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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) Pagel of 2 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 Page 2 of 2 Resolution 21-03 Personnel Policy January 7,2021 • 1 of M • Personnel Approved by the City Council Date: Version:January 2021 Page 1 of 36 Personnel Policy January 7,2021 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 Page 2 of 36 Personnel Policy January 7,2021 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 Page 3 of 36 Personnel Policy January 7,2021 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 Page 4 of 36 Personnel Policy January 7,2021 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 Page 5 of 36 Personnel Policy January 7,2021 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. Page 6 of 36 Personnel Policy January 7,2021 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 Page 7 of 36 Personnel Policy January 7,2021 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. Page 8 of 36 Personnel Policy January 7,2021 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. Page 9 of 36 Personnel Policy January 7,2021 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 Page 10 of 36 Personnel Policy January 7,2021 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. Page 11 of 36 Personnel Policy January 7,2021 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.). Page 12 of 36 Personnel Policy January 7,2021 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. Page 13 of 36 Personnel Policy January 7,2021 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 Page 14 of 36 Personnel Policy January 7,2021 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. Page 15 of 36 Personnel Policy January 7,2021 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. Page 16 of 36 Personnel Policy January 7,2021 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 Page 17 of 36 Personnel Policy January 7,2021 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 Page 18 of 36 Personnel Policy January 7,2021 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 Page 19 of 36 Personnel Policy January 7,2021 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. Page 20 of 36 Personnel Policy January 7,2021 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. Page 21 of 36 Personnel Policy January 7,2021 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). Page 22 of 36 Personnel Policy January 7,2021 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: Page 23 of 36 Personnel Policy January 7,2021 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 Page 24 of 36 Personnel Policy January 7,2021 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 Page 25 of 36 Personnel Policy January 7,2021 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. Page 26 of 36 Personnel Policy January 7,2021 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 Page 27 of 36 Personnel Policy January 7,2021 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. Page 28 of 36 Personnel Policy January 7,2021 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; Page 29 of 36 Personnel Policy January 7,2021 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 Page 30 of 36 Personnel Policy January 7,2021 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 Page 31 of 36 Personnel Policy January 7,2021 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 Page 32 of 36 Personnel Policy January 7,2021 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. Page 33 of 36 Personnel Policy January 7,2021 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 Page 34 of 36 Personnel Policy January 7,2021 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. Page 35 of 36 Personnel Policy January 7,2021 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 Page 35 of 36 Personnel Policy January 7,2021