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HomeMy Public PortalAboutPacket_City Council Special Meeting_05142019Tab A Agenda Tab B Personnel Policy SpeciaC City Council Meeting May 14, 2019 TAB A City of Iona Special CityCouncil Meeting NOTICE IS HEREBY GIVEN, that the Iona City Council will convene a Special Council Meeting. The meeting will be held on Tuesday, May 14, 2019 at the hour of 6:00 p.m. at the Iona City Building, located at 3 548 N. Main Street, Iona, Idaho. Agenda: 1. Welcome 2. Pledge of Allegiance 3. Items of Business a. Motion to enter Executive Session per Idaho Code § 74-206(b) 4. ADJOURNMENT Posted this 13th day of May, 2019 0 Idaho Statutes Idaho Statutes are updated to the web July 1 following the legislative session. TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 2 OPEN MEETINGS LAW 74-206. EXECUTIVE SESSIONS — WHEN AUTHORIZED. [EFFECTIVE UNTIL JULY 1, 2020] (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (c) To acquire an interest in real property which is not owned by a public agency; (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; (e) To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations; (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; (g) By the commission of pardons and parole, as provided by law; (h) By the custody review board of the Idaho department of juvenile corrections, as provided by law; (i) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement; or (i) To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code. (2) The exceptions to the general policy in favor of open meetings stated in this section shall be narrowly construed. It shall be a violation of this act to change the subject within the executive session to one not identified within the motion to enter the executive session or to any topic for which an executive session is not provided. (3) No executive session may be held for the purpose of taking any final action or making any final decision. History: [74-206, added 2015, ch. 140, sec. 5, p. 371; am. 2015, ch. 271, sec. 1, p. 1125; am. 2018, ch. 169, sec. 25, p. 377.] How current is this law? Search the Idaho Statutes and Constitution TAB 6 City of Iona Personnel Policy Approved by the City Council Date: March 12, 2019 PREFACE The purpose of this policy is to establish a safe, efficient and cooperative working environment, state the responsibilities and level of performance expected of all City employees and explain benefits provided to City employees. The policies and benefits outlined in this policy are subject to change at any time, without the consent of City employees. Changes may be made in the sole discretion of the Mayor and City Council at any time without advance notice. The Mayor, with the assistance of the City Clerk or administrative staff, will endeavor to communicate such changes to all City employees within a reasonable time after the change becomes effective. ii TABLE OF CONTENTS i I. GENERAL POLICIES A. NATURE OF EMPLOYMENT — AT -WILL 1. All employees of the City are employed on an at -will basis and as such their employment may be terminated at any time at the sole discretion of the Mayor and City Council. City Employees have no right to continued employment or employment benefits, except as may be agreed to in a separate writing and expressly approved by the Mayor and City Council. This Personnel Policy is not a contract of employment and is not intended to specify the duration of employment or limit the reasons for which an employee may be discharged. 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. Only a written contract expressly authorized by the Mayor and City Council at a lawful meeting can alter the at -will nature of employment by the City, notwithstanding anything said by an Elected Official or supervisor. 2. The provisions of the Policy are intended only as a guide for use of City supervisors and employees. No provision herein shall be construed to be contractual in nature or to impose any legal obligations or duty upon the City. B. THE ORGANIZATION IN WHICH YOU WORK 1. The City 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 of the City, carrying out local legislative duties and fulfilling other obligations as provided by law. The City Council is the general policymaking body for the City, and has primary authority to establish terms and conditions of employment with the City. The Mayor may appoint personnel to help carry out administrative responsibilities. As with all elected public officials, the Mayor and City Council are ultimately responsible to the voters of the City. 2. Each employee should recognize that although he/she may serve as an employee supervised by the Mayor or department head, he/she remains an employee of the City, and not of the official who supervises his/her work. The terms and conditions set forth in this policy, and in the resolutions and policy statements that support it, cannot be superseded by any other official's pledge, without the express action of the City Council. That is particularly true for terms or conditions that would establish a current or future financial obligation for the City. You may, however, work for an office/department with an operational policy that provides additional direction to employees on expectations and procedures unique to that office/department. 1 C. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 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 disability. Selections for employment will be based upon bona fide occupational qualifications such as the applicant's training, education, skill, qualifications, experience, integrity or character. All objections to hiring or other employment practices will be brought to the attention of the Mayor or department head or supervisor, or in the case of objection to actions undertaken by that person, to legal counsel for the City. D. VETERAN'S PREFERENCE AND RIGHTS 1. The City will accord 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 or experience for an available position, a veteran or family member of a veteran, who qualifies for the preference will be employed in preference to another person who does not qualify for the preference. 2. Any person whose absence from a position of employment with the City was necessitated by reason of service in the uniformed services shall be entitled to re- employment rights and benefits as set forth in 38 U.S.C. § 4301, et seq. E. NEPOTISM/HIRING OF RELATIVES No person will be employed by the City when the employment would result in a violation of Idaho Code § 59-701 et seq., I.C. § 18-1359 and their successors. Any such employment made in violation of these sections may be void. The appointment or employment of the following persons is prohibited: 1. No person related to the Mayor or a City Council member by blood or marriage within the second degree of consanguinity ("Closely Related Relative") will be appointed to any compensated office, position, employment or duty; and 2. 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. This means no one related within the second degree to anyone involved in any way in the hiring process can be hired and/or that no one related to an applicant within the second degree can take part in the hiring process. An employee whose Closely Related Relative is subsequently elected to public office as a member of the City Council will remain eligible to retain his/her position and eligible for pay increases as allowed by relevant provisions of Idaho law, including Idaho Code § 18-1359(5). 2 F. 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 required for hiring new employees. If the internal preference process is used, it should be completed prior to seeking outside applicants for the position. II. EMPLOYMENT START-UP A. EMPLOYMENT FORMS TO BE COMPLETED The following forms must be completed before the employee begins work for the City: 1. Employment application form. 2. Insurance forms (if coverage is available to and selected by the employee). 3. Immigration form (I-9). 4. Any other benefit forms necessary for employee information (W-4.) B. EMPLOYEE PERSONNEL FILES 1. Personnel Records. Employee personnel records for the City will be kept in the Office of the City Clerk. The personnel files will contain records related to employee performance, employee status, and other relevant materials related to the employee's service with the City. The employee's supervisor, elected officials or the employee himself/herself may contribute materials to the personnel files deemed relevant to the employee's performance. 2. Access to Personnel Files. To the extent permitted by law, only the employee's supervisors, the Mayor, the City Council when acting as a body in the course of its official business, attorneys for the City and the employee are authorized to view materials in a personnel file. Notwithstanding the foregoing, an employee is entitled to inspect and copy his or her personnel file during normal working hours. Access of others to such files will be allowed only with authorization of the supervising official after consultation with legal counsel for the City. 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. 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. 3. 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 3 filing a written objection and explanation that will be included in the file along with the objectionable material. In the sole judgment of the supervising official, after consultation with legal counsel for the City, any offending material may be removed upon a finding by the City Attorney 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. III. RULES OF EMPLOYEE CONDUCT A. EMPLOYEE MISCONDUCT Violation of any of the rules set forth below will be grounds for disciplinary action including possible dismissal from employment. However, this list is illustrative and not all-inclusive and other behaviors and acts of misconduct not specifically set out below may be grounds for disciplinary action or discharge as well. Nothing contained herein is intended to change the at - will nature of the employee's employment with the City or limit the reasons for which the employee may be disciplined, including termination of the employment. B. PERSONAL CONDUCT Each employee is expected to conduct himself/herself in a manner that is helpful and productive and that does not reflect adversely upon the City. Public employees are subject to additional public scrutiny in their public and personal lives because the public's business requires the utmost integrity and care. Each employee is expected to scrupulously avoid personal behaviors that would bring unfavorable public impressions upon the City and its officials. In order to accomplish this, each employee must: 1. Work cooperatively and constructively with fellow workers and members of the public to provide public service of the highest quality and quantity. THIS IS THE FIRST PRIORITY FOR ALL EMPLOYEES. 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 reasonable and lawful dress standards established in the office/department for which the employee works. In the absence of any office/departmental dress standards, clothing will be clean, neat and appropriate for the functions performed and will present a suitable appearance to the public. Reasonable accommodations will be made in order to accommodate bona -fide religious belief. 4 4. Not engage in criminal conduct of any kind while on or off duty. City employees are expected to behave in a lawful manner and failure to do so is a violation of the trust placed in such employees by the public and the appointing official. 5. Not engage in conduct away from work that, although not criminal, may reflect adversely upon the City or its officials or otherwise impair the employee's ability to perform. 6. Avoid conflicts of interests in appointments and working relationships with other employees, contractors and potential contractors in the City and related agencies. 7. 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. §59- 701 et seq. (Ethics in Govertnnent Act), I.C. §59-201 (Prohibitions Against Contracts) and I.C. § 18-1359 (Using Public Position for Personal Gain). 8. Not accept gifts or gratuities in any personal or professional capacity that could create the impression that the giver was seeking favor from the employee or would violate I.C. § 18-1356 and I.C. § 18-1357. 9. Not engage in workplace or public conduct otherwise detrimental to the accomplishment of the goals established by the Mayor, City Council or the office/department for whom he/she works. 10. Give his/her best efforts to accomplish the work of the City for public benefit in accordance with policies and procedures adopted by the Mayor and City Council and elected officials and displaying an attitude of cooperation and constructive participation. 11. Be subject to the administrative authority of the officials who supervise the office/department where the employee works. 12. Abide by all office/departmental rules whether written or oral. No employee will be required to follow the directive of a supervisor that violates laws of any local jurisdiction, the state, or nation. 13. Perform such obligations as are necessary to carry out the work of the City in an efficient and effective manner at minimal costs and with limited risk to the public and fellow workers. 14. Not sleep or be absent from the employee's work station when on duty. Employees must be attentive to their work at all times. 15. Not engage in malicious gossip, spread rumors, engage in behavior designed to create discord and lack of harmony, willfully interfere with another employee's work output or encourage others to do the same. 5 16. Not unlawfully harass a fellow worker employee or member of the public, as outlined in the City's Workplace Discrimination, Harassment and Retaliation Policy. 17. Not discriminate in the treatment of fellow employees or members of the public on the basis of race, religion, gender, age, disability or national origin. 18. Not engage in abusive conduct to fellow employees or the public, or use abusive language in the presence of fellow employees or the public. Abusive language will include profanity and foul, loud, threatening or harassing speech. 19. Follow all rules for care and use of public property to assure that the public investment in such property is protected and that the safety of the public and other workers is maintained. 20. Not use any prescription drug or controlled 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. Should the employee be prescribed a lawful substance 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. 21. Follow the rules regarding the reporting of work hours and comply with the City's procedures for approval of time -keeping records. 22. Follow rules and schedules for breaks and lunch periods. 23. Report all accidents that occur or are observed on the job, or are on or involve City property, and cooperate as requested in the reconstruction of any such accident. 24. Follow all workplace safety rules whether established formally by the office/department or by outside agencies. Employees are encouraged to suggest ways to make the workplace or work procedures safer. 25. 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 must report any state -imposed driving restrictions to his/her immediate supervisor and notify his/her supervisor if his/her driving abilities are impaired. 26. Not serve on any board or commission that regulates or otherwise affects the official duties or personal interests of the employee in a way that could create disadvantage for other members of the public or advantage for the employee. 6 27. Not have non -City employment that conflicts with duties performed for the City in any meaningful way. Individual offices/departments may determine permissible examples of outside employment. 28. Not release any public record, including personnel records, without the express authority of the public official responsible for custody of the record, after consulting with legal counsel for the City or without an order from a court or public agency of competent jurisdiction. 29. Maintain the confidential nature of records that are not open to public scrutiny in accordance with the direction of the responsible official. 30. Not use work time for personal business, including the selling of goods or services to the general public. 31. Adhere to any code of ethics in his/her profession. 32. Not engage in political activities while on duty or use City computers, copiers, fax machines or internet or network equipment for the purpose of promoting any candidate for public office or any political issue. 33. Not provide false or misleading information on employment applications, job performance reports, or any other related personnel documents or papers. 34. 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). 35. Not use City -owned phones, computers, copiers, internet connection or office equipment for personal or commercial use in a manner that violates state law or that disrupts workplace activities or significantly disrupts workplace efficiency or production. 36. Not abuse employee benefit offerings by taking unjustified sick leave, unearned vacation, participating in a scheme designed to create incorrect personnel records or to claim benefits that are not deserved in accordance with City policy. 37. Not violate rules concerning absence from the workplace without proper authorization. 38. Not engage in prolonged visits with co-workers, children, friends or family members that interfere with work in the office/department in which the employee serves. 39. Not use work time or public premises to promote religious beliefs to members of the public or fellow employees. 7 40. Not view, display, distribute or download obscene or nude images of the human body while on duty or use, exhibit or display sexual paraphernalia while on duty. C. RELATIONSHIP POLICY Personal relationships are a vital part of most people's lives. When personal relationships intersect with employment, an employer may become entangled with the consequences of the choices that employees make. The City has no desire to become involved in such matters. Accordingly, these rules serve as a basic guide to family and romantic relationships in the City's workplace: 1. No person related to the Mayor or a City Council member by blood or marriage within the second degree of consanguinity may be hired as a paid employee of the City. 2. No employee of the City will hire, supervise or otherwise exercise discretion concerning a paid employee who is related to the supervisor by blood or marriage within the second degree of consanguinity. 3. 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. Failure to promptly report such personal relationships may be grounds for disciplinary action, including termination of employment. Such relationship may result in a change of employment duties, location, compensation and/or benefits. D. CANDIDACY FOR ELECTIVE OFFICE 1. 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. 2. If an employee initiates candidacy against an Elected Official for whom he/she is a subordinate and there is a likelihood of disruption in that official's office, the employee must immediately resign or face possible termination, if another temporary and suitable job assignment cannot be found. 3. A reasonable prediction of disruption is based upon any of the following factors: a. The size of the office in which the employee works —the smaller the office, the greater the likelihood of disruption; 8 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 of the above factors must be met in order to seek resignation or termination of the employee. 4. If the official determines that there exists a reasonable prediction of disruption should the employee remain employed with the City and the employee refuses to resign, he/she may be terminated. The official should set out in writing the factual basis for finding that there exists a reasonable prediction of disruption using the above factors. The written findings should be provided to the employee, placed in the employee's personnel file and be made a part of the official record. All other applicable procedures that allow an opportunity to be heard, as set out in this policy, will apply. IV. EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS For varied 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 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. CLASSIFYING EMPLOYEES FOR POLICY PURPOSES 1. Employment Status. a. All employees of the City, including part-time, seasonal, and temporary employees, are AT -WILL EMPLOYEES, except as otherwise provided by law or pursuant to a written contract approved by the Mayor and City Council. b. Appointed Officials. The city clerk, treasurer and other officials appointed pursuant to Idaho Code § 50-204, may only be removed pursuant to Idaho Code § 50-206. Such appointed officials shall otherwise be subject to the 9 provisions of this Policy, provided they meet the definition of a full-time employee or part-time regular employee. 2. 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: a. Elected Officials. Elected officials are not considered regular employees. Elected Officials receive employment benefits as identified in a resolution adopted by the City Council. b. Appointed Officers. Appointed officers shall not be considered as an employee of the City, unless they meet the definition of a full-time regular employee or a part-time regular employee. c. 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 as provided by and expressly approved by the City Council. d. 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 Council and as required by federal and state law. The scope of benefits received may vary proportionately with the number of hours typically worked for a part-time regular employee. 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. e. Temporary 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 those approved by official action of the City Council. f. Contract Counsel and Independent Professionals. Contract legal counsel or any other professional contractor (e.g. accountant, consultant, engineer, architect, etc.), shall not be considered as an employee unless appointed as a public officer in the manner provided by law and he or she also meets the definition of a full-time or part-time regular employee of the City. 10 B. COMPENSATION POLICIES 1. Establishment of Employee Compensation. Employees are compensated in accordance with, and subject to, decisions of the Mayor and City Council as annual budgets are set and are subject to increase, reduction, or status quo maintenance for any time period. The Mayor or department head may make suggestions about salary compensation and other pay system concerns, but the final decision regarding compensation policy rests with the City Council. 2. Compliance with State and Federal Pay Acts. The City will comply with all state and federal pay acts governing compensation of its employees. 3. Right to Change Compensation and Benefits. The Mayor may change employee compensation for any reason deemed appropriate, subject to prior appropriation and budgeting control 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. 4. Overtime/Compensatory Time Policy. a. In addition to the employee classifications set forth elsewhere in this policy, all employees are classified as exempt (salaried) or nonexempt (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 your office/department supervisor or the Human Resources Office for further clarification of the employee's FLSA status. b. Overtime for non-exempt, hourly employees will be allowed only when authorized by the appropriate supervisor or when absolutely necessary in an emergency. 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 or will be computed at 11/2 hours for each additional hour worked. c. Compensatory time may be used whenever required by a supervisor or when requested by an employee with the concurrence of a supervisor. Use of requested compensatory time will depend upon the ability of the office/department to tolerate a requested absence. If repeated requests to use compensatory time are denied by a supervisor, or reasonable opportunities to use such time are unavailing, an employee must be paid for such accrued time. 11 5. Reporting and Verifying Time Records. a. Each hourly employee is responsible to timely and accurately record time that he/she has worked in accordance with the established procedures. 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. Exempt employees may be required to document time worked or benefits used for accountability purposes. b. Any employee concerned about his/her compensation, rate of pay, payroll status, deductions, etc., must communicate such concerns to the payroll office or his supervisor as soon as any such concern becomes evident. Documentation of any such issue should be maintained in the employee's personnel file. 6. Work Periods. a. The normal work week for all non -law enforcement, non-exempt employees who are subject to the FLSA begins at 12:00 a.m. on Sunday of each week and concludes at 11:59 p.m. of the succeeding Saturday. b. The work period for sworn law enforcement officers may be up to the twenty-eight (28) day work period allowed by the FLSA, 29 U.S.C. § 207(k). c. Despite the foregoing, the work period may be altered or changed administratively by the Mayor. 7. Payroll Procedures and Paydays. a. Employees are paid bi-weekly throughout the year. Paychecks are issued on every other Monday. Paychecks compensate employees for work performed in the pay period preceding the week in which the check is issued. b. Each employee must monitor the accuracy of compensation received. 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 Mayor and City Council, 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. 12 8. Compensation while Serving on Jury Duty or as a Witness in a Court Proceeding. 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. If any employee is called to serve as a juror, the City may reduce the paid leave provided by this section by the amounts paid directly to the employee by the Court for such service. 9. 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 409, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). 10. 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). 11. 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 Mayor. Each employee shall provide copies of receipts or other written proof of any expenses for which reimbursement is requested, prior to and as a condition for payment of such reimbursement. 12. On -the -Job Injuries. a. As a general rule, 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. Employees shall have the duty to ensure a claim is timely and properly filed with the City worker's compensation insurance carrier. Return to employment will be authorized on a case -by - case basis in consultation with the supervising official 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 appropriate Elected Official for review. b. Worker's compensation claims for sworn law enforcement officers will be administered and filed as provided by Idaho Code, Title 72, Chapter 11. C. EMPLOYEE BENEFITS The City offers a number of 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 Mayor and City Council. Each benefit offering is subject to the specific terms of its respective insurance policy and/or official resolution of the City Council. 13 1. Personal Leave. a. Personal Leave is available to full-time and part-time regular employees who have completed the equivalent of 3 months of employment. Personal Leave may be used, without designation, for any personal purpose (e.g., vacation, sick leave, family leave, etc.). Full-time employees will start off with two weeks (80 hrs.) of Personal leave and accrue that much leave on January 1st of each year thereafter. Full-time employees will accrue this amount of Personal Leave, plus one additional day (8 hrs.) for each year of full-time employment after the first. Part-time employees (employees who work over 20 hrs. per week) will start off with one week of personal leave. Each year you will receive hours to be added on based on how many hours worked per week as stated in employee's contract. No more than 40 hrs. of Personal Leave may be carried over into the next calendar year. At the end of each calendar year, the City will compensate each employee for the amount of Personal Leave over 40 hours held by that employee. b. Personal leave is to be scheduled with consent of the responsible office/department supervisor. Efforts will be made to accommodate the preference of the employee in vacation scheduling, but first priority will be the orderly functioning of affected office/departments. Upon separation from employment, unused personal leave up to 80 hrs. will be compensated by lump -sum payment at the then -current hourly or daily rate. 2. Holidays. Ten official holidays are provided for full-time regular employees. Full-time regular employees and permanent part-time employees receive compensation for that day even though they do not work. Permanent part-time employees receive compensation for holidays but for fewer paid hours per employee contract. Holidays which fall on Saturday will be observed on the precedent Friday. Those which fall on Sunday will be observed on the succeeding Monday. The holiday schedule may be changed at any time by the Mayor and City Council. Full-time regular employees who work on holidays will be scheduled to receive a substitute holiday with pay within sixty (60) days of the date of the holiday they worked. Unscheduled emergency work on holidays will be compensated at a rate of one and one-half (11/2) times the employee's regular rate of pay. Floating Holidays to be used at employee's preference. Recognized Holidays: New Year's Day Labor Day Martin Luther King, Jr./Human Rights Day Veteran's Day Columbus Day (floating Holiday) Thanksgiving Day 14 Presidents' Day (floating Holiday) Independence Day Memorial Day Christmas Day 3. Bereavement Leave. Up to three (3) days of paid leave of absence will be provided for a death in the immediate family (spouse, parents, grandparents, children, grandchildren, brothers and sisters, including in-laws). Employees have the right to use accrued vacation leave beyond the leave of absence allowed by this section. 4. Leaves of Absence. Up to thirty (30) days of unpaid leave of absence can be granted by the Mayor for any justifiable purpose. Paid leave in any amount or unpaid leave in excess of thirty days will require written approval of the City Council. 5. Family Medical Leave Act (FMLA). a. FMLA Rights. 1. An eligible employee is entitled to job -protected, unpaid leave for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee, 2) care of an immediate family member (spouse, child, parent) who has a serious health condition, or 3) care of the employee's own serious health condition. 2. The employee may request up to 12 weeks of leave during 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 to the date an employee first uses any 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. 3. 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. b. Concurrent Use of Accrued Leave and Worker's Compensation t.vd. 1. Employees shall use any accrued paid personal leave concurrently with any FMLA leave. if the employee does not have sufficient accrued personal leave to cover the time out on FMLA leave, the employee may take the remainder of FMLA leave as unpaid leave. Employees will continue to accrue vacation and sick leave while 15 utilizing such leave, but will not accrue such leave during the unpaid portion of their leave. Prior to the commencement of FMLA leave for which accrued paid leave is being substituted, the employee shall be advised in writing that he or she must satisfy the procedural requirements of the paid leave policy. See 29 CFR Part 825. 300(c). 2. If the employee is on Worker's Compensation leave, such leave will also run concurrently with any FMLA leave. c. Employee Obligations. 1. Employees are required to give thirty (30) days advance notice or as much time as practical when the need for FMLA leave is foreseeable. The employee may be required to provide medical certification by his/her physician or medical practitioner indicating the diagnosis and probable duration of the employee's or family member's 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 2 weeks are required to provide a medical practitioner's fimess for duty report prior to returning 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 of 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. An employee on FMLA leave will not be allowed to work for any other employer without prior approval from his/her supervisor. An employee who violates this rule will be subject to disciplinary proceedings up to and including termination from employment. 4. Employees should contact the City Clerk or Mayor to obtain information regarding 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. 5. To request FMLA leave, the employee must contact the City Clerk or Mayor and provide a written statement of the reason or reasons for requesting FMLA leave and the expected duration of leave 16 d. Intermittent Leave Requests. FMLA leave may be taken intermittently or on a reduced leave schedule with prior written approval from the Mayor or when "medically necessary." In the circumstance of birth or placement of a child for adoption or foster care, intermittent leave is only available by written approval of the Mayor. e. Employer's Rights and Obligations. 1 The City has the right to determine whether the employee is or is not an "eligible employee" under the Act and to place an employee on FMLA leave without the employee's consent if the employee meets the eligibility requirements 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 considered to be a "key employee" whose extended absence would cause "substantial and grievous economic injury". f. 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 membera person who 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 being cared for has a serious health condition and that it was incurred in the line of duty. 2. FMLA also 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. Employees shall provide prior notice when the need for this type of FMLA military leave is foreseeable. 17 6. Benefits for Temporary Employees. All temporary employees will receive benefits only as required by law, including Worker's Compensation insurance. All other benefits are to be determined in the discretion of the Mayor and City Council and provided the amount and nature of such benefit is set forth in a writing signed by the Mayor. 7. Insurance Coverage Available to Employees. Various insurance benefits are available to employees and family members in accordance with the terms and conditions of the City's contract for such services. The City Treasurer should be contacted to learn of sign-up and claims procedures. Other insurance offerings may be available at employee or shared expense. 8. 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 City Treasurer for further information. 9. 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, may be available to employees for participation in accordance with the terms of their respective policy or agreement: a. Deferred compensation plans handled by payroll deduction. b. Employee -requested deduction programs subject to City policy. c. Provision of uniforms, tools, equipment allowance, etc. d. Further training and higher education reimbursement or tuition refund. All such benefits shall be subject to approval and authorization by the City Council. V. EMPLOYEE PERFORMANCE AND DISCIPLINE A. PURPOSE OF DISCIPLINE/PERFORMANCE POLICY This discipline/performance policy of the City establishes a consistent procedure for maintaining suitable behavior and a productive working environment. These procedures are directory in nature and minor variations in the processes set forth herein will not affect the validity of any actions taken pursuant to this policy. 18 B. DISCIPLINARY/PERFORMANCE SYSTEM FRAMEWORK The following framework guides the processes to be taken when an employee violates employment policies or fails to adequately perform his/her duties. Nothing contained herein is intended to limit the reasons for which the employee may be disciplined, including termination of the employment. In addition, nothing contained herein is intended to change the at -will nature of the employment for those employees identified as at -will in this policy. Progressive steps may be implemented in order to encourage improved performance or attitude, but are not required. The City may take any of the prescribed steps in any order when a supervisor deems an action of the employee to be serious enough to warrant a certain step. C. DISCIPLINARY ACTIONS AVAILABLE 1. The following actions are among the disciplinary actions that may be taken in response to personnel policy violations: a. Oral warning b. Written warning or reprimand c. Suspension without pay d. Demotion e. Dismissal 2. Conditions of maintaining employment that relate to particular performance/behavior issues may be established in conjunction with any of these actions. D. OPPORTUNITY TO BE HEARD —ASSERTIONS OF UNLAWFUL DISCRIMINATION AND RETALIATION AND "NAME -CLEARING HEARING" 1. All employees are at -will employees. However, at -will employees may from time to time experience adverse consequences of unlawful discrimination or retaliation. In addition, a public employee who is being demoted with a reduction in pay or terminated from employment based upon allegations of dishonesty, immorality or criminal misconduct is constitutionally entitled to a name -clearing hearing when one is requested. 2. Unlawful discrimination and retaliation address actions that are alleged to involve decisions based upon age, sex, race, religion, national origin or disability that is not a bona fide occupational qualification. The City does not condone discrimination on the basis of the foregoing unlawful categories. Unlawful retaliation addresses actions that are taken against an employee for initiating a charge of discrimination or harassment, or for assisting in any way in an investigation of such charges. 19 3. Failure to demand this opportunity to be heard or provided a name -clearing hearing constitutes a waiver of this opportunity. 4. Issues involving job performance or employee attitude, without allegations of discrimination, retaliation, dishonesty, immorality or criminal misconduct, may not require a name clearing hearing. 5. The procedure for the opportunity to be heard or naive -clearing hearing is as follows: a. Within fourteen (14) days of his/her termination or demotion, the employee may submit a written allegation of unlawful discrimination or retaliation, or the basis for entitlement to a name -clearing hearing, stating with particularity the basis for the requested hearing. Written allegations that are untimely submitted or that fail to state a particular, legally recognized basis will not be granted an opportunity to be heard. An employee will be promptly notified if a requested hearing is denied. b. An employee alleging unlawful discrimination or retaliation, or who is legally entitled to a name —clearing hearing, will meet with the Mayor and City Council. The hearing will not exceed one (1) hour in duration. c. An audio recording of the hearing will be made and maintained as part of the personnel record. d. The employee's supervisor may provide a brief written statement at least twenty-four (24) hours prior to the hearing in response to the charges. The City Council may require the employee's supervisor to participate in the hearing. e. The employee will be provided an opportunity to present evidence upon which the claims are based. f. The Mayor and City Council may ask questions during this process. g. The employee may question participants during this process. h. The Idaho Rules of Evidence do not apply to this opportunity to be heard or name -clearing hearing. 6. After the hearing, the City Council will consider the information submitted, and such other information as might be in the City's records, to arrive at a decision concerning the employee's allegations. The decision will set forth in writing the reasons for the City Council's determination. 20 VI. WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION POLICY AND COMPLAINT PROCEDURE A. PURPOSE 1. This section establishes the City's commitment to provide a work environment free from unlawful discrimination, harassment and retaliation, and to set forth the procedures for investigating and resolving internal complaints of such behavior. This policy should be reviewed by each employee on a periodic basis. 2. It is important that all employees treat all other employees and members of the public with respect and in a lawful and civil manner. It is the duty of every employee, supervisor, office/department head and Elected Official to deter and promptly report inappropriate or unlawful behavior in the workplace to his or her immediate supervisor or other elected official. Any employee who fails to discharge such duty may be subject to disciplinary action. Discriminatory, harassing or other unlawful behavior that substantially deprives an employee of the benefits or entitlements of his or her job, will not be tolerated. 3. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, job retention, promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence, compensation and training. B. POLICY 1. Unlawful discrimination or harassment of an applicant for employment, a member of the public or an employee by any employee of the City on the basis of race, color, religion, national origin, sex, age (40 and over) or disability that violates state and/or federal law will not be tolerated by the City. 2. Employees who participate in any form of unlawful employment -related discrimination or harassment, or who retaliate against another employee for filing a complaint alleging such discrimination or harassment or who fail or refuse to cooperate with an investigation, will be subject to disciplinary action up to and including termination of employment. C. EMPLOYEE TRAINING 1. The City. a. The City may periodically provide training or instruction to its employees regarding the implementation or enforcement of the Policy. Such training or instruction shall not supercede, abrogate or amend the express provisions of this Policy. If any employee believes such training or instruction contravenes this Policy, the employee shall promptly report 21 such inconsistencies to the trainer, instructor or the employee's immediate supervisor. b. The Mayor, or his/her designee ("Designated Official"), shall be responsible for directing and administering the procedures of this policy. 2. Supervisors. a. Supervisors enforce the policy, train new employees on it, regularly review it with all employees so that the employees know its provisions, and monitor the workplace for compliance. b. If a supervisor observes that unlawful discrimination, harassment or retaliation is occurring, he/she should take immediate action to address the problem. Such action should include, but is not limited to, speaking directly with the affected person, developing a specific account of the actions, omissions or occurrences that are deemed discriminatory, harassing or retaliatory, consulting with an office/department head, and taking corrective or disciplinary action as appropriate. If the alleged discrimination, harassment or retaliation is not within the supervisor's area of responsibility or oversight, he/she should notify the office/department head or other appropriate management employee, who should then take prompt steps to address the allegation. c. If unlawful discrimination, harassment or retaliation is reported or alleged, it must be followed up by a supervisor. A complaining party is not allowed to retract an allegation of such unlawful actions without proving that it was made erroneously. d. Any supervisor who fails to properly discharge or perform his or her duties under this section may be subject to disciplinary action, including termination of employment. 3. Employees. It is the responsibility of every employee to know this policy and to share the responsibility of understanding and preventing unlawful discrimination, harassment and retaliation. Satisfactory investigation or resolution of complaints cannot occur without the initiative and continued cooperation of the affected person. Individuals who believe they have been discriminated, harassed or retaliated against have the primary obligation of informing their supervisor, office/department had, Human Resource Officer or legal counsel for the City of such actions, recounting specific actions or occurrences whenever possible. D. DEFINITIONS Unlawful harassment includes, but is not limited to, the following behaviors: 22 1. Verbal Harassment. Derogatory comments, slurs, propositioning, or otherwise offensive or abusive words or comments on the basis of race, color, religion, national origin, sex, age (40 and over) or disability, whether made in general, directed to an individual or directed to a group of people regardless of whether the behavior was intended to harass. This includes, but is not limited to, inappropriate sexually -oriented comments about dress or physical features, sexual rumors, code words, race -oriented stories, as well as jokes of a sexual or discriminatory nature or "kidding" that is oriented towards a prohibited form of harassment. 2. Physical Harassment. Assault, impeding or blocking movement, leering at, physical interference with normal work, privacy or movement when directed at an individual on the basis of race, color, religion, national origin, sex, age (40 and over) or disability. This includes pinching, patting, grabbing, inappropriate behavior in or near bathrooms, sleeping facilities and eating areas, or making explicit or implied threats or promises in return for submission to physical acts. 3. Visual Harassment. Workplace posting of pornography, derogatory, prejudicial, stereotypical or otherwise offensive posters, photographs, cartoons, e-mails, notes, bulletins, drawings or pictures which evidence discrimination on the basis of race, color, religion, national origin, sex, age (40 and over) or disability is unlawful and is prohibited in the workplace. This applies to both posted material and material maintained in or on City computer equipment, network equipment, cell phones or similar personal property brought into the workplace. 4. Sexual Harassment. Any act that is sexual in nature and is made explicitly or implicitly a term or condition of employment, is used as the basis of an employment decision, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. There are basically two types of sexual harassment: a. "Quid pro quo" harassment, where employment decisions such as raises, promotions, better working hours, job retention, etc., are directly linked to compliance with sexual advances/unlawful sexual harassment. Therefore, only someone in a supervisory capacity with the authority to grant any of such benefits can engage in quid pro quo harassment. Examples: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her. b. "Hostile work environment," where the unlawful harassment creates an offensive or unpleasant working environment and the conduct is of a nature that substantially deprives an employee of the benefits of his or her employment. A hostile work environment can be created by anyone in the work environment, whether they are supervisors, other employees or members of the public. A hostile work environment harassment includes 23 using language of a sexual nature, unwelcome sexual materials, or unwelcome physical contact as a part of the work environment. Displaying nude or sexually offensive photos, cartoons, posters or printed materials of a sexually offensive nature in the workplaces; engaging in vulgar or lewd conduct, making sexually offensive gestures or comments or jokes; or engaging in unwanted touching or fondling, also fall into this category. A prohibited hostile work environment does not exist simply because a supervisor is rude, belittles the employee or requires work that the employee does not want to do. A prohibited hostile work environment is only present when it is based on the above factors and the prohibited actions substantially deprive employees of the benefits of their employment. E. COMPLAINT PROCEDURE The following complaint procedure must be followed to address a complaint regarding discrimination, harassment or retaliation: 1. Any person who believes he/she has been unlawfully discriminated, harassed or retaliated against should report it to his/her supervisor, office/department head, elected official or legal counsel for the City. If a supervisor becomes aware of a complaint that unlawful discrimination, harassment or retaliation is occurring in any City office/department, the supervisor should immediately report it to a designated official and legal counsel for the City, unless the designated official is the focus of the complaint, in which case the legal counsel for the City should be informed, and will have the responsibility to direct the investigation. 2. Once such a complaint has been made, the complaint cannot be withdrawn by the complainant without a determination that it was made erroneously. 3. Promptly upon receiving the complaint, the designated official should initiate the investigation to determine whether there is a reasonable basis for believing that an alleged violation of this policy or law has occurred. 4. Upon receiving the complaint, or being advised by a supervisor that violation of this policy may be occurring, the designated official should review the complaint and consult with legal counsel for the City. 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 party, but the designated official may serve as the investigator in appropriate circumstances. 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. 24 7. As soon as practicable, the investigator will conclude the investigation and submit a report of the findings to the designated official, who will then route it as appropriate. 8. If it is determined that unlawful discrimination, harassment or retaliation has occurred, the appropriate official will recommend the course of action to 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.). 9. If the investigation is inconclusive or it is determined that there has been no unlawful discrimination, harassment or retaliation, but some potentially problematic conduct is revealed, corrective action may be taken. 10. Promptly after the investigation is concluded, the designated official and/or the appropriate supervisors and legal counsel for the City will separately meet with the complainant and the person alleged to have committed the offenses to notify them in person of the findings of the investigation. 11. The complainant and the person alleged to have committed the offenses may submit statements to the designated officials and/or supervisors challenging the factual basis of the findings. Any such statement must be submitted no later than five (5) working days after the meeting in which the findings of the investigation are discussed. 12. Promptly after the designated official and/or supervisors have met with both parties and reviewed the documentation, and after consultation with legal counsel, a decision will be made as to what action, if any, should be taken by the Mayor or department head. F. DISCIPLINARY ACTION If unlawful discrimination, harassment or retaliation is determined to have occurred, the supervisor or the Mayor or Council as a body shall take prompt and effective remedial action against the actor. The action should be commensurate with the severity of the offense, up to and including termination of employment. 25 G. RETALIATION Retaliation in any manner against a person for filing or initiating in good faith a charge or complaint of discrimination or harassment, testifying in an investigation, providing information or assisting in an investigation is expressly prohibited and subject to disciplinary action up to and including termination. The supervisor, office/department head and Elected Officials should take reasonable steps to protect the victim and other potential victims from further harassment or related consequences. H. CONFIDENTIALITY Confidentiality should 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. I. FALSE COMPLAINTS Discipline will result, up to and including termination, when it is conclusively determined that an employee made a complaint of discrimination, harassment or retaliation knowing it to be false and/or knowingly participated in the falsehood. This section is not intended to discourage employees from making complaints regarding unlawful employment -based behavior. An employee will not be disciplined for reporting actual behavior that in good faith the employee believed was unlawful employment -based behavior. However, false complaints adversely impact the workplace and the career of the accused, even when disproved, and will not be tolerated. VII. SEPARATION FROM EMPLOYMENT A. REDUCTIONS IN FORCE (RIF) When financial circumstances or changes of workload require, the City may reduce forces in such manner as it deems necessary to maintain the effective functioning of the 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 Mayor, in conjunction with the City Council may make any 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 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 Officer. 26 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 at this point 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 or Elected Official. Oral resignations should be documented by the supervisor after consultation with the Mayor 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 three (3) working days or more 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 three (3) or more working days, the City will consider the employee as having resigned and immediately notify him/her of such. ADOPTED by the Mayor and the City Council on the 12th day of March, 2019. ATTEST: City Clerk 27 Mayor APPENDIX "A" Acknowledgment of Receipt of the City of Iona Personnel Policy I, acknowledge receipt of the City of Iona Personnel Policy, adopted on ❑ I understand that it is my responsibility to read and review this Policy. ❑ I understand that I am an at -will employee of the City, 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 Manual and any additional rules, regulations, policies or procedures imposed by the office/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 modifications. ❑ I understand that this Policy may be provided to me in either paper format or by electronic access. DATED this day of , 20 (Employee) I, , provided a copy (either electronically or by paper) of the City of Iona Personnel Policy, as adopted by the City Council on March 12, 2019, to , on this day of 20 (Name - Title - Office/department) 28