HomeMy Public PortalAboutResolution 21-03 Personnel Policy City of McCall
RESOLUTION 21-03
A RESOLUTION OF THE CITY OF McCALL, IDAHO, AMENDING THE PERSONNEL
POLICY MANUAL AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Personnel Policy Manual has been updated to capture relevant legal requirements
and to mirror the ICRMP recommended personnel policies; and
WHEREAS, on January 22, 2020 Governor Little signed Executive Order 2020-03 Families First
Act to be effective July 01, 2020 providing eight weeks of paid parental leave for all Idaho State
employees and encourages leaders and managers within Idaho state government to adopt
comparable policies for their employees; and
WHEREAS, the City of McCall will provide clear and consistent guidance for all employees and
managers on matters of personnel policy and compliance; and
WHEREAS, the Council adopted the current Personnel Policy Manual on July 23,2015.
NOW,THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall,
Idaho as follows:
Section 1: This Resolution repeals the Personnel Policy Manual Adopted July 23, 2015.
Section 2 Several updates have been completed in the revised Personnel Policy Manual. The
significant revisions are as follows:
1. WORKPLACE VIOLENCE — New section, describes what acts may qualify as
workplace violence and directs employees who to report violent acts to. (page 7)
2. UNLAWFUL WORKPLACE DISCRIMINATION, HARASSMENT AND
RETALIATION — Amended the definition of Legally Protect Class which has been
expanded to include pregnancy, gender identity, and sexual orientation to the standard
protection based on"Sex". (page 8)
3. PARENTAL LEAVE — New section added based on the recommendation from the
State of Idaho in 2020. Parental leave will provide up to eight weeks of paid leave for
the birth or adoption of a child. (page 26)
4. FITNESS FOR DUTY EXAMS—Combined prior policy reference into a single section
and provides specific examples of when this type of physical exam may be used. (page
32)
5. IDAHO WHISTLEBLOWER PROTECTION — New section detailing the Idaho
specific whistleblower protections, reporting options and rights under Idaho Code.
(page 32)
6. CANDIDACY FOR ELECTIVE OFFICE — New section, specifically describes the
process to follow if a current employee initiates candidacy for an elected office. (page
33)
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Resolution 21-03 Personnel Policy
January 7,2021
Section 3 This Resolution adopts the Revised Personnel Policy Manual , attached here to as
Exhibit A,which Manual shall bear the date of this resolution.
Section 4 This Resolution shall take effect and be in force from and after its passage and
approval.
Passed and approved this 7 day of January 2021.
CITY OF MCCALL
0,p "Mcc Valley County, Idaho
* Signed:
? y` Robert S. Giles, Mayor
ATTEST:
ID
BessieJo Wtfgner, Ci Clerk
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Resolution 21-03 Personnel Policy
January 7,2021
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Personnel
Approved by the City Council
Date:
Version:January 2021
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WELCOME -
It is our privilege to welcome you to City of McCall. We wish you every success in your new job,
and we hope that you quickly feel at home.This Personnel Policy was developed to describe some
of the expectations we have for all employees, and what you can expect from us. We hope that
your experience here will be challenging, enjoyable, and rewarding.
Again,welcome!
McCall City Council and City Manager
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TABLE OF CONTENTS
I. THE ORGANIZATION FOR WHICH YOU WORK ...................................................4
II. YOUR EMPLOYMENT RELATIONSHIP WITH THE CITY.......................................4
111. EMPLOYEE CODE OF CONDUCT .......................................................................5
IV. WORKPLACE VIOLENCE ............................................................................... 7
V. UNLAWFUL WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION .8
VI. GENERAL POLICIES ....................................................................................... 13
VII. EMPLOYEE DISCIPLINE ................................................................................. 14
VIII.HIRING POLICIES .......................................................................................... 16
IX. EMPLOYEE PERSONEL FILES ........................................................................ 17
X. EMPLOYEE CLASSIFICATION ........................................................................ 18
XI. COMPENSATION POLICIES .............................................................................. 20
XII. EMPLOYEE BENEFITS .................................................................................... 23
XIII.FAMILY MEDICAL LEAVE ACT (FMLA) .............................................................29
XIV.AMERICANS WITH DISABILITIES ACT (ADA) ................................................... 32
XV. FITNESS FOR DUTY EXAMS ........................................................................... 32
XVI.IDAHO WHISTLEBLOWER PROTECTION ......................................................... 33
XVII. CANDIDACY FOR ELECTIVE OFFICE ............................................................ 33
XVIII.SEPARATION FROM EMPLOYMENT ............................................................. 34
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I. THE ORGANIZATION FOR WHICH YOU WORK
Working for the City of McCall may be somewhat different from any employer for which you
may have worked in the past. The City of McCall is a political subdivision of the State of
Idaho, though it is not a part of state government. The City Council serves as the governing
body for the City of McCall,carrying out local legislative duties and fulfilling other obligations
as provided by law. The City Council is the general policymaker for the City of McCall, and
as such, has primary authority to establish terms and conditions of employment with the City
of McCall. The City Manager may designate personnel to help carry out administrative
responsibilities.
As with all elected public officials, the City Council is ultimately responsible to the voters of
the City of McCall.The terms set forth herein reflect City policy at the time of its printing,but
they are subject to change at any time, without prior notice, and at the sole discretion of the
City Council.
While the City Council has authority to establish general policy for City of McCall employees,
the City Manager has the authority to establish administrative policy. Each employee should
recognize that although he/she may serve as an employee supervised by the City Manager or a
Department Head,he/she remains an employee of the City of McCall,not of the personnel who
supervise his/her work. The terms and conditions set forth in this policy, and in the resolutions
and policy statements which support it,cannot be superseded by any other pledge,without the
express action of the City Council.That is particularly true for terms or conditions which would
establish a financial obligation for the City of McCall,now or in the future. The City Manager
may approve operational policies/practices that provide detail and direction to employees on
expectations and procedures for the City. Additionally, you may work in a department with
operational policies/practices that provide additional direction to employees on unique
department expectations and procedures.
II. YOUR EMPLOYMENT RELATIONSHIP WITH THE CITY
This Policy is designed to introduce you to the City, familiarize you with various policies,
practices and procedures currently in effect at the City,and help answer many of the questions
that may arise in connection with your employment.
This Policy is not a contract of employment and does not create a contract of employment.
This Policy does not create a contract, express or implied, guaranteeing you any specific term
of employment,nor does it obligate you to continue your employment for a specific period of
time. Its purpose is simply to provide you with a convenient explanation of present policies
and practices of the City.
All employees of the City are at-will and are employed at the discretion of the City Manager
or the head of the department in which the employee works. Only a signed written contract
authorized by the City Council can alter the at-will nature of employment regardless of
anything written or spoken by the City Manager or supervisor. Employees have no right to
continued employment or employment benefits, except as may be agreed to in writing and
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expressly approved by the City Manager. All provisions of this Policy will be interpreted in a
manner consistent with this paragraph. In the event of any irreconcilable inconsistencies, the
terms of this paragraph will prevail.
The City reserves the right to modify any of the policies, benefit offerings, and procedures,
including those covered in this Policy, at any time,without prior notice to,and consent of,city
employees. Changes may be made in the sole discretion of the City Council.
III. EMPLOYEE CODE OF CONDUCT
Employees are expected to conduct themselves in a professional manner that is both civil and
cooperative. City employees are public employees and therefore are exposed to additional
public scrutiny in both their public and personal conduct. This Code of Conduct has been
established to aid employees in understanding both expected and prohibited conduct.
Violations of the Code of Conduct will be grounds for disciplinary action up to and including
termination of employment. This list is illustrative and not all inclusive. Other behaviors and
acts of misconduct not specifically detailed here may be grounds for disciplinary action as
well.Nothing contained herein is intended to change the at-will nature of employment or limit
the reasons for which an employee may be disciplined.
A. EXPECTED CONDUCT
Each employee is expected to conduct himself/herself in a professional manner. In order
to accomplish this, each employee must:
l. Be respectful, courteous and professional. Work cooperatively and constructively with
fellow workers and members of the public to provide the highest quality and quantity
of public service.
2. Be prompt and regular in attendance at work for defined work schedules or other
required employer functions, and follow procedures for exceptions to the normal
schedules, including the scheduling and taking of vacation and sick leave.
3. Comply with dress standards established in the department for which the employee
works. Dress standards shall be set by managing personnel, but in the absence of any
departmental dress standards, clothing will be appropriate for the functions performed
and will present a suitable appearance to the public.
4. Abide by all departmental rules and direction of a supervisor whether written or oral.
No employee will be required to follow the directive of a supervisor that violates the
laws of the local jurisdiction, state or nation.
5. Maintain the confidential nature of records that are not open to the public in accordance
with the direction of the responsible official.
6. Maintain a current appropriate driver's license when work for the City requires the
employee to drive a vehicle as part of his/her responsibilities. Each such employee
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must report any state-imposed driving restrictions to his/her immediate supervisor and
notify his/her supervisor if his/her driving abilities are impaired.
7. Follow all workplace safety rules whether established formally by the department or
by outside agencies.
8. Report all accidents that occur or are observed on the job,or that involve City property,
and cooperate as requested in the reconstruction of any such accident.
9. Shall dedicate primary efforts to City of McCall employment with secondary
employment subject to approval by the City Manager; each employee must notify the
managing personnel of any other employment, self-employment, or other business
interests. Secondary employment should not conflict with duties performed for the
City in any meaningful way. Individual department rules may spell out permissible
examples of"moonlighting" wherein employees may hold additional positions.
10. Avoid conflicts of interests in appointments and working relationships with other
employees, contractors and potential contractors in the City and related agencies.
11. Adhere to any code of ethics in the employee's profession.
B. PROHIBITED CONDUCT
Employees are expected to refrain from behaviors that reflect adversely upon the City,
including:
1. Not initiate or participate, or encourage others, in acts or threats of violence, bullying,
malicious gossip, spreading of rumors,or any other behavior designed to create discord
and lack of harmony, or that willfully interferes with another employee's ability to do
his/her job.
2. Not engage in abusive conduct or language, including profanity and loud, threatening
or harassing speech,toward or in the presence of fellow employees or the public.
3. Not engage in conduct at or away from work that may reflect adversely upon the City
or its officials or otherwise impair the employee's ability to perform.
4. Not engage in prolonged visiting with co-workers,children,friends or family members
that interfere with work in the department in which the employee serves.
5. Not use work time for personal business, including the selling of goods or services to
the general public.
6. Not use phones or computers in the workplace in a manner that violates policy or that
disrupts workplace productivity, including time spent on social media.
7. Not use work time or public premises to promote religious beliefs to members of the
public or fellow employees.
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8. Not have non-City employment, or serve on any board or commission, that conflicts
with duties performed for the City in any meaningful way. Individual
offices/departments may determine permissible examples of outside employment.
9. Not knowingly make any false report or complaint regarding behavior of others or
participate in such report or complaint.
10. Not release any public record, including personnel records, without the express
authority of the public official responsible for custody of the record
11. Not use any substances, lawful or unlawful, that will impair the employee's ability to
competently perform his/her work or threaten the safety and well-being of other
workers or the public. If the employee is prescribed a medication that may impair the
employee's ability to safely do his/her job, the employee is required to provide a
physician's note explaining the possible effects of the medication on the employee's
ability to do his/her job and the length of the time that the employee will be required to
take the medication. The employee may be required to take leave while taking the
medication.
12.Not destroy, alter, falsify or steal the whole or any part of a police report or any record
kept as part of the official governmental records of the City (I.C. §§ 18-3201 and 18-
3202).
13.Not engage in political activities while on duty. This rule does not apply to Elected
Officials.
14.Not provide false or misleading information on employment applications, job
performance reports or any other related personnel documents or papers.
15.Not engage in conduct that violates the laws of the state of Idaho, including but not
limited to I.C. §18-1356 (accepting gifts that exceed a value of$50), I.C. §74-401 et
seq. (Ethics in Government Act), I.C. §74-501 et seq. (Prohibitions Against Contracts)
and I.C. §18-1359 (Using Public Position for Personal Gain).
16.Not accept gifts or gratuities in any personal or professional capacity that, although it
may be legal, could create the impression that the giver was seeking favor from the
employee or official in violation of I.C. § 18-1356 and I.C. § 18-1357.
17.Not engage in criminal conduct of any kind while on or off duty.
IV.WORKPLACE VIOLENCE
The City seeks to provide a violence-free workplace.Violence in the workplace poses a threat
to the safety of employees and the public. The City will not tolerate acts and behaviors that
are likely to result in workplace violence, including, but not limited to, abusive language,
hitting or shoving,threats of bodily harm,threats or acts of violence,brandishing of an object
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which may be used as a weapon, sending threatening, harassing or abusive e-mail or
messages,using the workplace to violate protective orders and stalking.
All employees are responsible for minimizing workplace violence. All acts or threats of
violence should be promptly reported to a supervisor, department head or the City Manager.
Employees should also report situations that they believe could lead to workplace violence,
including but not limited to protective orders or other no-contact orders.
Any employee who is determined to be responsible for acts or threats of violence, or other
conduct listed in this section,will be subject to prompt disciplinary action up to and including
termination of employment.
V. UNLAWFUL WORKPLACE DISCRIMINATION, HARASSMENT AND
RETALIATION
The City strives to maintain a supportive and civil workplace—one in which employees treat
each other with respect and dignity. In keeping with these values,the City prohibits and does
not tolerate unlawful workplace discrimination, harassment or retaliation.
The following defined terms are applicable to this section:
Legally protected class means a personal characteristic that is protected by law.This includes
race, color, national origin, religion, sex (including pregnancy, gender identity, and sexual
orientation), age(40 and over), disability, or genetic information.
Participation in the workplace includes all aspects of being an employee at the City,
including recruitment, hiring,job performance,performance reviews, training, development,
promotion, demotion, transfer, compensation, benefits, educational assistance, layoff and
recall,participation in social and recreational programs,termination and/or retirement.
A. WORKPLACE DISCRIMINATION
Workplace discrimination is when one or more persons in a legally protected class are
treated adversely with respect to their participation in the workplace. Adverse
employment actions usually involve decisions made by supervisors, department heads or
City Manager,that affect the workplace status and benefits of employees.
Illegal adverse employment actions may include, but are not limited to, not hiring a
qualified applicant due to his/her age, not promoting an employee due to his/her religious
beliefs, denying an employee a raise due to his/her race, disciplining an employee more
harshly than others due to his/her sex, and terminating an employee due to his/her national
origin.
B. WORKPLACE HARASSMENT
Workplace harassment is unwelcome conduct that is directed to one or more persons in a
legally protected class that interferes with their participation in the workplace. The
offensive conduct must be severe or recurring such that it creates a work environment that
a reasonable person would consider intimidating, hostile or abusive. Petty slights,
annoyance, and isolated incidents (unless extremely serious) will not rise to the level of
illegality.
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Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or
name calling,physical assaults or threats, intimidation,ridicule or mockery, insults or put-
downs, offensive objects or pictures.
C. WORKPLACE SEXUAL HARASSMENT
Sexual harassment is a specific type of workplace harassment. Since it is particularly
destructive to the work environment it is more thoroughly addressed here.
Sexual harassment occurs when one or more persons are subject to unwelcome sexual
advances, request for sexual favors, or other verbal, non-verbal, visual or physical
harassment of a sexual nature that is so severe or recurring such that it creates a hostile or
offensive work environment.
Sexual harassment includes sexually harassing others of the same and/or different gender,
gender identity or gender expression.
Sexual harassment is unlawful whether it involves co-workers, supervisors, department
heads, Elected Officials, or customers of the City.
Sexual harassment may include,but is not limited to:
1. Leering, making sexual gestures, or displaying derogatory and or sexually suggestive
objects,pictures, cartoons,posters or drawings;
2. Sexually degrading language, derogatory comments, epithets, slurs, sexually explicit
jokes or comments;
3. Verbal or non-verbal unwanted sexual advances or propositions;
4. Threatening or making reprisals after a negative response to sexual advances;
5. Offering employment benefits such as raises,promotions and job retention in exchange
for sexual favors;
6. Unwanted physical conduct such as touching, massaging, pinching, patting, hugging;
and
7. Physical interference with normal work or movement including impeding or blocking
movement.
D. HOSTILE WORK ENVIRONMENT
A hostile work environment is discrimination or harassment in the workplace in which
comments or conduct based on a legally protected class, unreasonably interferes with
participation in the workplace. To a reasonable person, the comments or conduct must
be severe or recurring such that it creates an intimidating or offensive work environment.
Isolated incidents, petty slights, occasional teasing or impolite behavior are generally not
sufficient to create a hostile work environment.
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Examples of a hostile work environment may include, but are not limited to, being
subjected to daily racial slurs,recurring derogatory comments about job performance based
on gender, continuous sexual advances or propositions, frequently receiving sexually
explicit emails from a coworker, physical harassment like hitting, pushing, groping and
other touching.
E. WORKPLACE RETALIATION
Workplace retaliation is when an employee is punished or negatively treated because the
employee engaged in legally protected activity, including initiating a complaint of
discrimination or harassment, providing information or assisting in an investigation or
refusing to follow orders that would result in discrimination or harassment.Retaliation can
result from employment action taken by a supervisor, department head, City Manager or
from acts of other employees.
Examples of conduct that might be considered retaliation for engaging in protected activity
include assigning the employee to less desirable tasks or shifts in the office, denying an
employee a promotion or raise, socially isolating an employee, playing practical jokes on
the employee, and allowing other employees to be critical of an employee for participating
in a workplace investigation into alleged discrimination or harassment.
F. RESPONSIBILITIES
1. Employee Responsibilities
Employees should report incidents of discrimination, harassment, sexual harassment,
hostile work environment or retaliation as soon as possible after the occurrence.
Reporting should be made to any of the following:
• Supervisor
• Department Head
• Human Resources Manager
• City Manager
If the employee's supervisor is the subject of the incident,the employee should instead
report the incident to one of the other listed individuals. Reporting should be made
regardless of whether the offensive act was committed by a supervisor, co-worker,
vendor, visitor or customer.
2. Supervisor Responsibilities
All supervisors are expected to ensure that the work environment is free from unlawful
discrimination, harassment, sexual harassment, retaliation or the development of a
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hostile work environment.They are responsible for the application and communication
of this policy within their work areas. Supervisors should:
• Encourage employees to report any violations of this policy before the harassment
becomes severe or recurring.
• Make sure the Human Resources Manager is made aware of any inappropriate
behavior in the workplace.
• Create a work environment where sexual and other harassment, discrimination,or
retaliation is not permitted.
• Correct any behaviors they observe that could constitute unlawful discrimination,
harassment, sexual harassment or hostile work environment.
• Report any complaint of unlawful discrimination, harassment, sexual harassment,
retaliation or hostile work environment to the Designated Official.
3. The City designates the Human Resources Manager, or his/her designee, as the
Designated Official who will be responsible for directing the procedures of this policy.
G. PROCEDURE FOR REPORTING AND INVESTIGATING
The following steps must be followed to report and investigate incidents of unlawful
discrimination, harassment, sexual harassment,retaliation, or the development of a hostile
work environment.
l. A person who believes he/she has been unlawfully discriminated,harassed or retaliated
against, or who observes or knows about behavior in the workplace that could be
unlawful discrimination, harassment or retaliation, should report it to the Designated
Official, his/her supervisor, department head, City Manager, or legal counsel for the
City. The individual receiving the report must then forward it to the Designated
Official. If the Designated Official is the subject of the complaint,the report must then
be forwarded to legal counsel for the City.
2. Once such a complaint has been made, the complaint cannot be withdrawn by the
complainant without a determination that is was made erroneously.
3. The Designated Official should promptly review the complaint and consult with legal
counsel for the City and the City Manager.
4. In appropriate circumstances,the person who is alleged to have committed the offense
may be placed on paid or unpaid administrative leave pending a resolution of the
allegations.
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5. The Designated Official, in consultation with legal counsel for the City,should engage
an appropriate person to investigate the complaint. The investigator should be a neutral
ply.
6. The investigator should interview the complainant, the person alleged to have
committed the offenses, and any relevant witnesses to determine whether or how the
alleged conduct occurred.
7. At the conclusion of the investigation, the investigator will submit a report of the
findings to the Designated Official,who will then route it as appropriate.
8. The Designated Official and/or the appropriate supervisors and legal counsel for the
City will meet separately with both the complainant and the person alleged to have
committed the offenses to notify them in person of the findings of the investigation.
9. The complainant and the person alleged to have committed the offenses may submit
written statements to the Designated Officials and/or supervisors challenging the
factual basis of the findings. Unless circumstances prevent, the statement must be
submitted no later than 5 working days after the meeting in which the findings of the
investigation are discussed.
10. After the Designated Official and/or supervisors have met with both parties and
reviewed the documentation, and after consultation with legal counsel for the City, a
decision will be made as to what action, if any, should be taken by the City Manager
or department head.
11. At the conclusion of this complaint procedure,the complainant should be informed that
appropriate action, if any, has been taken. Because disciplinary personnel matters are
confidential, details of the specific discipline should not be shared with the
complainant.
H. DISCIPLINARY ACTION
1. If it is determined that unlawful discrimination,harassment or retaliation has occurred,
an appropriate course of action will be taken by the City. The action will depend on
the following factors:
a. The severity, frequency and pervasiveness of the conduct;
b. The conduct of the respective employees;
c. Prior complaints made against the person alleged to have committed the
offenses; and
d. The quality of the evidence(first-hand knowledge,credible corroboration etc.).
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2. If problematic conduct is revealed in the investigation, corrective action may be taken
even if the investigation is inconclusive or if it is determined that there has been no
unlawful discrimination, harassment or retaliation.
I. CONFIDENTIALITY
Confidentiality will be maintained to the fullest extent possible in accordance with
applicable federal,state and local law. However,a complete and thorough investigation of
the allegations will require the investigator to inform witnesses of certain aspects of the
complaint in order to obtain an accurate account of the actions of the parties involved. The
City's insurer may also be engaged to assist in all phases of any proceeding or investigation.
VI. GENERAL POLICIES
A. ATTENDANCE AND PUNCTUALITY
It is important for employees to report to work on time and to avoid unnecessary absences.
The City recognizes that illness or other circumstances beyond an employee's control may
cause him/her to be absent from work from time to time. However, frequent absenteeism
or tardiness may result in disciplinary action, up to and including discharge. Excessive
absenteeism or frequent tardiness puts an unnecessary strain on co-workers and can have a
negative impact on the success of the City.
Employees are expected to report to work when scheduled. Whenever an employee knows
in advance that he/she is going to be absent,the employee should notify his/her immediate
supervisor or the designated manager. If the absence is unexpected, the employee should
attempt to reach his/her immediate supervisor as soon as possible,but in no event later than
one hour before the employee is due at work. In the event the immediate supervisor is
unavailable, the employee must speak with department head or his/her designated
representative. If the employee must leave a voicemail, he/she must provide a phone
number where the employee may be reached if need be.
B. SUBSTANCE ABUSE
The City recognizes alcohol and drug abuse as potential health, safety and security
problems. The City expects all employees to assist in maintaining a work environment free
from the effects of alcohol, drugs or other intoxicating substances. Compliance with this
substance abuse policy is made a condition of employment, and violations of the policy
may lead to discipline and/or discharge.
All employees are prohibited from engaging in the unlawful manufacture,possession,use,
distribution or purchase of illicit drugs, alcohol or other intoxicants, as well as the misuse
of prescription drugs on City premises or at any time and any place during working hours.
While we cannot control the behavior of employees off the premises on their own time,we
certainly encourage employees to behave responsibly and appropriately at all times. All
employees are required to report to their jobs in appropriate mental and physical condition,
ready to work.
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Substance abuse is an illness that can be treated. Employees who have an alcohol or drug
abuse problem are encouraged to seek appropriate professional assistance. Employees may
inform their immediate supervisor, department head,or the Human Resources Manager for
assistance in seeking help, including possible coverage under the City's medical insurance
plan,to address substance abuse.
When work performance is impaired, admission to or use of a treatment or other program
does not prevent appropriate action by the City.
C. RELATIONSHIP POLICY
Any supervisor involved in a romantic relationship with a subordinate must immediately
notify his/her superior of the existence of any such relationship. Efforts should be made to
eliminate supervisory responsibility for one who is romantically involved with a
subordinate. Employees involved in such relationship bear a responsibility to the City to
cooperate in any effort to avoid the potential conflicts that can arise from such personal
relationships in the workplace. Such relationship may result in a change of employment
duties.
D. SMOKING POLICY
The City buildings and facilities are non-smoking in accordance with state and federal
requirements. Use of tobacco products of any kind or e-cigarettes is not allowed within all
indoor spaces of the City's buildings and facilities or in City vehicles. Smoking is only
permitted outside of City buildings and facilities at least 50 feet away from entrances.
VII. EMPLOYEE DISCIPLINE
A. PERFORMANCE/DISCIPLINE FRAMEWORK
The following framework provides discipline options that may be taken when an employee
violates employment policies or fails to adequately perform his/her duties. Nothing
contained herein is intended to change the at-will nature of the employee's employment or
limit the reasons for which the employee may be disciplined, including termination of
employment. Progressive steps may be implemented in order to encourage improved
performance or attitude but are not required. The City may take any of the following
disciplinary actions, or any other action, in any order when a supervisor deems an action
or performance of the employee to be serious enough to warrant a certain discipline.
B. DISCIPLINARY ACTIONS AVAILABLE
1. The following actions are among the disciplinary actions that may be taken in response
to personnel policy violations or performance deficiencies:
a. Oral warning
b. Written warning or reprimand
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c. Suspension without pay
d. Probation
e. Demotion
f. Dismissal
2. Conditions of maintaining employment that relate to performance/behavior issues may
be established in conjunction with any of these actions.
C. OPPORTUNITY TO BE HEARD—NAME-CLEARING HEARING
1. All employees are at-will. However, an at-will public employee who is being
terminated, or demoted with a reduction in pay, based upon allegations of dishonesty,
immorality or criminal misconduct is constitutionally entitled to a name-clearing
hearing when one is requested.
2. Failure by the employee to pursue this hearing procedure constitutes a waiver of this
opportunity.
3. Issues involving dishonesty,immorality or criminal misconduct are the only issues that
will be heard in this procedure.
4. The procedure for the hearing is as follows:
a. Within 14 days of his/her termination or demotion, the employee may submit
to the City Manager a written request for a name-clearing hearing and state the
basis for it.
b. A request for hearing will be denied if the employee misses the deadline for
submittal of the request or does not state a valid reason. An employee will be
notified if a requested hearing is either granted or denied.
c. An employee granted a hearing will meet with the City Manager, or in case of
a complaint against the City Manager, the City Council. The hearing will not
exceed 1 hour in duration.
d. An audio recording of the hearing will be made and maintained as part of the
personnel record.
e. The employee's supervisor may provide a brief written statement at least 24
hours prior to the hearing. The City Manager may require the supervisor to
participate in the hearing.
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f. The employee will be provided an opportunity to present evidence upon which
the claims are based.
g. The City Manager may ask questions during this process.
h. The Idaho Rules of Evidence do not apply to this hearing.
5. After the hearing,the City Manager will consider the information submitted, and other
information as might be in the City's records, to arrive at a decision and will issue a
written statement setting forth the reasons for the decision.
VIII. HIRING POLICIES
A. EQUAL EMPLOYMENT OPPORTUNITY
1. All selection of employees and all employment decisions, including classification,
transfer, discipline and discharge, will be made without regard to race, religion, sex,
age, national origin, or non-job-related disability, or any other characteristic protected
by law. No job or class of jobs will be closed to any individual except where a mental
or physical attribute, sex or age is a bona fide occupational qualification.
2. All objections to hiring or other employment practices will be brought to the attention
of the City Manager,department head, supervisor or Human Resources Manager, or in
the case of objection to actions undertaken by any of them,to legal counsel for the City.
3. Employees can raise concerns and make reports without fear of retaliation. Anyone
found to be engaging in any type of unlawful discrimination will be subject to
disciplinary action,up to and including termination of employment.
4. The City will endeavor to make reasonable accommodations for qualified individuals
with known disabilities,unless doing so would result in an undue hardship. An
employee should advise either the department head, supervisor or Human Resources
Manager if he/she requires an accommodation to enable the employee to perform the
essential tasks of the job.
5. The City will also endeavor to make reasonable accommodations for its employees'
religious needs and practices, including those related to appearance and observance of
holidays. An employee should advise either the department head,supervisor or Human
Resources Manager if he/she requires accommodation for religious reasons.
B. PREFERENCE FOR HIRING FROM WITHIN
Qualified City employees may be given preference over outside applicants to fill vacancies
in the work force without following the notice and selection procedures normally utilized
for hiring new employees. If the internal preference process is used,it should be completed
prior to seeking outside applicants for the position.
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C. VETERAN'S PREFERENCE AND RIGHTS
1. The City will grant a preference to U.S. Armed Services veterans, or certain of his/her
family members, in accordance with provisions of Idaho Code, Title 65, Chapter 5. In
the event of equal qualifications for an available position, a veteran or family member
who qualifies for the preference will be employed.
2. Employees who are qualified veterans returning to employment with the City following
qualified military leave shall have the rights and responsibilities provided by Idaho
Code §65-508 and the Uniformed Services Employment and Reemployment Rights
Act, 38 U.S.C. §4301, et seq. The returning veteran will be restored to his/her position
with the same seniority, status and pay that he/she would have had if there had been no
military leave. In addition,in accordance with the provisions of these laws,the veteran
will not be discharged from his/her position without cause for a period of 1 year after
the restoration of his/her employment with the City.
D. NEPOTISM/HIRING OF RELATIVE
1. No person will be employed by the City when the employment would result in a
violation of provisions found in Idaho Code, including but not limited to I.C. Title 74,
Chapter 4, I.C. §18-1359 and their successors. Any employment made in violation of
these sections may be void. The appointment or employment of the following persons
is expressly prohibited:
a. No person related to the Mayor or a City Council member by blood or marriage
within the second degree will be appointed to any compensated office,position,
employment or duty; and
b. No public servant, including Elected Officials and employees, will appoint or
vote for the appointment of any person related to him/her by blood or marriage
within the second degree to any compensated office, position, employment or
duty.
c. No employee of the City shall hire, supervise, or otherwise exercise discretion
concerning a paid employee who is related to the supervisor by blood or
marriage within the second degree
2. An employee who's relative is subsequently elected may be eligible to retain his/her
position and pay increases as allowed by relevant provisions of Idaho law, including
Idaho Code § 18-1359(5).
IX. EMPLOYEE PERSONNEL FILES
A. PERSONNEL RECORDS
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1. The official employee records for the City will be kept in the Human Resources
Department.
2. The personnel files should contain records related to employee performance,employee
status, and other relevant materials related to the employee's service with the City.
3. The employee's supervisor, City Manager and the employee himself/herself may
contribute materials to the personnel files deemed relevant to the employee's
performance.
B.ACCESS TO PERSONNEL FILES
1. Only the employee's supervisors, City Manager, Human Resources staff, the City
Council when acting as a board during its official business, attorneys for the City, and
the employee are authorized to view materials in a personnel file. Access of others to
such files will be allowed only when authorized after consultation with legal counsel
for the City.
2. Information regarding personnel matters will only be provided to outside parties with
a release from the employee, when deemed necessary by legal counsel for the City, or
pursuant to a Court order or a proper subpoena.
3. The City reserves the right to disclose the contents of personnel files to outside state or
federal agencies, its insurance carrier or its carrier's agents for risk management
purposes, or when necessary to defend itself against allegations of unlawful conduct.
4. Copies of materials in an employee's personnel file are available to that employee
without charge, subject to exceptions provided by statutes.
C. MANAGEMENT OF INFORMATION IN PERSONNEL FILES
Each employee will be provided an opportunity to contest the contents of his/her personnel
file at any time, by filing a written objection and explanation that will be included in the
file along with the objectionable material. In the sole judgment of the City Manager, after
consultation with legal counsel for the City, any offending material may be removed upon
a finding by the City that it is false or unfairly misleading.In general,there is a presumption
that materials are to remain in personnel files accompanied by the employee's written
objection and explanation to provide a complete employment history. Any such approved
removal of information will be documented in writing and maintained in the employee's
personnel file.
X. EMPLOYEE CLASSIFICATION
For various reasons, employee status must be organized by classes in order to administer
employee policies, benefits or otherwise address employment issues. It is generally the
responsibility of the employee to assure that he/she is properly categorized for purposes of
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each issue or benefit type. The City will endeavor to assist with such matters, but the
employee is ultimately responsible to assure that his/her service is properly addressed.
A. EMPLOYEE CLASSIFICATION FOR EMPLOYMENT STATUS
1. All employees of the City, including part-time and temporary/seasonal employees, are
at-will employees,except as otherwise required by law or pursuant to a written contract
approved by the City Council.
2. Appointed Officials.
The city clerk, treasurer, and any other officials appointed pursuant to Idaho Code §
50-204 may only be removed pursuant to Idaho Code § 50-206.
B. EMPLOYEE CLASSIFICATION FOR BENEFIT PURPOSES
The classification of the position an employee holds with the City may affect the status of
obligations or benefits associated with his/her employment. The primary classes of
employees are:
1. Elected Officials
Elected Officials are not considered regular employees. Elected Officials receive
employment benefits by action taken by the City Council.
2. Full-Time Regular Employees
Employees whose employment is sustained and continuing and whose typical work
week consists of at least 30 hours are considered full-time regular employees.Full-time
regular employees are eligible for employee benefits provided by the City.
3. Part-Time Regular Employees
Employees whose employment is sustained and continuing and whose typical work
week consists of less than 30 hours on a regular basis are considered part-time regular
employees. Part-time regular employees may receive reduced employee benefits as
authorized by the City Manager and as required by federal and state law. Part-time
employees regularly scheduled to work at least 20 hours per week are eligible for pro-
rated vacation, holiday, and sick leave based on the number of hours normally
scheduled. The number of hours worked may also affect the employee's obligation to
participate in certain mandatory state benefit programs. Certain benefits may not be
available because qualifying thresholds have not been reached.
4. Temporary and Seasonal Employees
Employees who work on an irregular, seasonal or temporary basis are temporary
employees. Temporary employees receive no benefits provided to regular employees,
except those required by law or authorized by the City Manager. In general,Temporary
and Seasonal employees are not eligible for vacation, holiday, or sick leave. The
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number of hours scheduled, and length of employment may also affect the employee's
obligation to participate in certain mandatory state benefit programs.
XI. COMPENSATION POLICIES
A. ESTABLISHMENT OF EMPLOYEE COMPENSATION
Employees are compensated in accordance with, and subject to, decisions of the City
Council as annual budgets are set and are subject to increase, reduction, or status quo
maintenance for any time period. The City Manager or Human Resources Manager may
make suggestions about salary compensation and other pay system concerns, but the final
decision regarding compensation policy rests with the City Manager in accordance to
budget constraints approved by the City Council and applicable legal requirements. The
City Manager reserves the right to make budget adjustments, and consequently pay
adjustments, during the course of the budget year in order to manage cash flow or to deal
with other circumstances which justify or require change in City expenditures.
B. COMPLIANCE WITH STATE AND FEDERAL PAY ACTS
The City will comply with all state and federal pay acts governing compensation of its
employees.
C. RIGHT TO CHANGE COMPENSATION AND BENEFITS
The City may change general compensation for any reason deemed appropriate by the City
Council. Compensation may also be adjusted based upon job performance and the
availability of funds to maintain a solvent city budget. Hours worked may be reduced or
employees may be laid off as necessary to meet budgetary constraints or as work needs
change.
D. OVERTIME/COMPENSATORY TIME POLICY
1. In addition to the employee classifications set forth elsewhere in this policy, all
employees are classified as exempt (salaried) or non-exempt (hourly) for purposes of
complying with the federal Fair Labor Standards Act (FLSA). Exempt employees
perform work that qualifies for the professional,executive or administrative exemption
and do not qualify for overtime compensation. Employees should contact their
department head or the Human Resources Manager for further clarification of the
employee's FLSA status.
2. Overtime for non-exempt, hourly employees will be allowed only when authorized by
the appropriate supervisor or when absolutely necessary in an emergency. Employees
may not work any hours outside of their scheduled workday unless the supervisor has
given advanced authorization for the unscheduled work. Employees may not start work
early,finish work late,work during meal breaks or perform any other extra or overtime
work unless they are authorized to do so,and it is reported on the employee's timesheet.
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Any employee who fails to report, or inaccurately reports, any hours worked will be
subject to disciplinary action, up to and including termination.
3. Non-exempt employees entitled to overtime compensation will either accrue
compensatory time or overtime pay, as established by policy adopted by the City
Council. Compensatory time or overtime pay for work in excess of 40 hours per week,
or in excess of the work period interval established for law enforcement officers (29
U.S.C. § 207(k)),will be computed at 1%2 hours for each additional hour worked. The
City has set a maximum accumulation of 56 hours of compensatory time. Any
compensatory time reported over the maximum 56-hour accrual amount shall be paid
out as overtime at the computed rate of 1 % hours for each hour.
4. City Manager and/or Department Heads have the authority to require employees to use
accrued compensatory time at any time determined by the City Manager or Department
Head.
5. Employees will elect either overtime cash or compensatory time accrual upon hire.
Each year in May, employees will have the opportunity to change their annual election
and the new election will remain in place for the following 12 months.
E. REPORTING AND VERIFYING TIME RECORDS
1. Each hourly employee is responsible to timely and accurately record time that he/she
has worked in accordance with the procedures authorized by the City Manager and the
Human Resources office. Each report of non-exempt employees must be signed
manually or electronically by both the supervisor and the employee and must contain a
certification that it is a true and correct record of the employee's actual time worked
and benefits used for the time period covered. Any changes to the time record made
by a supervisor or the Human Resources office to correct mistakes must be
acknowledged by the employee. Exempt employees may be required to document time
worked or benefits used for accountability purposes.
2. Any employee concerned about his/her compensation, rate of pay, payroll status,
deductions, etc., must communicate such concerns to the Human Resources office or
their supervisor as soon as any such concern becomes evident. Documentation of any
such issue should be maintained in the employee's personnel file.
3. Employees may not falsify their own timesheet or alter another employee's timesheet
in any way. Employees must not under-or over-report hours worked by themselves or
other employees, or conceal any falsification of time records, even if instructed to do
so by a supervisor, department head, or other person. If instructed to do so, the
employee must immediately report it to the Human Resources Manager.
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F. WORK PERIODS
1. The workweek for all non-law enforcement,non-exempt employees who are subject to
the FLSA begins at 12:00 a.m. on Saturday of each week and concludes at 11:59 p.m.
of the succeeding Friday.
2. The work period for sworn law enforcement officers and firefighters may be up to the
28-day work period allowed by the FLSA, 29 U.S.C. § 207(k). City law enforcement
officers work period is 14 days coinciding with the regular bi-weekly pay structure.
G. PAYROLL PROCEDURES AND PAYDAYS
1. Employees are paid every two weeks throughout the year. Paychecks or direct deposit
receipts are issued on every other Friday. Paychecks compensate employees for work
performed in the pay period preceding the week in which the check is issued.
2. Every effort will be made to ensure that employees are paid correctly. Occasionally,
however, inadvertent mistakes can happen. Each employee must monitor the accuracy
of compensation received and review his/her paper or electronic paycheck stub when
received to make sure it is correct. Information shown on the employee's paycheck stub
is provided for information only. Actual practices regarding the issuance of paychecks
and allocation of employee benefits must be consistent with official policy of the City.
In the event of disagreement between the computer-generated paycheck stub and
official policy,as interpreted by the Human Resources Manager,the policy will prevail.
Employees are obligated to call to the City's attention any such errors, whether to the
advantage or disadvantage of the employee. When mistakes are made and are called to
the City's attention, the City will correct the mistake as soon as possible.
H. COMPENSATION WHILE SERVING ON JURY DUTY OR AS A WITNESS IN A
COURT PROCEEDING
1. The City encourages employees to fulfill their civic responsibilities by serving on jury
duty when required.Leave will be granted,and full pay provided,to employees called
to serve as a court witness in matters specifically related to City operations or called
to serve on jury duty.
2. Employees must show the jury duty summons or notice to their supervisor as soon as
possible so that the supervisor can make arrangements to accommodate their absence.
Employees are expected to report for work whenever the court schedule permits.
I. MILITARY LEAVE
An unpaid leave of absence will be granted to an employee to participate in ordered and
authorized field training in accordance with Idaho Code §§ 46-407 and 46-409, and the
Uniformed Services Employment and Reemployment Rights Act(USERRA).
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J. PAYROLL DEDUCTIONS
No payroll deductions will be made from an employee's paycheck unless authorized in
writing by the employee, or as required by law (Idaho Code § 45-609).
K.TRAVEL EXPENSE REIMBURSEMENT
An employee on approved City business will be reimbursed for expenses incurred in
completing his/her assignment in accordance with the policies established by the City
Council. Each employee is responsible for providing verified receipts for any expenses for
which reimbursement is requested.
L. ON-THE-JOB INJURIES
1. Employees are covered by worker's compensation insurance for on-the-job injuries.
All on-the-job injuries must be reported to the employee's supervisor as soon as
practicable so that a worker's compensation claim can be filed. Return to employment
will be authorized on a case-by-case basis upon receipt of medical release from a
physician outlining any work restrictions, consultation with the Human Resources
Manager, Department Head, and the State Insurance Fund; and may require a fitness
for duty medical review. Concerns associated with injured worker status may be
brought before the City Manager or Human Resources Manager for review.
2. The City will handle worker's compensation claims for sworn law enforcement officers
pursuant to Idaho Code, Title 72, Chapter 11.
XII. EMPLOYEE BENEFITS
The City offers several employee benefits for full-time and part-time regular employees.
These benefit offerings are subject to change or termination in the sole discretion of the City
Council. Each benefit offering is subject to the specific terms of its respective insurance
policy and/or official resolution of the City Council.
A. VACATION LEAVE
1. Vacation leave is available for full-time and part-time regular employees.Accrual shall
begin on the first day of regular employment but cannot be used until the employee has
completed six months of employment as a regular (not Seasonal or Temporary)
employee.
a. Regular full-time employees shall accrue vacation leave at the rates indicated
below. Vacation accrues from the start of regular employment in the following
manner:
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Years of Service Pay Period Accrual Annual Vacation Maximum Vacation
Accrual Accrual
Less than 1 year 2.16 hours 56 hours 56 hours
1 year to 5 years 3.08 hours 80 hours 160 hours
5 years to 10 years 4.62 hours 120 hours 240 hours
10 years or more 6.47 hours 168 hours 240 hours
b. Regular part-time employees shall accrue vacation at the rates described below
based on their normally schedule hours per week. Maximum accrual rates are
the same as for full-time regular employees. Vacation accrues from the start of
regular employment in the following manner:
Years of Vacation Rate Accrual per pay period
Service Normally Schedule Hours per Week
27-29/week 23-26/week 20-22/week
(75%of FT) (65%of FT) (55%of FT)
Less than 1 year 1.62 hours 1.40 hours 1.18 hours
1 year to 5 years 2.31 hours 2.00 hours 1.69 hours
5 years to 10 years 3.46 hours 3.00 hours 2.54 hours
10 years or more 4.85 hours 4.20 hours 3.55 hours
2. The portion of vacation accrual shall be posted to each employee's vacation accrual
bank each pay period. No employee may accrue more than the "Maximum Vacation
Accrual"indicated above.When an employee's accrual balance reaches the"Maximum
Vacation Accrual" indicated above, he or she would not accrue additional vacation
until the accrual bank is reduced. Vacation not earned due to maximum accrual shall
be deemed "lost", without right of compensation, and may not be later added to the
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employee's account. The City Manager may approve exceptions to permit vacation
accrual for an additional pay period. The Department Head must request the exception
in writing and must show that the employee submitted at least one written request for
vacation within the three months prior to reaching maximum accrual and vacation had
been denied due to operational requirements.
3. Non-exempt employees desiring to take leave shall submit a leave request to their
immediate supervisor in advance of the date requested. Department Heads shall
establish internal policies regarding the number of days in advance notice is required.
Leave may be taken only after written approval for use of vacation or comp time by the
responsible department supervisor.
4. Efforts will be made to accommodate the request of the employee in vacation
scheduling,but priority will be the orderly functioning of affected departments.
5. Supervisors shall not approve vacation if:
a. employee has not worked the required 6 months as a regular employee,
b. employee does not have enough vacation or comp time accrued for the absence
c. the employee's absence would create an undue hardship or require the hiring of
additional help for the department to function
d. In some circumstances the Department Head may approve up to 5 days of leave
without pay if one of the first two situations exist.
6. Upon separation from employment unused vacation leave up to the maximum
allowable accrual will be compensated by lump-sum payment at the then-current hourly
or daily rate. Vacation is not compensated at the termination of employment for
employees who do not complete six months of regular employment.
B. SICK LEAVE
1. Sick leave benefits are provided to regular full-time employees at the rate of 3.69 hours
per pay period. Sick leave begins accruing on the first day of regular employment and
is available for use immediately with no waiting period.
2. Sick leave benefits are provided to regular part-time employees on a pro-rated basis.
Sick leave begins accruing on the first day of regular employment and is available for
use immediately with no waiting period. The table below indicates sick leave accrual
based on regular part-time hours worked per week schedule.
27-29/week 23-26/week 20-22/week
(75%of FT) (65% of FT) (55%of FT)
2.77 hours per pay period 2.40 hours per pay period 2.03 hours per pay period
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3. Sick leave is a benefit to provide relief to the employee when an illness or injury
prevents the employee from working productively or safely. Sick leave may also be
used for an immediate family member's illness or injury when there is no practical
alternative for providing necessary care.
4. For purposes of sick leave, immediate family is defined as spouse, minor children,
parents, grandparents, siblings, including in-law or step relationships. Immediate
family may also be determined to include individuals where the employee has legal
guardianship or relationships that fulfill the previously defined roles by intent. If legal
association does not exist it will be necessary for the employee to provide enough
verification to the Human Resources Manager or City Manager showing that the
intended significant relationship exists and is applicable under this policy.
5. Sick leave must be requested at least within one hour of the time the scheduled work
period is to begin, unless circumstances outside the control of the employee prevent
such notice.
6. The City may request an independent review of reported illness by a competent medical
authority at the City's expense.
7. Sick leave can only be accrued up to the maximum of 720 hours. Once an employee
reaches the maximum accrual,no additional sick leave will accrue until the employee's
accrued hours are reduced below the maximum.
8. Sick leave benefit recipients will receive their normal compensation when using sick
leave. All unused sick leave will be forfeited without compensation upon separation
from employment. Employees hired before July 1, 2009 shall be compensated for
unused sick leave accrued in excess of 500 hours up to the maximum accrual upon
separation of employment.
9. Sick leave for medical and dental appointments must be requested in writing and
approved in advance in the same manner as vacation or comp time leave.
10. Employees may not combine the use of sick leave, vacation leave, comp time and
regular hours to receive more paid hours than their normal weekly pay.
C. PARENTAL LEAVE
1. In support of providing an opportunity for parents to bond and welcome a new child to
their family, the City offers paid parental leave. Parental leave is available to regular,
full-time employees, regardless of gender.
2. Parental leave refers to paid time off following the birth of an employee's natural child
or the legal placement of a child with an employee for the purposes of adoption. The
maximum amount of paid parental leave is eight(8)work weeks.
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3. Parental leave shall only be taken in a single, continuous block of time; thus,
incremental leave is not permitted.This means employees are only eligible for parental
leave one time in the 12 months following the birth/adoption date. The employee's
actual workweek counts as a week of leave regardless of the number of hours worked.
4. Employees become eligible for parental leave the first day of the month following 6
months of regular employment. The leave may be used only for the birth of the
employee's natural child or adoption of a child(up to the age of 18 years old)in order
to promote bonding with the child. When an employee is eligible for Family Medical
Leave (FMLA), paid leave under this program will run concurrently with FMLA.
FMLA eligibility does not dictate parental leave eligibility.
5. Parental leave shall be requested at least 30 days prior to the child's anticipated due
date/adoption date, absent any unforeseeable circumstances. To request parental leave,
the employee shall complete a Request for Parental Leave form and submit it to Human
Resources in accordance with the timeline specified above
C. HOLIDAYS
Ten official holidays are provided for full-time regular employees. Full-time regular
employees receive compensation for that day even though they do not work. Regular Full-
time Employees will receive 8 hours of holiday pay or an amount equal to the actual
number of hours usually scheduled on the actual day of the holiday. Regular Part-time
Employees regularly scheduled to work at least 20 hours per week will receive an amount
equal to the actual number of hours usually scheduled on the actual day of the holiday,not
to exceed 8 hours. Temporary and Seasonal Employees will receive no holiday pay.
Holidays which fall on Saturday will be observed on the preceding Friday. Those which
fall on Sunday will be observed on the succeeding Monday. The holiday schedule may be
changed at any time by the City Manager.
Unscheduled emergency work on holidays may be compensated at a rate of 1%2 times the
employee's regular rate of pay.
Recognized Holidays:
New Year's Day Labor Day
Martin Luther King, Jr./Human Rights Day Veteran's Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
D. BEREAVEMENT LEAVE
Up to 5 days of paid leave of absence shall be provided to regular employees for deaths
occurring in the employee's immediate family. Immediate family is defined as spouse,
children, parents, grandparents, grandchildren and siblings. For this policy, immediate
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family may also be determined to include individuals where the employee has legal
guardianship or relationships that fulfill the previously defined roles by intent. If legal
association does not exist it will be necessary for the employee to provide documentation
to the Human Resources Manager or City Manager showing that the intended significant
relationship exists and is applicable under this policy. If an employee has minor
child/children who experience the death of a biological parent who is no longer related to
our employee due to divorce,the employee may take up to 5 days of paid leave to provide
support to their children. Additional leave may be granted from accrued leave or unpaid
leave of absence.
E. LEAVE OF ABSENCE AND LEAVE WITHOUT PAY
The City Manager may grant up to thirty days of unpaid leave of absence for any justified
reason. Department Heads may grant up to five days of unpaid leave of absence if
circumstances warrant unpaid leave. Unpaid leave of absence shall require prior written
approval of the City Manager or Department Head depending on the length of leave. All
available and eligible paid leave(vacation, sick, comp time)must be used prior to unpaid
leave approval. Vacation and Sick Leave accrual will not be earned for any portion of any
pay period in which unpaid leave is taken if the unpaid leave extends beyond five days.
Holiday pay will not be granted while an employee is on an unpaid leave of absence
regardless of the length of unpaid leave.
F. BENEFITS FOR TEMPORARY EMPLOYEES
All temporary employees will receive benefits as required by law, including worker's
compensation insurance.
G. INSURANCE COVERAGE AVAILABLE TO EMPLOYEES
Various insurance benefits are available to regular full-time employees, City Council and
family members in accordance with the terms and conditions of the City's contract for
such services. The Human Resources office should be contacted to learn of sign-up and
claims procedures. Other insurance offerings may be available at employee or shared
expense.
H. RETIREMENT PROGRAM OFFERING
The City participates in the retirement program of the Public Employees Retirement
System of Idaho (PERSI) and with Social Security (FICA). PERSI requires the City to
withhold a percentage of an employee's gross salary for pension purposes, and to
contribute an additional larger amount on behalf of the employee. Contact the Human
Resources office for further information.
I. TRANSFER OF BENEFITS WITH EMPLOYEE TRANSFER
Accrued benefits continue when the employee transfers from one department to another
within the City. However, upon such transfer, the employee is only eligible for those
benefits authorized for the particular position and employment status.
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J. MISCELLANEOUS BENEFITS
In addition to the benefits listed on the previous pages, the following are examples of
miscellaneous benefits, subject to change in the sole discretion of the City Council, that
may be available to employees for participation in accordance with the terms of their
respective policy or agreement:
1. Deferred compensation plans handled by payroll deduction.
2. Season golf pass
3. Library card
4. Allowance for uniforms, tools, equipment, etc.
5. Voluntary supplemental insurance programs.
6. Training and higher education reimbursement or tuition refund.
XIII. FAMILY MEDICAL LEAVE ACT (FMLA)
This section contains a summary of FMLA rights and responsibilities and is not intended
to be a complete statement of all FMLA issues that may arise.Please check with the Human
Resources Manager in identifying FMLA leave issues. The US Department of Labor has
published an FMLA resource for employees: www.dol.gov/whd/fmla/employeeguide.pd
ide.pdf
It has also published a guide for employers that is also beneficial to employees:
www.dol.gov/whd/fmla/Mloverguide.pdf.
A. ELIGIBILITY REQUIREMENTS
To be eligible for FMLA benefits,prior to any leave request,the employee:
1. must have worked for the City for at least 12 months, which in some circumstances
may include separate periods of employment with the City;
2. must have actually worked at least 1,250 hours for the City during the previous 12
months; and
3. the City must employ at least 50 employees within 75 miles of the employee's
workplace measured by using available transportation on the most direct route.
B. FMLA RIGHTS
1. An eligible employee is entitled to job-protected, unpaid leave for the following
reasons:
a. birth and care of the eligible employee's child;
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b. placement for adoption or foster care of a child with the employee;
c. care of an immediate family member(spouse, child,parent)who has a serious
health condition; or
d. care of the employee's own serious health condition.
2. A "serious health condition" is a condition that requires inpatient care at a hospital,
hospice or residential medical care facility, including any subsequent period of
incapacity or treatment in connection with such inpatient care, or a condition that
requires continuing care by a licensed health care provider.
3. The employee may request up to 12 weeks of leave during a 12-month period in which
the City will continue the employee's benefits(employer portion only). The 12-month
period is determined using a "rolling" 12-month period measured backward from the
first day of the employee's FMLA leave. If the employee does not return to work at
the end of the FMLA leave for reasons other than the continued serious health condition
of the employee or eligible family member, the City may recover from the employee
the premiums that were paid for the employee's medical coverage during the FMLA
leave period.
4. Total FMLA leave for employee spouses/parents who both work for the City is 12
weeks combined if the leave is for reasons other than the employee's own personal
serious illness.
C. CONCURRENT USE OF ACCRUED LEAVE AND WORKER'S COMPENSATION
REQUIRED
1. Employees are required to use any accrued paid vacation and sick leave,paid parental
leave if eligible, and compensatory time off ("comp time") concurrently with any
FMLA leave. If the employee does not have enough accrued leave and to cover the
time out on FMLA leave, the employee may take the remainder of FMLA leave as
unpaid leave.
2. If the employee is on worker's compensation leave, such leave will also run
concurrently with any FMLA leave.
D. EMPLOYEE OBLIGATIONS
1. Employees are required to give 30 days' advance notice, or as much time as practical,
when the need for FMLA leave is foreseeable. The employee will be required to
provide medical certification by his/her physician or medical practitioner indicating the
diagnosis and probable duration of the FMLA qualifying medical condition. The City
may also require second or third opinions at the City's expense.
2. Employees who are on FMLA leave for their own serious illness for at least two weeks
are required to provide a medical practitioner's fitness for duty report prior to returning
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to work.The employee must provide his/her medical practitioner with a job description
so that the practitioner can evaluate whether the employee will be able to perform all
his/her duties on his/her return to work. FMLA leave may be denied if these
requirements are not met. The decision to allow an employee to return to work will be
solely the City's in compliance with the provisions of FMLA. If a doctor finds that the
employee is not fit to return to duty,the employee will not be allowed to return to work.
3. Employees should contact the Human Resources Manager to discuss their rights and
obligations for continuation of any current benefits they are receiving. Employees must
make arrangements for payment of their portion of their benefit costs or discontinuation
of those benefits will occur.
4. To request FMLA leave, the employee must contact the Human Resources Manager
indicating the reason for requesting FMLA leave and the expected duration of leave.
5. Employees eligible for FMLA protected leave may decline the use of such leave but
will then be subject to the attendance and leave policies of the City.
E. INTERMITTENT LEAVE REQUESTS
FMLA leave may be taken intermittently or on a reduced leave schedule with prior written
approval from the employee's supervisor or when "medically necessary." Intermittent
leave may not be used for the birth or placement of a child for adoption or foster care
without the written approval of the supervisor or City Manager.
F. EMPLOYER'S RIGHTS AND OBLIGATIONS
1. The City has the duty to notify employees of the availability of the right to FMLA
leave and to determine whether the employee is or is not an"eligible employee"
under the Act.
2. The City may require periodic notices of the employee's FMLA status and his/her
intent to return to work.
3. The City will return the employee to the same or an equivalent position after returning
from FMLA leave, subject to the terms of the FMLA. The only exception may be for
individuals who, under the provisions of the FMLA, are a "key employee" whose
extended absence would cause"substantial and grievous economic injury".
G. THE NATIONAL DEFENSE AUTHORIZATION ACT
1. The FMLA also provides an entitlement of up to 26 weeks of unpaid leave during a
single 12-month period to an eligible employee who must care for a covered service
member. A"covered service person" is a spouse, son, daughter, parent or next of kin
of the employee and has a serious injury or illness incurred in the line of duty that
renders that person unfit to perform his or her duties in the Armed Forces. If this type
of leave is requested,the City may require medical certification that the service member
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being cared for has a serious health condition and that it was incurred in the line of
duty.
2. FMLA also now provides 12 weeks of FMLA leave to an employee if his or her spouse,
son, daughter or parent has been called to active duty with the Armed Forces. No
serious medical condition is required for this type of leave. If this type of leave is
requested,the City may require certification that the service member has actually been
called to active duty.
3. The allowed length of FMLA military leave is measured from the first day of leave
taken and ends 12 months later. FMLA time already taken may be deducted from the
26 weeks of leave in some circumstances. See the Human Resources Manager to
determine available leave.
4. Employees are required to provide prior notice when the need for this type of FMLA
military leave is foreseeable.
XIV. AMERICANS WITH DISABILITIES ACT
A. ELIGIBILITY
The Americans with Disabilities Act (ADA) and the Americans with Disabilities
Amendments Act (ADAAA) prohibit employers with 15 or more employees from
discriminating against individuals with disabilities.
B. REASONABLE ACCOMMODATION
The City will reasonably accommodate qualified individuals with a disability so that they
can perform the essential functions of a job,unless:
1. doing so causes a direct threat to these individuals or others in the workplace, and the
threat cannot be eliminated by reasonable accommodation; or
2. the accommodation creates an undue hardship to the City.
Employees should contact the Human Resources Manager with any questions or requests
for accommodation.
XV. FITNESS FOR DUTY EXAMS
A. SAFE WORK ENVIRONMENT
The City is committed to maintaining a safe and productive workplace. Every employee is
required to report to work fit to perform his/her job in a safe, appropriate and effective
manner.
B. CONDITIONS FOR EXAM
The City may require a fitness for duty evaluation as part of a physical exam of the
employee to determine the employee's physical, mental and emotional readiness to
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perform the essential functions of his/her job with efficiency and safety for himself/herself
and others. Fitness for duty evaluations may be done in the following circumstances:
1. following a conditional offer of employment;
2. prior to return to work following a leave related to injury or illness;
3. when an employee expresses concern about his/her ability to perform the functions of
his/her job; or
4. when there is reasonable belief that the employee cannot safely perform the functions
of his/her job.
XVI. IDAHO WHISTLEBLOWER PROTECTION
A. SCOPE
Idaho Code,Title 6,Chapter 21,provides protections to public employees who experience
adverse employment actions as a result of the good faith reporting of the existence of any
waste of public funds, property or manpower, or of a violation, or suspected violation, of
law, rule or regulation of the City, state of Idaho or the United States of America.
B. REPORTING
Any such report must be made at a time,and in a manner,which gives the City a reasonable
opportunity to correct the waste or violation.
C. PROTECTION
The City may not take adverse action against an employee because the employee in good
faith reports the suspected waste or violation, or participates or gives information in an
investigation, hearing, court proceeding or any other form of administrative review of the
report.
D. ENFORCEMENT OF RIGHTS
If the employee believes that he/she has experienced an adverse employment action
protected by the Whistleblower Act,he/she may bring a civil action in District Court within
180 days of the occurrence of the violation of the Act.
XVII. CANDIDACY FOR ELECTIVE OFFICE
A. FIRST AMENDMENT
While the City recognizes that the First Amendment provides Constitutional protections
for the political activity of its employees, it also recognizes that this right is not absolute
when balancing the right of the individual to become a candidate for office and the City's
interest in promoting the efficiency of the public services it performs through its
employees.
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B. REASONABLE PREDICTION OF DISRUPTION
1. If an employee initiates candidacy against an Elected Official and there is a reasonable
prediction of disruption,the employee must resign or face possible employment action,
including being placed on an unpaid leave of absence or termination.
2. A reasonable prediction of disruption is based upon any of the following factors:
a. The size of the department in which the employee works—the smaller the
department, the greater the likelihood of disruption;
b. Whether the employee candidate holds a position of trust and confidence to the
incumbent—the closer the ties,the greater the likelihood of disruption;
c. Whether the employee candidate is running for a position in which he/she
would replace or become superior to his/her current supervisor—in such
circumstances the likelihood of disruption would be greater; or
d. The nature of the relationship between the employee candidate and the
incumbent and the degree of contact they have with one another—the greater
the amount of contact and interaction,the greater the likelihood of disruption.
e. Not all the above factors must be met to find a reasonable prediction of
disruption.
C. EVALUATION AND ACTION
1. The City Manager should consult with legal counsel for the City in determining
whether there exists a reasonable prediction of disruption and the appropriate
employment action to take.
2. The City Manager should set out in writing the factual basis for finding that there exists
a reasonable prediction of disruption using the above factors and his reasoning for
taking the specific action. The written findings should be provided to the employee
and placed in the employee's personnel file.
3. All other applicable procedures that allow an opportunity to be heard, as set out in this
policy, will apply.
XVIII. SEPARATION FROM EMPLOYMENT
A. REDUCTIONS IN FORCE (RIF)
When financial circumstances or changes in workload require,the City may reduce forces
in such manner as it deems necessary to maintain the effective functioning of City
services. Employee assignments may be affected by reductions in force made due to
economic conditions or to changes in staffing and work needs.The City Manager reserves
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the right to make changes in the work force or assignment of resources deemed to be in
the City's best interests.
B. COBRA BENEFITS
Employees who currently receive medical benefits and who resign or are terminated from
their employment may be eligible to continue those medical benefits at the employee's
sole cost for a limited time in accordance with the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA). Employees with questions regarding the right to
continue health coverage after termination of their employment should contact the Human
Resources office.
C. EXIT INTERVIEW
Each employee who terminates from employment is encouraged to participate in an exit
interview with the designated representative of the City. In such interview,the City should
notify the employee when certain benefits will terminate, when final pay will be issued
and review the process to receive COBRA benefits. The employee should be invited to
inform the interviewer about his/her impressions of employment. An employee exit form
may be completed and will be retained in the employee's personnel file.
D. RESIGNATION POLICY
1. Written and oral resignations are effective upon receipt by a supervisor, City Manager,
or an Elected Official. Oral resignations should be documented by the supervisor after
consultation with the City Manager or department head. Evidence of the accepted
written or oral resignation should be provided to the employee and placed in the
employee's personnel file.
2. Employees who have an unexcused or unauthorized absence of 3 or more working days
in a row may be considered to have resigned through abandonment of his/her position.
If an employee's words or actions indicate an intent to resign, including having an
unexcused or unauthorized absence of 3 or more working days in a row, the City will
consider the employee as having resigned and immediately notify him/her of such.
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APPENDIX "A"
ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF McCall PERSONNEL POLICY
I, acknowledge receipt of the City of McCall
Personnel Policy, adopted on--.
❑ I understand that it is my responsibility to read and review this Policy.
Fj I understand that I am an at-will employee of the City of McCall,that this Policy is
not an employment contract,that none of the provisions of this Policy can create a
contract and that the Policy is not a guarantee of any particular length or term of
employment.
❑ I understand that I am obligated to perform my duties of employment in
conformance with the provisions of this Personnel Policy and any additional rules,
regulations, policies or procedures imposed by the department in which I work
whether or not I choose to read the new Policy.
❑ I understand that this Policy may be modified without prior notice to me.
I understand that should this Policy be modified that I will be provided with a copy
of the modified Policy.
❑ I understand that this Policy may be provided to me in either paper format or by
electronic access.
DATED this day of , 20
(Employee)
provided a copy (either electronically or
by a er of the Ci of McCall Personnel Policy, as adopted by the City Council
on to , on this
day of 920
Traci Malvich,Human Resources Manager
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