HomeMy Public PortalAboutResolution 22-02 Personnel Policy Update
RESOLUTION 22-02
ARESOLUTION 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 June 17, 2021, President Joe Biden signed into law the Juneteenth National
Independence Day Act recognizing June 19 as a legal public holiday; and
WHEREAS,onJune 17,2021,GovernorBradLittle issued a proclamation recognizing June 19
as the Juneteenth National Independence Day to be effective June19, 2021; 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 January 07, 2021.
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 January 07, 2021.
Section 2One updatehasbeen completed in the revised Personnel Policy Manual. The
revisionisas follows:
1.HOLIDAYS–Add Juneteenth to the current list as a recognized holiday.(page 27)
New Year's DayLabor Day
Martin Luther King, Jr./Human Rights DayVeteran's Day
Presidents' DayThanksgiving Day
Memorial DayDay after Thanksgiving
JuneteenthChristmas Day
Independence Day
Section 3ThisResolution adopts the Revised Personnel Policy Manual,attached here to as
Exhibit A, which Manual shall bear the date of this resolution.
Section 4This Resolution shall take effect and be in force from and after its passage and
approval.
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Resolution 22-02Personnel Policy
February 10, 2022
Passed and approved this 10 day of February 2022.
CITY OF MCCALL
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* M., 0 Robert S. Giles, Mayor
ATTEST:
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Resolution 22-02 Personnel Policy
February 10,2022
Personnel Policy
Approved by the City Council
Date: ______________
Ve
rsion: February 2022
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Personnel Policy
February 10, 2022
WELCOME -
It is our privilege to welcome you to City of McCall. We wish you every success in your new job,
and we hope that you quickly feel at home. This Personnel Policy was developed to describe some
of the expectations we have for all employees,and what you can expect from us. We hope that
your experience here will be challenging, enjoyable, and rewarding.
Again, welcome!
McCall City Council and City Manager
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Personnel Policy
February 10, 2022
TABLE OF CONTENTS
I.THE ORGANIZATION FOR WHICH YOU WORK…………………………………………...4
II.YOUR EMPLOYMENT RELATIONSHIP WITH THE CITY…………………………………4
III.EMPLOYEE CODE OF CONDUCT……………………………………………………..………5
IV.WORKPLACE VIOLENCE………………………………………………………………….…7
V.UNLAWFULWORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION.8
VI.GENERAL POLICIES……………………………………………………………………………13
VII.EMPLOYEE DISCIPLINE………………………………………………………………………14
VIII.HIRING POLICIES………………………………………………………………………………16
IX.EMPLOYEE PERSONEL FILES………………………………………………………………17
X.EMPLOYEE CLASSIFICATION………………………………………………………………18
XI.COMPENSATION POLICIES……………………………………………………………………20
XII.EMPLOYEE BENEFITS…………………………………………………………………………23
XIII.FAMILY MEDICAL LEAVE ACT (FMLA)…………………………………………………….29
XIV.AMERICANS WITH DISABILITIES ACT (ADA)……………………………………………32
XV.FITNESS FOR DUTY EXAMS…………………………………………………………………32
XVI.IDAHO WHISTLEBLOWER PROTECTION…………………………………………………33
XVII.CANDIDACY FOR ELECTIVE OFFICE……………………………………………………33
XVIII.SEPARATION FROM EMPLOYMENT…………………………………………………….34
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I.THEORGANIZATIONFOR7()#( 9/5 7/2+
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.
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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. Its
purpose is simply to provide you with a convenient explanation of present policies and
practices of the City.
All employees of the Cityareat-will and are employed at the discretion of theCity Manager
or the head of the department in which the employee works. Only a signed written contract
authorized by the City Councilcan alter the at-will nature of employment regardless of
anything written or spoken by the City Manageror supervisor. Employees have no right to
continued employment or employment benefits, except as may be agreed to in writing and
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expressly approved bythe 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 Cityreserves the right to modify any of thepolicies, 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.%-0,/9%% #/$% /& CONDUCT
Employees are expected to conduct themselves in a professional manner that is both civil and
cooperative. Cityemployees are public employees and therefore are exposed to additional
public scrutiny in both their public and personal conduct. This Code of Conduct has been
established to aid employees in understanding both expected andprohibited conduct.
Violations of the Code of Conduct will be grounds for disciplinary action up to and including
termination of employment. This list is illustrative and not all inclusive. Other behaviors and
acts of misconduct not specifically detailed here may be grounds for disciplinary action as
well. Nothing contained herein is intended to change the at-will nature of employment or limit
the reasons for which an employee may be disciplined.
A.EXPECTE$ CONDUCT
Each employee is expected to conduct himself/herself in aprofessionalmanner. To
accomplish this, each employee must:
1.Be respectful, courteous,and professional. Work cooperatively and constructively with
fellow workers and members of the publicto 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 thescheduling and taking of vacation and sick leave.
3.Comply with dress standards established in the departmentfor which the employee
works. Dress standards shall be set by managing personnel, but in the absence of any
departmental dress standards, clothingwill 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 Cityrequires the
employee to drive a vehicle as part of his/her responsibilities. Each such employee
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must report any state-imposed driving restrictions to his/her immediate supervisor and
notify his/her supervisor if his/her driving abilities are impaired.
7.Follow all workplace safety rules whether established formally by the departmentor
by outside agencies.
8.Report all accidents that occur or are observed on the job, or that involve Cityproperty,
and cooperate as requestedin 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 Cityand related agencies.
11.Adhere to any code of ethics in the employee’s profession.
B.P2/()")4%$ 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 visitingwith co-workers, children, friends,or family members
that interfere with work in the departmentin which the employee serves.
5.Not use work time for personal business, including the selling of goods or services to
the public.
6.Not use phones or computers in the workplace in a manner that violates policy or that
disrupts workplace productivity, including time spenton social media.
7.Not use work time or public premises to promote religious beliefs to members of the
public or fellow employees.
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8.Not have non-Cityemployment, or serve on any board or commission, that conflicts
with duties performed for the Cityin 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 othersor
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 requiredto
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. §74-401et
seq.(Ethics in Government Act), I.C. §74-501et 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.7/2+0,!#% 6)/,%.#%
The Cityseeks to provide aviolence-freeworkplace. Violence in the workplace poses a threat
to the safety of employees and the public.The Citywill 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 ofviolence, brandishing of an object
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which may be used as a weapon, sending threatening, harassing or abusive e-mail or
messages, using the workplace to violate protective orders and stalking.
All employees are responsible for minimizing workplace violence.All acts or threats of
violence should be promptly reported to a supervisor, department heador the City Manager.
Employees should also report situations that they believe could lead to workplace violence,
including but not limited to protective orders orother 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.
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RETALIATION
The Citystrives to maintain a supportiveandcivil workplace—one in which employees treat
each other with respect and dignity. In keeping with these values, the Cityprohibits and does
not tolerate unlawful workplace discrimination, harassment,or retaliation.
The following defined terms are applicable to this section:
Legallyprotected classmeans 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 workplaceincludes 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.
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Workplace discrimination is when one or more persons in a legally protected classare
treated adversely with respect to their participation in the workplace. Adverse
employment actions usually involvedecisions 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.
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Workplace harassment is unwelcome conduct that is directed to one or more persons in a
legally protected classthat interferes with their participation in the workplace. The
offensive conduct must be severe or recurringsuch that itcreatesa work environment that
a reasonable person would consider intimidating, hostile or abusive. Petty slights,
annoyance, and isolated incidents (unless extremely serious) will not rise to the level of
illegality.
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Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets,or
name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-
downs, offensive objects,or pictures.
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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 severeor recurringsuch that it creates a hostile or
offensive work environment.
Sexual harassment includes sexually harassing others of the same and/or different gender,
gender identityor 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 benefitssuch as raises, promotions and job retentionin 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.
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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 severeorrecurringsuch that itcreatesan intimidating or offensive work environment.
Isolated incidents, petty slights, occasional teasing,or impolite behavior are generally not
sufficient to create a hostile work environment.
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Examples of a hostile work environment may include, but are not limited to, being
subjected to daily racial slurs, recurring derogatory comments about job performance based
on gender, continuous sexual advances,or propositions, frequently receiving sexually
explicit emails from a coworker, physical harassment like hitting, pushing, groping and
other touching.
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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, departmenthead,City Manageror
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
DepartmentHead
Human ResourcesManager
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 supervisorsare expected to ensure that the work environment is free from unlawful
discrimination, harassment, sexual harassment, retaliation,or the development of a
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hostile work environment. They are responsible for the application and communication
of this policy within their work areas. Supervisorsshould:
Encourage employees to report any violations of this policy before the harassment
becomes severe or recurring.
Make sure the Human ResourcesManageris 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 Citydesignatesthe Human Resources Manager, or his/her designee, as the
Designated Official who will be responsible for directing the procedures of this policy.
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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.
1.A person who believes he/she has been unlawfully discriminated, harassed,or retaliated
against, or who observesor knows about behavior in the workplace that could be
unlawful discrimination, harassment,or retaliation,should report it to the Designated
Official, his/her supervisor, departmenthead, City Manager,or legal counsel for the
City.The individual receiving the report must then forward it to the Designated
Official. If the Designated Officialis 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 itwas made erroneously.
3.The Designated Officialshould promptly review the complaint and consult with legal
counsel for the Cityand the City Manager.
4.In appropriate circumstances, the person who is alleged to have committed the offense
may be placed on paid or unpaid administrative leave pending a resolution of the
allegations.
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5.The Designated Official, in consultation with legal counsel for the City, should engage
an appropriate person to investigate the complaint. The investigator should be a neutral
party.
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 conductoccurred.
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 Officialand/or the appropriate supervisors and legal counsel for the
Citywill meet separately with both the complainant and the person alleged to have
committed the offensesto 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 Officialand/or supervisors have met with both parties and
reviewed the documentation, and after consultation with legal counselfor 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.
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1.If it is determined that unlawful discrimination, harassment,or retaliation has occurred,
anappropriate course of action willbe taken by the City. The action will depend on
the following factors:
a.The severity, frequency,and pervasiveness of the conduct.
b.The conduct of the respective employees.
c.Prior complaints made against the person alleged to have committed the
offenses; and
d.The quality of the evidence (first-hand knowledge, credible corroboration etc.).
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2.If problematic conduct is revealed in the investigation, corrective action may be taken
even if the investigation is inconclusive or if it is determined that there has been no
unlawful discrimination,harassment,or retaliation.
I. CONFIDENTIALITY
Confidentialitywill be maintained to the fullest extentpossible 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 toobtain an accurate account ofthe actions of the parties involved. The City’s
insurer may also be engaged to assist in all phases of any proceeding or investigation.
VI.'%.%2!, 0/,)#)%3
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It is important for employeesto report to work on time and to avoid unnecessary absences.
The Cityrecognizes that illness or other circumstances beyond an employee’scontrol may
cause him/herto 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.
Employeesare expected to report to work when scheduled. Whenever an employeeknows
in advance that he/she isgoing 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/herimmediate supervisor as soon as possible, but in no event later than
one hour before the employee isdue at work. In the event theimmediate supervisor is
unavailable, the employeemust speak with department heador his/her designated
representative. If the employeemust leave a voicemail, he/shemust provide aphone
number where the employee may be reachedif need be.
B.35"34!.#% !"53%
The Cityrecognizes alcohol and drug abuse as potential health, safety,and security
problems. The Cityexpects 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 Citypremises or at any time and any place during working hours.
While we cannot control thebehavior of employees off the premises on theirown time, we
certainly encourage employeesto always behave responsibly and appropriately. All
employees are required to report to their jobs in appropriate mental and physical condition,
ready to work.
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Substance abuse is an illness that can be treated. Employees who have an alcohol or drug
abuse problem are encouraged to seek appropriate professional assistance. Employeesmay
inform their immediate supervisor, department head,or the Human Resources Managerfor
assistance in seeking help, including possible coverage underthe 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 preventappropriate action by the City.
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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 Cityto
cooperate in any effort to avoidthe potential conflicts that can arise from such personal
relationships in the workplace. Such relationship may result in a change of employment
duties.
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The Citybuildings 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 Cityvehicles. Smoking is only
permitted outside of Citybuildings and facilities at least 50 feet away from entrances.
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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 toencourage improved performance
or attitude but are not required. The Citymay 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.
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1.The following actions are among the disciplinary actions that may be taken in response
to personnel policy violations or performance deficiencies:
a.Oral warning
b.Written warning or reprimand
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c.Suspension without pay
d.Probation
e.Demotion
f.Dismissal
2.Conditions of maintaining employment that relate to performance/behaviorissues may
be established in conjunction with any of these actions.
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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 misconductis 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
willbe heardin 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 Managera written request for a name-clearing hearing and state the
basis for it.
b.Arequest 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 Managermay require the supervisor to
participate in the hearing.
Page 15of 36
Personnel Policy
February 10, 2022
f.The employee will be provided an opportunity to present evidence upon which
the claims are based.
g.The City Managermay ask questions during this process.
h.The Idaho Rules of Evidence do not apply to this hearing.
5.After the hearing, the City Managerwill consider the information submitted, and other
information as might be in theCity’s records, to arrive at a decision and will issue a
written statement setting forth the reasons for the decision.
VIIIȁ ()2).' 0/,)#)%3
A.%15!, %-0,/9-%.4 /00/245.)49
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,departmenthead,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 Citywill 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
Managerif he/she requires an accommodation to enable the employee to perform the
essential tasks of the job.
5.The Citywill 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 Managerif he/she requires accommodation for religious reasons.
Page 16of 36
Personnel Policy
February 10, 2022
Bȁ 02%&%2%.#% &/2 ()2).' &2/- 7)4().
Qualified Cityemployees 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.
#ȁ 6%4%2!.͒3 02%&%2%.#% !.$ 2)'(43
1.The Citywill 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
whoqualifies for the preference will be employed.
2.Employees who are qualified veterans returning to employment with the Cityfollowing
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.
$ȁ .%0/4)3-ȝ()2).' /& 2%,!4)6%
1.No person will be employed by the Citywhen 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 aCityCouncil memberby 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
Page 17of 36
Personnel Policy
February 10, 2022
2.An employee who’srelative 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).
IXȁ %-0,/9%% 0%23/..%, &),%3
!ȁ 0%23/..%, 2%#/2$3
1.The official employee records for the Citywill 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 theCity.
3.The employee’s supervisor, City Manager,andthe employee himself/herself may
contribute materials to the personnel files deemed relevant to the employee's
performance.
Bȁ !##%33 4/ 0%23/..%, &),%3
1.Only the employee's supervisors,City Manager,Human Resources staff,the City
Councilwhen acting as a board duringits 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 Cityreserves 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. -!.!'%-%.4 /& ).&/2-!4)/. ). 0%23/..%, &),%3
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 theCity Manager, after
consultation with legal counsel for the City, any offending material may be removed upon
a finding by the Citythat 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
Page 18of 36
Personnel Policy
February 10, 2022
removal of information will be documented in writing and maintained in the employee’s
personnel file.
X. EMPLOYEE CLASSIFICATION
For variousreasons, employee status must be organized by classestoadminister 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 Citywill endeavor to assist with such matters, but the employee isultimately
responsible to assure that his/her service is properly addressed.
A. E-0,/9%% #,!33)&)#!4)/. &/2 %-0,/9-%.4 34!453
1.All employees of the City, including part-time and temporary/seasonalemployees, are
at-willemployees, except as otherwise required by law or pursuant to awritten 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.
"ȁ E-0,/9%% #,!33)&)#!4)/. &/2 "%.%&)4 0520/3%3
The classification of the position an employee holdswith the Citymay 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 actiontaken by theCity Council.
2.Full-Time Regular Employees
Employees whose employment is sustained and continuing and whose typical work
week consists of at least 30hours are considered full-time regular employees. Full-time
regular employees areeligible foremployee benefits provided by the City.
3.Part-Time Regular Employees
Employees whose employment is sustained and continuing andwhose typical work
week consists of less than 30hours on a regular basis are considered part-time regular
employees. Part-time regularemployees mayreceive reduced employee benefitsas
authorized by the City Managerand 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 workedmay also affect the employee's obligation to
Page 19of 36
Personnel Policy
February 10, 2022
participate in certain mandatory state benefit programs. Certain benefits may not be
available because qualifying thresholds have not been reached.
4.Temporaryand SeasonalEmployees
Employees who work on an irregular, seasonalor temporary basis are temporary
employees. Temporary employees receive no benefits provided toregularemployees,
except those required by law or authorized bytheCity Manager.In general, Temporary
and Seasonal employees are not eligible for vacation, holiday, or sick leave. The
number of hours scheduled, and length of employment may also affect the employee's
obligation to participate in certain mandatory state benefit programs.
XI. #/-0%.3!4)/. 0/,)#)%3
!ȁ %34!",)3(-%.4 /& %-0,/9%% #/-0%.3!4)/.
Employeesare compensated in accordancewith, and subject to,decisions of the City
Councilas annual budgets are setand aresubject to increase, reduction, or status quo
maintenance for any period. The City Manageror Human Resources Managermay make
suggestions about salary compensation and other pay system concerns, but the final
decision regarding compensation policy restswith the City Manager in accordance with
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, duringthe budget year tomanage cash flow or to deal with other
circumstances which justify or require change in City expenditures.
"ȁ C/-0,)!.#% 7)4( 34!4% !.$ &%$%2!, 0!9 !#43
The Citywillcomply with all state and federal pay acts governingcompensation of its
employees.
#ȁ 2)'(4 4/ #(!.'% #/-0%.3!4)/. !.$ "%.%&)43
The Citymaychange 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 citybudget. Hours worked may be reduced or
employees may be laid off as necessary to meet budgetary constraints oraswork needs
change.
$ȁ OVERTIME/#/-0%.3!4/29 4)-% 0/,)#9
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
departmentheador the Human Resources Managerfor further clarification of the
employee’s FLSA status.
Page 20of 36
Personnel Policy
February 10, 2022
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 workdayunless 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.
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-exemptemployees entitled to overtime compensation willeitheraccrue
compensatory timeor 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)),willbe computed at 1½ hours for each additional hour worked. The
City has set a maximum accumulation of 56hoursof compensatory time. Any
compensatory time reported over the maximum 56-houraccrual amount shall be paid
out as overtime at the computed rate of 1 ½ 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 overtimecashor compensatory timeaccrual 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.
%ȁ R%0/24).' !.$ 6%2)&9).' 4)-% 2%#/2$3
1.Each hourly employee is responsible to timely and accurately record time that he/she
has workedin accordance with the procedures authorized by the City Managerand 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 periodcovered. Any changes to the time record made by a
supervisor or the Human Resourcesoffice to correct mistakes must be acknowledged
by the employee. Exempt employees may be required to document time workedor
benefits usedfor accountabilitypurposes.
2.Any employee concerned about his/her compensation, rate of pay, payroll status,
deductions, etc., must communicate such concerns to the Human Resourcesoffice or
theirsupervisor 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
Page 21of 36
Personnel Policy
February 10, 2022
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.
&ȁ 7/2+ 0%2)/$3
1.The workweek for all non-law enforcement, non-exempt employees who are subject to
the FLSA beginsat 12:00 a.m.on Saturdayof 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-daywork 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.
'ȁ P!92/,, 02/#%$52%3 !.$ 0!9$!93
1.Employees are paid everytwo 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 precedingthe 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 compensationreceivedand 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 willprevail.
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 Citywill correct the mistake as soon as possible.
(ȁ #/-0%.3!4)/. 7(),% 3%26).' /. *529 $549 /2 !3 ! 7)4.%33 ). !
#/524 02/#%%$).'
1.The Cityencourages 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 Cityoperationsorcalled
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 planto accommodate their absence. Employees are
expected to report for work whenever the court schedule permits.
)ȁ -),)4!29 ,%!6%
Page 22of 36
Personnel Policy
February 10, 2022
An unpaid leave of absence will be granted to an employee to participate in ordered and
authorized field trainingin accordance withIdaho Code §§46-407and46-409, and the
Uniformed Services Employment and Reemployment Rights Act (USERRA).
*ȁ 0!92/,, $%$5#4)/.3
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).
+ȁ 42!6%, %80%.3% 2%)-"523%-%.4
An employee on approved Citybusiness willbe reimbursed for expenses incurred in
completing his/her assignment in accordancewith the policies established by the City
Council. Each employee is responsible for providing verified receipts for any expenses for
which reimbursement is requested.
,ȁ ON-THE-*/" ).*52)%3
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 thata 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 Citywill handle worker’s compensation claimsfor sworn law enforcement officers
pursuant to Idaho Code, Title 72, Chapter 11.
XIIȁ %-0,/9%% "%.%&)43
The Cityoffers severalemployee benefits for full-time and part-time regularemployees.
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.
!ȁ V!#!4)/. ,%!6%
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 useduntil 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 23of 36
Personnel Policy
February 10, 2022
Years of ServicePay Period AccrualAnnual Vacation Maximum Vacation
AccrualAccrual
Less than 1 year2.16 hours56 hours56 hours
1 year to 5 years3.08 hours80 hours160 hours
5 years to 10 years4.62 hours120 hours240 hours
10 years or more6.47 hours168 hours240 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
ServiceNormally Schedule Hours per Week
27-29/week23-26/week20-22/week
(75% of FT)(65% of FT)(55% of FT)
Less than 1 year1.62 hours1.40 hours1.18 hours
1 year to 5 years2.31 hours2.00 hours1.69 hours
5 years to 10 years3.46 hours3.00 hours2.54 hours
10 years or more4.85 hours4.20 hours3.55 hours
2.The portion of vacation accrual shall be posted to each employee’s vacation accrual
bank each pay period. Noemployee may accrue more than the “Maximum Vacation
Accrual” indicatedabove. When an employee’s accrual balance reaches the “Maximum
Vacation Accrual” indicated above, he or she would not accrueadditional vacation
until the accrual bank is reduced. Vacation not earned due to maximum accrual shall
Page 24of 36
Personnel Policy
February 10, 2022
be deemed “lost”, without right of compensation, and may not be later added to the
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 leaverequest 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 betaken only after written approval for use of vacation or comp time by the
responsible department supervisor.
4.Efforts will be made to accommodate the requestof the employee in vacation
scheduling, but prioritywill be the orderly functioning of affecteddepartments.
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 enoughvacation or comp time accrued for the absence
c.the employee’s absence would create an undue hardship or require the hiring of
additional help forthe 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.
"ȁ 3)#+ ,%!6%
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/week23-26/week20-22/week
(75% of FT)(65% of FT)(55% of FT)
Page 25of 36
Personnel Policy
February 10, 2022
2.77 hours per pay period2.40 hours per pay period2.03 hours per pay period
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 unlesscircumstances outsidethe 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.
#ȁ 0!2%.4!, ,%!6%
1.In support ofprovidingan 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.
Page 26of 36
Personnel Policy
February 10, 2022
2.Parental leave refers to paid time off following the birth of an employee’snatural child
or the legal placement of a child with an employee for thepurposes of adoption. The
maximum amount of paid parental leave is eight (8)work weeks.
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 forparental
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 thenumber of hours worked.
4.Employees become eligible for parental leave the first day of the monthfollowing 6
months of regular employment. The leave may be used only for thebirth of the
employee’s natural child or adoption of a child (up to the age of18 years old) to
promote bonding with the child. When an employeeis eligible for Family Medical
Leave (FMLA), paid leave under this program willrun concurrently with FMLA.
FMLA eligibility does not dictate parental leave eligibility.
5.Parental leave shall be requested at least30 days prior to the child’santicipated 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
#ȁ 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 willbe observed on the preceding Friday. Those which
fall on Sunday willbe observed on the succeeding Monday. The holiday schedule may be
changed at any time by the City Manager.
Unscheduled emergency work on holidaysmaybe compensated at a rate of 1½ times the
employee's regular rate of payat the discretion of the Department Head.
Recognized Holidays:
New Year's DayLabor Day
Martin Luther King, Jr./Human Rights DayVeteran's Day
Presidents' DayThanksgiving Day
Memorial DayDay after Thanksgiving
JuneteenthChristmas Day
Independence Day
Page 27of 36
Personnel Policy
February 10, 2022
$ȁ B%2%!6%-%.4 ,%!6%
Up to 5 days of paid leave of absence shall be provided to regular employees for deaths
occurring in the employee’s immediate family. Immediate family is defined as spouse,
children, parents, grandparents, grandchildren,and siblings. For this policy, immediate
family may also be determined to include individuals where the employee has legal
guardianship or relationships that fulfill the previously defined roles by intent. Iflegal
association does not exist it will be necessary for the employee to provide documentation
to the Human Resources Manager or City Manager showing that the intended significant
relationship exists and is applicable under this policy.If an employee has minor
child/children who experience the death of a biological parent who is no longer related to
our employee due to divorce, the employee may take up to 5 days of paid leave to provide
support to their children. Additional leave may be granted from accrued leave or unpaid
leave of absence.
%ȁ L%!6% /& !"3%.#% !.$ ,%!6% 7)4(/54 0!9
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. B%.%&)43 &/2 4%-0/2!29 %-0,/9%%3
All temporary employees will receive benefits as required by law, including worker’s
compensation insurance.
G. I.352!.#% #/6%2!'% !6!),!",% 4/ %-0,/9%%3
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 Resourcesofficeshould be contacted to learn of sign-up and
claims procedures. Other insurance offerings may be available at employee or shared
expense.
H. R%4)2%-%.4 02/'2!- /&&%2).'
The Cityparticipates in the retirement program of the Public Employees Retirement
System of Idaho (PERSI) and with Social Security (FICA). PERSI requires the Cityto
withhold a percentage of an employee's gross salary for pension purposes, and to
Page 28of 36
Personnel Policy
February 10, 2022
contribute an additional larger amount on behalf of the employee. Contact the Human
Resources officefor further information.
I.T2!.3&%2 /& "%.%&)43 7)4( %-0,/9%% 42!.3&%2
Accrued benefits continue when the employee transfers from one departmentto another
within the City. However, upon such transfer, theemployee is only eligible for those
benefits authorized for the positionand employment status.
J. M)3#%,,!.%/53 "%.%&)43
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.
XIIIȁ &!-),9 -%$)#!, ,%!6% !#4 (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
ResourcesManagerin identifying FMLA leave issues. The USDepartment of Labor has
published an FMLAresource for employees:www.dol.gov/whd/fmla/employeeguide.pdf
It has also published a guide for employers that is also beneficial to employees:
www.dol.gov/whd/fmla/employerguide.pdf.
!ȁ E,)')"),)49 2%15)2%-%.43
To be eligible for FMLA benefits, prior to any leave request, the employee:
1.must have worked for the Cityfor at least 12 months, which in some circumstances
may include separate periods of employment with the City.
2.must have workedat least 1,250 hours for the Cityduring the previous 12 months; and
3.the Citymust employ at least 50 employeeswithin 75 miles of the employee’s
workplace measured by using available transportation on the most direct route.
Page 29of 36
Personnel Policy
February 10, 2022
"ȁ &-,! 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.
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 aserious
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 employeemay request up to 12 weeks of leave duringa 12-month period inwhich
the Citywill 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 theemployee’sFMLA leave. If the employee does not return to workat
the end of the FMLA leavefor reasons other than the continued serious healthcondition
of the employeeor eligible family member, the Citymay recover from the employee
the premiums that were paid for the employee’s medical coverageduring the FMLA
leave period.
4.Total FMLA leave for employee spouses/parentswho both work for the Cityis 12
weeks combined if the leave is for reasons other than the employee’s own personal
serious illness.
#ȁ C/.#522%.4 53% /& !##25%$ ,%!6% !.$ 7/2+%2Ȍ3 #/-0%.3!4)/.
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 enoughaccrued 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
concurrentlywith any FMLA leave.
$ȁ E-0,/9%% /",)'!4)/.3
Page 30of 36
Personnel Policy
February 10, 2022
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 willbe 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
mayalsorequire second or third opinions at the City’s expense.
2.Employeeswho are on FMLAleave for their own serious illness for at least two weeks
are requiredto provideamedical practitioner's fitness for duty report prior toreturning
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 maybe denied if these
requirements are not met. The decision to allow an employee to return to work will be
solely the City’sin compliance with the provisions of FMLA.If a doctor finds thatthe
employee is not fit to return to duty, the employee will notbe allowed to return to work.
3.Employees should contact the Human Resources Managerto discuss their rights and
obligations for continuation of any current benefits theyare 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 contactthe Human ResourcesManager
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.
Eȁ I.4%2-)44%.4 ,%!6% 2%15%343
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 thewritten approval of the supervisor or City Manager.
&ȁ E-0,/9%2Ȍ3 2)'(43 !.$ /",)'!4)/.3
1.The Cityhas the duty to notify employees of the availabilityof the right to FMLA
leave and to determine whether the employee is or is not an “eligible employee”
under the Act.
2.The Citymay require periodic notices of the employee’s FMLA status and his/her
intent to return to work.
3.The Citywill 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, area "key employee" whose
extended absence would cause "substantial and grievous economic injury".
'ȁ T(% .!4)/.!, $%&%.3% !54(/2):!4)/. !#4
Page 31of 36
Personnel Policy
February 10, 2022
1.The FMLA alsoprovides an entitlement of up to 26 weeks of unpaid leave during a
single12-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 Citymay require medicalcertification that the service member
being cared for has a serious health conditionand that it was incurred in the line of
duty.
2.FMLAalso now provides12 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 forthis type of leave. If this type of leave is
requested, the Citymay require certification that the service member has beencalled
to active duty.
3.The allowed length of FMLA military leave is measured from the first day of leave
taken and ends 12 monthslater. FMLA time already taken may be deducted from the
26 weeks of leave in some circumstances. See the Human ResourcesManagerto
determine available leave.
4.Employeesare required to provide prior notice when the need for this type of FMLA
military leave is foreseeable.
XIV. !-%2)#!.3 7)4( $)3!"),)4)%3 !#4
A. ELIGIBILITY
The Americans with Disabilities Act (ADA) and the Americans with Disabilities
Amendments Act (ADAAA) prohibit employers with 15 or more employees from
discriminating against individuals with disabilities.
Bȁ R%!3/.!",% !##/--/$!4)/.
The Citywill 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 shouldcontact the Human Resources Managerwith anyquestions or requests
for accommodation.
XVȁ &)4.%33 &/2 $549 %8!-3
Aȁ S!&% 7/2+ %.6)2/.-%.4
Page 32of 36
Personnel Policy
February 10, 2022
The Cityis committed to maintaining a safe and productive workplace. Every employee is
required to report to work fit to perform his/her job in a safe, appropriate,and effective
manner.
Bȁ C/.$)4)/.3 &/2 %8!-
The Citymay require a fitness for duty evaluation aspart of a physical exam of the
employeeto determinethe employee’s physical, mental and emotional readiness to
perform the essential functions of his/herjob 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 employee expressesconcern about his/her ability to perform the functions of
his/her job;or
4.when there is reasonable belief that the employee cannotsafely perform the functions
of his/her job.
XVIȁ )$!(/ 7()34,%",/7%2 02/4%#4)/.
A. SCOPE
Idaho Code, Title 6,Chapter 21, provides protections to public employees who experience
adverse employment actions as a result of the good faith reporting ofthe existence of any
waste of public funds, property,or manpower, or of a violation, or suspected violation, of
law, rule or regulation of the City, state of Idaho or the United States of America.
B. REPORTING
Any such report must be made at a time, and in a manner, which gives the Citya reasonable
opportunity to correct the waste or violation.
Cȁ PROTECTION
The Citymay not take adverse action against an employee because the employee in good
faith reports thesuspected waste or violation, or participates or gives information in an
investigation, hearing, court proceeding or any other form of administrative review of the
report.
Dȁ E.&/2#%-%.4 /& 2)'(43
If the employee believes that he/she has experienced an adverse employment action
protected by the Whistleblower Act, he/she may bring a civil action in District Court within
180 days of the occurrence of the violation of the Act.
XVI)ȁ #!.$)$!#9 &/2 %,%#4)6% /&&)#%
A. F)234 !-%.$-%.4
Page 33of 36
Personnel Policy
February 10, 2022
While the Cityrecognizes 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.
B. R%!3/.!",% 02%$)#4)/. /& $)32504)/.
1.If an employee initiates candidacy against an Elected Official and there is a reasonable
prediction of disruption, the employee must resign or face possible employment action,
including being placed on an unpaid leave of absence or termination.
2.A reasonable prediction of disruption is based upon any of the following factors:
a.The size of the departmentin which the employee works—the smaller the
department, thegreater the likelihood of disruption.
b.Whether the employee candidate holds a position of trust and confidence to the
incumbent—the closer the ties, the greater the likelihood of disruption.
c.Whether the employee candidate is running for a position in which he/she
would replace or become superior to his/her current supervisor—in such
circumstances the likelihood of disruption would be greater; or
d.The nature of the relationship between the employee candidate and the
incumbent and the degree of contact they have with one another—the greater
the amount of contact and interaction, the greater the likelihood of disruption.
e.Not allthe above factors must be met to find a reasonable prediction of
disruption.
C. E6!,5!4)/. !.$ !#4)/.
1.The City Managershould consult with legal counsel for the Cityin determining
whether there exists a reasonable prediction of disruption and the appropriate
employment action to take.
2.TheCity Managershould 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
takingthe 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.
Page 34of 36
Personnel Policy
February 10, 2022
XVIII. 3%0!2!4)/. &2/- %-0,/9-%.4
A.2%$5#4)/.3 ). &/2#% Ȩ2)&ȩ
When financial circumstances or changes inworkload require, the Citymayreduce forces
in such manner as it deems necessary to maintain the effective functioning ofCity
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
the right to make changes in the work force or assignment of resources deemed to be in
the City’s best interests.
B.#/"2! "%.%&)43
Employees who currently receive medical benefits and who resign or are terminated from
their employment may be eligible to continue those medical benefitsat the employee’s
sole cost for a limited timein accordance withthe Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA). Employees with questions regarding the right to
continue health coverage after termination of their employment should contacttheHuman
Resourcesoffice.
C.%8)4 ).4%26)%7
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 Cityshould
notify the employee when certain benefits will terminate, when final pay willbe 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. 2%3)'.!4)/. 0/,)#9
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 Manageror departmenthead. 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 3or moreworking days
in a rowmay 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 daysin a row, the Citywill
consider the employeeas having resigned and immediately notify him/herof such.
Page 35of 36
Personnel Policy
February 10, 2022
!00%.$)8 ȏ!Ȑ
ACKNOWLEDGMENT OF RECEIPT OF THE CITY OFMcCall 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.
I understand that I am an at-will employee of the Cityof McCall,that this Policy is
not an employmentcontract,that none of the provisions of this Policy can create a
contractand that the Policy isnot a guarantee of any lengthor 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 departmentin 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)
I, _____________________________, provided a copy (either electronically or
by paper) of the City of McCall Personnel Policy, as adopted by the City Council
on__________________ to ___________________________________, on this
________day of ____________________, 20____.
Traci Malvich, Human Resources Manager
Page 35of 36
Personnel Policy
February 10, 2022