HomeMy Public PortalAboutRES-CC-2016-33Resolution 33-2016
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 concerning hiring, promotion, pay, benefits, and discipline; and
WHEREAS, the Manual should be reviewed and revised on a periodic basis to ensure
compliance with employment laws and contemporary personnel management practices; and
WHEREAS, the Moab City Council has determined that the Manual should be revised; and
WHEREAS, the amendment to the City of Moab Personnel Policies and Procedures Manual has
been presented to this meeting 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, Attachment A — Pay for
Performance Score Scale, and Attachment B — Pay for Performance Compensation Management
Plan, 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
this 13t1i day of December, 2016.
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest:
Rachel E. Stenta
City Recorder
Resolution #33-2016
Page 1 of 1
Attachment A
Employee pay rate falls below
midpoint. Increases are
added to the Base Pay.
Employee pay rate falls at or
above midpoint. Increases are
added to the Base Pay.
Employee pay rate falls at or
above midpoint. Award treated as
a one time bonus.
COMMITTEE RECOMMENDATION
Pay For Performance
0.00%
Performance Score
3-3.25 3.26-3.5 3.51-3.75 3.76-4 4.1-4.25 4.26-4.5 >4.5
1.00%
0.00%
erformance Adjustment
1.00%
0.00%
1.00% 1.00% 1.00%
0.00% 3.00% 3.50%
1.00% 1.00%
4.00% 4.50%
Plus
Longevity Recognition
Now: As per existing policy.
Beginning in 2 years (January 2019) employees would only be eligible
for longevity pay if their performance score was a 3.0 or greater.
Attachment B
Moab City —
Pay for Performance
COMPENSATION MANAGEMENT
A. POLICY: Compensation for city employees shall be equitable and competitive with the market and
in accord with the city's ability to pay. The compensation plan and pay rates shall be recommended
by the City Manager/Personnel Officer, Human Resource Coordinator and/or Job Classification
Committee for approval by the Mayor and City Council.
B. GENERAL WAGE/SALARY ADJUSTMENTS: It is the intent of the city to consider prevailing
practices related to cost of living and market trends in establishing wages and salaries which
constitute the formal pay schedule. On all occasions the amount of the rate changes will ultimately
be based upon the anticipated affect(s) upon the city budget.
The Personnel Officer, based upon final Mayoral and Council approval and after a public hearing
process, will make final recommendations of any changes to the salary scale. Where general,
across-the-board adjustments are approved, the change will be effective on a date determined and
approved by the City Council. General adjustments are separate and distinct from performance
recognition bonuses and longevity increases. General adjustments may affect the pay scale only,
thus shifting the pay of all employees in relation to the midpoint.
1. COST -OF -LIVING VS. MARKET: Adjustments to the salary schedule may be determined
periodically through analysis of market trends in comparison to cost -of -living. This may be
done once per year and the city may utilize either market survey results or cost -of -living index
data (federal) or a combination of both. All employees, regardless of employment status.
except those being red circled (frozen), shall receive the benefits of such general COLA
adjustments to the pay plan.
2. In determining the total compensation value of the position. benefits must be considered. Base
salary plus cost of benefits constitutes total compensation. In comparing benefit packages
provided in the labor market, the city may evaluate both level and cost of benefits or other
factors as deemed appropriate.
C. HOURLY RATES: Temporary full time and all part time, seasonal and emergency employees shall
be paid at an hourly rate no higher than that which is established for the position classification.
D. INITIAL APPOINTMENT: All initial appointments to positions assigned to salary ranges on the
compensation plan shall normally be at the minimum rate of the salary range. Exceptions may be
allowed if: (1) an employee cannot be recruited for the position at the beginning rate, or (2) the
qualifications of the individual selected for the position exceed the minimum requirements and the
individual can be expected to perform at a level equal to that of other individuals currently being
paid at the same rate. In determining placement on the pay plan under exception two, a newly
hired employee may receive one percent for every year of directly related experience which
exceeds the number of years required to meet the minimum qualifications, except that initial
placement may not exceed 95% of the midpoint of the pay range.
Exceptions for Exempt initial appointments may be considered for approval by the Personnel
Officer by means of written justification showing extraordinary circumstances or unique market
challenges in filling Exempt positions.
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Current city employees who are awarded new jobs through the recruitment process, may receive
one percent for each year of directly related experience which exceeds the number of years
required to meet the minimum qualifications, except that initial placement may, exceed the midpoint
of the pay range if the employee has over five years of experience with the city. The Human
Resources Coordinator shall monitor recommended starting rates for compliance to policy and
must inform the Personnel Officer and Mayor and Council of appointments that are recommended
to be made at rates higher than the midpoint.
E. ORIENTATION PERIOD: All newly hired employees of the city are required to complete a six-
month orientation period. During the six month period the supervisor shall conduct a formal
performance appraisal. At the conclusion of this orientation period and being retained the
employee will be eligible for up to a three percent (3%) increase on the salary range, provided
he/she is retained as an employee and has satisfactory performance reviews from the immediate
supervisor or Department Head. Successful completion of the orientation period results in the
award of "regulars' status to the employee, part-time or fulltime.
F. PROMOTION ORIENTATION PERIOD: Upon being promoted to a position in a higher
classification (job track promotions), regular employees are assigned a review date not to exceed
six months from the date of promotion. On the date of promotion, the employee will be eligible for
an increase within the salary range. The employee shall retain the increase and the promotion,
provided he/she demonstrates the expected level of competence required to perform the higher -
level position and receives a satisfactory performance review from the immediate supervisor or
Department Head. The amount of the pay increase may exceed 5% if adjusting to the minimum
for the new pay range exceeds the 5% rule. If the promoted employee fails to perform satisfactorily,
termination could occur if there are no position vacancies.
G. PAY PROGRESSION: Progression through the various pay ranges within the salary and wage
scale shall be based upon the recommendation of the Department Head and Human Resource
Coordinator with final approval given by City Manager/Personnel Officer. In making
recommendations for pay progression, the Department Head shall consider compliance with city
policies and procedures, performance, level of competence and job knowledge.
1. MINIMUM TO MIDPOINT PROGRESSION: Upon completion of the orientation period and
receiving regular status with a pay adjustment, employees shall be assigned a new annual
performance review date by the Human Resources Coordinator. It is the objective of the city
that employees acquire job skills that are considered full performance level within their job
classification by the time they arrive at midpoint of the pay range of the job classification in
which they are hired to perform. It is the responsibility of the department head and immediate
supervisor to identify the essential skills, competence, and quality of work that will satisfy the
"full performance" requirement. "Full Performance" is generally achieved when the employee
can perform virtually all aspects of the position's essential functions without supervision and
with minimal errors. Employees, in conjunction with supervisors shall develop a performance
plan based upon achieving full performance competence. Full performance (or journey level
for trades and crafts) should be achievable in four to five years.
Therefore, employees who progress at a normal rate may be recommended for
increases in accordance with approved Pay Schedules for that position. At least four
weeks prior to the annual review date, the supervisor shall conduct a performance
review and prepare a written recommendation to the City Manager/Personnel Officer and
Human Resource Coordinator.
Initiation of a request to increase pay lies solely within the discretion of the Department Head
and is not a vested right of any employee. Such requests are normally considered annually in
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conjunction with the budget process, but may be considered more frequently for the exceptional
performer.
2. MIDPOINT TO MAXIMUM PROGRESSION: Compensation at the midpoint is considered
market competitive. In order to be considered for increases beyond the midpoint, the employee
must receive at least a standard rating on their annual performance evaluation.
Each employee who meets this requirement may receive increases in accordance with
approved Pay Schedules for that position, up to the maximum of the pay range. Upon achieving
the maximum, the employee shall still be eligible for any general increase or adjustment to the pay
plan (i.e., market, COLA, etc.) and for consideration for one-time performance incentives.
H. RECOGNITION/INCENTIVE AWARDS : In order to promote exceptional or outstanding services
and recognize those occasions where services are rendered, emergencies responded to, or
proficiencies demonstrated which are beyond the normal occurrence or expectation of the job; it is
the position of the city to reward such individual or group contributions. These awards shall be a
one-time recognition, in that they are not added to the regular or base pay of the recipient(s).
1. CRITERIA: Monetary and non -monetary awards may be given for:
a. Ways to increase office or operational efficiencies. If there is a process in the normal
routine of the work place that is time consuming, a waste of one's time, repetitive, or a burden
on the budget, there may be a means for improvement. This is a criterion where creative ideas
improve departmental efficiency or effectiveness or eliminate difficulties.
b. Exemplary performance on special projects. An employee may be given a special project.
A great deal of effort and research may go into the project. The project may benefit the
department or city in some way.
c. Exemplary performance on special group projects. A group of individuals may be given a
difficult task to perform. The team may work together to complete the difficult task in a timely
and effective manner that benefits the department, city or general public.
d. Cost Savings. An employee may suggest a procedure that will save costs to the department
or city. Similarly, an employee may suggest a procedure for generating revenue.
e. The exercise of leadership and/or initiative beyond that normally expected in the individuals
regular assignments. An employee may be required to meet unusual deadlines or perform in
emergency situations. An employee may demonstrate a willingness to accept and perform
new assignments on a short-term basis.
f. Performance which averts legal actions by or against the city.
g. Actions which bring favorable public or professional attention or recognition to the
department or city.
h. Independent research and analysis initiated by an employee resulting in a contribution to
the specific objectives or improved methods for delivering city services or conducting city
operations.
2. NOMINATION PROCESS:
a. Nominations may be made by any city employee, supervisor, manager, department head
or member of the public and must be delivered to the City Manager/Personnel Officer with a
copy to the Human Resources Coordinator.
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b. Effective January 1, 2017, incentive awards will be considered every six months. On a
calendar year cycle, nominations will be accepted during the fifth month in each six-month
period (May and November), with awards being made in June and December.
c. Nominations must involve a detailed description of the project or act and the nominated
employee's involvement in the act. It must also explain why the act is worthy of consideration
for an incentive award.
d. In order to consider eligibility for an award an Incentive Awards Committee shall be
established. The Incentive Awards Committee has the authority to research beyond the initial
description with the approval of the City Manager/Personnel Officer and/or Human Resource
Coordinator.
3. COMMITTEE ORGANIZATION:
a. The committee shall consist of one member from each city department; plus the Human
Resource Coordinator, who shall serve as committee chairperson. Representatives from each
department may be selected or appointed by any means chosen by the department head (i.e.,
departmental voting vs. mayoral or department head appointment).
b. Each member of the committee shall serve a period of six consecutive months. At the end
of each six-month period, a new committee shall be established, except that the Human
Resource Coordinator shall remain as the committee chair indefinitely.
c. The committee shall meet during the first two weeks of the sixth month in each incentive
period to review and consider the incentive award nominations. The committee shall determine
which nominations for incentive pay is worthy and make such recommendations to the city
council, including level and type of award.
d. If a member of the committee discovers that they have been nominated for an award, that
person must withdraw from the committee, and the department head must appoint a
replacement.
e. In order to be considered for a committee position, the employee must have been
employed at least three years by the city.
f. All votes for awards will be considered by majority vote.
4. ADMINISTRATIVE PROVISIONS:
a. The city must set aside annual award funds to be divided equally among the two award
periods.
b. When awarded, the City Manager/Personnel Officer shall make the announcement at a
predetermined event or time, specifying award amounts and statement of justification for each.
c. The committee shall provide a statement that describes the amount of the award as well
as justification for the award. This statement shall be placed in the employee's permanent
personnel file.
5. AWARD RESTRICTIONS:
a. The most recent performance evaluation must be at least standard in order for the
committee to consider a nomination.
4
b. A nomination that is not granted an award may be resubmitted for two consecutive
nomination periods.
c. Levels for cash awards will be approved annually as part of the pay plan .
d. More than one incentive award of different sizes may be given to the same employee,
providing that the performance qualifies.
e. Normally, no more than one incentive award may be given for the same or substantially
similar act.
f. Awards may be shared by a team of employees, provided all of the employees contribute
to the project or act.
g. Employees shall not be considered for an incentive award for performance that is routinely
expected for any duty or responsibility.
. RED CIRCLE RATE: This provision refers to the rate of pay for an employee whose pay falls above
the current maximum salary for the pay range to which assigned, reclassified or transferred. Such
employee(s) shall be placed on a salary freeze for a period not to exceed two (2) years and shall
not be eligible for any general adjustment (COLA) given during the same period of time. During
the two-year period, if the employee's rate of pay falls back within the assigned pay range, the
freeze shall be lifted. If at the end of two years, the employee's pay rate still falls above the
maximum of the pay range, that employee's pay rate shall be reduced to the maximum of the
assigned position.
J. RIGHT TO AGGREIVE: This compensation management plan is subject to the City's grievance
policy as outlined in Section IX of the Moab Personnel Policies and Procedures Manual.
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Formatted; Line spacing
CITY OF MOAB
Personnel Policies and Procedures
Manual
: 1.5 lines
City of Moab Personnel Policies and Procedures Manual
INTRODUCTION 1
i Mission Statement for the City of Moab 1
ii Purpose of Personnel Policies and Procedures 1
ARTICLE I - EQUAL EMPLOYMENT OPPORTUNITY POLICY 1
1.1 General Statement 1
1.2 Introduction 12
1.3 Dissemination of City Policy 2
1.4 Program Application and Responsibility 2
1.5 Recruitment and Selection 2
1.6 Training and Personnel Status Changes 23
1.7 Complaints 3
1.8 Sexual Harassment Policy 3
1.9 Disciplinary Policy 34
ARTICLE II - GENERAL RULES AND REGULATIONS 4
2.1 Purpose 4
2.2 Construction and Application of these Policies - Classes of Employees 4
ARTICLE III - SALARIES AND COMPENSATION 4
3.1 Pay Period 4
3.2 Work Week 4
3.3 Salary Policy 45
3.4 Step -Increment Pay Plan 5
3.5 Cost of Living Adjustments to Pay Rate Schedule 5
3.6 Exceptions to Basic Pay Plan 5
3.7 Longevity Pay 6
3.8 Overtime and Compensatory Time Off 6
3.9 On -Call Duty (Public Works) 78
3.10 Separation Pay 8
3.11 Severance Pay 8
3.12 Pay Advancements 89
ARTICLE IV - BENEFITS 89
4.1 Vacation 9
4.2 Vacation Scheduling 10
4.3 Sick Leave 10
4.4 Administration of Sick Leave 11
4.5 Abuses of Sick Leave 12
4.6 Compensation for Unused Sick Leave 12
4.7 Holidays 13
4.8 Worker's Compensation 13
4.9 Employee Pension Plan 1413
4.10 Social Security, O.A.S.I. 15
4.11 Uniforms 15
4.12 Health Insurance 15
4.13 Dental Insurance 15
4.14 Life Insurance 16
4.15 Training Programs 16
4.16 Education Programs and Assistance 16
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4.17 Use of Private Vehicle - Reimbursement Error! Bookmark not defined.
4.18 Insurance Protection 18
4.19 Fitness Benefit 18
4.20 Cell Phone Reimbursement 18
ARTICLE V - LEAVES AND ABSENCES 1819
5.1 Leave in General 181-9
5.2 Vacation and Sick Leave 18-1-9
5.3 Military Leave 19
5.4 Jury Leave 21
5.5 School Assistance Leave 212-2
5.6 Leave for Voting 2122
5.7 Medical or Dental Leave 212-2
5.8 Maternity Leave 22
5.9 Administrative Leave 2223
5.10 Family Medical Leave Act 2223
5.11 Leaves of Absence 24
5.12 Unauthorized Absences 2425
5.13 Failure to Return from Leave 242-5
ARTICLE VI - OCCUPATIONAL SAFETY AND HEALTH 2425
6.1 Intent and Purpose 2425
6.2 Responsibility for Workplace Safety 242-5
6.3 Inspection and Enforcement 25
6.4 Records 2526
6.5 Posting Emergency Aid 2526
6.6 Working Conditions 2526
6.7 Injury Reporting 26
6.8 Rules in General 26�
6.9 Smoke -Free Workplace Policy 2728
6.10 Drug and Alcohol Policy 2728
6.11 Background Check Policy 3436
6.12 Policy Regarding Workplace Accommodation of Persons with Disabilities 3537
6.13 Fitness for Duty Evaluations 3638
ARTICLE VII - EMPLOYMENT PRACTICES 3638
7.1 Anti -Nepotism Policy 3638
7.2 City Manager 3840
7.3 Personnel Officer 3840
7.4 Department Heads 394E
7.5 Filling Vacancies in the Classified Service 394E
7.6 Procedures for Filling Vacancies 394E
7.7 Appointment of Classified Employees 4042
7.8 Temporary Appointment 4143
7.9 Emergency Appointment 4143
7.10 Part-time Employees 4244
7.11 Classification 4244
7.12 Reclassification 4244
7.13 Grievance of Temporary and Part-time Employees 4345
7.14 Garnishments 4345
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City of Moab Personnel Policies and Procedures Manual
7.15 Outside Employment 4345
7.16 Prohibition Against Political Activity 4345
7.17 Reduction -in -Force 4446
7.18 Transfer 4446
7.19 Reassignment 4446
7.20 Promotion 4446
7.21 Promotion - Job Track 4447
7.22 Separation 4547
7.23 Resignation 4547
7.24 Retirement 4548
7.25 Statutory Appointees. 4648
7.26 Severance Policy - Statutory Appointees. 4648
8.1 Causes for Disciplinary Action 4749
8.2 Verbal Warning 4850
8.3 Written Reprimand 4954
8.4 Written Reprimands - Within One Year 4954
8.5 Suspension 495+
8.6 Demotions 4954
8.7 Discharge 4954
8.8 Grievance - Right to Appeal 4954
ARTICLE IX - GRIEVANCES 5062
9.1 Policy 5052
9.2 Jurisdiction 5052
9.3 Grievance Procedure 5052
9.4 Extension of Time 5153
9.5 Settlement 5153
9.6 Appeal Procedure for Discharge or Transfer 5153
ARTICLE X - MISCELLANEOUS PROVISIONS 5355
10.1 Driver's License 5355
10.2 Use of City Vehicles 5355
10.3 Accidents Involving City Vehicles 535.5
10.4 Reimbursement for Travel Expenses 5356
10.5 Public Relations 5557
10.6 Attire and Appearance 5557
10.7 Management -Employee Cooperation 5557
10.8 Rest Periods 5558
10.9 Misrepresentation of Information 5658
10.10 Maintenance of Rules Manual 5658
10.11 Periodic Review of Rules 5658
10.12 Conflict with Ordinances and Laws 5658
10.13 Other Prohibited Activities 5658
10.14 Employee Civil Action Legal Defense, Indemnity 5759
10.15 Employee Criminal Action Legal Defense Costs 5860
10.17 Acceptable Use of Information Technology Resources 5864
10.18 Personal Blogs and Social Media Sites 6062
ARTICLE XI - DEFINITIONS 6063
11.1 In General 6063
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11.2 Appointing Authority 6063
11.3 City Manager 6063
11.4 Classification 6063
11.5 Class of Positions 6063
11.6 Class Specifications 6163
11.7 Classified Employee 6163
11.8 Classified Service 6163
11.9 Classification Title 6164
11.10 Classification Plan 6164
11.11 Contractor 6164
11.12 Day 6164
11.13 Demotion 6164
11.14 Department Head 6264
11.15 Department Rules 6264
11.16 Dependents 6264
11.17 Eligibility List 6265
11.18 Employee 6265
11.19 Employee, Contractual 6265
11.20 Employee, Exempt 6265
11.21 Employee, Full Time 6265
11.22 Employee,'/1 Full Time 6366
11.23 Employee, Part-time 6365
11.24 Employee, Seasonal 6365
11.25 Employee, Temporary 6366
11.26 Examination 6366
11.27 Gender 6366
11.28 Grade 6366
11.29 Grievance 6366
11.30 Immediately Family 6366
11.31 Personnel Officer 6366
11.32 Probation 6466
11.33 Promotion 6466
11.34 Promotion -Job Track 6466
11.35 Promotional Examination 6466
11.36 Range, Salary 6467
11.37 Resignation 6467
11.38 Shall and Will, May, Should, and Can 6467
11.39 Statutory Appointee 6467
11.40 Supervisor 6467
11.41 Suspension 6467
11.42 These Rules 6467
11.43 Uniformed Services 6567
11.44 Vacancy, or Vacant Position 6568
11.45 Work Day 6568
11.46 Working Day 6568
11.47 Work Week 6568
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City of Moab Personnel Policies and Procedures Manual
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 in 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.
ii Purpose of Personnel Policies and Procedures
The City of Moab Personnel Policies and Procedures are meant to further the mission of the City.
These policies are rules of general application concerning hiring, 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 right to rescind, modify, or
amend these policies and procedures from time to time, and all such changes shall be binding 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 appointing authority.
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 govemed by state law,
and this manual is specifically intended to implement statutory provisions. However, with respect
to discharge, this manual shall not be construed to confer upon employees procedural or
substantive rights 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 in classification, development, training, upward
mobility, job specification, recruitment, promotion, demotion, discipline, layoff, or termination for
all employees and applicants. There shall be no unlawful discrimination in any personnel action
on the basis of a person's race, religion, sex, color, creed, national origin, sexual orientation,
ancestry, age, marital or veteran status, or non job related physical or mental disability. The term
"sex" as provided herein includes unlawful discrimination in the form of sexual harassment, as
further defined in 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
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City of Moab Personnel Policies and Procedures Manual
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.
1.3 Dissemination of City Policy
The City's policy on non-discrimination will be brought to the attention of all employees by the
department head at the time of hiring. Regular meetings with all elected officials, department
heads, supervisors, and related personnel of the City will be conducted. The primary purpose of
such meetings will be to familiarize employees with the contents of this plan and to further inform
them of their specific and individual responsibilities with regard to Equal Employment
Opportunity.
1.4 Program Application and Responsibility
All levels of management within the City organization are responsible for the proper
implementation of the Equal Employment Opportunity Policy as outlined herein-
1.5 Recruitment and Selection
(A) Recruitment - The City's policy is to give equitable consideration to all qualified
applicants for employment vacancies on the basis of individual qualifications,
potential, and job performance. Statutory appointees are excluded from the
provisions of this section. The City abides by the Utah Veteran's Preference Act
and will offer preference to qualified veterans as defined in Utah State Code
Annotated Chapter 10.
(B) Placement - All position descriptions and corresponding statements of minimum
qualifications shall be related directly to job duties and responsibilities. Such
qualifications will be reviewed periodically to insure their accuracy.
(C) Tests - Any tests that are utilized by the City for placement or job qualification shall
be reasonably related to necessary job functions and skills.
1.6 Training and Personnel Status Changes
(A) All training and education programs will be reviewed periodically to be certain 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 in accordance with this Equal
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E m p l o y e e s w h o b e l i e v e t h e y h a v e b e e n s u b j e c t e d t o u n l a w f u l d i s c r i m i n a t i o n s h o u l d f i l e a
g r i e v a n c e w i t h t h e i r d e p a r t m e n t h e a d , o r , i f t h e d e p a r t m e n t h e a d i s t h e s o u r c e o f t h e d i s c r i m i n a t i o n
o r r e f u s e s t o r e s o l v e t h e p r o b l e m , w i t h t h e C i t y M a n a g e r . G r i e v a n c e p r o c e d u r e s s h a l l b e i n
a c c o r d a n c e w i t h S e c t i o n 9 . 3 o f t h i s m a n u a l .
1 . 8 S e x u a l H a r a s s m e n t P o l i c y
( A ) I t i s t h e C i t y ' s p o l i c y t h a t t h e m a n a g e m e n t a n d e m p l o y e e s o f t h e C i t y s h a l l n o t
t o l e r a t e s e x u a l h a r a s s m e n t .
( B ) S e x u a l H a r a s s m e n t o c c u r s w h e n a n e m p l o y e e i s s u b j e c t e d t o u n w e l c o m e c o n d u c t ,
b a s e d o n s e x , w h i c h i s s e v e r e o r p e r v a s i v e a n d o c c u r s i n o n e o r m o r e o f t h e
f o l l o w i n g c i r c u m s t a n c e s :
( I ) T h e c o n d u c t i s e i t h e r a n e x p l i c i t o r i m p l i c i t c o n d i t i o n o f a n i n d i v i d u a l ' s
e m p l o y m e n t ;
( 2 ) S u b m i s s i o n t o o r r e j e c t i o n o f s u c h c o n d u c t b y a n i n d i v i d u a l i s u s e d a s a b a s i s f o r
e m p l o y m e n t d e c i s i o n s a f f e c t i n g t h e i n d i v i d u a l , s u c h a s s a l a r y o r a d v a n c e m e n t ; o r
( 3 ) S u c h c o n d u c t h a s t h e p u r p o s e o r e f f e c t o f u n r e a s o n a b l y i n t e r f e r i n g w i t h a n
i n d i v i d u a l ' s w o r k p e r f o r m a n c e o r c r e a t i n g a n i n t i m i d a t i n g , h o s t i l e o r o f f e n s i v e
w o r k i n g e n v i r o n m e n t .
C o n d u c t w h i c h c a n b e c o n s i d e r e d s e x u a l h a r a s s m e n t i n c l u d e s , b u t i s n o t l i m i t e d t o , u n w e l c o m e
s e x u a l a d v a n c e s , j o k e s o f a s e x u a l n a t u r e , u n w e l c o m e c o m m e n t s a b o u t a p e r s o n ' s c l o t h i n g o r
a p p e a r a n c e , s t o r i e s o r c o m m e n t s a b o u t a p e r s o n ' s s e x u a l b e h a v i o r , s e x u a l l y e x p l i c i t p h o t o g r a p h s
o r p i c t u r e s , o r u n w e l c o m e t o u c h i n g o f a s e x u a l n a t u r e . S e x u a l h a r a s s m e n t i s a v i o l a t i o n o f t h e s e
p o l i c i e s a n d s p e c i f i c a l l y t h e E q u a l E m p l o y m e n t O p p o r t u n i t y P o l i c y .
( C ) E m p l o y e e s w h o a r e s u b j e c t t o s e x u a l h a r a s s m e n t o r w h o p e r s o n a l l y o b s e r v e s u c h
c o n d u c t s h o u l d r e p o r t t h e c o n d u c t t o t h e i r d e p a r t m e n t h e a d . T h e d e p a r t m e n t h e a d
s h a l l c o n v e y a l l r e p o r t s o f s e x u a l h a r a s s m e n t t o t h e P e r s o n n e l O f f i c e r . I f t h e
d e p a r t m e n t h e a d i s t h e s o u r c e o f t h e c o n d u c t o r r e f u s e s t o r e s o l v e t h e p r o b l e m , t h e
e m p l o y e e s h a l l f i l e a w r i t t e n g r i e v a n c e , a s p r o v i d e d i n S e c t i o n 9 . 8 , E q u a l
E m p l o y m e n t O p p o r t u n i t y G r i e v a n c e s .
1 . 9 D i s c i p l i n a r y P o l i c y
E m p l o y e e s w h o e n g a g e i n u n l a w f u l d i s c r i m i n a t i o n , i n c l u d i n g s e x u a l h a r a s s m e n t , o r w h o f a i l t o
t a k e a c t i o n t o s t o p s u c h c o n d u c t a r e s u b j e c t t o d i s c i p l i n e , w h i c h m a y i n c l u d e s u s p e n s i o n , d e m o t i o n ,
t e r m i n a t i o n , o r o t h e r d i s c i p l i n a r y a c t i o n .
T R A N S F E R E D \ A g e n d a D r a f t D o a m e n t s \ 1 2 - 1 3 . 2 0 1 E \ D a n . \ P r o p o s e d P e r s o n n e l M a n u a l 1 . 1 7 d m e r e v . d o a . _ _ _
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Cllv of Moab Personnel Policies and Procedures Manual
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 employee" 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 salaries 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 individual 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 III - SALARIES AND COMPENSATION
3.1 Pav Period
All employees are paid bi-weekly. The calendar year is divided into 26 pay periods. Pay days are
the Friday following the close of a pay period unless that day is a holiday, in which case Thursday
preceding shall be the pay day. A pay period 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 pay period purposes — for all employees is from Monday at 12:00
a.m. to Sunday at 11:59 p.m. The number of days and number of hours per week to be worked
will be as assigned by the department. Salaries 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 uniform
and equitable pay plan that consists of a minimum 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
arriving at salary ranges, consideration should be given to:
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(A) Maintenance of correct relationships between the salary grades of various positions
in the City service.
(B) 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 Stair -Increment Pay Plan
A pay plan for all compensated positions with Moab City shall be presented to the Cit Council
annually for review and approval with a recommendation from the Personnel Officer.
Empleyees-Positions within Moab City are classified according to pay ranges, each of which
includes a minimum. mid point and maximum _..nza of pe.) step:,. ,beginning with the minimum,
or entry level, salary for the position. The pay steps within.a pat--riii -
=flri cfassificntien sy -tem-w-ill-be-retied-+he poaition;.1;risifieation-eltitrt.-',,,ii-elms-it!ed e•eriipt
employee-ntlty-be liated-itt the--position--ehts.;ification-rltart for-Fefefenee-purposes eanly
Progression of an employee through the pay ranges along-the-pay-plainn the salary ranee shall be
determined an -pia the pay for performance polic.thr+asis-of-the-merit-of-th employee.- Salary
increases along -tile ,t.p inefrntent-pa!,--p!an-may be awarded after the completion of an evaluation
of the employee's performance by the employee's superior, and upon approval of the employee's
supervisor, the department head_ I IR t and the t=ttt.-Llanage+Pelsonnel OI'flctr.
Eligibility for salary increases may be limited by budgetary considerations as determined by the
it\--Mana<aerl'ersonnel Officer. Evaluations of job performance should -shall be performed at the
end of the employee's ftrt+fti-ienar-yintroductory period and annually on the employment date of
the employee.- Other periodic evaluations of employee performance may be performed.- Pay
ranges may be adjusted periodically on the basis of annual surveys of salaries paid for comparable
work in other municipalities within the State of Utah, within the limits of federal wage and price
guidelines.
3.5 Cost of Living Adiustments to Pay Rate Schedule
The City Council, upon recommendation from the City Manager, may make periodic 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.
3.6 Exceptions to Basic Pay Plan
Part-time and temporary employees art-ineluelet in th; tot* intr.nl.m pay-plan,and-may receive
merit increases based on performance considerations within the limits of the pay range and within
the limits of federal wage and price guidelines. The pay ranges for these positions may also be
adjusted periodically on the basis of salary surveys.
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City of Moab Personnel Policies and Procedures Manual
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 during the
pay period in which the employee's anniversary date falls. Longevity pay is not prorated upon
separation.
Longevity pay shall be as follows:
(1) I% of base annual salary upon completion of five (5) full years of
continuous service;
(2) 2% of base annual salary upon completion of ten (10) full years of
continuous service;
(3) 3% of base annual salary upon completion of fifteen (15) full years of
continuous service;
(4) 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) Authority for overtime: The department head will determine the need for overtime
and when it will be authorized or used. The approval of a supervisor, division head
or department head must be obtained before overtime is worked, except in
emergency situations in which the approval may be obtained on the next working
day.
(C) Compensatory time: The granting of compensatory time -off in lieu of paying
overtime pay for overtime hours worked will be permitted. Non -overtime
compensatory time will only be accrued when the hours worked were in excess of
the employee's regular shift hours (excluding leave time and holidays) and will be
accrued at a straight time rate. All compensatory time 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 workloads preclude availability. When leave is
granted, compensatory time must be used prior to using vacation leave until such
time as the employee's compensatory time is exhausted. Compensatory time will
be accnied to a maximum of 100 hours after which time overtime will be paid and
no additional compensatory time will be accrued. Compensatory time can be
accumulated for up to one year and will be automatically cashed out at the
beginning of each fiscal year (July 1). Compensatory time will be cashed out to the
employee at the pay rate at which it was earned. An employee may request to have
any compensatory accumulations cashed out at any time. Cashouts will be
processed as part of a regular paycheck. Exempt employees are not entitled to
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Llty of Moab Personnel Policies and Procedures Manual
compensatory time or overtime pay. Exceptions to this policy must be approved in
advance, in writing by the City Manager.
(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 in excess of forty
(40) hours in a work week and does not include time such as vacation leave, sick
leave, holidays, etc. Non-exempt police officers shall receive straight hourly pay
for work exceeding eighty (80) hours in a pay period, until they exceed eighty-six
(86) hours. When non-exempt police officers exceed 86 hours in a pay period they
will receive pay at one and one-half times their hourly rate, for such excess.
Pursuant to section 7 (k) of the Fair Labor Standards Act, the City establishes a
fourteen (14) day pay period 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 period.
(E) Time included: In determining completion of 40 work hours in a work week or 80
work hours in a two -week pay period, holidays and authorized absences shall be
excluded.
(F) On Call/Minimum hours: The department head may establish a minimum period of
overtime for employees who are "on call" and are required to leave an available
phone number for contact. Employees who are routinely issued radios and/or
pagers are not deemed to be on call for these purposes. The department head may
also establish a minimum period of overtime for calls to work, such as court
appearances, where the work is canceled upon or after arrival of the employee.
(G) Eligibility: In general, 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 %rill be defined d ::.:..
accordance lritb the par plan.E-empt-etrtplet‘ees are identifiedd-as the--foNewing:
City Manager—fie€order:=Freasurer-. Chit rof Pollee, and-PulAie-Work-Direetelr:
(H) Emergency declaration: In the event of a disaster or emergency officially declared
as such by an appropriate official, any employee may be required to work overtime
to preserve the peace or to protect the general health, safety and welfare of the City.
3.9 On -Call Duty (Public Works)
(A) There is a need within the Public Works Department for a limited number of
employees to be accessible 24 hours a day and seven days a week to respond to
unsafe, unusual and unforeseen events relating to the city's infrastructure.- This
function is referred to as On -Call Duty. There will be one employee from the
Water Department. Streets
Department assigned to On -Call Duty each \reek. Each eek includes seven
days.
all I �
(B) The On -Call Duty employee will be available and ready to respond for events
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City of Moab Personnel Policies and Procedures Manual
relating to their division and will be required to carry the On -Call Duty cellular
phone provided by the City. The On -Call Duty schedule will be set by the
division superintendent and will be set as far in advance as reasonably possible.
All trades and exchanges of On -Call Duty among employees must be approved in
advance by the division superintendent.
(C) The City will compensate the On -Call Duty employee with a one additional hour
per day and two hours on a paid holiclay.-weekly-stipend fornssuming-On-Fell
Duty. The stipend -will be caLit-tined by payintene-lionr-at4 rate of -a -Eire?
St Alin tea e-intlltiplied-ly-t. If the -On -Call I3ut,-reek bolitlai: ih,:
s tnte�f*rnx+la K ilkapl�ll si ith the c� tpttt�rt that the rate -will -he -a Grade-7 Stgi
Min Wffgt. mulnplietl-by -5:
(D) In the event that an employee is called to respond to an incident while performing
On -Call Duty. a minimum of hour, ill I,:.:; :.:..I.:: i.:::.,.-,::
multiplier-0fl oftheemployee7s
Each call out will be treated separately for the purposes of
compensation, with the exception of multiple calls during an active call out (the
employee has not yet returned to their home residence). On -Call hours can be
conk cried to�i time as per Section 5.8 C.
3.10 Separation Pav
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 prior to receiving their final
paycheck. In the event the employee does 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 Recorder's offices and shall
include compensation for all unused annual leave.-t—h-alin sick leave Program I1, compensatory
time and vacation timer).
3.11 Severance Pav
When classified employees are separated from City employment as a result of 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 in Section 7.25 of these rules.
3.12 Pav Advancements
The City will not make pay advances to any employees. -A pay advance is any compensation
advanced to a non -separated employee prior to the completion of the pay period.
ARTICLE 1V - BENEFITS
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4.1 Vacation
The City provides Vacation Leave to eligible employees for the purpose of -providing employees
the opportunity to take paid time off from their job responsibilities in order to maintain a higher
standard of mental, emotional and physical conditioning. -This policy is intended to provide a
benefit to City employees as well as to the City as an employer by fostering a healthy and
productive workforce. -Vacation is meant to be utilized as time away from work, not for an
accumulated cash out program.
Classified employees, statutory appointees, and contractual employees begin to earn vacation upon
commencement of employment and employees are strongly encouraged to take vacations in 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:
Exempt Emplovees
N acation hours per pat
Maximum Vacation
period
hours It tear
l:pon !lire
3.08
80
Completion of Semite
Vacation dais per tear
Vacation hours per tear
First ycar
Ill
-',I
Second tear
13
104
Fifth year
18
144
Seventh year
),u
pa)
Tenth year
1 ? -1
16817 ;
Thirteenth ysx-
_-',-'-1
1-84192
Sixteenth year
16
208
Nineteenth year
29
732
Non-exempt Emplovees
Completion -of Serriee
Vacation hours per pat
NIaximum 111i:talon
period aeittion days per
hours 1st vearVaention
vettr
Itoufs
per --rear
lj)on Ilire
3.08
80
%ttet-o-ftt-Fil at niuti'i'-p2r-1@d
+f?
81)
( ompletion of Sert ice
't :canon (lilts 1101 teal"
N acatlon hours per tear
Second year
10
80
Fifth year
13
104
Tenth year
16
In
Fifteenth year
19
152
Twentieth ysz
24
192
(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
9
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City of Moab Personnel Policies and Procedures Manual
employee is unable to take his/her vacation, the employee will be paid for the
unused vacation time only if the introductory period has been successfully
completed. -at -the rate of pa.). that applied at the time the raeation 11.as rarnt(1.
(B) Sick leave substitution: If a documented illness that would justify use of sick leave
occurs while an employee is on vacation, that time may be counted against any
accumulated sick leave 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 only if the introdury
period has been successfully completed: 4•aaalie11 pay -shall be prorated upon
separation of service for compensation purposes.
(D) Holidays while on vacation: An authorized City holiday shall not constitute a
vacation day, and whenever an authorized holiday falls within an employee's
vacation leave, he or she will be entitled to one (I) additional day beyond the
specified vacation period.
(E) Exempt employees' reporting of leave: Exempt employees shall report leave in
eight -hour increments when practical; however, Exempt employees are not
obligated to report leave time that will exceed 80 hours in a given pay period.
(F) If an employee transfers from Non-exempt status to Exempt status or from Exempt
status to Non-exempt status during the term of employment, the employee will
accrue vacation hours according to the schedule that corresponds to the new status,
but in no case shall an employee lose vacation due to the change in status.
(GI Vacation accruals are based on hours worked per pal periodda:aita" t+ae ix�+ne
I-2--taaenth -period, Accrual, --will -be prorate(' -- and reduced -accordingly to
nccvFaj+aled(at leapvr-rr+Cliout-pta.--or-workers-eoinpensation-'rare-in-excess-of-1-2
weeks: Accruals will cease if an employee is on lease without LtY or worker's
compensation lease in excess of 12 weeks.
4.2 Vacation Scheduling
The City will specify when vacation shall be taken and shall consider seniority and preferences in
such determination, but in any event, scheduling of vacations shall be at the discretion of the
department head. Every effort will be made by the City to accommodate the employee's requested
dates for vacation.
4.3 Sick Leave
I. ,Purpose
The objective of this section is to provide methods of furthering the health and general welfare of
city employees, as well as ensuring maximum and reasonable job attendance.
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CAN of Moab Personnel Policies and Procedures Manual
Sick leave should not be viewed as a right to be used at the employee's discretion; rather, it is a
privilege of paid time away from work duties in the event of one of the following circumstance:
I. Actual illness or injury of the employee that occurred away from the job setting,
except where such injury/illness occurred in connection with off -duty (outside)
employment;
2. The employee's exposure to a contagious disease;
3. Where the employee's medical attention to an immediate family member, as defined
in these personnel rules, is required due to the immediate family member's illness or
injury;
4. Medical or dental appointments of the employee, or employee's immediate family
members, when such appointments cannot be arranged during off -duty hours, and
when the employee's immediate family member is incapable of independently
attending such appointments;
5. Emergency leave due to the death or imminent death of family members.
Immediatefamily includes the employee's parents, step-parents, children, step -children, siblings,
grandparents, and in-laws.
2. Accruals and Balances t Formatted: Font: Not sold
A —No additional hours over the maximum shall be accrued. —probationary employees:
Sick leave shall accrue a rate of 4 hours per par period.-brit--shal+ not br avnitable
utnil after :i'-1444-141-011Cti; of ;tin i:r for probatien n ent}�In�.ti s.
4.4 Administration of Sick Leave
(A) Report requirement: In order to be paid for sick leave, an employee must notify the
department head, or the person designated by the department head to receive such
notice, within a reasonable time prior to the start of the work shift. For purposes of
sick leave notification requirements and at the supervisor's discretion, cell phone
text messages and online instant messaging may not be considered official
notifications.
(B) Illness or accident: When it is established to the City's satisfaction that an employee
is incapacitated because of sickness or injury to a degree that he or she would not
be able to perform his/her duties safely, sick leave, if accumulated, will be granted,
or if the employee does not have any sick leave, the time will be deducted from
other leave balances.
(C) Death in family: When death occurs in the employee's immediate family, sick leave
will be granted. Department heads may approve an employees' use of sick leave to
attend funerals.
(D) Medical certification: Medical certification may be required to substantiate sick
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City of Moab Personnel Policies and Procedures Manual
leave. -In the event there is a reason to believe that an employee is abusing sick
leave, the employee may be required to fumish medical certificates and a written
statement of the reasons for any period of sick leave.
(E) Return to work: If an employee has been absent from duty because of sickness or
injuries for a period of three (3) or more working days, the employee may be
required to satisfy the City, with medical certification, that he/she can perform
normal job functions prior to being permitted to return to work.
(F) A job -related injury is entitled to use all available sick leave prior to receiving
worker's compensation benefits for any period in which 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 period of disability or injury. -Where
applicable, the City may require that the injured employee assign any worker's
compensation wage replacement benefits (exclusive of payments for medical
expenses and the like) to the City in partial reimbursement for this benefit and to
the extent necessary to prevent a double payment.
(G) A sick leave bank shall be available for classified employees who meet the
requirements for sick leave usage and require leave in excess of their own accntals.
Sick leave bank usage and amounts must be approved in advance by the City
Manager and shall not exceed 80% of the leave available in the bank. —Any
classified employee may donate sick leave to the bank. Employees may not donate
an amount that would reduce their personal accrual to less than 120 hours.
Approval of sick leave bank usage will not be approved for instances in which:
(l ) The employee has other leave time to use;
(2) The period of time away from work is less than three consecutive work
days;
(3) The total number of hours reported in the pay period would exceed 80 hours
including the requested sick leave bank hours.
4.5 Abuses of Sick Leave
The City shall have the right to investigate, at its own expense, the causes or circumstances of any
absence or use of sick leave.
4.6 Compensation for Unused Sick 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 in January for the preceding 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.
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4.7 Holidays
(A) The City observes the following days as paid holidays:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Pioneer Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas 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 Friday.
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 period, 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.
(E) Classified employees who either work on a scheduled holiday or do not derive the
benefit of having the holiday off on a scheduled workday shall receive an additional
eight (8) hours of straight (hourly) pay as compensation for the holiday.
4.8 Worker's Compensation
State law provides worker's compensation for all employees and the City is insured 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.
(B) An employee may use accrued leave benefits to supplement the workers
compensation benefit.
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City of Moab Personnel Policies and Procedures Manual
(C) The combination of leave benefit, wages and workers compensation benefit may
not exceed the employee's gross salary. Leave benefits shall only be used in
increments of one hour in making up any difference.
(D) The use of accrued leave to supplement the worker compensation benefit shall
be terminated if the:
(i) employee is declared medically stable by licensed medical authority;
(ii) workers compensation carrier terminates the benefit;
(iii) employee has been absent from work for six months in a 24 month period;
(iv) employee refuses to accept appropriate employment offered by the city; or
(v) employee is notified of approval for Long Term Disability or Social Security
Disability benefits.
(E) The employee shall refund to the city any accrued leave paid which exceeds the
employee's gross salary for the period for which the benefit was received.
(F) Workers compensation hours shall be counted for purposes of annual, sick and
holiday leave accrual while the employee is receiving a workers compensation
time loss benefit for up to twelve weeks from the last day worked in the regular
position.
(G) Health insurance benefits shall continue for an employee on leave without pay
while receiving workers compensation benefits not to exceed 12 weeks. The
employee is responsible for the payment of the employee share of the premium.
Insurance will be terminated after 30 days of non-payment of employee share of
premiums.
(H) If the employee is able to retum to work in the employee's regular position and
perform essential job duties, the agency shall place the employee in the
previously held position or a similar position at a comparable salary range.
(I) If the employee is unable to return to work in the regular position and perform
essential job duties after six months cumulative leave in a 24 month period, or if
documentation from one or more qualified health care providers clearly
establishes that the employee has a permanent condition preventing the employee
from returning to the last held regular position and perform essential job duties,
or if the employee refuses to accept appropriate employment offered by the city,
the employee may be separated from city employment unless prohibited by state
or federal law.
4.9 Employee Pension Plan
Classified employees and statutory appointees shall participate in 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 regarding any questions concerning the plan.
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City of Moab Personnel Policies and Procedures Manual
Employees who began employment after July 1, 2011 may be covered under the Utah Retirement
Systems Tier 2 plan. -Full time employees, statutory appointees and the Elected Office of Mayor
are eligible to participate in the Tier 2 plan. Part time employees are not eligible for participation
in the Tier 2 plan.
4.10 Social Security, O.A.S.I.
All employees of the City contribute to the O.A.S.I., or Social Security program, as administered
by the Federal Govemment. -This is a system of retirement benefits based on equal employer and
employee contributions to public insurance reserves.
4.11 Uniforms
The City will provide uniforms and/or a uniform maintenance and cleaning payment to all
employees required to wear and maintain uniforms.
4.12 Health Insurance
The City pays a portion of the premium on health insurance for classified employees, statutory
appointees, contractual employees and their dependents. Employees may be required to pay a
monthly portion of the cost of their health insurance as approved annually by the City Council.
Health Insurance will be effective as of the date specified in our current health insurance policy
eligibility parameters and will terminate on the last day of the month following the employee's
separation from employment. -The plan includes major medical provisions.
City contributions toward health insurance premiums are based on hours worked. Employer
premium contributions will be prorated and reduced accordingly to accommodate leave without
pay or worker's compensation leave in excess of 12 weeks-
4.13 Dental Insurance
The City pays a portion of the premium on dental insurance for classified employees, statutory
appointees, contractual employees, and their dependents. Employees may be required to pay a
monthly portion of the cost of their dental insurance as approved annually by the City Council.
Dental insurance will be effective as of the date specified in our current dental insurance policy
eligibility parameters and will terminate on the last day of the month following the employee's
separation from employment.
City contributions toward dental insurance premiums are based on hours worked. Employer
premium contributions will be prorated and reduced accordingly to accommodate leave without
pay or worker's compensation leave in excess of 12 weeks.
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4.14 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 description of the benefit.
4.15 Training Programs
Training programs are those designed to improve the employee's on-the-job performance. When
any employee is sent to a training program, the City will pay associated expenses and registration
fees.
4.16 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 benefiting the individual, the intent 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 train employees for opportunities with other
employers.
After a department has determined that funds are available for tuition aid reimbursement, the
following conditions must be met:
(A) Criteria for Eligibility.
(I)
Employee must be a- peFTtx+iiantrel;ularclassified employee working at least
thirty (30}-ihours per week, and not a probationary employee.
(2) Employee has not yet reached the annual limit of $2,000 as described in
Paragraph B-2, below, in tuition aid reimbursement paid during a calendar
year.
Classes must be taken for credit and completed. -Audits, incompletes, and
withdrawals are not eligible for reimbursement.
(B) Criteria for Approval.
(1) Approval is contingent upon sufficient funds in the departmental budget.
(2) Employees are limited to a maximum of S2,000 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.
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City of Moab Personnel Policies and Procedures Manual
(5) Course work is taken on the employee's own (unpaid) time.
(6) Employee's job performance is satisfactory.
(C) Program Requirements.
(I)
Class or degree must be job -related, based on the knowledge, skills and
abilities required by the employee's current job description.
(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 $2,000.
(D) Application Procedure.
The employee should take the following steps when applying for tuition aid
reimbursement:
(1) Discuss with department head his/her intent to attend classes 30 days prior
to start of classes, to verify if funds will be available.
(2) Obtain Purchase Requisition Form from department head.
(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 in 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 lieu of City
reimbursement. 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 within 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
within 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 implied term of employment for any
covered employee.
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4.18 Insurance Protection
The City carries liability insurance covering the operation of City vehicles and covering various
other activities of the City. All employees operating City vehicles must report accidents
immediately to a supervisor and complete such reports as may be required.
4.19 Fitness Benefit
Classified employees, statutory appointees, and contractual employees will be granted once a
year a Moab Recreation and Aquatic Center Family Aquatic pass free of charge. The pass is
restricted to the uses stated on such pass and will have an annual term that does not exceed the
term of their employment.- Additionally, the City shall annually provide a discounted Moab
Recreation and Aquatic Center Fitness Pass to classified employees, statutory appointees and
contractual employees. -Employees may elect an alternate annual benefit of a $ l00
reimbursement to another locally located fitness center provider.
Moab Recreation and Aquatic Center employees will receive a Single Aquatic and Fitness
Facility pass - free of charge — for the employee's use, with an annual term that does not exceed
the employment term.
4.20 Cell Phone Reimbursement
The City may reimburse business use of personal cell phones as approved by a supervisor. Rates
of reimbursement are between $30 and $50 per month as determined by the City Manager.
Reimbursed personal cell phone numbers will be released to other city employees as well • Formatted: Normal, Indent: Left: 0.25•, No bullets or
as members of the public for City use. numbering
If employees discontinue use of the personal cell phone, change the number or cancel the phone,
they must notify the City within five business days of said changes.
ARTICLE V - LEAVES AND ABSENCES
5.1 Leave in General
Leave, in the context of these rules, means authorized absence.- -Leave may be paid, as in the case
of vacation or sick leave, or unpaid, as in the case of a leave of absence. Arrangements for leave
are made through the supervisor, subject to department requirements and department head
approval.
5.2 Vacation and Sick Leave
Vacation, sick leave, and paid holidays are discussed in Article IV-
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L'1tv of Moab Personnel Policies and Procedures Manual
5.3 Military Leave
Leave may be granted for a period of duty in the Uniformed Service. Extended Military Leave is
defined as any leave of eleven (11) days or more, and Short Term Military Leave is any leave of
less than eleven (I 1) days in duration.
(A)Short Term Military Leave in the Uniformed Service is authorized for classified
employees, statutory appointees, and contractual employees pursuant to the
following conditions:
(I)
Employees are entitled to eleven (I I) working days' military leave per year
without the loss of compensation or other fringe benefits, subject to sub-
section 2 next.
(2) Employees requesting such leave must provide the City with a copy of the
military orders placing him/her on active duty status.
Employees who are members of reserve units of the military shall notify
their immediate supervisor either verbal or written as soon as they have
knowledge of upcoming military service. Such written notification shall be
made a part of the employee's personnel file.
(B) Extended Military Leave in the Uniformed Service Without Pay may be granted to
classified employees and statutory appointees who enlist are recalled or are drafted
to active service in the Uniformed Service of the United States in accordance with
the provisions of Uniformed Services Employment and Reemployment Rights
Act (USERRA). Former employees shall be permitted to return to City
employment pursuant to the following conditions:
(3)
(I)
The leave of absence may not exceed five (5) years from the date of entry
into the military service (unless the employee is involuntarily retained
longer).
(2) The employee must have satisfactorily completed the period of active duty
and must furnish military discharge documentation (DD214) that
establishes the length and character of the employee's military service.
(3)
Employees subject to this policy and leaving active military duty are
authorized to request reinstatement according to the following schedule:
(a) If service is less then 31 days (or for the purpose of taking
an examination to determine fitness for service) — the
employee must report for reinstatement at the beginning of
the first full regularly scheduled working period on the first
calendar day following completion of service and the
expiration of eight hours rest and after a time for safe
transportation back to the employee's residence.
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(b) If service is for 31 days or more but less then 180 days — the
employee must submit an application for reinstatement with
Human Resources no later then 14 days following the
completion of service.
(c) If service is 181 days or over— the employee must submit an
application for reinstatement with Human Resources no later
then 90 days following the completion of service.
(d) If the employee is hospitalized or convalescing from a
service -connected injury — the employee must submit an
application for reinstatement with Human Resources no later
then two years following completion of service-
(4) If service is for a period of I to 90 days the employee will be reinstated in
the position which the employee would have been employed if the
continuous employment of such person with the employer had not been
interrupted by such service, the duties of which the person is qualified to
perform.
If service is for a period of 91 or more days the employee will be reinstated
in the position in which the person would have been employed if the
continuous employment of such person with the employer had not been
interrupted by such service, or a position of like seniority, status and pay,
the duties of which the person is qualified to perform.
Employees with a service -connected disability — if after reasonable
accommodation efforts by the employer, and employee with a service -
connected disability is not qualified for employment in the position he or
she would have attained or in the position that he or she left, the employee
will be employed in any other position of similar seniority, status and pay
for which the employee is qualified or could become qualified with
reasonable efforts by the employer; or if no such position exists, in the
nearest approximation consistent with the circumstances of the employee's
situation.
(4) If the employee declines two (2) consecutive offers for position vacancies,
reinstatement rights shall terminate.
(5) Employees reinstated following military leave will receive seniority and
other benefits determined by seniority that the employee had at the
beginning of the military leave, plus any additional seniority and benefits
the employee would have attained, with reasonable certainty, had the
individual remained continuously employed. -In addition, an employee's
time spent on active military duty will be counted toward their eligibility
for FMLA leave once they return to their job.
(6) If, due to a service -connected disability or for some other reason, an
employee is not qualified to perform all the duties of his/her former
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(7)
position, he/she will be placed in the closest comparable position for which
he or she is qualified.
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
In 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 his superior
the court order, subpoena or summons. The employee shall be expected to be at work during the
regular working hours when not required to be absent and the employee shall provide proof of
actual jury service. -If the employee remains on the payroll during such jury duty, he/she shall
assign all jury or witness fees to the City for jury/witness duties served. Employees taking jury
leave shall attach a copy of the jury summons to the time sheet for the pay period in which jury
leave is taken.
(A) Time absent by reason of subpoena in private litigation or by some party other than
the Federal Government, State Government or a political subdivision thereof, to
testify in other than an official capacity, shall be taken as vacation leave or leave
without pay.
5.5 School Assistance Leave
Employees may, upon written approval of the supervisor, take up to one hour per week paid
School Assistance Leave to assist children in the Grand County School System. Request for
said leave shall be in writing and shall be available to full-time
pftlbatiefaary employees in good standing: Employee performance and productivity, as well as
scheduling and workload issues, may be considered in granting or denying the request.
5.6 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 in all local,
county, state and federal elections. Such time off shall be arranged with the employee's supervisor.
5.7 Medical 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 his/her 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 in one -hour increments. -Employees must
schedule such medical and dental leaves with their supervisor. -Except in cases approved by the
department head, such leave will not be granted more than four (4) times per year.
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5.8 Maternity Leave
(A) Any employee who becomes pregnant may continue working until such time as she
can no longer satisfactorily perform her duties, or her physical condition is such
that her continued employment may be injurious to her health. -An employee shall,
upon request, be required to present medical certification from her doctor, at her
expense, verifying fitness to continue or resume work.
(B) Unpaid maternity leave shall be granted in accordance with the Family and Medical
Leave Act provisions in Section 5.9, below: An employee may elect to have such
time absent from work accredited to sick leave and vacation leave (including
accrual) prior to being carried on leave -without -pay status.
5.9 Administrative Leave
A classified employee or statutory appointee may, upon the approval of the City Manager or
designated representative, be granted leave with pay to perform legitimate duties in connection
with City business, to attend trade or professional meetings which relate to official duties, to
participate in recognized and authorized training programs, or for other purposes directly related
to the conduct of official City business.
5.10 Family Medical Leave Act
(A) Up to 12 weeks of unpaid leave 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
during the previous 12-month period 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
serious health condition; --at
(3) For a serious health condition, including pregnancy or related
complications, that makes the employee unable to perform the employee's
job; or:
(4) Because of as qualifying exigency arising as a result of a spouse, son,
daughter or parent being on active duty or having been notified of an
impending call or order to active duty in the Armed Forces,
(4-) (Formatted: Indent: Left: 2", No bullets or numbering
(B) An employee is allowed up to 26 work weeks of family and medical leave during a
12 month period to care for a spouse, son, daughter, parent or next of kin who is a
recovering service member as defined by the National Defense Authorization Act.
(C) To request FMLA leave, the employee or an appropriate spokesperson, shall
apply in writing for the initial leave and ‘N hen the reason for requesting family
medical leave changes:
(1 a) thirty days in advance for foreseeable needs; or
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(21)) as soon as practicable in emergencies.
(D) An employee with a serious health condition may use accrued annual leave, sick
leave, converted sick leave, excess hours and compensatory time prior to going
into leave without pay status for the family and medical leave period.
(I a) An employee who chooses to use accrued annual leave, sick leave,
converted sick leave, excess hours and compensatory time prior to going
into leave without pay status for the family and medical leave period shall
notify the agency,
(2b) If an employee fails to notify the agency under this Subsection, accrued
leave will be used to pay the employee's payroll deductions in the
following order:
Compensatory Time
Sick Leave
Vacation Leave
(E) An employee who chooses to use FMLA leave shall use FMLA leave for all
absences related to that qualifying event.
(F) Any period of leave for an employee with a serious health condition who is
determined by a health care provider to be incapable of applying for Family and
Medical Leave and has no agent or designee shall be designated as FMLA leave.
(G) The City may require 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 certification prior to the employee's return to work.
(H) The City will maintain any group health plan insurance normally provided to an
employee taking leave under this section either until such time as the employee
should fail to return to work following exhaustion of all available leave, or until the
employee notifies the City of his/her intent not to return to work.
(I) The City will attempt to restore employees taking leave pursuant to this section to
their original or equivalent positions with equivalent pay, benefits and other
employment terms-
(J) No employee taking leave pursuant to this chapter shall lose any
employment benefit that accrued prior to the start of the employee's leave.
(K) An employee with a serious health condition covered under workers'
compensation may use FMLA leave concurrently with the workers'
compensation benefit.
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5.11 Leaves of Absence
Leaves of absence without pav may be granted for periods not to exceed one year to non -
probationary classified employees and statutory appointees because of illness or infirmity, for
educational or religious purposes, or for other similar reasons.- Leave is available subject to the
discretion of the supervisor and the appointing authority. -Leave shall not be granted where it 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 appointing authority. -Employees on leave status
do not accrue additional benefits (including health insurance) 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 in Section 5.9 shall be counted against the one year limitation of leave under this
section. Failure to report for duty upon expiration of leave under this section is grounds for
discharge.
5.12 Unauthorized Absences
Any employee absent from the job without approval from a supervisor may be disciplined or
terminated. -Unauthorized absence for two (2) consecutive days or more may be interpreted as
resignation without due notice.- Employees will not be paid for any period of unauthorized
absence.
5.13 Failure to Return from Leave
Any employee who fails to return from leave may be terminated.- Any employee who is unable to
return from leave at the time 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 accommodated.
ARTICLE VI - OCCUPATIONAL SAFETY AND HEALTH
6.1 Intent and Purpose
It is the intent and purpose of the City to comply with all applicable rules and 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. Compliance
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with this Act shall be accomplished through the establishment of an occupational safety and health
program as outlined herein.
6.3 Inspection and Enforcement
City administration shall inspect or designate a competent person or persons to inspect frequently
for unsafe conditions and practices, defective equipment and materials, and where such conditions
are found, to take appropriate 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 lives of employees. -They shall warn all employees of any dangerous conditions and
permit no one to work in an unsafe place, except for the purpose of making it safe.
6.4 Records
An accurate record shall be kept of all accidents involving injuries to employees while on duty,
whether or not time is lost. These records shall at all reasonable times be available to the industrial
Commission or its representatives upon request. -Other records shall be kept as requested by the
Industrial Commission.
6.5 PostinE EmerEencv 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 applicable, so that necessary help can be obtained in case of an emergency.
(A) Such list shall include:
(1) Responsible Person (supervisor)
(2) Doctor
(3) Hospital
(4) Ambulance
(5) Fire Department
(6) Law Enforcement Agency
6.6 Working Conditions
An excessively littered or dirty work area constitutes an unsafe, hazardous condition of
employment and should be remedied within a reasonable amount of time. When no other method
or combination of remedies exist to minimize hazards due to toxic dusts, fumes, gases, flying
objects, dangerous rays, or burns from 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 in good, sanitary working condition at all tinges.
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6.7 Iniury Reporting
A report of any on-the-job injury resulting in disability or compensable lost time shall be submitted
by the department head or other designated official and then submitted to the City administrative
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 authority 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.
6.8 Rules in General
(A) No person shall remove, displace, destroy or carry away any safety device or
safeguard provided for use in any place of City employment or interfere 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, life, safety, or welfare of employees.
(C) Employees who do not understand or speak the English language shall not be
assigned to any duty or place where the lack or partial lack of understanding or
speaking of English (night adversely affect their safety or that of another employee.
(D) Where there is a risk of injury from hair entanglement in moving parts of
machinery, employees shall confine their hair to eliminate the hazard.
(E) Loose sleeves, tails, ties, lapels, cuffs, or similar garments that can become
entangled in moving machinery shall not be worn where an entanglement hazard
exists.
(F) Wrist 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 into a
place of employment.- This section does not apply to a police officer in the
performance of his/her duties.
(H) No employee shall go into or loiter about places in which alcohol is consumed or
sold during hours of employment. This section does not apply to a police officer in
the performance of his/her duties.
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City of Moab Personnel Policies and Procedures Manual
6.9 Smoke -Free Workplace Policy
It is the policy of the City of Moab that employees shall not smoke or be in possession of any
lighted tobacco product, e-cigarette or oral tobacco while in an indoor facility, in a city vehicle, or
during the course of normal work duties. -This policy shall not be construed to exclude smoking
during designated breaks from the work period.
(A Lighted Tobacco is defined as: both tobacco that is under self -sustained combustion
and tobacco that is heated to a point of smoking or vaporizing.
(B) E-cigarettes are defined as: any electronic oral device that provides a vapor of
nicotine or other substance and which simulates smoking through its use or through
inhalation of the vapor through the device; and includes an oral device that is
composed of a heating element, battery, or electronic circuit and marketed,
manufactured, distributed, or sold as an e-cigarette, e-cigar, a -pipe, or any other
product name or descriptor, if the function of the product meets the definition of an
electronic oral device.
(Tic-)(C) Oral Tobacco is defined as: a smokeless tobacco product consumed by placing a
portion of the tobacco between the cheek and gum or upper lip teeth and chewing.
6.10 Drug 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 alcoholic beverages, controlled substances, and other substances which may
impair work performance is expressly prohibited.- It is the policy of the City that
City employees, being servants of the public, and warranting respect from the
public, must maintain a high standard of integrity 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 in alcohol and controlled
substances education and testing, as follows:
(I)
An alcohol and drug education program, as provided by the City, shall be
completed by all new employees within the first year of employment.
(2) An alcohol and drug test shall be performed on all job applicants who have
been extended an offer of employment of more than 19 hours per week or
200 hours in a consecutive ten week period. Any offer of employment is
expressly conditioned upon the successful completion of a pre -employment
drug/alcohol screening.
All employees will be subject to alcohol and drug testing upon reasonable
suspicion by the employer that the employee is impaired by drugs or alcohol
while on duty.
(3)
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City of Moab Personnel Policies and Procedures Manual
(4) All employees will be subject to alcohol and drug testing when the
employee has been involved in an on -duty accident involving a motor
vehicle or motorized equipment and with regard to police department
personnel, when the employee has been involved in any incident in which a
firearm is discharged in the line of duty.
(B) Scope.
This policy covers all City employees and new applicants for City employment.
(C) Definitions
(1) "Alcohol" is defined as the intoxicating agent in beverage alcohol, ethyl
alcohol, or other low molecular weight alcohols in methyl and isopropyl
alcohol no matter how packaged or in what form the alcohol is stored,
utilized or found.
(2) "Controlled Substances" (also referred to as "drugs") shall be defined as any
substance controlled or regulated pursuant to the Utah Controlled
Substances Act, U.C.A. 58-37-2, as amended, federal law, and including
controlled substances or medications which, though legal, have not been
prescribed to the employee by a treating physician for a bona fide medical
condition or ailment. For purposes of example only, and without limitation,
controlled substances or drugs include substances such as cocaine, heroin,
marijuana, hashish, amphetamines, opium, LSD, and similar illegal drugs.
Controlled substances shall also include legal substances which are used for
intoxicating effect, including inhalants such as paints, thinners, solvents, or
over-the-counter drugs where used as an intoxicant in doses in excess of
recommended levels. Controlled substances shall also mean the metabolite
of any of the substances covered by this policy.
(3)
"Impaired work performance" is defined as any performance of normal job
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 Driver'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 in the test subject;
b. For non-C.D.L. drivers 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
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(5)
subject.
• { Formatted: Indent: Left: 2", Hanging: 0.5", Tab stops: 1
Not at 1.5" J
"Refusal to Submit to Testing" shall be defined as the failure to provide an
adequate breath, urine, 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 trained
in drug and alcohol abuse recognition and the City of Moab Drug and
Alcohol Policy and Procedures to believe that a violation of the Drug and
Alcohol Policy has occurred.
(D) Pre -Employment Screening
(1)
Upon extension of an offer of employment of more than 19 hours per week
or 200 hours in a consecutive ten week period, the applicant shall undergo
a drug and alcohol screening at a facility designated by the City. Refusal to
complete the pre -employment screening shall result in rescission 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 positive test result for either drugs or alcohol shall result in rescission 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 time 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 within a one-
year time period shall be required to undergo a pre -employment screening
only once during any one-year period.
(E) Pre-Enlplovment Screening— Recreation Policy
(1)
Employees hired to perform work at the Moab Recreation and Aquatic
Center will be subject to pre -employment drug screening regardless of the
term of employment and/or the number of hours worked.
(2) Employees hired to perform work in any Recreation Department whose
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(3)
duties will or may include the care, custody, or control of children, will be
subject to pre -employment drug screening regardless of the term of
employment and/or the number of hours worked.
Recreation employees (subject to pre -employment drug screenings) who
are hired and rehired within 365 days from the last day worked shall be
required to undergo a pre -employment screening only once during any
one-year period.
(F) Testing Procedures
(I)
Testing shall be accomplished via urine, breath, oral fluids, blood or hair
sampling methods at a location designated by the City. Collection of
samples shall be carried out by certified contractors or trained City
employees as designated by the City of Moab. Instant or rapid tests may be
used for initial testing; However, in all situations yielding a positive test
result the confirmation analysis of specimens shall be performed by
qualified laboratory or medical personnel trained in the applicable method.
Where applicable, tests should be performed using 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
immediately upon request of the supervisor. Failure to timely report for
testing shall be regarded as a "refusal", except where the failure is a result
of circumstances beyond the control of the employee. All employees
subject to testing may be required to present proof of identity to the testing
agent. Employees shall be compensated at their regular wage rate for time
spent complying with this policy, and all testing shall be completed during
the employee's regular work shift, if possible.
(3)
Urine sampling shall be conducted in a manner that preserves the privacy
and dignity of the individual. All satnpling shall be conducted under
sanitary conditions and the City may institute procedures to prevent
substitution, adulteration, or tampering with samples.
(4) Prior to testing an employee or applicant shall disclose in writing to the
medical officer performing the test, information concerning any medical
condition or medications consumed by the employee or applicant which
might affect test results.
(5)
The City shall employ testing procedures that maintain the chain of custody
from the collection of any sample through the chemical analysis of the
sample and receipt of the test results. Analysis of samples shall be
accomplished through laboratories accredited either by the Substance
Abuse and Mental Health Services Administration or the College of
American Pathology.
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City of Moab Personnel Policies and Procedures Manual
(6) Testing 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 testing 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 urine sample. Regardless of whether the employee
requests a second analysis, prior to instituting any disciplinary action based
upon test results the City shall confirm the results via a second analysis of
the split urine
sample. If requested by the employee/applicant, the costs of such second
test shall be split equally between the employee/applicant and the City.
(8) It is against City policy for any employee or prospective employee to tamper
with or adulterate a specimen. Any adulterated or tampered specimen will
be treated as a positive test.
(G) Randoin Testing
(I) All employees holding Commercial Drivers Licenses shall be nominated in
a pool testing consortium. Each employee within that pool shall have an
equal chance at being tested each time the consortium conducts a random
test. At least 50% of the City's safety sensitive position population shall be
tested in a given year.
(2) Random tests shall be announced on the date the test is to be completed.
Persons selected from the testing pool will be notified personally by their
supervisor.
(3) The City shall maintain records as to the random pool, pool selections, and
how employees are selected for testing.
(H) Testing Upon Suspicion of Impairment.
( I )
Any employee may be subject to testing where his/her supervisor or other
superior has a reasonable suspicion that the employee is impaired or under
the influence of alcohol or a controlled substance covered by this policy,
and where such reasonable suspicion is substantiated by an on -staff expert
trained and certified in the recognition of drug and alcohol impairment
pursuant to this policy.
(2) For purposes of illustration only, and without limitation, "reasonable
suspicion" of impairment may include the following: direct observation of
behavior consistent with impairment such as slurred speech, stumbling, or
lack of coordination; the direct observation of the consumption of alcohol
or controlled substances; erratic or abnormal behavior; arrest or conviction
for a drug or alcohol related offense when coupled with other indicia;
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(3)
identification of an employee as a suspect or focus of a drug related criminal
investigation based upon credible and corroborated information; evidence
of tampering with samples or adulteration of a previous test. The preceding
list is for purposes of example only, and shall not be construed to describe
all of the possible grounds which may support a finding of reasonable
suspicion.
An employee directed to perform a suspicion based test shall receive written
notice to that effect from his/her supervisor. The notice shall describe the
conduct or behavior giving rise to a suspicion of impairment and shall
provide documentation from the on -staff expert described in Section 6.10
(G) that the reasonable suspicion is substantiated.
(I) Post Accident Testing
(I)
Employees involved in an on -duty vehicular accident shall be evaluated at
the accident site by an on -staff expert trained and certified in the recognition
of drug impairment as pursuant to this policy. If said on -staff expert
establishes that there is reasonable suspicion that the employee is impaired,
the employee may be subject to testing as a result of the on -site evaluation.
Additionally, police department personnel shall undergo testing following
any incident 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
independent legal authority 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 incident covered by this policy, except for good cause shown. Drug
testing shall be completed not later than eight hours from the time of any
incident covered by policy, except upon good cause shown.
(J) Disciplinary Policy
(1)
Employees shall not test positive for any alcohol, in excess of the limits
imposed by this policy, or test positive for any controlled substance when
subject to testing pursuant to this policy. Violation of this policy may result
in disciplinary action including: mandatory rehabilitation education,
treatment, or counseling; suspension without pay for a determinate period;
other disciplinary sanction; or termination. In the case of termination, an
employee shall be entitled to the applicable termination procedures outlined
in the personnel policies and procedures manual and the state code.
(2) Commercial Driver's License Operators who produce a blood or breath
alcohol test result of .02-.039 grams per liter will be removed from service
for 24 hours, and will be subject to a follow-up test prior to returning to
work.
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(3)
It is the policy of the City that drug and alcohol test results shall be used for
intemal hiring, employee discipline, and personnel decisions, and not for
the collection of evidence in any criminal proceeding or investigation. Test
results shall not be used by the City for any criminal investigation.
(4) Drug and alcohol test results, and all accompanying medical information,
shall be maintained in the employee or applicant's personnel file. The
infornation is a protected document under the Govemment 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 Americans with Disabilities Act and the Utah Anti-
discrimination 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 injury or property
damage occurred, the risk or potential of an injury, the level of impairment,
any history of past violations or previous treatment, and the extent to which
the public trust or official duties are compromised by the impairment. Other
factors may be considered. EMPLOYEES ARE NOTIFIED THAT ANY
VIOLATION OF THIS POLICY MAY 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
in violation of this policy the supervisor may suspend the employee, with
pay, pending receipt of the test results.
(K) General Policies with Respect to Alcohol and Controlled Substances and
Administrative 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. This 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
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Arts and Recreation Center events.
(3) All employees are advised that the City reserves the right to conduct
inspections of city owned property, including vehicles, work stations, tool
boxes, desks, lockers, cabinets, and the like. Employees shall have no
expectation of privacy with regard to personal items stored in such
locations. Contraband or other evidence of illegal conduct discovered in
such locations will be turned over to appropriate law enforcement agencies
for possible criminal investigation or prosecution.
(4) Evidence of criminal conduct, other than positive test results obtained under
this policy, will be turned over to appropriate law enforcement agencies for
investigation and prosecution. By way of example only, should a supervisor
observe the distribution of a controlled substance by any employee, that
evidence shall be turned over to the appropriate police agency-
(5)
All employees and new appointees shall participate in a drug -free
workplace training program as soon as practicable following adoption of
this policy or upon commencement of employment. This training will
address the specifics of this policy as well as drug and alcohol abuse issues
in the work place.
6.11 Background Check Policy
(A) The purpose of this policy is to establish the basis and procedure for the City to
request background checks on current employees, employment candidates and
volunteers. The City enacts and implements this policy to protect the safety,
health, and security of citizens, employees, and City property.
(B) Successful completion of a background check is a condition of employment for
any employee, employment candidate or volunteer whose duties will or may
include the care, custody, or control of children.
(C) Results of the Background Investigation —
(1)
If a background check on an employment candidate reveals job related
criminal history (as determined by the Personnel Officer), the background
check custodian shall notify the employment candidate, the Personnel
Officer, the hiring department head and the Human Resource Department.
ThePersonnel Officer, in consultation with the Hiring Department Head
and if necessary, legal counsel, shall determine whether to eliminate the
employment candidate from consideration for the position.
(2) If a background check on a current employee reveals relevant, job related
criminal history, the background check custodian shall notify the
employee, the Personnel Officer, the employee's supervisor and the
Human Resource Department. The Personnel Officer, shall then determine
whether the criminal conduct violated any state law, County or City
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City of Moab Personnel Policies and Procedures Manual
(3)
ordinance, or City policies and procedures that would affect that person's
standing as an employee with the City. The City shall grant the employee
sufficient time to challenge the completeness and accuracy of the
background check as provided by this policy and as provided by law.
If the criminal conduct affects a person's status as an employee; the City
shall proceed with disciplinary action consistent with City policies and
procedures. For volunteers where the criminal conduct could affect the
person's assignment, the volunteer will be released from their volunteer
position.
(D) Record Keeping— Background Check Custodian
The Background Check Custodian shall be designated by the Personnel Officer
and shall submit a monthly log of all background checks conducted to the Human
Resources Department. The Human Resources Department shall keep a log of all
background checks on behalf of other agencies. The Human Resources
Department shall maintain, classify and retain all background check records in a
separate file consistent with City wide policies and procedures.
6.12 Policy Recardim2 Workplace Accommodation of Persons with Disabilities
In conformity with the provisions of the Americans with Disabilities Act Amendments Act of
2008 (42 U.S.C.A. 12101), it is the policy of the City of Moab not to discriminate against any
qualified individual with a disability on the basis of that person's disability with regard to job
application procedures, hiring, advancement, compensation, training, or discharge.
(A) To the extent possible, all qualification standards, tests, job descriptions, and
selection criteria shall be based upon necessary job functions. The City reserves
the right to impose qualification standards based upon reasonable and necessary
requirements for employee and work place safety.
(B) The City will attempt to make reasonable accommodations to all employees or
applicants as necessary to allow that person to perform essential job functions.
These accommodations may include, but are not limited 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 applicable 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.
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6.13 Fitness for Dutv Evaluations
Fitness for duty medical evaluations may be performed by a City approved, licensed, medical
professional, under any of the following circumstances:
• Rreturnine to work from injury or illness except as prohibited by federal law;
• Wwhen management determines that there is a threat to the health or safety of sel f or others;
• lin conjunction with corrective action, performance or conduct issues, or discipline; or
• )G when a fitness for duty evaluation is a bona fide occupational qualification for selection,
retention, or promotion.
ARTICLE VII - EMPLOYMENT PRACTICES
7.1 Anti -Nepotism Policy
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, appoint, or vote for or recomtnend the appointment
of a relative in or to any position or employment, when the salary, wages, pay, or
compensation of the appointee will be paid from public funds and the appointee
will be directly supervised by a relative, except as follows:
(B)
(3)
(4)
(5)
(I)
The appointee is eligible or qualified to be etnployed 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 merit system laws or
regulations;
(2) The appointee will be compensated from funds designated for vocational
training;
The appointee will be employed for a period of 12 weeks or less;
The appointee is a volunteer as defined by the employing entity;
The appointee is the only person available, qualified, or eligible for the
position; or
(6) The chief administrative officer determines that the public officer isthe only
person available or best qualified to perform supervisory functions for the
appointee.
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 public funds,
except as follows:
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City of Moab Personnel Policies and Procedures Manual
(I)
The relative was appointed or employed before the public officer assume
his position, if the relative's appoinunent did not violate the provisions of
this chapter in effect at the time of his appointment;
(2) The appointee is eligible or qualified to be employed by a department or
agency of the state or a political subdivision of the state as a result of his
compliance with civil service laws or regulations, or merit system laws or
regulations;
The appointee will be compensated from funds designated for vocational
training;
(3)
(4) The appointee will be employed for a period 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;
The chief administrative officer determines that the public officer is the only
person available or best qualified to perform supervisory functions for the
appointee.
(6)
(C) No appointee may accept or retain employment if he is paid from public funds, and
he is under the direct supervision of a relative, except as follows:
(1)
The relative was appointed or employed before the public officer assumed
his position, if the relative's appointment did not violate the provisions of
this chapter in effect at the time of his appointment;
(2) The appointee 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 his
compliance with civil service laws or regulations, or merit system laws or
regulations;
(3) The appointee is the only person available, qualified, or eligible for the
position;
(4) The appointee is compensated from funds designated for vocational
training;
(5) The appointee is employed for a period of 12 weeks or less;
(6) The appointee is a volunteer as defined by the employing entity; or
(7) The chief administrative officer has determined that the appointee's relative
is the only person available or qualified to supervise the appointee.
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C itv of Moab Personnel Policies and Procedures Manual
7.2 City Manager
The City Manager shall be responsible for the administration of personnel policies, and the
promulgation of additional 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.
7.3 Personnel Officer
As Personnel Officer, the City Manager shall:
(C)_
(E)
(A) Recruit candidates for vacancies for City employment.
(B) _-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.
Periodically review and recommend changes in employee benefits.
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.
1D)
Monitor recruiting and employment practices for compliance with Equal Employment -
Opportunity policies.
(F) _Monitor the grievance system.
(G) Collect information for salary surveys.
(H) Periodically update the classification plan.
( I) Keep those records that are required by state and federal law and modern
personnel practices.
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City of Moab Personnel Policies and Procedures Manual
7.4 Department Heads
Department (leads 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-time employees, exclusive of temporary or seasonal employees, in 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 regular
part-time employees before outside recruiting is commenced.- Employees are advised that
regardless of the preference granted under the upward mobility policy, employment offers
will be extended to the person who, in the judgment of the appointing authority, is best
qualified for the position.
(B) If a 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 list for a period of not
more than six (6) months, and such list may be used in conjunction with otter recruiting
procedures at the discretion of the Personnel Officer. -Placement on the eligibility list shall
in no way entitle an applicant to automatic appointment to any position.
(D) Former employees who left in good standing and with a good service record, and who
apply for positions, may be given preference over other applicants not employed by the
City, if the requirements for the position are met.
7.6 Procedures for Filling Vacancies
(A) The basis for selecting candidates for appointment and promotion in the classified service
will be witliiwi in accordance with the Equal Employment Opportunity Policy.
(B) When a position opens in a department or a need arises to create a temporary position, the
department head shall submit a request to the UR Coordinator and the Personnel
Officerper- Minimum qualifications of education and experience shall be
outlined for temporary positions.
(C) The personI-1 l , ul l t-tint Officer shall direct the I llt Coordinator to post the opening
where all City employees will be made aware of the opportunity for promotion. -A
reasonable time after the completion of the internal posting, and providing that the position
is not filled by promotion, the personnel-HIt Coordinator offieet -shall comply with
recruiting per section 7.5(B) of these rules.
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Formatted: Space Before: 0 pt, After: D pt
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City of Moab Personnel Policies and Procedures Manual
(D) Application: Applicants 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
utilizing only that information which is related to the applicant's suitability for
employment.
(E) Tests: Performance tests, medical certification for employment, school transcripts, drug
tests, and other job -related criteria may be requested from applicants in order to improve
the selection of employees. Physical, psychological evaluation, oral interviews, etc., may
also be used. These criteria will be administered equally to all applicants.
(F) Screening: The I-1R Coordinator department will screen applications to create a list of
qual_ifi-:., applicants to be interviewed. The application screening will take into
consideration job -related criteria. All new applicants may be merged with any existing
eligibility list for the screening process.
(G)
Rating: -A selection committee chosen by the department ant-.,oroked br the lilt
,ordinator will interview the applicants placed on the interview list the department
tnenlb, rr. The selection committee will use a consistent method of rating the applicants in
the interview process. After rating all the applicants, the selection committee will submit a
list of the top three (3) applicants to the department head.
(H) Selection: The department head will make a recommendation to the Personnel Officer and
IIR Coordinator from among the top three (3) applicants submitted by the selection
committee. The Personnel Officer will confer with the ' lepartintnt 11cadi IR_Coordinator
on the final hiring approval. If the departnlcl: nnel Officer and I IR Coordinator
rejects all three candidates on the list, then the position may be re -opened and new
applications may be accepted.
(I)
Appointment: The dr 10i-ink-in headli R Coordinator will notify, in writing, the pPersonnel
offi r—Oifieer of I - ' : recommendation for hire. —The 14e,. I Ilead' IR
Coordinator will extend a conditional offer of employment (as approved by the Personnel
Officer in writing) pending the pre -employment screenings. The applicant and department
head will mutually agree upon an employment starting date.
Eligibility List: Nothing in these rules shall prohibit the City from using a State of Utah
eligibility list applicable for the position that the vacancy is in. The City may, as it deems
necessary, conduct any selection procedures for the purpose of establishing or updating an
eligibility list.
7.7 Appointment of Classified Employees
(A) An appointment to the classified service of the City is an appointment to a full-time position
for an indefinite term unless otherwise specified in the appointing action.
(B) P-robationIntrocluction Period: All appointees to the classified service must serve a
probatienaf-introduction period, which is for the purpose of observing the employee's
ability, work habits and fitness for employment in the position.- During the probationary
introduction_ period the employee is entitled to no expectation of continued employment.
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City of Moab Personnel Policies and Procedures Manual
The normal period of p-robation-introduction is six (6) months for regular elossifted
employees and one (l ) year for commissioned police officers. A probation t introductory
employee may be terminated at any time during the period of probetionintroduction, with
or without cause. The pry lmti, • -introduction period may be implemented or extended
as approved by the Personnel Officer.
(C) All classified employees transferred, promoted or demoted (except jlob tTrack
pPromotions) shall be subject to the prebationuri-introductory period in the new position
unless the Personnel Officer has waived the probation -introduction period. An employee
whose service in a particular class is terminated during the promotional probtuit twy
introduction period following a promotional appointment, or whose appointment at the
conclusion thereof is not made peimanentreunl_ar, may be reinstated to his/her previous
position or a similar classification and pay glade -rank for which the employee is qualified,
provided a position vacancy exists.
(D) Employee benefits: Classified full -tinge and time employees shall be entitled to employee
benefits provided by the City. Vacation, sick leave and eligibility for retirement benefits
begin accruing at the date of employment.
(E) Non-exempt employees appointed to exempt positions shall accrue benefits based on the
years of service as an exempt employee with the exception that benefits shall not be
reduced as a result of the appointment.
7.8 Temporary Appointment
(A) Temporary appointments may be made when it is in the City's best interest.
(B)
Duration: Temporary appointments will be for a limited period of time, which \gill be
specified at the time the position is filled.- No appointment krill be for longer than the
balance of the fiscal year, except for seasonal appointments. in_, nal
per calendar ea:
(C) Benefits: Temporary appointees will not receive employee benefits except those required
by law or otherwise specified in these rules.
(D) Temporary appointees are entitled to no expectation of employment for any fixed duration,
regardless of the length of time specified at the time of appointment, and may be terminated
at any time, with or without cause.
P,:rniantnt-Reatilar_Full-time employees who take temporary positions are entitled to
receive benefits accruable under their full-time status and will be permitted to return to
their previous position at the end of the temporary appointment.
(E)
7.9 Emergency Appointment
Emergency appointments may be made by the appropriate appointing authority 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 contrary to the interest of the general public health, safety, or welfare.
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i
(_'tty of Moab Personnel Policies and Procedures Manual
7.10 Part-time Employees
A part-time employee is any employee filling a position budgeted for less than thirty (30) per week,
but not to exceed 1,508 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 eligible for any benefits of employment except those required
by law or otherwise provided in these rules.
(A) Use: -Part-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 hours 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 category shall
be recommended by the department head and approved by the City Manager.
(C) Part-time employees shall be recruited and hired through the same practices and procedures
used in recruitment and hiring of classified employees to the extent practical.
7.11 Classification
All City positions are evaluated on a set of factors (e.g., job knowledge, superv+sow-responsibility,
wee -potability -difficulty and working eettdtfiensenvironment) from which each is assigned a
relative relationship to all other City positions. -The position is then assigned a a
specific salary range is assigned and indicated on a salary plan. All • employees
receive compensation according to the classification of the position for which they are hired.
Most employees will be hired at the minimum point of the salary alelt r.uc�ec_of-the plan for their
position and they may progress through the salary range as performance and-t-inte-warrants such
advancement-Appoittt+iletll-ittu`.-t,e at- t jtrt�-hi; +te�theFrthe+rrin+nTt+}at is etpt}ri�+ec l3 the { tt}
Mintaeer.
7.12 Reclassification
Should the duties and responsibilities of a classified position change significantly. the department
head shall submit a request for re-classification. -The 1-1I: !: r_pet;a+tn•= =I shall then
perform an analysis of the position and make a recommendation to the Personnel Officer.
recommendations- to -the Fite-E=ouneil-. who shall render final -decision.
If a circumstance should arise requiring the abolition of a certain position or positions the City
cannot guarantee job security to employees affected by the action.- Where practical, based upon
fiscal considerations, employee length of service, and employee performance, the City may:
(A) Transfer the employee to a suitable open position for which he/she is qualified;
(B) Promote the employee in accordance with these policies; or
(C) Terminate the employee.
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City of Moab Personnel Policies and Procedures Manual
7.13 Grievance of Temporary and Part-time Emnlovees
Temporary, seasonal, and part-time employees may submit grievances to the proper authority
pursuant to these rules and regulations. (See Article IX - Grievances) In no case shall the
grievance procedure be available to a temporary, seasonal, or part-time employee for the purpose
of contesting a termination of employment.
7.14 Garnishments
It is the policy of the City not to become entangled in the personal financial affairs of employees.
As provided under U.C.A. 70C-7-104 the City will not terminate an employee as a result of the
issuance of a garnishment for any single judgment. -The City does reserve the right to institute
disciplinary action against an employee where the City is subject to multiple garnishments derived
from separate judgments against the employee.
7.15 Outside Employment
No classified employee, statutory appointee, or contractual employee shall engage in any outside
employment that will impair the performance of his/her duties or be detrimental to the City service.
It is absolutely necessary that an employee give priority to his/her job with the City, and if outside
work is accepted, it shall not be undertaken without the knowledge and consent of the department
head, the employee's supervisor, the I I I: . and the Personnel Officer. Any failure to
report for duty because of outside work may result in dismissal. -No Citg employee shall accept
employment with any person, firm, or corporation which contracts with the City to supply labor,
materials, commodities or services. -No gEmployee shall accept or solicit offers of employment,
offers for independent contractor services, or requests to act as a consultant by or from persons or
entities seeking licensure, regulatory approval, development authority, or similar City permits,
contracts, or concessions services without prior, written consent from the City Manager.
7.16 Prohibition Aeainst Political Activity
(A) No employee shall be an officer of a political party or hold political office within the City
government while employed with the City, provided that this section shall not apply to
voting district officers and delegates. No City employee or official shall solicit verbally or
by letter, or be in any manner concerned in obtaining any assessments, contributions, or
services for any political party from an employee in the classified service.
(B) Nothing herein contained shall be construed to restrict the right of the employee to hold
membership in, and support a political party and candidates, to maintain political neutrality,
or to attend political meetings while off -duty.
(C) Resignation shall not be necessary of a classified service employee who wishes to seek
election to a political office. However, should a classified employee be elected to a position
in City government, that employee shall resign from employment prior to taking office.
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('th of Moab Personnel Policies and Procedures Manual
7.17 Reduction -in -Force
At such time when circumstances (such as lack of funds or lack of work) dictate that there needs
to be a reduction -in -force, the Personnel Officer shall lay off the necessary number of classified or
other employees according to the affected class(es) while considering length of service and
employee performance, and in concurrence with the department head(s). -Employees on layoff will
be considered for recall before positions are open for recruiting. Unless otherwise specified, an
employee who is to be laid off will be given at least fourteen (14) days' notice prior to the effective
date of layoff, and an employee receiving such notice will be excused from the notice requirements
applicable to resignation in good standing. -Employees recalled to service will be given fourteen
(14) days in which to report back to work. -If a recalled employee can not report back to work
within that time period, the position may be opened to outside recruitment.
7.18 Transfer
A transfer is defined as a move from one department to another, and should not be confused with
the managerial function of moving personnel from one division or office to another within the
same department by promotion, demotion, or reassignment. -Transfers must be cleared with the
department heads and the personnel officer. A transferring employee must qualify for the job to
which he/she is transferring. A transferred employee shall retain all accumulated sick and annual
leave. Employees objecting to transfer are entitled to appeal rights pursuant to the procedures
defined in Section 7.22, below and Article IX of these policies.
7.19 Reassignment
Employees who are reassigned shall be paid at the same salary that they received prior to
reassignment if such salary coincides with the range of the class to which they are assigned.- If
such salary exceeds the maximum of the range for the class to which they are reassigned, they
shall receive the maximum for the class.
7.20 Promotion
Any classified employee receiving a promotion shall start on the probationary -introductory or
minimum step of the salary range of the class to which he/she is promoted, unless that salary is
equal to or lower than his/her present salary level.- If the salary level of the position promoted to
is equal to or lower than his/her present salary level, he/she shall receive the next higher step in
the grade to which he/she was promoted.- Employees shall be eligible for merit increases as
elsewhere provided.
7.21 Promotion - Job Track
To encourage the enhancement of job skills and upward mobility within a given job type, the
City has established several job tracks wherein employees are expected and encouraged to
progress through levels of the job track.- Job tracks currently include Parks Service Worker I-11-
III, Streets Service Worker I-11-III, Water -• •.r Service Worker I-II-111.. rr SCR i
1-II-111 (excluding Waste Water Treatment Plant), Mechanic I-11-II1, and Police Officer I -II -III.
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City of Moab Personnel Policies and Procedures Manual
Other job tracks may be created upon approval of the City Council. Progression along the levels
of a job track is not automatic and is subject to a posting of a promotional opportunity in the job
track, as determined by the department head. the I IR Coordinator and the Personnel Officer, the
submittal of applications letters of interest by interested persons who are in the job track,
interview and review of qualifications by the department head and FIR C . 1, and approval
of a promotion of an individual to the higher level by the Department Head. the 1 I R Coordinator
and the Personnel Officer.- Pere+l-prottioted-to-<t-hiOtzt Ve at
leash-on..;t p ilt•_ : _+t}-tkeir-rate-tit pa -Persons approved for promotion to a higher level in
a job track shall not have to satisfy a probationary -introduce period.
7.22 Separation
No classified employee shall be discharged or transferred to a position of less remuneration
because of a person's race, religion, sex, color, creed, national origin, sexual orientation, ancestry,
age, marital or veteran status, or non job related physical or mental disability , or as a result of
changes in City elected officers, the governing body, or heads of departments. -Classified
employees serve for an indefinite duration, and may be discharged at any time for causes which
include, 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,- insubordination, or the like.
Every classified employee that is discharged may seek an administrative appeal of that action, as
provided under Article IX of these policies.
7.23 Resignation
To resign in good standing, every employee must give the department head at least fourteen (14)
calendar days' prior notice, unless the department head, because of extenuating circumstances,
agrees to permit a shorter notice period. -A written resignation shall be submitted to the department
head, giving the reasons for leaving.- Failure to give the required notice may be entered in 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-
7.24 Retirement
Employees may retire from service by complying with the conditions of the retirement system. For
exempt status post -retirement employees who retired prior to August 15, 2005, the City shall make
a payment to a defined contribution plan in the same manner as provided for by Utah Retirement
System guidelines for non-exempt status post -retirement employees.
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City of Moab Personnel Policies and Procedures Manual
7.25 Statutory Appointees.
Statutory Appointees are City employees appointed by the Mayor and confirmed by action of the
Governing Body, including the Recorder, Treasurer, Public Works Director, and Police Chief.
Statutory appointees__ also dcieribed-as--departiwnt treads, are entitled to all benefits accorded
classified service employees generally with regard to pay, benefits, leave, equal employment
opportunity, and the like, except that statutory appointees are not entitled to the grievance and
discharge procedures defined in Articles VI1, VIII, and 1X, 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 6ever-t»rw-Bedr-City
Council and may be removed from office at any time, with or without cause, upon a
majority vote of the Governing BodyCity Council.- All statutory appointees are subject to
removal following any mayoral election, should the newly elected Mayor, with the advice
and consent of the Governing BodyCity Council, 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 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 merit pay
increases from time to time where warranted by the appointee's work performance, and
budgetary considerations.- The City Manager shall also report to the Mayor and the
Governing Body and make recommendations conceming any disciplinary or personnel
actions applicable to statutory appointees.
Formatted: Indent: Left: 0", First line: 0"
(C) Disciplinary authority over statutory appointees is vested solely in the action of the Mayor
and the Go+enui-vg-BodvCity Council, which may take any disciplinary action deemed
appropriate, including a written or oral reprimand, suspension, demotion, or termination.
7.26 Severance Policy - Statutory Appointees.
(A) Statutory appointees who lose re -appointment 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 appointment and in no instance
shall there be any pro -ration of benefits to include any length of service during any year
or fraction of a year, other than as expressly set forth above.
(C) Appointees who resign their employment or are terminated for cause shall not be eligible
for severance pursuant to this resolution.
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(D) Benefits shall be calculated based upon the appointee's gross rate of pay as of the date of
termination.
(E) Appointees subject to this section shall additionally be entitled to receive employee health
insurance benefits, to the extent paid by the City during the appointee's employment, for a
period of time calculated by the same formula established in this Section, for a period not
to exceed six weeks.
(F) Nothing in this Section shall be construed to alter or repeal the "at -will" status of all
statutory appointees, who shall continue to serve at the pleasure of the Mayor and the
Governing Body.
ARTICLE VIII - DISCIPLINARY PROCEDURES
8.1 Causes for Disciplinary Action
It is the responsibility of all employees to observe regulations necessary for the proper operation
of City govemment functions- AdministrntiN e pfetzectuf : •
he handling
of d+seiplinary tm_itsurzs such as Fe.pr+nraui-E17s11•;peeni , . Regardless of
the particular class of employee, or the disciplinary procedures applicable to that employee, causes
for disciplinary action shall include, but are not limited to those listed below:
(A) Insubordination or refusal to comply with a lawful instruction.
(B) Conviction of a misdemeanor or felony while an employee of
the City.
(C) Indulging in offensive, inappropriate, or demeaning conduct or using offensive language
towards the public, in public, or towards City officers or employees.
(D) Deliberate or careless conduct endangering the safety of the employee, other employees,
or the public.
(E) Inducing or attempting to induce any employee in the service of the City to commit an
unlawful act in violation of state or federal law, City regulations, official policy, or
departmental orders.
(F) Using, threatening, or attempting to use personal or political influence in 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 inefficiency in the performance of job duties.
(H) Carelessness or negligence with City monies -funds or property.
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(1) Theft, intentional destruction of, or negligent damage to City property.
(J) Intentional falsification of personnel records, time reports, or other City records.
(K) Being 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 in the performance of job duties or while on duty.
(N) Harassment, intimidation, threats, or discrimination against other employees or members
of the public on the basis of that person's age, sex, race, religion, color, national origin,
sexual orientation, gender identity, or handieapdisability.
(0) Serious or repeated violation of the other policies contained in this manual.
(P) Absence without leave, abusing leave, 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.
(T) Failure to report for work without proper notification to the supervisor.
(U) Inattentiveness to work, shoddy work, failing to start work at the designated time, quitting
work early without authorization, or leaving 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 preceding, the employee will be subject to immediate discharge or
other disciplinary action.
8.2 Verbal Warning
Whenever grounds for disciplinary action exist, and the supervisor determines that more severe
action is not immediately necessary, the supervisor should verbally communicate to the employee
the supervisor's observation of the deficiency demonstrated at the time of the action, and
subsequently document dozwn,N4atien-made of the reprimand. and place-peeethe documentation
d-in Isis-etplovee's personnel file. -Whenever possible, sufficient time for improvement should
precede formal disciplinary action.
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8.3 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.
8.4 Written Reprimands - Within 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 employee may, at the time of issuance of the third
such notice, be discharged.
8.5 Suspension
A department head, with the concurrence 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 date of the suspension, the City Manager and the employee Formatted: No underline
shall be furnished with a written copy of the 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 the approval
of the City Manager.
8.6 Demotions
A department head may, with the approval of the City Manager, demote or reduce in salary any
classified employee in the department for either the good of the service or for a disciplinary
measure for cause. -A classified employee, with the exception of an employee on probationary
status, shall have the right to appeal such action.
8.7 Discharze
A department head may, with the con;:urreftee-approval of the City Manager, discharge any
employee in the department by delivering a written notice of the reasons for discharge to the
employee concerned.- Before any employee, exclusive of temporary employees, probationary
employees, and emergency employees, is discharged, the employee shall be given an opportunity
to respond to the charges or other reasons for discharge. -Any such pre -termination meeting shall
be conducted informally with the supervisor, the employee, and the City Manager in attendance.
8.8 Grievance - RiEht to Appeal
Unless otherwise stated in these rules, classified employees subject to disciplinary action under
the 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
• { Formatted: Keep with next
9.1 Policy
The most effective accomplishment of City business requires prompt consideration and equitable
adjustment of employee grievances. It is the desire of the City to address grievances infornially,
and both supervisors and employees are expected to make every effort to resolve problems as they
arise. However, it is recognized that there will be grievances that will be resolved only after a
formal appeal and review. Accordingly, the following procedures are established.
9.2 Jurisdiction
The City may hear grievances on working 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. Grievance procedures shall not in any case
be available for review of the termination of an employee.
9.3 Grievance Procedure
Grievances shall be processed in the following manner:
(A) The aggrieved classified employee, temporary employees, or part time employee should
present the grievance to his/her immediate supervisor and attempt to seek resolution of the
problem on an informal basis. If the employee is unable to derive satisfaction from
conversations with the supervisor, or it the supervisor is the source of the 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 written grievance
shall be filed within five (5) working days of either the event giving rise to the grievance,
or the date of unsuccessful resolution with the supervisor. Failure to file a grievance within
the time provided shall result in the grievance being barred, unless the filing deadline is
extended by agreement per Section 9.4.
(B) 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 authority. The supervisor should notify the employee of the
decision within five (5) working days of receipt of the grievance.
(C) if the grievance is not resolved at the previous level, the written grievance will be referred
up the chain 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 bring about prompt and satisfactory
settlement of the grievance. All supervisors and/or department heads should address the
grievance within five (5) working days of receipt.
(D) If all attempts have failed to settle the grievance, it shall be submitted to the City Manager
for consideration. The City Manager shall render a written decision to the employee,
affected supervisors and department heads, mid the City lanattt-r-within five (5) days of
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receipt of the grievance.
(E) If the City Manager fails to settle the grievance, the aggrieved employee shall have
the right to present his/her grievance to the Employee Appeal Board. The appeal
shall be taken by filing written notice of the appeal within five (5) days after the
decision of the City Manager. Failure to timely request an appeal shall result in the
waiver of all further appeal rights.
(F) The Employee Appeal Board shall schedule a hearing with the party(ies) within fifteen
(15) days after the receipt of the grievance. The Board shall render a written decision to
the employee, affected supervisors and department heads, and the City Manager as soon
as possible following the hearing.
(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 written decision of the Employee Appeal Board. Failure
to timely request an appeal shall result in the waiver of all further appeal rights.
Stich appeal shall be heard within fifteen (15) days after receipt of the written 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 grievance not initiated or taken to the next step within the time limit 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 binding.
9.6 Appeal Procedure for Discharge or Transfer
tA ) 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 in
violation of applicable law, he or she shall have the right to appeal the discharge or transfer
to a board to be known as the Employee Appeal Board which shall consist of five members,
three of whom shall be chosen by and from the appointive officers and employees, and two
of whom shall be members of the governing body.
(11) The appeal shall be taken by filing written 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
investigation, take and receive evidence and fully hear and determine the matter that relates
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to the cause for the discharge or transfer.
(C) The employee shall be entitled to appear in person and to be represented by counsel, to
have a public hearing, to confront the witnesses whose testimony is to be considered, and
to examine the evidence to be considered by the Employee Appeal Board. 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 integrity of the proceedings and shall
not collect evidence, confer with witnesses or parties, or otherwise attempt to gather
evidence outside of the official hearing process.
(E) At the appeal hearing, 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 belief, or incident to or through changes in the elective officers,
composition of the governing body, or heads of departments.
(F) In the e1 ent the Board upholds the discharge or transfer, the officer or employee may have
fourteen ( l4) days thereafter to appeal to the governing body, whose decision shall be final.
Upon a majority vote of the governing body the discharge or transfer may be sustained or
reversed. In the event the Employee Appeal Board does not uphold the discharge or
transfer, the case shall be closed and no further proceedings shall be had.
(G) The decision of the Employee Appeal Board shall be by secret ballot, and shall be certified
to the Recorder within fifteen (15) days from the 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 his salary for the period of time during which he is discharged, or any
deficiency in salary for the period he was transferred to a position of less remuneration but
not to exceed a fifteen (15) day period. In no case shall the appointive officer or employee
be discharged or transferred, where an appeal is taken, except upon a concurrence of at
least a majority 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 concerned
reports for his assigned duties during 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 prescribed by the governing body by ordinance,
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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 appointive officers
and employees of the municipality.
ARTICLE X - MISCELLANEOUS PROVISIONS
10.1 Driver's License
All personnel who drive City equipment shall hold a valid State of Utah driver's license, of the
appropriate classification, and have the same in 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 driven home at night only upon approval of the department head or City Manager, except
that police officers who have permission to take their vehicle home may transport their children to
school on their way to the worksite. -No City employee is immune to the City's traffic ordinances,
unless operating under emergency exemptions allowed by such ordinances. -Employees who are
on an on -call status and are assigned take-home vehicles may use that vehicle for transportation
purposes, within the City, while actually engaged in on -call status. -No City vehicle is to be used
for out-of-state travel without advance approval of the department head and/or City Manager. -All
City vehicles, except authorized unmarked police vehicles, shall bear the approved decal(s)
identifying them as City of Moab vehicles.
10.3 Accidents Involving City Vehicles
In cases of accident involving City -owned vehicles, the employee shall notify the appropriate law
enforcement agency and his/her supervisor as soon as possible. Employees involved in an accident
with City -owned vehicles should not leave the scene of the accident until released by the
investigating officer/agency, nor should they move the vehicle until authorized. -They should
obtain the name and address of the involved parties and all witnesses, and should not discuss the
circumstances of the accident with anyone except the investigating officer/agency and authorized
City personnel.
10.4 Reimbursement for Travel Expenses
(A) It is the Policy of the City to pay travel -related expenses incurred for the purpose of
conducting City business for travelers within the scope of this policy. Travel must be pre -
authorized by a supervisor and must have a clear City government purpose. Any travel
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City of Moab Personnel Policies and Procedures Manual
outside the state of Utah must be approved, in advance, by the City Manager. -For the
purposes of this policy, travel to Grand Junction, Colorado will be considered in -state travel
and will not require pre -authorization of the City Manager.
This policy applies to all cCity el_mployees, eFlected and aAppointed OOfficials as well as
cGity_ aAppointed bt3oard inMembers.
(B) Travel expenses must be included in the annual budget for each department anticipating
travel, as part of the budget process. Trips that would cause the budgeted amount to be
exceeded must have the approval of the City Manager and/or City Council.
(C) Meal Allowance: -The City will compensate employees for meals while traveling through•
a peer dDiem mMeal aAllowance. -The rates and policy for mMeal aAllowances shall be
in accordance with the Utah Administrative Code Reimbursement for Meals (R25-7-6)
with the exception that meals for travel to Grand Junction, Colorado will be compensated
at the in -state rate.
(D)
Approval process: All travel must be approved by the employee's supervisor in -
advance through a tTravel rRequest. Travel ;Requests must include: 1) The purpose of the
trip; 2) aAn estimate of all costs associated with the trip; and 3) aA draft agenda or
registration form (if applicable),:
The pger dDiem allowance may be paid (in advance of travel) to the employee within two
days of receipt of an approved !Travel rRequest beige rcc-eived-by the Recorder's Office.
Expense statements must be approved by the employee's supervisor within five days of
the completion of travel and then submitted for approval to the City Manager_ Reports
combining expenses for multiple individuals must include the names and titles of those
individuals. Receipts or affidavits for expenditures shall be required for:
(I) All commercial air, railway, bus or boat transportation.
(2) All lodging.
(3) Repairs or fuel for City vehicles.
(4) All extraordinary expenses, such as purchase of incidental supplies or
publications and registration fees
(D) Transportation costs: If a commercial airline is used, tourist or economy fare must be
requested and used if available. -First class fare will be allowed only on the basis that
tourist or economy space was not available between specified points. -If railway or bus is
used, first class fare, plus necessary lower berth or roomette is allowable.- However,
coach facilities, 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 vehicle is used for long trips, reimbursement for the vehicles used,
meals and lodging required en route shall not exceed the cost of tourist or economy
airfare.- Reimbursement for the use of a personal vehicle shall be at the rate adopted
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City of Moab Personnel Policies and Procedures Manual
annually -by the state of Utah.
City employees who must use a vehicle to travel shall use a city vehicle whenever
practicable. -Use of private vehicles for city travel purposes shall be permitted when it is
advantageous to the City, and upon approval by the department head and City Manager.
Employees who chose to take a personal vehicle for city travel without appropriate
approval shall be reimbursed at the rate adopted annually by the state of Utah,
Motorcycles are not approved modes of transportation for City business and travel.
Employees will not be compensated for hours or mileage for motorcycle travel.
(E) Other costs: Toll road charges, storage charges, rental fees, taxi charges and other charges
deemed appropriate may be reimbursed when incurred while on authorized City business.
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 of the City.- Sometimes the city employee is the only contact
the private citizen has with municipal government.- Although the citizen may not always be right,
he or she does have a vested interest in 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' attire and appearance.
10.7 Management-Emplovee Cooperation
Management and employees work towards the same goal. -That goal is to bring 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
conceming methods of which 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 during the regular
workday. -Tile rest periods shall be taken at a time or times specified by either the supervisor or
department head, and shall not exceed a period of fifteen (15) minutes per rest period.
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10.9 Misrepresentation of Information
When information is received, after an employee has been appointed, that such employee
misrepresented information on an application, resume, transcript, letter of reference, or related
documents, or that the employee orally misrepresented material facts concerning his/her training,
education, work history, or the like, the employee may be separated from employment, regardless
of the time at which the false or inaccurate information is discovered.
I0.I O 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 Periodic Review of Rules
At least every three (3) years, these rules should be reviewed in total for overall application,
reasonableness and general suitability for the purpose for which they are intended. The
responsibility for the review is at the direction of City Council.
10.12 Conflict with Ordinances and Laws
Nothing in these rules shall be construed to require or permit any violation of the ordinances 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 ordinance 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 in
conduct or activity in violation of any ordinance or law.
(B) Have an interest in any contract with the City for the fumishing of supplies, materials, labor
or services, except employee services, unless such interest is fully disclosed to the City
Administration and City Council prior 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 doing City business with a municipal office or from any person
contracting with or furnishing supplies to the City. -Honorary certificates, plaques, printed
publications, educational materials, tuition and conference registration fees are exempted
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from this rule.
(F) Disclose to any bidder on a municipal contract, prior to the official opening of bids,
information concerning the bid of another person, save and except the identity of bidders.
(G) Penalize or discriminate against another employee for initiating, pursuing or assisting the
resolution of a valid grievance; or intentionally thwart, defeat or avoid the procedure
established by these rules for the resolution of grievances; or coerce, by intimidation or
otherwise, another person to file or withdraw any grievance.
(H) Engage in any act, conduct or activity which discriminates, directly or indirectly, against
any person or class of persons on the basis or race, color, religion, sex, sexual orientation,
national origin, age, marital or veteran status, or the presence of a medical condition or
disability.
10.14 Emplovee Civil Action Legal Defense, Indemnity
1 Formatted: Keep with next
(A) Civil Actions: -Pursuant to U.C.A. 63-30-36 et seq. all employees that are named as a
defendant in a civil law suit arising out of an act or omission occurring during the
performance of employee duties; within the scope of employment; or under color of
authority are entitled to legal defense by the City at no cost to the employee, provided the
employee complies with the provisions of the law.
(13) A request for indemnity shall be made by the employee in writing within ten days of the
service of the summons, complaint, or other process on the employee, or such longer period
of time as will not prejudice the ability of the City or its insurance carrier to defend the law
suit.
(C) Should an employee fail to timely request defense, or fail 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 falling
within the course and scope of employment. Alternately, the City may defend subject to a
reservation of its rights, which means that it may defend pending a determination of
whether the act or omission subject to the suit occurred during the course and scope of the
employee's duties. -If it is later determined that the act or omission did not occur as part of
the employee's official duties the City will not be obligated to pay any judgment or
settlement that results from the law suit.- In that case the employee will be responsible for
payment.
(E) Employees are advised that under state law, suits derived from an employee driving udder
the influence of alcohol or drugs, or suits in which the employee engages in intentional
misconduct, fraud, or malicious acts are not subject to defense or indemnity by the City.
(F) The City shall pay any judgment or settlement against an employee where it undertakes
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defense and that defense is not subject to a reservation of rights.
10.15 Employee Criminal Action Levi Defense Costs
(A) Criminal Actions: Pursuant to U.C.A. 63-30a-2, as amended, all employees that are named
a defendant in a criminal action are not entitled to legal defense by the City, even if the act
or omission occurred during the performance of the employee's duties, within the scope of
employment, or under color of authority. -Employees that are prosecuted for these acts
must retain and pay for their own legal counsel.- If the charge is based upon acts or
omissions occurring during the perfonmance of official duties, within the scope of
employment, or under color of authority, and the prosecution is dismissed on motion of the
defense, results in a judgment of acquittal, or if an information is quashed, the employee
may recover from the City reasonable attorney fees and court costs necessarily incurred in
the matter: However, the employee is not entitled to reimbursement of any attomey 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 -her reasonable defense costs
necessarily incurred which are attributed to the defense of the counts that were dismissed
or for which the employee was acquitted, except that if the underlying conduct is
substantially the same for both the counts resulting in conviction and the counts that are
dismissed there is no right of reimbursement at all.
(C) It is the policy of the City to reimburse 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 seriousness of the charge, the time necessary
to prepare for trial, whether or not the case went to trial, the extent of pre-trial motions and
hearings, the reasonableness of the attorney's hourly rate, and related factors. -In no
instance will the City reimburse for attorney fees in excess of $150.00 per hour, unless the
rate is approved by action of the City Council in advance. -If the City declines to reimburse,
or should it reimburse only in part, the employee will be solely responsible for payment of
any remainder. The City will not reimburse for interest on unpaid attorney fee accounts.
10.17 Acceptable Use of Information Technology Resources
Information technology resources are provided to a City employee to assist in the performance of
assigned tasks and in the efficient day to day operations of city government.
(A) Providing IT resources to an employee does not imply an expectation of privacy. City
management may:
1. View, authorize access to, and disclose the contents of electronic files or
communications, as required for legal, audit, or legitimate city operational or
management purposes;
2. Monitor the network or email system including the content of electronic messages,
including stored files, documents, or communications as are displayed in real-time
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by employees, when required for city business and within the officially authorized
scope of the person's employment.
An employee may engage in incidental and occasional personal use of IT resources
provided that such use does not:
I. Disrupt or distract the conduct of city business due to volume, timing, or frequency
as determined by the employee's supervisor or the City Manager;
2. Involve solicitation;
3. Involve for -profit personal business activity;
4. Involve actions, which are intended to harm or otherwise disadvantage the city; or
5. Involve illegal and/or activities prohibited by this rule.
6. Personal use of cell phones during work hours is at the discretion of the employee's
supervisor.
(C) An employee shall:
I . Comply with the Government Records Access and Management Act, as found in
Section 63G-2-101 et seq., Utah Code, when transmitting information with City
provided IT resources.
2. Report to the City Manager any computer security breaches, or the receipt of
unauthorized or unintended infornation.
(D) While using city provided IT resources, an employee may not:
1. Access private, protected or controlled records regardless of the electronic fonn
without management authorization;
2. Divulge or make known his/her own password(s) to another person;
3. Distribute offensive, disparaging or harassing statements including those that might
incite violence or that are based on race, national origin, sex, sexual orientation, age,
disability or political or religious beliefs;
4. Distribute information that describes or promotes the illegal use of weapons or
devices including those associated with terrorist activities;
5. View, transmit, retrieve, save, print or solicit sexually -oriented messages or images;
6. Use City -provided IT resources to violate any local, state, or federal law;
7. Use City -provided IT resources for commercial purposes, product advertisements or
"for -profit" personal activity;
8. Use City -provided IT resources for religious or political functions, including
lobbying as defined according to Section 36-1 1-102, Utah Code, and rule R623-I;
9. Represent oneself as someone else including either a fictional or real person;
10. Knowingly or recklessly spread computer viruses, including acting in a way that
effectively opens file types known to spread computer viruses particularly from
unknown sources or from sources from which the file would not be reasonably
expected to be connected with;
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11. Create and distribute or redistribute "junk" electronic communications, such as chain
letters, advertisements, or unauthorized solicitations.
10.18 Personal Blogs and Social Media Sites
(A) An employee who participates in blogs and social networking sites for personal purposes
may not:
I . Claim to represent the position of the City of Moab or a department;
2. Post the seal of the City of Moab, or trademark or logo of a department;
3. Post protected or confidential information, including copyrighted information,
confidential information received from City customers, or City issued documents
without permission from the City Manager; or
4. Unlawfully discriminate against, harass or otherwise threaten a City employee or a
person doing business with the City of Moab.
ARTICLE XI — DEFINITIONS
11.1 In General
Terms in common usage and words defined in ordinances, rules and regulations shall have the
meaning thereby defined.
11.2 Appointing Authority
The City Manager or his designated representative.
11.3 City Manager
The chief administrative officer, or a person designated or appointed by the City Council and/or
City Manager to act as City Manager in the City Manager's absence.
11.4 Classification
The assignment of an individual position to an appropriate class on the basis of the kind, difficulty
and responsibility of the work being perfonned in that position.
11.5 Class of Positions
A group of positions sufficiently alike in duties, authority and responsibility that the same may be
designated by a common title and equitably compensated from the same range of pay under
substantially the same employment conditions.
1 . I_ X.
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11.6 Class Specifications
The written description of a class of positions, including the title, a statement of the nature of the
work, examples of duties and responsibilities, and the requirements necessary or desirable for
satisfactory performance of the duties of positions in the class.
11.7 Classified Employee
A full time, non-hrobatio nctf}inu,oatr_:t, r , employee holding a classified service position who is
entitled to benefits and the limitations on discharge described in state law.- Classified employees
shall be regarded as "appointive officers and employees of a municipality" for purposes of state
law.
11.8 Classified Service
The classified service consists of the regular full-time employees, regular 3/s full time employees,
regular part -lime employe,:.,. and seasonal classified employees of the City, except the City
Manager, statutory appointees, elected officials, contractors, statutory employees, and members of
policy, advisory, review and appeal boards, or similar bodies.
11.9 Classification Title
The title assigned to any particular class, used for reference thereto.
11.10 Classification Plan
A plan used by the City for the orderly arrangement of positions in the City service.
11.11 Contractor
A person not employed by the City who contracts to perform or furnish services, materials or
anything of value.
11.12 Day
For the purpose of computing time, a period of less than seven days refers to working days, and a
period of seven days or more refers to calendar days.
11.13 Demotion
A change in appointment status to a position of less responsibility, lower classification or lower
salary. -Demotion shall not be inferred from reclassification, reassignment, transfer, or as the
incident of any personnel action taken for another purpose.
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City of Moab Personnel Policies and Procedures Manual
11.14 Department Head
The director of a department, or, in the case of an office, agency or activity not within an
established department, the person authorized by the City to administer such office, agency or
activity. -Tile term also includes any person authorized by a department head or City to act as such
director in 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 Dependents
The employee's lawful spouse (or domestic partner) and children, whether natural or adoptive,
who have not yet attained the age of 18 years and who live primarily with the employee.
11.17 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 positions.
11.18 Employee
A person performing labor or providing services to the city in exchange for pay and whose work
is subject to the direction, supervision, and control by other supervising employees or the
Governing Body of the City of Moab. —Employees do not include independent contractors
performing services or labor pursuant to a written contract.
11.19 Employee, Contractual
Contractual employees are persons who hold employment with the City under a written contract
of not less than one year.
11.20 Employee, Exempt
An employee who is exempt from the collection of overtime pay or compensatory time -off for
time worked in excess of his/her normally scheduled work time. Positions covered by this
designation include the City Manager, City Recorder, Treasurer, Public Works Director, and Chief
of Police.
11.21 Employee, Full Time
An employee who may or may not be in the classified service and who works at least 40 hours per
week and who accrues benefits under these rules in accordance with that number of hours of
weekly employment. Full time employees work at least 40 hours per week unless reporting
authorized leave.
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11.22 Employee,'/ Full Time
An employee wbo-mad o+-nxr4+He+tle-itt-t11r_zla;s+fied-serf-ie sitid who works at least 30 hours per
week and who accrues benefits under these rules in accordance with that number of hours of
weekly employment. -Ir: '/a full time employees are entitled to benefits equal to full time
employees with the exception of leave time accruals, which will be extrapolated based on the
percentage of hours worked compared to 40 hours per week.
11.23 Employee, Part-time
An employee who is -not in the cla_ „41,A s, rA-ierwho works less than { 1 9 hours per week and
who is not entitled to employment benefits except as otherwise provided in these rules.
11.24 Employee, Seasonal
A temporary employee, not in the classified service, who works during a defined period of a
calendar year, not to exceed six months.
11.25 Employee, Temporary
A person appointed to a position of limited duration, not in the classified service, and not entitled
to employee benefits except as provided in these rules.
11.26 Examination
A test or tests --verbal, written or physical designed to assist in determining the qualifications of
applicants for a particular position.
11.27 Gender
Use of the masculine term shall be deemed to include the feminine.
11.28 Grade
The identifying title or number of a range of pay for a classified position.
11.29 Grievance
A circumstance or condition thought to be unjust and grounds for complaint, concerning working
conditions, pay, City or departmental rules and regulations, or the terms and conditions of
employment.
11.30 Immediately Family
Immediate family includes the employee's parents, step-parents, children, step -children, siblings,
grandparents, and in-laws.
11.31 Personnel Officer
The title Personnel Officer shall be interchangeable with the title City Manager wherever it
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City of Moab Personnel Policies and Procedures Manual
appears in these policies.
11.32 Probation
A period of time during which an employee's performance is continually reviewed and the
employee is expected to prove fitness for continued employment.
11.33 Promotion
A change in the classification of an employee to a position of more responsibility and higher salary.
11.34 Promotion —Job Track
A promotion within a City established Job Track
11.35 Promotional Examination
An examination for positions in a particular class where admission is limited to employees who
meet the qualifications set forth in the announcement for the examination.
11.36 Ranee, Salary
The minimum and maximum rates of pay for a position.
11.37 Resienation
Voluntary separation from municipal service.
11.38 Shall and Will, May, Should, and Can
The terms "shall" and "will" are terms requiring mandatory action; "may" and "can" and "should"
are terms meaning that action is permissive and subject to the judgment of the applicable official.
11.39 Statutory Appointee
An employee, not in the classified service, appointed by the Mayor with the consent of the City
Council. -Statutory appointees include the City Recorder, Public Works Director, Treasurer, and
Chief of Police.
11.40 Supervisor
A person who exercises independent judgment and delegates administrative authority in
supervising, directing and evaluating the work of employees and who may be responsible for the
discipline of employees and the maintenance and certification of employee records.
11.41 Suspension
Temporary separation of an employee from duty, either with or without pay.
11.42 These Rules
A reference to all provisions of the City of Moab Personnel Rules and Regulations.
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11.43 Uniformed Services
The performance of duty on a voluntary or involuntary basis in a uniformed service, including:
Active duty, Active duty for training, Initial active duty for training, Inactive duty training, Full-
time National Guard duty, Absence from work for an examination to determine a person's fitness
for any of the above types of duty, Funeral honors duty performed by National Guard or reserve
members and Duty performed by intermittent employees of the National Disaster Medical System
(NDMS), which is pan of the Department of Homeland Security — Emergency Preparedness and
Response Directorate (FEMA), when activated for a public health emergency, and approved
training to prepare for such service. The "uniformed services" consist of the following: Army,
Navy, Marine Corps, Air Force, Coast Guard, Army Reserve, Naval Reserve, Marine Corps
Reserve, Air Force Reserve, or Coast Guard Reserve, Army National Guard or Air National Guard,
Commissioned Corps of the Public Health Service, Any other category of persons designated by
the President in time of war or emergency.
11.44 Vacancy, or Vacant Position
A position in the classified service that is not filled.
11.45 Work Day
The period between the beginning and end of the time scheduled for the work of an employee
within a period of 24 hours-
11.46 Working Day
A calendar day on which City offices are open for business, which is not a Saturday, Sunday or a
legal holiday. In computing any period of working days, the first day shall be excluded and the
last day included.
11.47 Work Week
The work week begins Monday 12:00 a.m., and ends on Sunday, 1 1:59 p.m.
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GAT Y O�
MOAB
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 13, 2o3.6
Agenda ltem
#:7-3
Title: Approval of Proposed Resolution #33-2016 — A Resolution Amending the Moab
Personnel Policies and Procedures Manual
Fiscal Impact: $14,180/year for the Public Works On -call policy revision
Employees currently average 60.00/ week or 8.57/day. This policy would average about
22.00/day or 154.00/week = 4,727.36 * water, streets, sewer, parks = 14,182.08
Staff Presenter: Danielle Guerrero, Deputy City Recorder/HR
Department: Recorder/Human Resources
Summary:
This revision has three parts:
1. Vacation accruals - Section 4.1(attachment 1) — It is my recommendation that the
vacation accrual schedule be revised as follows:
• Exempt and Non -Exempt employees accruals — Vacation time is currently accrued
beginning at your hire date but employees can't use the accrued time until they have
worked six months (Non -Exempt) or one year (Exempt). The proposed revision will
give employees access to vacation each pay period. This does not increase the
amount of vacation any employee would receive under the current policy, it just
changes when employees have access to the accrued vacation time.
2. On Call Policy —Section 3.9 (attachment 2) — Employees that are on call are required to
respond seven days a week 24 hours per day for a period of one week.
• The current Public Works On -Call Policy is tied to a step and grade pay chart that is
no longer being used. This Policy changes the compensation for being on call from a
weekly stipend amount roughly equal to s56.00 non -holiday weeks or $75.00 holiday
weeks to one hour of pay per day and two hours of pay per day on a holiday. A rough
estimate of the average employee is an increase of about s98.00/week when they are
on call. This change will institute an On -call policy that is consistent across
departments. This models the current Police Department On -call policy.
3. Pay Plan changes:
• Pay Plan - Section 3.4 (attachment 3) — modify section to reflect the proposed pay
for performance plan.
• Exceptions to Basic Pay Plan - Section 3.6 (attachment 3)— modify section to reflect
the proposed pay for performance plan.
• Classification - Section 7.11(attachment 4) — modify section to reflect the proposed
pay for performance plan.
1
New Business - 7-3
4. Housekeeping changes (a full copy of the manual is available in Google Drive):
• Overtime and Compensatory Time Off - Section 3.8G (attachment 2) — updated
defined list of Exempt employees to an annual adoption of Exempt Employees in
accordance with the pay plan.
• Throughout manual - Term "probation period" changed to "introductory period".
• Throughout manual - Term "permanent employee" changed to "regular employee"
• Section 7.6 Procedures for filling vacancies, Sections 7.12 Reclassification, 7.15
Outside Employment and 7.21 Promotion Job Track— Include HR Coordinator to
process to reflect current practice.
• Section 7.8 Temporary Appointment — Clarification that "no temporary or seasonal
employee may exceed 15o8 hours per calendar year".
• Section 7.16 — Remove term "City"
• Section 7.25 Statutory Appointees — remove "also described as department heads"
• Section 7.25 Statutory Appointees (A) — Change term "Governing Body" to "City
Council".
• Section 8.1 Causes for Disciplinary Action (H) — change term "monies" to "funds"
• Section 8.1 Causes for Disciplinary Action, (N) Harassment, intimidation, threats, or
discrimination against to Include "sexual orientation and gender identity"
• Section 8.2 Verbal Warning — change "and the reprimand in personnel file" to
"subsequently document the reprimand and place documentation in employee's
personnel file"
• Section 8.7 Discharge — change "concurrence" to "approval"
Options: The City Council may approve, deny or postpone this item.
Staff Recommendation: Staff recommends approval of Resolution #33-2o3.6 — A Resolution
Amending the Moab Personnel Policies and Procedures Manual
Recommended Motion: "I move to approve Resolution #33-2016 — A Resolution Amending
the Moab Personnel Policies and Procedures Manual"
Attachment(s): Resolution #33-2o16 and Personnel Policies and Procedures Manual