, adulteration, or tampenng with
samples
(4) Pnor to testing an employee or applicant shall disclose in wntmg to
the medical officer performmg the test, information concerning any
medical condition or medications consumed by the employee or
applicant which might affect test results
(5) The City shall employ testmg procedures that mamtam the chain of
custody from the collection of any sample through the chemical
analysis of the sample and receipt of the test results Analysis of
samples shall be accomplished through laboratones accredited either
by the Substance Abuse and Mental Health Services Administration
or the .College of Amencan Pathology
:6) Testmg shall be conducted only for the presence of alcohol or
controlled substances defined by this policy and state law In no
instance shall samples be tested for the existence of any other medical
condition, disease, or defect
:7)
Following testmg the Supervisor shall provide the employee or
applicant a copy of the written test results, and shall discuss the
results with the employee/applicant Employees or applicants testing
positive may elect, within 72 hours of receipt of notice of a positive
result, to have a second analysis of a split unne sample Regardless
of whether the employee requests a second analysis, pnor to
instituting any disciplinary action based upon test results the City
shall confirm the results via a second analysis of the split unne
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descnbe the conduct or behavior giving nse to a suspicion of
impairment
H) Post Accident Test=
(1) Employees in safety sensitive positions shall undergo testing
automahcally upon the occurrence of an on -duty accident resulting m
mjury or death to persons or damage to real or personal property or
vehicles Additionally, pohce department personnel shall undergo
testing following any mcident in which a firearm is discharged in the
line of duty, exclusive of firearms training
(2) Results of testing conducted by other law enforcement agencies
pursuant to mdependent legal authonty may be utilized by the City
for 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 mcident covered by this policy, except for good cause
shown Drug testmg shall be completed not later than eight hours
from the tame of any mcident covered by policy, except upon good
cause shown
I) Disciplmary Policy
(1) Employees shall not test positive for any alcohol, m 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 disciplinary action mcludmg mandatory
rehabilitation education, treatment, or counseling, suspension without
pay for a determinate penod, other disciplinary sanction, or
termination In the case of tennmation, an employee shall be entitled
to the applicable termmation procedures outlined m the personnel
policies and procedures manual and the state code
(2) Commercial Dnver's License Operators who produce a blood or
breath alcohol test result of 02- 039 grams per later will be removed
from service for 24 hours, and will be subject to a follow-up test pnor
to returning to work
(3)
It is the policy of the City that drug and alcohol test results shall be
used for internal hurmg, employee discipline, and personnel decisions,
and not for the collection of evidence m any criminal proceeding or
mvestigation Test results shall not be used by the City for any
cnminal investigation
02/07/00 33
City of Moab
Personnel Policies and Procedures Manual
(4) Drug and alcohol test results, and all accompanymg medical
information, shall be maintained in the employee or applicant's
personnel file The mfonnation 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 law.
(5) Pursuant to the Amencans with Disabilities Act and the Utah Anti-
disciumnation Act employees or applicants testing positive under this
policy are not by virtue of the test result, regarded as disabled
(6) 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 mjury or property damage occurred, the nsk or
potential of an mjury, the level of impairment, any history of past
violations or previous treatment, and the extent to wluch the public
hest or official duties are compromised by the impairment Other
factors may be considered EMPLOYEES ARE NOTIFIED THAT
ANY VIOLATION OF THIS POLICY MAY CONSTITUTE
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 m violation of this policy the supervisor may
suspend the employee, with pay, pendmg receipt of the test results
1) General Policies with Respect to Alcohol and Controlled Substances and
Admimstrative Matters
(I)
Possession, consumption, distribution, or manufacture of controlled
substances by all employees, whether on duty or off, is expressly
forbidden Violation of this policy, which need not include a criminal
conviction, is grounds for termination or disciplinary action Tlus
policy excludes the possession of controlled substances collected by
law enforcement personnel as evidence pursuant to normal law
enforcement activity
(2) Possession, consumption, distribution, or manufacture of alcohol by
any employees while on duty, or on City property, or in City vehicles
is forbidden, except that off -duty employees may consume alcohol on
City property as a social guest where permitted by City ordinance,
e g Moab Arts and Recreation Center events
02/07/00 34
City of Moab
Pt, mine! Policies and Procedures Ma..Jai
(3)
All employees are advised that the City reserves the nght to conduct
mspecnons of city owned property, mcludmg vehicles, work stations,
tool boxes, desks, lockers, cabinets, and the like Employees shall
have no expectation of pnvacy with regard to personal items stored in
such locations Contraband or other evidence of illegal conduct
discovered m such locations will be tumed over to appropnate law
enforcement agencies for possible cnmmal investigation or
prosecution
(4) Evidence of cnmmal conduct, other than positive test results obtamed
under this policy, will be turned over to appropnate law enforcement
agencies for mvestigation and prosecution By way of example only,
should a supervisor observe the distnbution of a controlled substance
by any employee, that evidence shall be tumed overt° the appropnate
police agency
(5)
All employees and new appointees shall participate in a drug -free
workplace training program as soon as practicable following adoption
of thts policy or upon commencement of employment This training
will address the specifics of ttus policy as well as drug and alcohol
abuse issues m the work place
6 11 Pohcy Reeardme Workplace Accommodation of Persons with Disabdrties
In conformity with the provisions of the Amencans with Disabilities Act, 42 U S C 1201
et seq , It is the policy of the City of Moab not to discrunmate against any qualified
mdividual with a disability on the basis of that person's disability with regard to job
application procedures, Ming, advancement, compensation, trauung, or discharge
(A) To the extent possible, all qualification standards, tests, job descnptrons, and
selection cntena shall be based upon necessary job functions The City reserves the nght 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 necessary to allow that person to perform essential job functions These
accommodations may mclude, but are not hmtted to, reasonable alterations in facilities, job
restructuring, changes in work schedules, acquisition of adaptive tools or devices,
transportation assistance, interpretive assistance, or the like
(C) All employees and applicants for 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
02/07/00 35
city of Moab
Personnel Policies and Procedures M.nual
apphcable generally to all other persons who do not illegally use controlled substances or
who are not alcoholics, regardless of whether any conduct or performance is related to the
drug use or alcoholism of the person
ARTICLE VII - EMPLOYMENT PRACTICES
7.1 Anti -Nepotism Pohcy
It is the policy of the City to comply with state law regarding nepotism, U C A 52-3-1 et
seq , as follows
(A) No public officer may employ, appomt, or vote for or recommend the
appomtment of a relative m or to any position or employment, when the salary, wages, pay,
or compensation of the appomtee will be paid from public funds and the appomtee will be
duectly supervised by a relative, except as follows
(1) the appomtee 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 or regulations or ment
system laws or regulations,
(2) the appomtee will be compensated from funds designated for
vocational training,
(3) the appomtee will be employed for a penod of 12 weeks or less,
(4) the appomtee is a volunteer as defined by the employing entity,
(5) the appomtee is the only person available, qualified, or ehgible for the
position, or
(6) the chief admuustrative officer determines that the public officer is
the only person available or best qualified to perform supervisory
fimcuons for the appointee
(B) No public officer may directly supervise an appointee who is a relative when
the salary, wages, pay, or compensation of the relative will be paid from pubhc funds, except
as follows
(1) the relative was appointed or employed before the public officer
assume his position, if the relative's appomtment did not violate the
provisions of tlus chapter m effect at the time of his appointment,
(2) the appomtee is eligible or qualified to be employed by a department
02/01/00 36
City of Moab
Pe nnel Pofides and Procedures M: la,
or agency of the state or a political subdivision of the state as a result
of his compliance with civil service laws or regulations, or ment
system laws or regulations,
(3) the appomtee will be compensated from funds designated for
vocational tramutg,
(4) the appointee will be employed for a penod of 12 weeks or less,
(5) the appointee is a volunteer as defined by the employing entity,the
appointee is the only person available, qualified, or eligible for the
position,
(6) the chief admimstrative officer determines that the public officer is
the only person available or best qualified to perform supervisory
functions for the appointee
(C) No appomtee may accept or retam employment if he is paid from public
fiords, and he is tinder the clued supervision of a relahve, except as follows
(1)
the relative was appointed or employed before the public officer
assumed his position, if the relative's appomtment did not violate the
provisions of this chapter m effect at the time of his appomtment,
(2) the appomtee was or 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 lus compliance with civil service laws or
regulations, or went system laws or regulations,
(3) the appomtee is the only person available, qualified, or eligible for the
position,
(4) the appointee is compensated from funds designated for vocational
fig.
(5) the appomtee is employed for a penod of 12 weeks or less,
(6) the appointee is a volunteer as defined by the employmg entity, or
(7) the chief admimstrahve officer has determined that the appointee's
relative is the only person available or qualified to supervise the
appointee
7.2 City Manager
The City Manager shall be responsible for the admuustration of personnel policies, and the
07/07/00 37
City of Moab
Personnel Policies and Procedures Manual
promtugatron or auuutional rules and policies, which may be adopted, amended or rescinded
from time to time. He or she shall serve as Personnel Officer and as the Equal Employment
Opportunity Officer.
73 Personnel Officer
As Personnel Officer, the City Manager shall:
(A)
(B)
Recruit candidates for vacancies for City employment
Conduct orientation sessions for new employees, at which time they will be
briefed on the employment benefits to which they are entitled and given an
explanation of the personnel rules and regulations.
(C) Periodically review and recommend changes in employee benefits.
(D) Assist supervisors and managers in handling any problems that may arise
with respect to employee benefits, including insurance claims and retirement
benefits, and provide current information on employee benefits upon request
(E) Monitor recruiting and employment practices for compliance with Equal
Employment Opportunity policies.
(F)
(G)
(H)
(I)
Momwr me grievance system.
Collect information for salary surveys.
Periodically update the classification plan.
Keep those records that are required by state and federal law and modem
personnel practices.
7.4 Department Heads
Department heads are responsible for departmental administration of personnel policies and
practices. This may include such rules as drafted by the respective departments for their
operations.
7.5 Filling Vacancies in the Classified Service
(A) The City has a policy called "upward mobility," which means that qualified
classified and part -tune employees, exclusive of temporary or seasonal employees, m the
service of the City may be promoted in preference to the hiring of persons recruited
elsewhere. Vacancies in the classified service will be announced to classified and permanent
02/07/00 30
Gty of Moab
noel Policies and Procedures Ma
part-time employees before outside recruiting is commenced. Employees are advised that
regardless of the preference granad rmder the upward mobility policy, employment offers
wi"11 be extended to the person who, in the judgment of the appomting authority, is best
qualified for the position.
(B) Ifa classified position is not filled by internal recruiting, it will be advertised
through the newspapers and media, employee bulletin boards, professional and trade
journals, State Department of Workforce Services Office, and others as applicable
(C) Qualified applicants for positions may be placed on an eligibility hst for a
period of not more than six (6) months, and such list may be used in conjunction with other
recruiting procedures at the discretion of the deportment head. Placement on the ehghbihty
hst shall in no way entitle an applicant to automatic appointment to any position.
(D) Former employees wrho left in good standing and with a good service record,
and who apply forposttions, may be given preference over other apphcants not employed by
the City, if the requirements for the position are met
7_6 Procedures for Mine Vacancies
(A) The basis for selecting candidates for appointment and promotion in the
classified service will be without in accordance with the Equal Employment Opportumty
Policy_
(B) When aposition opens in a department or a need arises to create a temporary
position, the department head shall submit a request to the personnel officer Mmimum
qualifications of education and experience shall be outlined for temporary positrons
(C) The personnel officer shall post the opening where all city employees will be
made aware of the opportrmity for promotion. A reasonable time after the completion of the
internal posting, and providing that the position is not filled by promotion, the personnel
officer shall comply with recruiting per section 7.6(13)of these rules
(D) Application Apphcsmts are required to complete an application and/or submit
a resume when applying for appointment The application form shall be used for the purpose
of „t 1,7mg only that information which is related to the apphcant's mutability 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. These criteria will be administered equally to all
applicants
(F) Screening The deportment will screen applications to create a list of
applicants to be interviewed The application screening will take into consideration job-
m/or/no 39
City of Moab
Personnel JroGaes and Procedures 11.1iinual
related eaten_ All new applicants may be merged with any existing eligibility list for the
screemng piss
(G) Rating A selection committee chosen by the department will mteavrew the
applicants placed on the mte view list by the department members Theselection conmuttee
will use a consistent method of ratmgtbe appheamts in the intervrewprocess After rating all
the applicants, the selection committeeman submit alist ofthe top three (3) applicants to the
department head_
(F) Selection. The department bad will make a selection from among the top
three (3) applicants submitted by the selection commritee If the department head rejects all
Three candidates on the list, then the positron may be re -opened and new applications maybe
accePted-
(n Appointment. The department head will notify, m wntmg, the personnel
officer .oafs/her selection. The apphcant and department had will mutually agree upon an
employment starting dame
(1) Eligibility List. Nothing in these rules shall prolubit the City from using a
State of Utah ehgi"bilrty list applicable for the posmoii that the vacancy is m The City may,
as it deems necessary, conduct any selection procedures for the purpose of establishing or
updatmg an eligibility list
7.7 Appomuneat of Classified Employees
(A) , An -appointment to the classified service of the City is an appointment to a
full-time position for acne term unless otherwise specified Indic appointing action.
(B) - Pm -Amnon: All appointees to the classified service must serve a probationary
penod, which is for the purpose of observing the employee's ability, work habits and fitness
for employment m the posmon. During the probationary penod the employee is entitled to
no expectation of contuwed employment. The normal penod of probation is six (6) months
for regular classified employees and one (1) year for commi_ssaoned police officers A
probationary employee may be termmated at any time during the penod ofprobation, with or
without cause
(C) All classed employees transfeaed, promoted or demoted shall be subject to
the probationary period in the new position unless the department head waive:Me probation
penod. An employee whose service in a prarticula class is terminated chumg the promotional
probationary period followmg a promohonal appointment, or whose appointment at the
conclusion then:ofrs not made permanent, will be reinstated to his/her previous position or a
similar classification and pay grade for winch the employee is qualified, provided a position
x acancy exists
02/07/00 40
City of Moab
Pa amid Policies and Procedures M._ _.ral
(D) Employee benefits: Classified employees shall be entitled to employee
benefits provided by the City_ Vacation, silk leave and eligibility for retirement benefits
begin accruing at the date of employment
73 Temporary Appoinba at
(A) Temporary appointments may be made when it is in the City's best interest_
(B) Duration: Temporary appoinonaoswill befor alimited period oftime,which
will be specked attlte time the position is filled. No appointment will be for longer than the
balance of the fiscal year, exuxpt for seasonal appoiaaaeats-
(C) Benefits_ Temporary appointees will not receive employee benefits except
those required by laws or otherwise specified in these rules.
(D) Temporary appointees are entitled to no expectation of employment for any
fixed duration, remudless ofthe length oftime specified at the time ofappoininment, and may
be tamed at any time, with or without cause
(E) PemanentFu l-timeemployeeswhotaketemporarypositionsarsentirtledto
receive benefits accruable under limit- full-time stars and will be pamitted to ram to their
previous position at the end of the temporary appointment.
7.9 Emergence Appointment
Emergency appointments may be made by the appropriate appointing authonty without
regard to the rules governing other appointments, in the event of an emergency which may
result in the loss of public property or danger or serious inconvenience to the public, or any
circumstance which may be armory to the interest of the general pubhc health, safety, or
welfare.
7.10 Part-timie Employees
A part-time employee is any employee filling a position budgeted for thuty 00) or fewer
hours per week, but not to exceed 1560 hours total in a payroll Year This includes
employees who work on -call or in reserve programs maintained by certain departments.
Such employees are compensated only for actual hours worked and are not ehgrble for any
benefits of employment except those required by law or otherwise provided in these rules
(A) Use: Pact -time appointments on a continuing, seasonal, or temporary basis
shall be made when it is in the City"s best interest to employ persons less than the regularly
scheduled number of bolas per day, days per week, weeks per month, or months per year
(B) Pay: All part-time employees hired to work on a regular basis by the City
shall be paid on an hourly basis_ Starting salary and pay advancement within the respective
or/moo 41
CrWed Moab
Personnel Policies and Procedures manual
category shall be seeommended by the deportment head and approved by the City Manager.
(C) Pat -time employees shall be>teaumed and hued through the same practices
amdpeooed uesused inreanitmentaodhiringofdass6edemplopiestotheenentpratical.
7.11 CiMriintian
All Ctitay posininie are enplaned an a set of factors (e.g., job knowkidge, supervisory
tesponsabolity, accountability and working cormmioas) from which each is assgmed a relative
mebitionshOp to all ether Cry positions. The position is then assigned a Made to which a
saris salary range is assigned and inhaled on a salary plan. All classified employees
receive compensation acceding to the damificat ion of the position for which they are hied
Most employee will be hitod at the minimum steep of the plan and drey may progress
throognhesalary range aepedormaooeamdiimewaaadlsuch advancement. Appoint
may be at a step higher thin the minimum if approved by the Goy Manager.
7.12 Ited.:tication
Should ohe duties and taponabrli ties of a classified position charge dandy, the
department head shall submit a request forte-elassi6eat4on. The personnel oldud them
perform an analysis of the position and mate recommendations to the Coy Council, who
droll tent r afraid decisioa.
if a circumstance should ame requiring the abolition of a certain position or positrons the
Coy cannot guarantee job sunnily to employees affected by the action. Where practical,
based upon fiscal considerations,, employee lengthofservvce, and amployeepafoonance, the
City mpg=
(A) transfer theemployeetoasuitableopen poaisionfor which hd/sheis
(Et) promote the employee in accordance vigil dime polieie% or
(C) terminase the employee.
7.13 Grievance d'Teaperary and Part-time Employees
Teemporary,xmis:rat,and part-tireemployeesmaysubmitgrievaonestothepamper
pinsarant to phew rules and regulations. (See Article DX - Grievances) In mo cave shall the
gAievamme be available to a temporary, seasonal, or >pmtt-name employee for the
perm off ens este g a won of
M201107101)
4z
i
Citjieirnacsalm
IPerseeratil'Ames antiIfironstimpes=anima
7 47 Itatluetion an Fance
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needsdolbeaaefluefion m-d'orce,thelResfonell»fficersdhillllayrof'dhemecessatymu ittermf
olassifieclormthei.m9ployeesaccordhngtoRheaffeutedmlass( Paltdem nsiilarmplengthof
sorviee and capployse petfoimance, and an monaurrenee .wIth the dmammem liead,(s))
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Unless olherwaseVerafittl,ancral*YetAlousdale ludoff mint aitlleastffo os=
CI21)diayemonce pnordothetelfeeliNsdliteofllay:i7%a4antemployaemscenangam/matter
will lbe sxoused Exam the mcRice aeguin ments aglical51 0 azasigntattm an good standing
Employees =called tto semaee twill kbe given fourteen ((QA days an tvv m& do =port lbadk do
%work if a 'recalled temployee man mat =port batik do \walk wathin that time pentad, the
position (nay the opened do outside aennutment
718 Vasnaiar
ARransferusdenied asamiovcff nnmone department do another, andsshouldannlbe(confusetl
.with the imanagmeul ffimation Of moving personnel from one dhu,c)on ma office Ro another
.I,Vxthmdheaamedepartment lbypmmation,(demotion,ccu=assignment lsansfeismaustlbe
mleared wtthdhedepartmentlheadsandthelpersonnelcofficer ARnnsfenangann iloyaeimu, t
,qualify for &e aal, do Audi the/She as dransfemng dransferrefl employee shill =tam all
accumulated sick and annual leave Employees Objecting Ro(transfer are (entitled doappeal
nights pursuant to the procedures defined an Station 7/2.2, tbdlow and /halidle 1LR oaf these
1pohcies
7 19 iteassiounent
1Ersployees Whoairs=assignedantilbepaidatAntsameanlaty4hatttheyaentsved Pmartto
(reassignment afsueh aalaty t ornoides wadi the aange cof'the cdlass do wluoh they are dumped
llfauchsaluryexceeds the ampamumofthesange far themlasstotWhidhtheyare (reassigned,
they shall (receive the anaxmtum for (the mlaas
730 Illnamobnn
Any cdlassified employeeaaeonangapromationShill start contheprabation■iryoranmimum
stepoftthe.sala ymangeof themlassdo uthiohthe/dheasypromoted,cn tleotsthatailanyasequiltto
orlower than thislherfuesentmeaty Reuel llfthesilugylevel ofthetpositionpromoted do as
egualtoorllowarthanthis/herpresentsahuylleudl,the/Shealallaeceivethemextlhigherstepan
the grade toAuchlhe/shewaslpmmotedlEmilloyeesShall the eligible fonmentanareasetisas
elsewhere provided
c02iorroo
City of Moab
P innel Policies and Procedures ma..aai
7 21 Separation
Pursuant to U C A 10-3-1106 no classified employee shall be discharged or transferred to a
position of less remuneration because of lusher personal politics, religious beliefs, or as a
result of changes m City elected officers, the govemmg body, or heads of departments
Classified employees serve for an indefinite duration, and may be discharged at any time ,for
causes which mclude, but are not limited to, curtailment or lack of funds, lack of work,
violations of state law, violations of City ordinances, violations of these personnel policies,
msubordmation, or the like Every classified employee that is discharged may seek an
admrmstrative appeal of that action, as provided under Article IX of these policies
7 22 Resignation
To resign in good standing, every employee must give the department head at least fourteen
(14) calendar days pnor notice, unless the department head, because of extenuating
circumstances, agrees to permit a shorter notice penod A wntten resignation shall ibe
submitted to the department head, giving the reasons for leaving Failure to give the required
notice may be entered m the employee's service record and may be cause for denial of future
employment with the City When no notice is given, the employee will be paid through the
last day worked
7 23 Retireme
Employees may retire from service by complying with the conditions of the retirement
system
7 24 Statutory Appointees
Statutory Appointees are City employees appomted by the Mayor and confirmed by action of
the Governing Body, mcludmg the Recorder, Treasurer, Public Works Director, and Police
Cluef Statutory appomtees, also descnbed 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
gnevance and discharge procedures deftned 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 serve 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 majonty
vote of the Governing Body All statutory appointees are subject to removal following any
mayoral electron, 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
(B) The work performance of statutory appointees shall be reviewed periodically
02/07/00 45
City of Moab
Personnel Policies and Procedures Mi.. alai
by the City Manager, who shall confer with each such appointee with regard to City policies,
procedures, and management objectives The City Manager may institute ment pay
increases from tune to time where warranted by the appomtee's work performance The City
Manager shall also report to the Mayor and the Govenmg Body and make recommendations
concemmg any disciplinary or personnel actions applicable to statutory appomtees
(C) Duscuphnary authonty over statutory appomtees is vested solely in the action
of the Mayor and the Govemmmg Body, which may take any disciplinary action deemed
appropnate, mcludmg a wntten or oral repnmand, suspension, demotion, or termination
7.25 Severance Policy - Statutory Appointees
(A) Statutory appomtees who lose re-appomtment or are otherwise terminated
without cause shall be entitled to severance pay pursuant to the following schedule
Years of Service Benefit
less than one year no benefit,
one to four years two weeks,
four to six years four weeks,
more than six years six weeks
(B) Benefits accrue as of the anniversary of the employee's appomtment and m no
Instance shall there be any pro -ration of benefits to include any length of service during any
year or faction of a year, other than as expressly set forth above
(C) Appomtees who resign their employment or are telmmated for cause shall not
be eligible for severance pursuant to this resolution
(D) Benefits shall be calculated based upon the appomtee's gross rate of pay as of
the date of tetmmatmon
(E) Appomtees subject to this section shall additionally be entitled to receive
employee health msunnce benefits, to the extent paid by the City during the appomtee's
employment, for a penod of tune calculated by the same formula established in tlus Section,
for a penod not to exceed six weeks
(F) Nothmg m this Section shall be construed to alter or repeal the "at -will" status
of all statutory appointees, who shall contmue to serve at the pleasure of the Mayor and the
Governing Body
02/07/00 46
City of Moab
Pe nnel Polides and Procedures Ma....ial
ARTICLE VIII - DISCIPLDIARY PROCEDURES
=.1 Causes for Disciplinary Action
It is the responsibility of all employees to observe regulations necessary for the proper
operation of City government functions Admimshative procedures have been established
for the handhng of disciplinary measures such as reprimand, suspension, demotion, and
discharge Regardless of the particular class of employee, or the disciplinary procedures
applicable to that employee, causes for disciplinary action shall include, but are not hmited to
those hsted below
(A) Insubordmation or refusal to comply with a lawful instruction
(B)
Conviction of a misdemeanor or felony while an employee of
the City
(C) Indulging m offensive, mappropnate, or demeaning conduct or usmg
offensive language towards the pubhc, m pubhc, or towards City officers or employees
(D) Dehberate or careless conduct endangermg the safety of the employee, other
employees, or the pubhc
(E) Inducmg or attempting to induce any employee m the service of the City to
commit an unlawful act m violation of state or federal law, City regulations, official policy,
or departmental ordcrs
(F) Usmg, threatening, or attempting to use personal or political mfluence m an
effort to secure special consideration as a City employee or for the benefit of the employee's
immediate family or friends
(G) Incompetency and mefficiency in the performance of job duties
(F) Carelessness or negligence with City monies or property
(I) Theft, intentional destruction of, or negligent damage to City property
(n Intentional falsification of personnel records, time reports, or other City
records
(K) Bemg under the influence of alcohol, controlled substances, or other
intoxicants while on duty
(L) Sleeping on duty except as provided for in official City regulations
(M) Dishonesty or deceit m the performance of job duties or while on duty
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(N) Hatassment, intimidation, threats, or discnmmation against other employees
or members of the public on the basis ofthat person's age, sac, race, religion, color, national
origin, or handicap
(0) Senous or repeated violation of the other pohaes contained m this manual
(P) Absence without leave, abusing lave, or failing to appear for regular work
shifts.
(Q) Excessive absenteeism and/or tardiness
(R) Horseplay and related activity creating a safety hazard
(S) Violating a safety rule or regulation.
(f) Failure to report for work without proper notifificanon to the supervisor
(0) Inattentiveness to work, shoddy work, falmg to start work at the designated
time, quitting work early without authorization, or lavmg work premises without
authorization from the supervisor.
(V) Vending, soliciting, or collecting contributions during work hours without
authorization, or engaging in outside work during work hours
NOTE- For violation of any of the precedmg, the employee will be subject to immediate
discharge or other disciplinary action.
32 Verbal Warning
Whenever grormds for disciplinary action exist, and the supervisor determmes that more
severe action is not immediately necessary, the supervisor should verbally communicate to
the employee the supervisofs observation of the deficiency demonstrated at the time of the
action, and documentation made of the reprimand placed in his personnel file Whenever
possible, sufficient time for improvement should precede formal disciplinary action
33 Written Reprimand
A department head and/or approved supervisor may reprimand an employee for cause Such
reprimand shall be in writing and be addressed to the employee A signed copy shall be
delivered to the recorder for inclusion in the employee's personnel file Written repnmands
will be purged from an employee's file at the end of two (2) years
City of Moab
Pe ,nnel Policies and Procedures Mar..sal
SA Written Reprinaads - Widths One Year
If an employee receives three (3) written reprimands (for the same or different offenses)
within a period of twelve (12) consecutive months, the employer may, at the time of
issuance of the third such notice, be discharged.
11.5 Suspension
A department head, with the eoncunence of the City Manager, may suspend without pay an
employee for up to, but not exceeding, fifteen (15) calendar days, as discipline for cause, per
offense. On or before the effective dame of the suspension, the City Manager and the
employer shall be furnished with a written copy ofthe statement, setting forth reasons for 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 She approval adz City Manager.
f 6 Demotions
A depantme t head may, with the approval of the City Manager, demote or induce in salary
any classified employee in die department for eidier the good of the service or for a
disciplinary measure for cause. A classified employee, with the exception ofan employee on
probationary status, shall have the right to appeal such action.
11.7 Disdiarae
A department head may, with the concurrence ofthe City Manager, discharge any employee
in the department by delivering awritten notice of the reasons for discharge to the employee
concerned. Before any employee, exclusive of temporary employees, probationary
employees, and emergency employees, is dischmged, the employee shall be given an
opportunity to respond to the charges or other reasons for discharge Any such pre-
ttiminaiion meeting shall be conducted informally with the supervisor, the employee, and the
City Manager in attendance
LS Grievance - Med to Appeal
Unless otherwise stated in these riles, classified employees subject to disciplinaiy action
under die provisions of these rules and regulations shall have the right to appeal and may file
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.
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ARTICLE IX - GRIEVANCES
91 P9
The most effective .accomplishment of City busmess requires prompt consideration and
equitable .adjustment of employee grievances It -is the desire of the City to address
grievances informally, and both supervisors and employees are expected to make every effort
to resolve problems as they anse However, it is recognized that there will be gievanees that
will be resolved only after a formal appeal and review Accordmgly, the following
procedures are established
9.2 Jurisdiction
The City may hear gnevances on workmg conditions, pay, City and departmental rules and
regulations, terms and conditions of employment, issues of alleged discrimination,
disciplinary actions and such other issues as they deem appropriate Gnevance procedures
shall not in any case be available for review of the terrnmano. n of an employee
93 Grievance Procedure
Gevances shall be processed in the followmg manner
(A) The aggrieved classified employee, temporary employees, or parr tune
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 denve
satisfaction from conversations with the supervisor, or it the supervisor is the source ofthe
grievance, the employee shall file the grievance in writing with the next highest supervisor in
charge, or with the City Manager, who shall attempt an informal resolution The wntten
gnevance shall be filed withm five (5) workmg days of either the event giving nse to the
grievance, or the date of unsuccessful resolution with the supervisor Failure to file a
gnevance withm the tune provided shall result m the gnevance bemg barred, unless the filmg
deadlme is extended by agreement per Section 9 4
($) The supervisor receiving a written grievance will document the action he (or
she has taken and attempt to resolve the issue to the extent he or she deems advisable and to
the limit that he or she possesses the authonty The supervisor should notify the employee
the decision within five (5) working days of receipt of the gnevance
(C) If the grievance is not resolved at the previous level, the written grievance
will be referred up the sham of command to the next higher supervisor and/or department
head Any and all supervisors and/or department heads will attempt to resolve the problem
and are obligated to lend their assistance in an attempt to brmgaboutpromptand satisfactory
settlement of the grievance All supervisors and/or department heads should address the
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the gnevance within five (5) working days of receipt
(D) If all attempts have failed to settle the gnevance, it shall be submitted to the
City Manager for consideration The City Manager shall render a wntten decision to the
employee, affected supervisors and department heads, and the City Manager within five (5)
days of receipt of the grievance
(E) Ifthe City Manager fails to settle the gnevance, the aggneved employee shall
have the nght to present his/her grievance to the Employee Appeal Board The appeal shall
be taken by filing wntten notice of the appeal withm five (5) days after the decision of the
City Manager Failure to timely request an appeal shall result m the waiver of all further
appeal nghts
(F) The Employee Appeal Board shall schedule a hearmg with the party(ies)
withm fifteen (15) days after the receipt of the gnevance The Board shall render a wntten
decision to the employee, affected supervisors and department heads, and the City Manager
as soon as possible followmg the hearmg
(G) The employee may appeal the decision of the Employee Appeal Board to the
City Council Request for' such appeal must be submitted to the Recorder within five (5)
days after receipt of the wntten decision of the Employee Appeal Board Failure to timely
request an appeal shall result m the waiver of all further appeal nghts Such appeal shall be
heard within fifteen (15) days after receipt of the wntten appeal request The City Council
shall render a decision to the employee, affected supervisors, department heads, personnel
officer and the City Manager within five (5) days after the conclusion of the hearing The
decision of the City Council will be final
9.4 Extension of Time
Mandatory time limits at any step of the grievance procedure may be extended only by
mutual agreement between the City Manager and the employee
9 5 Settlement
Any gnevance not initiated or taken to the next step within the time lmut set out in this
article shall be considered settled on the basis of the last answer by the supervisor,
department head or personnel officer Any decision rendered by City Council shall be final
and bmdutg
9 6 Appeal Procedure for Ducliaree or Transfer
(A) In all cases where any classified employee is discharged or transferred from
one position to another for any reason, and the employee believes the discharge or transfer
was done m violation of applicable law, he or she shall have the nght to appeal the discharge
or transfer to a board to be known as the Employee Appeal Board wluch shall consist of five
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members, three of whom shall be chosen by and from the appointive officers and employees,
and two of whom shall be members of the governing body
(B) The appal shall be taken by filmg wntten notice of the appeal with the
Recorder within ten (10) days after the discharge or transfer Upon the filing of the 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 mvestigation, take and receive evidence and fully hear and determine the
matter that relates to the cause for the discharge or transfer
(C) The employee shall be entailed to appear ui person and to bt represented by
counsel, to have a public heanng, to confront the witnesses whose testimony is to be
considered, and to examine the evidence to be considered by the Employee Appeal Board
At 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 mtegnty of the proceedings
and shall not collect evidence, confer with witnesses or parties, or otherwise attempt to
gather evidence outside of the official hearmg process
(E) At the appeal hearmg, the sole issues for consideration by the Board are the
following
(1) whether the act, omission, or reason given for termination or transfer
occurred,
(2) whether the act, omission, or reason for termination or transfer is
specified by state 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 behef, or incident to or through changes in the elective
officers, composition of the govemmg body, or heads of departments
(F) In the event the Board upholds the discharge or transfer, the officer or
employee may have fourteen (14) days thereafter to appeal to the governing body, whose
decision shall be final Upon a majonty vote of the governing body the discharge or transfer
may be sustained or revered 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 date the matter is referred
to it In the event the Board overturns the discharge it may, in its decision, provide that an
employee shall receive tits salary for the penod of tune during which he is discharged, or any
deficiency m salary for the penod he was transferred to a position of less remuneration but
not to exceed a fifteen (15) day penod In no case shall the appointive officer or employee
be discharged or transferred, where an appeal is taken, except upon s concurrence of at least
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a majonty of the membership of the governing body of the municipality
(H) In the event that the Employee Appeal Board does not uphold the discharge or
transfer, the Recorder shall certify the decision to the employee affected, and also to the head
of the department from whose order the appeal was taken The employee shall be paid his
salary, commencing with the next working day following the certification by the Recorder of
the Employee Appeal Board's decision, provided that the employee or officer concemed
reports for his assigned duties durmg that next working day
(I) The method and manner of choosing the members of the Employee Appeal
Board, and the designation of their terms of office shall be prescnbed by the governing body
by ordinance, but the provisions for choosing the three members from the appointed offices
and employees shall in no way restrict a free selection of members by the appomtive officers
and employees of the municipality
ARTICLE X - MISCELLANEOUS PROVISIONS
101 Driver's License
All personnel who drive City equipment shall hold a valid State of Utah dnver's license, of
the appropnate classification, and have the same m their possession while operating such
equipment
10 2 Use of City Vehicles
City vehicles are for official use only and are never to be used for personal reasons City
vehicles may be dnven home at night only upon approval of the department head or City
Manager, except that police officers who have permission to take their velucle home may
transport their children to school on their way to the worksne No City employee is immune
to the City's traffic ordinances, tmless operating under emergency exemptions allowed by
such ordmances Employees who are on an on -call status and are assigned take-home
veiucles may use that vehicle for transportation purposes, within the City, while actually
engaged m on -call status No City vetucle is to be used for out-of-state travel without
advance approval of the department head and/or City Manager All City vehicles, except
authonzed unmarked police vehicles, shall bear the approved decal(s) identifymg them as
City of Moab vehicles
10.3 Accidents Involvint City Vehicles
In cases of accident mvolvmg City -owned velucles, the employee shall notify the appropnate
law enforcement agency and his/her supervisor as soon as possible Employees Involved m
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an accident with City -owned vehicles should not leave the scene of the accident until
released by the investigating officer/agency, nor should thry move the velucle until
authonud_ They should obtam the name and address of the involved parties and all
witnesses, and should not discuss the circumstances of the accident vath anyone except the
mvestigatmg officer/agency and authorized City personnel
10A Reimbursement for Travel Expenses
(A) The City will reimburse travel expenses on duly authorized trips on City
busmess for attendance at conventions, conferences or meetmgs
(B) Travel expenses must be mcluded m the annual budget for each department
anticipating travel, as part of the budget process Tnps that would cause the budgeted
amount 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 affidavits for expenditures shall be required for
(1) All commercial air, railway, bus or boat transportation
(2) All lodging and meals
(3) Repsu s or fuel for City velucles
(4) All extraordinary expenses, such as purchase of incidental supplies or
pubhcanons and registration fees
(D) Transportation costs If a commercial airline is used, tounst or economy fare
must be requested and used if available First class fare will be allowed only on the basis
that tounst or economy space was not available between specified points If railway or bus is
used, first class fare, plus necessary lower berth or roomette is allowable However, coach
facihhes, when considered reasonable and satisfactory accommodations, should be used
Personal vehicles may be used if adjudged economical or advantageous to the City When a
personal velucle is used for long trips, reimbursement for the vehicles used, meals and
lodgmg required en route shall not exceed the cost of tounst or economy airfare
Reimbursement for the use of a personal vehicle shall be at the rate adopted by City Council
(E) Subsistence costs Subsistence, wluch consists of meals (excludmgalcohohc
beverages) and lodgmg, is limited to actual costs A tabulation of total subsistence costs,
mcludmg those for winch no receipt is available, must be submitted on the Travel Expense
Report Form Employees should matte every attempt to limit expenditures for meals Any
meal expenditures deemed excessive by the City Manager may be denied for reimbursement
(F) Other costs Toll road charges, storage charges, rental tees, taxi charges and
other charges deemed appropnate may be reimbursed when incurred while on authonzed
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City business
(G) Telephone Calls The City will reimburse employees for one telephone call
home during out-of-town travel
10.5 Public Relations
The measure of city government is, to some extent, based on the effect and personal contact
of its employees It is expected that all employees will avoid conduct at work or elsewhere
that might cause embarrassment to, or criticism ofthe Qty. 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 mterest m the City and its government
Therefore, it is essential that the attitudes and actions of the employees, both on and off the
job, bring credit to the City
10 6 Attire and Appearance
All employees should dress appropriately for the workplace It is expected that employees
give attention to safety, modesty, cleanliness and professional appearance Individual city
departments may set standards for employees' atme and appearance
10.7 Manaeement-Employee Cooperation
Management and employees work towards the same goal That goal is to bnng effective and
economical municipal services to the citizens This can only be achieved by management -
employee cooperation. Management shall give due consideration to employee suggestions
concemmg methods of winch the effectiveness and economy of municipal services can be
improved
10.8 Rest Periods
Two (2) paid rest periods shall be authorized for each non-exempt employee durmg the
regular workday The rest periods shall be taken at a time or times specified by either the
supervisor or department head, and shall not exceed a penod of fifteen (15) minutes per rest
penod-
10.9 Misrepresentation of Information
When information is received, after an employee has been appointed, that such employee
misrepresented mformation on an application, resume, transcnpt, letter of reference, or
related documents, or that the employee orally misrepresented material facts concenung
hislher training, education, work history, or the like, the employee may be separated from
employment, regardless of the time at which the false or maccurate information is
discovered
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1010 Maintenance of Rules Manual
Classified employees will be issued copies of the City of Moab Personnel Policies and
Procedures Manual It is the employee's responsibility to read and know the contents of the
manual, and to see that all changes and additions received are added to his/her copy
10.11 Penodre Review of Rules
At least every three (3) years, these rules should be reviewed m total for overall application,
reasonableness and general suitability for the purpose for which they are mtended The
responsibility for the review is at the direction of City Council
10 12 Conflict witb Onimances and Laws
Nothmg in these rules shall be construed to require or permit any violation of the ordmances
of the City In the event of any conflict between any one or more of the provisions of these
rules and a City ordinance, the ordmance shall govern
10 13 Other Prohibited Activities
Employees of the City of Moab shall not
(A) Request or aid any person to violate any ordinance or any provision of law, or
to engage m conduct or activity m violation of any ordinance or law
(B) Have an interest in any contract with the City for the furmshmg of supphes,
materials, labor or services, except employee services, unless such interest is fully disclosed
to the City Administration and City Council pnor to award or negotiation of such contract
(C) Receive any compensation or gratuity from another person for services
rendered as a City employee
(D) Pay any compensation to another person for services rendered by such person
to the City
(E) Accept, solicit, or attempt to obtain any gift or property of a value of more
than twenty (20) dollars from any person domg City business with a municipal office or from
any person contracting with or furnishing supplies to the City Honorary certificates,
plaques, panted publications, educational materials, tuition and conference registration fees
are exempted from this rule
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(F) Disclose to any bidder on a municipal contract, pnor to the official opening of
bids, mformation concemmg the bid of another person, save and except the identity of
bidders
(G) Penalize or chsc mmate against another employee for tmhatmg, pursumg or
assisting the resolution of a vand gnevance, or intentionally thwart, defeat or avoid the
procedure established by these rules for the resolution of gnevances, or coerce, by
intimidation or otherwise, another person to file or withdraw any grievance
(H) Engage m any act, conduct or activity which discriminates, directly or
mduectly, agamst any person or class of persons on the basis or race, color, religion, sex,
national ongm, age, manta] or veteran status, or the presence of a medical condition or
disability
1014 Employee Cml Action Legal Defense, Indemnity
(A) Civil Actions Pursuant to U C A 63-30-36 et seq all employees that are
named as a defendant m a civil law suit ansmg out of an act or omission occumng during the
performance of employee duties, withm the scope of employment, or under color of
authonty are entitled to legal defense by the City at no cost to the employee, provided the
employee complies with the provisions of the law
(B) A request for mdemmty shall be made by the employee in wntmg within ten
days of the service of the summons, complamt, or other process on the employee, or such
longer period of time as will not prejudice the ability of the City or its msurance came to
defend the law suit
(C) Should an employee fail to timely request defense, or fall to cooperate in the
defense of the law suit the City may elect to withdraw from defense of the suit In that event
the employee will be solely responsible for the defense of the lawsuit, any costs of defense,
and any judgment or settlement that may result against the employee
(D) The City may decline to defend should it appear that the suit does not allege
conduct falhng within the course and scope of employment Alternately, the City may
defend subject to a reservation of its nghts, which means that it may defend pending a
der matron 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 from the law suit In that case the employee will be
responsible for payment
(E) Employees are advised that under state law, suits denved from an employee
dnvmg under the influence of alcohol or drugs, or suits m wluch the employee engages m
mtentional misconduct, fraud, or malicious acts are not subject to defense or indemnity by
the City
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(F) The City shall pay any judgment or settlement against an employee where it
undertakes defense and that defense is not subject to a reservation of nghts
1015 Employee Cnmmat Action Legal Defense Costs
(A) Cnmmal Actions Pursuant to U C A 63-30a-2, as amended, all employees
that are named a defendant in a cnmmal 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 authonty Employees that are prosecuted for
these acts must retam and pay for their own legal counsel If the charge is based upon acts or
omissions occumng during the performance of official duties, within the scope of
employment, or under color of authonty, and the prosecution is dismissed on motion of the
defense, results m a judgment of acquittal, or if an mformation is quashed, the employee may
recover from the City reasonable attomey fees and court costs necessarily incurred m the
matter 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
(B) If an employee is acquitted of some of the charges but convicted on others,
the employee shall be entitled to reimbursement for that portion of his reasonable defense
costs necessanly incurred which are attnbuted to the defense of the counts that were
dismissed or for which the employee was acquitted, except that if the underlymg conduct is
substantially the same for both the counts resultmg m conviction and the counts that are
dismissed there is no nght of reimbursement at all
(C) It is the pohcy of the City to retmburse employees for 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 the
City will carefully scrutinize legal bills based upon the senousness of the charge, the time
necessary to prepare for trial, whether or not the case went to tnal, the extent of pre-tnal
motions and hearings, the reasonableness of the attomey's hourly rate, and related factors In
no mstance will the City reimburse for attomey fees m excess of $150 00 per hour, unless the
rate is approved by action of the City Council m advance If the City declines to reimburse,
or should it reimburse only m part, the employee will be solely responsible for payment of
any remainder The City will not reimburse for mterest on unpaid attorney fee accounts
ARTICLE XI — DEFINITIONS
11 1 In General
Terms in common usage and words defined m ordinances, rules and regulations shall have
the meaning thereby defined
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11.2 Classification
The assignment of an mdividual position to an appropnate class on the basis of the N.md,
difficulty and responsibility of die work being performed m that position
113 Appointin= Authority
The City Manager or his designated representative
11.4 City Manager
The chief administrative officer, or a person designated or appomted by the City Council
and/or City Manager to act as City Manager m the City Manager's absence
11.5 Class of Positions
A group of positions sufficiently alike in duties, authonty and responsibility that the same
may be designated by a common title and equitably compensated from the same range of pay
under substantially the same employment conditions
11.6 Class Specifications
The written description of a class of positrons, including the title, a statement of the nature of
the work, examples of duties and responsibihties, and the regmtements necessary or
desirable for satisfactory performance of the duties of positrons m the class
11.7 Classified Employee
A full time, non -probationary, employee holding a classified service position who is entitled
to benefits and the limitations on discharge described m state law Classified employees
shall be regarded as "appomuve officers and employees of a mumrcipahty" for purposes of
state law
11.8 Classified Sernce
The classified service consists of the regular full-time employees of the City, except the City
Manager, statutory appomtees, elected officials, contractors, statutory employees, and
members of pohcy, advisory, review and appeal boards, or similar bodies
11.9 Classification Title
The title assigned to any particular class, used for reference thereto
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11.10 Clarification Plan
A plan used by the City for the orderly arrangement of positions in the City service
1111 Contractor
A person not employed by the City who contracts to perform or furnish services, matenals or
anythmg of value
11.12 Day
For the purpose of computing time, a penod of less than seven days refers to working days,
and a penod of seven days or more refers to calendar days
11.13 Demotion
A change in appoutment status to a positron of less responsibility, lower classification or
lower salary Demotion shall not be mfernul from reclassification, reassignment, transfer, or
as the incident of any personnel action taken for another purpose
11.14 Department Had
The duector of a department, or, m the case of an office, agency or activity not within an
established department, the person authonzed 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 duector m the absence of the department head
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 effective unless expressly disapproved by the City Council
11 16 Eligibility List
A list of employees or persons who have been determined to have met the qualifications for
appointment to a position or class of positrons
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11.17 Employee
A person perfomung labor or providing services to the city in exchange for pay and whose
work is subject to the direction, supervision, and control by other supervismg employees or
the Govermng Body of the City of Moab Employees do not include independent contractors
performmg services or labor pursuant to a written contract.
11.1E Employee, Contractual
Contractual employees are persons who hold employment with the City under a wntten
contract of not less than one year
11.19 Employee. Exempt
An employee who is exempt from the collection of overtime pay or compensatory tune -off
for time worked m excess of his/her normally scheduled work time Positions covered by
tlus designation include the City Manager, City Recorder, Treasurer, Public Works Director,
and Chief of Police
1120 Employee, Full Time
An employee who may or may not be m the classified service and who works at least 32
hours per week and who accrues benefits under these rules in accordance with that number of
hours of weekly employment
11.21 Employee, Part-time
An employee who is not m the classified service who works less than 32 hours per week and
who is not entitled to employment benefits except as otherwise provided m these rules
1122 Employee, Seasonal
A temporary employee, not m the classified service, who works durmg a defined penod of a
calendar year, not to exceed six months
1123 Employee. Temporary
A person appomted to a position of limited duration, not m the classified service, and not
entitled to employee benefits except as provided in these rules
11.24 Exammation
A test or tests —verbal, wntten or physical designed to assist m detennuung the qualifications
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of applicants for a particular position
1125 Gender
Use of the masculine term shall be deemed to include the femmme
1126 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, concemmg
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 hve pnmanly with the employee
11 29 Probation
A penod of time dunng which an employee's performance is continually reviewed and the
employee is expected to prove fitness for contmued employment
1130 Promotion
A change in the classification of an employee to a position of more responsibility and higher
salary
1131 Promotional Ezammation
An examination for positions in a particular class where admission is limited to employees
who meet the qualifications set forth m the announcement for the examination
1132 Range, Salary
The minimum and maximum rates of pay for a positron
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1133 Resignation
Voluntary separation from municipal service
1134 Shall and Will, May, Should, and Can
The terms "shall" and `will" are terms reginrmg mandatory action, "may" and "can" and
"should" are terns meamng that action is permissive and subject to the judgment of the
applicable official
1135 Statutory Appointee
An employee, not m the classified service, appointed by the Mayor with the consent of
the City Council Statutory appomtees mclude the City Recorder, Pubhc Works Director,
Treasurer, and Cluef of Police
1136 Supervisor
A person who exercises mdependent judgment and delegates administrative authonty m
supervising, directing and evaluating the work of employees and who may be responsible for
the dtscrplme of employees and the maintenance and certification of employee records
1137 Suspension
Temporary separation of an employee from duty, either with or without pay
1130 These Rules
A reference to all provisions of the City of Moab Personnel Rules and Regulations
1139 Vacancy, or Vacant Position
A position in the classified service that is not filled
11.40 Work Day
The penod between the beginning and end of the time scheduled for the work of an
employee withm a penod of 24 hours
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City of Moab
Palsonnel Policies and Procedures Ni_ .sual
11A1 Workin[ Day
A calendar day on which City offices are open for business, which is not a Saturday, Sunday
or a legal hohday In computing any penod of worlang days, the first day shall be excluded
and the last day included
11.42 Work Week
The work week begun Monday a.m., and ends on Sunday, p.m
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