HomeMy Public PortalAboutResolution 02-30 Personnel PolicyRESOLUTION NO. 02-30
A RESOLUTION OF THE CITY OF McCALL, IDAHO RELATING TO
ADMINISTRATION, SETTING FORTH ITS POLICIES AND PROCEDURES
REGARDING THE EMPLOYMENT, TREATMENT, AND COMPENSATION OF
CITY EMPLOYEES AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall has employees that perform valuable services for
the Citizens of McCall;
WHEREAS, the Citizens of McCall expect and deserve the highest quality of
service;
WHEREAS, the City Council desires that employment opportunities be available
to all citizens;
WHEREAS, the City Council understands that providing high quality public
service depends upon employee satisfaction;
WHEREAS, the City of McCall intends to be a model employer by providing the
best practical working environment and by providing opportunities for
advancement;
WHEREAS, the City of McCall recognizes its responsibility to treat all employees
fairly;
WHEREAS, the City of McCall intends that continued employment and
advancement depend upon satisfactory performance of duties;
WHEREAS, the City Council of the City of McCall adopted a Personnel Policy
Manual on May 26, 1994; and
WHEREAS, the Personnel Policy Manual adopted on May 26, 1994 requires
updating;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
McCall, Valley County, Idaho, as follows:
Section 1: That the Personnel Policy Manual and Appendices 1 through
4 annexed hereto and made a part of this resolution as if it were included herein
in its entirety, be, and it is hereby adopted as the official statement of the City's
policy concerning personnel and employer -employee relations.
Section 2: The City Manager is hereby directed to cause that a
complete copy of this manual be delivered to each City Officer, Department
Head, McCall Public Library, and Personnel Officer with any amendments,
additions, deletions that may be adopted by resolution of the Mayor and Council
from time to time.
Section 3: The City Manager is hereby directed to conduct sessions
with the staff to inform them about the new policy manual.
Section 4: That each City Officer, Department Head, and Personnel
Officer shall be responsible for knowing the contents of this manual and posting
any amendments, additions, or deletions that be adopted from time to time.
Section 5: That any recipient or other person who becomes aware of
any part of this manual that shall contradict any state, federal, or other statute or
regulation or of any other reason that this manual should be amended shall
report the same to the City Manager who in turn shall prepare the necessary
amendments in proper form and present them to the City Council for approval.
Section 6: That this manual shall be published in a loose-leaf format. It
shall be amended by removing old pages and substituting new pages. Each
change shall be announced by resolution of the City Council which shall be filed
at the beginning of the manual. Each recipient shall promptly file amendatory
pages in the manual.
Section 7: That the Personnel Policy Manual is effective November 1,
2002.
Passed and approved this 24th day of October 2002.
ATTEST:
() Lea,
Tina A. Clark
Deputy City Clerk
Ralph Colton
Mayor
,
""s ;TEAL
1. GENERAL POLICY 4
a. INTRODUCTION TO PUBLIC EMPLOYMENT 4
2. DEFINITIONS 7
3. CLASSIFICATIONS OF EMPLOYEES 9
4. EMPLOYEE RECRUITMENT 11
5. EMPLOYEE PERSONNEL FILES 11
6. EMPLOYMENT FORMS TO BE COMPLETED 12
7. PAYROLL REPORTING SYSTEMS 12
8. EMPLOYEE COMPENSATION AND BENEFITS 12
a. COMPENSATION AND PROMOTION POLICIES. 13
b. EMPLOYEE BENEFITS 17
9. EMPLOYEE EVALUATION AND DISCIPLINE 22
a. EVALUATION PROCEDURES 22
b. RULES OF EMPLOYEE CONDUCT 22
c. EMPLOYEE DISCIPLINE PROCEDURES AND PRINCIPLES 29
d. SEPARATION FROM EMPLOYMENT 31
e. CITY BUSINESS EXPENSES 33
f. EDUCATION AND TRAINING 34
10. EXCEPTIONS 35
11. DISTRIBUTION OF POLICY 35
THIS PERSONNEL POLICY IS NOT A CONTRACT. NO CONTRACT OF
EMPLOYMENT WITH THE CITY OF McCALL WILL BE VALID UNLESS IT IS
SIGNED IN ACCORDANCE WITH PROPER PROCEDURES BY A SPECIFICALLY
AUTHORIZED REPRESENTATIVE OF THE CITY COUNCIL AND UNLESS IT IS
SIGNED BY AND CONTAINS THE NAME OF THE EMPLOYEE WHO WOULD BE
BENEFITED BY THE CONTRACT. ALL EMPLOYEES OF THE CITY ARE "AT
WILL" AND CAN BE TERMINATED WITHOUT CAUSE BY THE CITY.
THE POLICIES AND ANY BENEFIT OFFERINGS OUTLINED IN THIS
HANDBOOK ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT NOTICE.
CHANGES MAY BE MADE AT THE SOLE DISCRETION OF THE CITY COUNCIL.
THIS POLICY MANUAL WILL BE REVIEWED EVERY TWO YEARS AND
UPDATED AS NEEDED.
Legal Counsel and independent contractors for the City of McCall are not covered
by the provisions of this policy.
1. GENERAL POLICY
a. INTRODUCTION TO PUBLIC EMPLOYMENT
i. The organization in which you work.
1. Each employee of the City of McCall is a valuable resource.
We are committed to attracting and retaining the best team
possible to serve the citizens of McCall. Working for the City
of McCall (the "City") may be somewhat different from any
employer for which you may have worked in the past. The
City is a municipal corporation formed pursuant to the laws of
the State of Idaho. The City Council serves as the governing
body for the City. The City Council has the powers of general
policy making for the City. As with all elected public officials,
the City Council is ultimately responsible to the voters of the
City. The terms set forth in this booklet reflect public entity
policy at the time of its printing, but they are subject to change
at any time, without prior notice, and at discretion of the City.
The chief duty of the City Manager is to implement all policies
set forth by the City Council and for the administration of the
City.
2. The City Council has the authority to establish general policy
for City employees. The terms and conditions set forth in this
policy, and the resolutions and policy statements which support
it, cannot be superseded by any other official's commitment,
without the express written agreement of the City Council.
That is particularly true for terms or conditions which would
establish a financial obligation for the City, now or in the
future. It is important that all employees understand the
relationship between policy adopted by the City and
department procedures implemented by the City Manager and
Department Heads. Department Heads are responsible for
providing employees with access to and training on
departmental procedures. Department policies must be
approved by the City Council, department procedures must be
approved by the City Manager. If a conflict between a
departmental policy and a City policy exists, the City policy
takes precedence.
ii. The following departments make up the City of McCall
organizational body:
• City Manager Department, including facilities maintenance and
Network Administration
• City Clerk/Treasurer, including the Finance Department and
Personnel
• Community Development Department, including Building
Inspection and Grant & Project Coordination/Administration
• Golf and Parks Department
• Public Works Department, including Street, Water, and
Wastewater Treatment Divisions
• Recreation Department
• The McCall Police Department
• The McCall Public Library
• The McCall Municipal Airport
• City Attorney
• City Prosecutor
• City Engineer
b. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: All selection
of City employees and all employment decisions, including classification,
transfer, discipline, and discharge, will be made without regard to race,
religion, gender, age, national origin, veteran, current or future military status,
sexual preference, or non -job -related disability. No job or class of jobs will
be closed to any individual except where a mental or physical attribute,
gender, or age is a bona fide occupational qualification. It is the policy of the
City to comply in all respects with the Americans with Disabilities Act. All
objections to application of the City's policy in this regard shall be brought to
the attention of the City Manager, or in the case of objection to actions taken
by the City Manager, the City Council.
c. VETERAN'S PREFERENCE: The City will accord a preference to
employment of veterans of the U.S. Armed Services in accord with provisions
of Idaho Code section 65-502 or its successor. In the event of equal
qualifications for an available position, a veteran who qualifies for preference
pursuant to Idaho Code section 65-502 or its successor will be employed.
d. NEPOTISM PROHIBITION: No person shall be employed by the City
when said employment would result in a violation of the anti -nepotism
provisions found in Idaho Code.
e. EMPLOYEE INDEMNIFICATION: Employees acting upon proper
authorization and within the scope of their employment duties may be
indemnified by the City to the extent provided by the City's insurance
policy(ies) in effect at the time of the claim or occurrence.
f. WORKPLACE VIOLENCE STATEMENT: Violence in the workplace
will not be tolerated by the City of McCall under any circumstances.
Employees who believe they are the target of violence in the workplace shall
notify their supervisor immediately. The City will develop a policy on
violence in the workplace for inclusion in this policy manual as an appendix.
g•
HARASSMENT PROHIBITION:
i. Harassment of any kind is contrary to the policies of the City and shall
not be tolerated.
ii. Sexual Harassment is illegal and contrary to the policies of the City.
Sexual harassment shall be defined as making unwelcome sexual
advances or requests for sexual favors or other verbal or physical
conduct of a sexual nature a condition of employment, or making
submission to or rejection of such conduct the basis of employment
decisions or creating an intimidating, offensive, or hostile working
environment by such conduct.
iii. The following are some illustrative, but not definitive, examples of
prohibited sexual harassment. This list is not all-inclusive. Any
conduct that might be deemed offensive shall be avoided.
1. Verbal: Sexual innuendo, sexually suggestive comments,
insults, jokes of a sexual nature, or sexual propositions;
2. Non-verbal: Making suggestive or insulting noises,
leering, whistling, making sexually -related gestures, posting
sexually explicit pictures or drawings;
3. Physical: Touching, pinching, brushing the body, coercing
intimate contact, sexual intercourse, or assault.
iv. Any employee who believes he or she has been the subject of sexual
harassment shall report the alleged conduct immediately to their
supervisor, department head, or the City Manager. In the alternative,
reports may be filed with the Personnel Officer. Supervisors or
Department Heads will then immediately notify the City Manager,
who will in turn report the event to the City's legal counsel or other
legal counsel if needed. Any complaint relating to possible sexual
harassment shall be taken to the person first listed above unless
practical considerations require otherwise. Any such complaint related
to the conduct of the City Manager shall be brought to the attention of
the City Attorney or any member of the City Council.
v. A confidential investigation (to the extent that confidentiality is
allowed by law) of any complaint will be undertaken promptly by an
individual designated by the City Manager, or in the case of a
complaint against the City Manager, the City Council. Employees also
have the right to contact the Idaho Human Rights Commission, the
Equal Employment Opportunity Commission, or a private lawyer to
discuss their legal rights. The City encourages each employee to use
the procedures set forth in this policy to address any sexual harassment
problems as quickly as possible.
vi. Any employee found by the employer to have sexually harassed
another employee will be subject to appropriate disciplinary sanctions
ranging from a written warning to termination. Retaliating or
discriminating against an employee for complaining about sexual
harassment is strictly prohibited.
vii. The City recognizes that whether sexual harassment has occurred
requires a factual determination based upon all evidence bearing upon
the issue. False accusations of sexual harassment can have serious
effects upon those accused and others in the workplace. All
employees are requested to strictly follow the reporting procedures set
forth in this policy and required to maintain confidentiality in all
matters pertaining to claims of sexual harassment. Sexual harassment
will not be tolerated in the City workplace.
2. DEFINITIONS
a. CITY MANAGER: The City Manager is appointed by the City Council and
serves as the administrative head of the city government under the direction
and supervision of such Council and who shall hold office at the pleasure of
the majority of members thereof. The City Manager shall have the general
supervision over the business of the City and see that the ordinances and
policies of the City are complied with and faithfully executed. The City
Manager possesses such powers and performs duties outlined in Section 50-
811, Idaho Code, Section 1-7-060, McCall City Code, and any formal
agreement between the City Manager and the City of McCall.
b. CITY CLERK/TREASURER:
CITY CLERK: A Department Head appointed by the City Manager and
confirmed by the City Council as set forth in Section 50-204, Idaho Code.
Under the direct supervision of the City Manager, performs professional,
supervisory, administrative and technical work related to records
management, municipal elections, attends City Council meetings, licensing,
oversees public records, and prepares and/or maintains minutes of City
Council and other meetings held by the City subject to the Idaho Open
Meeting Act. The City Manager may designate another member of the staff to
prepare minutes of meetings.
TREASURER: A Department Head appointed by the City Manager and
confirmed by the City Council as set forth in Section 50-204, Idaho Code. A
financial custodian that oversees the budget during the year, reviews the
revenues and expenditures and aids in preparing the budget for the upcoming
year. The Treasurer sets goals for investments, reviews financial reports,
quarterly statements, presents claims to the City Council and assists in
preparing the City audit. The Treasurer also oversees LID procedures.
c. DEPARTMENT HEAD: The person in charge of a department, or other
agency of City government. All Department Heads are appointed by the City
Manager and confirmed by the City Council and work under the direction of
the City Manager.
d. LIBRARY DIRECTOR: The person appointed by the board of trustees of
the City Library. The Library Director will perform duties as outlined in Title
33, Idaho Code. The Library Director is an employee of the City and as such
subject to the policies in this manual. The Library Director holds a position
equivalent to that of a department head for the purposes of this policy manual.
e. SUPERVISOR: The person in charge of a division or working group,
working under the direction of a department head. A supervisor may be
responsible for the work schedules of other employees as directed by a
department head.
f. PERSONNEL OFFICER: The person in charge of overseeing personnel
matters of the City. The Personnel Officer is the appointed by the City
Manager. The Personnel Officer works directly with all employees of the
City, under the direction of the City Manager or designee.
3. CLASSIFICATIONS OF EMPLOYEES
a. EMPLOYEE CLASSIFICATION:
The classification of the position you hold with the City may affect the status of
obligations or benefits associated with your employment. Any employee who is
unsure of his/her employee classification should contact the City Manager to
determine his/her classification. The primary classes of employees and their
respective statuses are outlined as follows:
i. Salaried, Exempt Employees: Salaried, exempt employees work the
number of hours required to perform their jobs. Such employees are
compensated on the basis of a fixed salary each pay period regardless
of the number of hours worked and shall have greater flexibility in
scheduling their time, subject to approval of their supervisor. The
Department Head or City Manager will determine the hours of work
for salaried employees.
ii. Hourly, Exempt Employees: Seasonal employees and all employees
of the City's Municipal Golf Course are exempt from overtime
regulations under the Amusement & Recreational Employees Section
13(a)(3) of the Fair Labor Standards Act or it's successor. A seasonal
employee works less than seven months per year.
iii. Hourly, Non -Exempt Employees: Hourly, non-exempt employees
will be compensated for hours worked in excess of forty hours in a
week in the form of paid overtime at the rate of one and one-half hours
for each hour worked. All over -time or compensatory time must be
approved by the department head. Employees may choose to accept
compensatory time in lieu of paid overtime. Additionally, Department
Heads may choose to require compensation using compensatory time
in lieu of paid overtime, subject to prior City Manager review and
written approval. In all cases, compensatory time shall be earned at
the rate of one and one-half hours for each hour worked over forty
weekly. No employee may accrue more than 56 hours of
compensatory time. Department Heads have the option to release
employees from work once they have accumulated 40 hours in any
given week to reduce the need for overtime or compensatory time.
iv. Regular Full Time Employee: Any employee regularly scheduled to
work 30 hours per week or more, for a set wage. Unless otherwise
exempt, overtime hours shall be paid at a rate as required by federal
and State law only when actual hours have exceeded 40 hours per
week. No employee shall accumulate overtime hours without prior
written authorization from his/her supervisor. Regular full time
employees are eligible for benefits including medical and dental
coverage, vacation, sick and holiday pay, enrollment in the Public
Employees Retirement Systems of Idaho, as well as optional additional
457, Deferred Compensation and additional supplemental insurance.
v. Part Time Employee: An employee regularly scheduled to work less
than 30 hours per week. This position is paid on an hourly basis.
Unless exempt, overtime will accrue as required by State and federal
law and only when working over 40 hours per week. These employees
receive no benefits provided to regular full time employees, except
those required by law or by express written authorization of the City
Manager. 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.
vi. Temporary/Seasonal Employee: An employee who provides service
for the City on a seasonal or temporary basis or whose scheduled hours
of employment are typically fewer than 20 hours per week. Seasonal
employees may work during periods of significantly increased
demand, which are regular and recurring in nature. In general, these
employees receive no benefits provided to regular employees.
Seasonal employees are not eligible vacation, Holiday, or sick leave.
vii. Volunteers: Volunteers are distinguished from each of the above
employee classifications. Volunteers perform services for the City for
civic, charitable, or humanitarian reasons, without promise,
expectation or receipt of compensation for services rendered.
Volunteers provide their services freely and without pressure or
coercion, direct or implied, from the City. Volunteers may receive
expenses, reasonable benefits, a nominal fee, or some combination
thereof, without losing their status as volunteers. Such expenses,
reasonable benefits, or nominal fees might include, but are not
necessarily limited to: a uniform allowance; reimbursement for
cleaning expenses; out-of-pocket expenses such as meals and
transportation; tuition, and meal costs involved in attending special
classes or training for protection; books, supplies and other materials;
benefits such as inclusion in group insurance plans, pension plans, or
length of service awards. The fact that such expenses or reasonable
benefits can be provided without affecting one's volunteer status does
not require the City to provide any such expense or reasonable benefit
to any volunteer. The City alone may elect, but is not required, to
provide such expenses, or reasonable benefits to City volunteers.
b. Significance Of Employee Classification: The procedures for hiring,
promotion, and transfer of full-time employees shall be subject to the
provisions of this policy. Personnel actions concerning part-time employees,
casual employees, or volunteers are not subject to guidelines set forth herein
unless the handbook provisions expressly provide therefore. All employees
are subject to the Rules of Employee Conduct described in this Manual.
4. EMPLOYEE RECRUITMENT
The City of McCall applies an open and competitive process in the filling of
vacancies in order to obtain the best qualified candidate for each position. The
City believes in promoting employees or filling vacancies from within but retains
the right to recruit from outside the organization. To ensure that all employees
are given equal opportunity, notification of vacant positions will be posted on the
general bulletin board at City Hall and distributed to all Department Heads for
further interdepartmental posting. Positions identified for broader recruitment
will be advertised in additional ways under the direction of the Personnel Officer.
The Personnel Officer shall maintain an internal written procedure outlining the
specific process to follow when filling vacancies.
5. EMPLOYEE PERSONNEL FILES
a. Personnel Records. The official employee records for the City will be kept
in the office of the Personnel Officer. Within these personnel files will be
kept all records of an employee's performance evaluation, employee status,
and other relevant materials related to the employee's service with the City.
Anyone in the employee's supervisory chain or the employee may request to
contribute materials to the employee's personnel file. Normally the personnel
officer will make a determination as to the relevance to the employee's
personnel file, subject to the City Manager's review. If it is submitted by a
party other than the employee, a copy will be provided to the employee within
7 days of the addition to the file. Each employee shall have the right to
review materials placed in his or her personnel file at any reasonable time.
Copies of materials in a personnel file are available to each employee without
charge. Personnel files shall not be removed from the premises.
b. Access to Personnel Files. It is the policy of the City to allow limited access
to the personnel file for any employee. Those authorized to review all
materials in a personnel file include the employee's supervisor, the Personnel
Officer, the City Manager, and the employee him or herself. Based upon the
inherent confidentiality of personnel matters, access of others to personnel
files shall be only with authorization of the supervising official and the
Personnel Officer and then only the information pertinent to the inquiry will
be made available. Information regarding personnel matters will only be
provided to outside parties with a release from the employee or in other
circumstances where release is deemed appropriate or necessary with the
concurrence of both the official supervising the records and the City Manager,
or as required by Idaho State Code or court order.
c. Management of Information in Personnel Files. Each employee shall be
provided an opportunity to contest the contents of a personnel file at any time.
This is to be done by filing of a written objection and explanation which will
be included in the file along with the objectionable material. In the sole
judgment of the supervising official, with the concurrence of the City
Manager, any contested material may be removed upon a showing by the
employee that it is inaccurate or misleading. Given that copies of
performance related materials are provided to the employee as they are placed
in the personnel file, it is expected that the employee will raise concerns
within 90 days of receipt of their copy of contested material. Unless removed
under the process above, disciplinary notices and records will not be removed
for at least ten (10) years from the date of the any occurrence calling for
disciplinary action. Any purging of other records may be done annually by the
personnel officer provided such purging is performed uniformly to all files
and is subject to the; concurrence of the City Manager, without notifying the
employee in advance, the items purged will normally be given to the
employee.
6. EMPLOYMENT FORMS TO BE COMPLETED
a. The following pre -employment forms must be completed before the employee
may begin work for the City:
b. Employment application form. Resumes are not accepted in lieu of the
official application. The City will only accept applications for positions
currently open.
c. Immigration form (I-9) and tax form (W-4).
d. Acknowledgement of Understanding of the City's Drug Free Workplace
Policy.
e. Any other benefit forms necessary for employee information.
7. PAYROLL REPORTING SYSTEMS
Reports of hours worked and time on and off the job must be completed in a
timely manner in accord with procedures established by the payroll officer. Each
report of employee time must be signed by both the supervisor and by the
employee and shall contain a certification that it is a true and correct record of the
employee's time and benefit usage for the time period covered.
8. EMPLOYEE COMPENSATION AND BENEFITS
The City provides a compensation and benefit package to qualified regular full-time
and salaried employees. Under some circumstances, it may be possible for other
employees to obtain similar benefits from the City with City Council approval, but
employees other than regular full-time employees are generally not eligible for such
benefits. The compensation and benefits outlined in this Section only apply to regular
full-time or salaried employees unless otherwise required by law, provided by written
authorization of the City Manager, or specifically stated otherwise in a separate
employment agreement which has been approved by the City Council.
a. COMPENSATION AND PROMOTION POLICIES.
i. Establishment of Pay System. The City compensates employees in
accord with policy decisions made by the City Council as budgets are
set and tax levies are authorized. Pay for any given position is subject
to the annual budgetary process and as such may be subject to
increase, reduction, or status quo maintenance for any time period.
The City Manager shall make decisions regarding salary compensation
and other pay system concerns within the budgetary constraints
approved by the City Council and applicable legal requirements. The
City Manager reserves the right to make budget adjustments, and
consequently pay adjustments, during the course of the budget year in
order to manage cash flow or to deal with other circumstances which
justify changes in entity expenditures. See Appendix 4 for the most
current pay system.
ii. Compliance with State and Federal Pay Acts. The City shall
comply with all State and Federal pay acts respecting the
compensation of employees for services performed in the public
service.
iii. Right to Change Compensation. The City reserves the right to
change general compensation for any reason deemed appropriate by
the City Manager. Compensation may also be adjusted based upon job
performance and the availability of funds to maintain a solvent City
budget.
iv. Overtime Compensation - Compliance with Fair Labor Standards
Act.
1. In addition to the employee classifications set forth elsewhere
in this policy, all employees are classified as exempt or non-
exempt for purposes of complying with the Federal Fair Labor
Standards Act (FLSA). The FLSA is the Federal wage and
hour law which governs the obligation of employers to pay
overtime compensation. Certain employees are exempt from
operation of this law because they hold positions which are
professional or primarily executive or administrative in nature.
As such, exempt employees are not required to receive
overtime pay for hours worked beyond the limits provided by
the statute. Department Heads have the option to release
employees from work once they have accumulated 40 hours
worked in any given week to reduce the need for overtime or
compensatory time. In determining overtime compensation,
only hours worked shall be considered. Specifically, Holiday,
vacation, K-9 care, or sick time shall be excluded from the
calculation.
2. Some positions, such as law enforcement, are subject to
different standards in regard to the number of hours worked
prior to eligibility for overtime. The Department Head of
employees who are subject to different standards will notify the
employees in writing of the number of hours that must be
worked prior to eligibility along with a copy of the applicable
regulatory guidelines and provide a copy of such notification to
the payroll officer.
v. Compensatory Time Policy. The City's general policy is not to allow
the use of compensatory time in lieu of paid overtime. In
circumstances where the City Manager determines that the use of
compensatory time is in the best interest of the City, Department
Heads may authorize the use of compensatory time. With prior written
approval of the City Manager, a department head may permit
employees to be compensated for hours worked over forty with
compensatory time based at time and a half in lieu of overtime. All
compensatory time must be approved in advance by the department
head, subject to review by the City Manager. Additionally, Department
Heads may choose to require compensation using compensatory time
in lieu of paid overtime, subject to City Manager review. No
employee may accrue more that 56 hours of compensatory time.
Compensatory time must be used within three months of the end of the
calendar year in which it is earned. If the employee does not use the
time accrued on or before December 31 by March 31 of the following
year, the City will pay the employee for those hours. At their
discretion, the City Manager and Department Heads have the authority
to require employees to use accrued compensatory time at a time
determined by the City Manager or Department Head. Once the
election to accrue compensatory time has been made, the election shall
be binding and the employee may not later receive payment for
accrued compensatory time except for when being paid for actually
using compensatory time off or upon involuntary termination or as
indicated above.
vi. Work Periods. Employment with the City is subject to the Federal
Fair Labor Standards Act as previously described. Employees will
normally work eight hours with an unpaid one hour lunch. Employees
who work more than four consecutive hours will receive one ten
minute break during each four hour period. Supervisors may require
employees to schedule breaks and lunch in such a manner as to
accommodate the work environment. Supervisors may permit
employees to occasionally combine break times to accommodate the
employee provided the combination does not adversely impact the
department's operation. Each employee is responsible for monitoring
the status of hours worked in each work period. Overtime will be
allowed only when previously authorized in writing by an appropriate
supervisor or when absolutely necessary in an emergency.
vii. Reporting and Verifying Time Records. It is the responsibility of
each employee to properly record time that he or she has worked
during a payroll period. Each time card shall bear the signature of the
employee with a statement verifying its accuracy and a signature of
their supervisor indicating that the hours claimed were actually
worked. These records shall be retained for at least three years
following a pay period or the conclusion of an employee's service or
for a period identified by Council action under records retention.
Failure to carry out these duties may result in disciplinary action.
viii. Performance Appraisals. Employees will participate in an annual
performance evaluation system using an evaluation form designated by
the City Manager or by an individual department with the approval of
the City Manager. Such evaluations will be the basis for merit
increases, if warranted. A copy of the performance evaluation will
accompany any request for merit increase in pay. A copy of the
evaluation will be placed in the employee's personnel file after review
by the City Manager.
ix. Promotions and Compensation. Compensation for all employees is
established by action of the City Manager, subject to budgetary
approval by the City Council. The annual budget of the City sets the
funding available for compensation of employees in various
departments. The City believes in promoting employees from within
but retains the right to recruit from outside the organization.
Promotions and changes in status may be recommended and made by
persons in each of the operating departments but final authority
regarding compensation rests with the City Manager, and no change in
compensation is effective until properly approved by the City
Manager.
x. Payroll Procedures and Paydays. Employees are paid every other
week throughout the year. Paychecks are issued by the Finance
Department every other Friday. Paychecks compensate employees for
work performed in the pay period preceding the week in which the
check is issued. Paychecks are to be distributed at the workplace prior
to 5:00 p.m. on payday. Employees who elect to have payment made
directly to their financial institution shall verify their deposit upon
receipt of their pay stub.
xi. Employee Verification of Accuracy. It is the obligation of each
employee to monitor the accuracy of each paycheck received.
Information shown on the employee's paycheck stub is provided for
information only. The paycheck is generated by a computer program,
and may not accurately reflect or adapt to individual circumstances.
xii. Compensation while Serving on Jury Duty or as a Witness in a
Court Proceeding. Unless specifically stated otherwise in the
applicable Employee Agreement, any employee, including a volunteer,
who is directed by proper authority to appear as a witness for the
federal government, State of Idaho, or a political subdivision thereof,
or to attend court or other hearings in connection with official duties,
or to serve jury duty, shall immediately notify the Supervisor and shall
not be considered absent from duty. If the employee is a regular full-
time or other paid employee who would otherwise be entitled to
receive wages during the time of service as a witness or on jury duty,
then such wages shall continue during the time of service, computed in
the same manner as Holiday pay. Any compensation paid in
conjunction with the service will be retained by the employee.
Employees released from Jury duty are expected to return to work if at
least three hours of their normal shift remains.
xiii. Military Leave. Unpaid leave of absence will be granted to
participate in ordered and authorized field training. Our public entity
employment policy will comply with the provisions of Idaho Code
section 46-224, et seq., or its successor, as those Code provisions
govern leaves of absence for military service and Uniformed Services
Employment and Reemployment Rights Act of 1994. Continuation of
medical benefits shall apply but vacation and sick accruals do not
apply during unpaid leave.
xiv. Payroll Deductions. In accord with Idaho Code section 45-609 or its
successor, no payroll deductions will be made from an employee's
paycheck unless authorized in writing by the employee or required by
law.
xv. Reduction in Force. Employee assignments may be affected by
reductions in force made due to economic conditions or changes in
staffing and workload. The City Manager reserves the right to make
any changes in work force or assignment of resources that it deems to
be in the organization's best interests. The City Manager may also
specify at the time reductions in force are made what reinstatement
preferences may accompany the reductions. Said reinstatement
preferences may be tied to the classification of the employee or to
specialized skills possessed by the employee.
b. EMPLOYEE BENEFITS
i. THE CITY OFFERS A NUMBER OF EMPLOYEE BENEFITS
FOR FULL-TIME EMPLOYEES. THESE BENEFIT
OFFERINGS ARE SUBJECT TO CHANGE OR
TERMINATION AT THE DISCRETION OF THE CITY
COUNCIL. The amount and types of initial coverage employees are
eligible for shall be identified in the employment offer letter. The City
Manager shall provide all employees with information relating to
changes to benefits as the City Council approves them.
ii. Retirement. It is the policy of the City to participate in the Public
Employees Retirement System of Idaho (PERSI) as provided in Title
59, Chapter 13, Idaho Code or it's successor. Contact the Personnel
Officer for further information.
iii. Vacation (also called Annual Leave): Salaried and full time
employees shall accrue vacation at the rates indicated below. Regular
part time employees shall accrue vacation at the same rate as Holiday
pay as described below. The City Clerk/Treasurer shall maintain a
record of each employee's vacation balance and report that
information on each employee's paycheck.
Employees shall accrue vacation as follows:
Years
of
Service
Less than 1
1 to 5
5 to 10
10 or more
Annual
Vacation
Accrual
56 hours
80 hours
120 hours
168 hours
Maximum
Vacation
Accrual
56 hours
160 hours
240 hours
240 hours
iv. The portion of vacation accrual shall be posted to each employee's
vacation account each pay period except that no employee may accrue
more than the "Maximum Vacation Accrual" indicated above. When
an employee's account balance reaches the "Maximum Vacation
Accrual" indicated above, he or she would accrue no additional
vacation until the account is reduced. Vacation not earned due to
maximum accrual shall be deemed "lost" 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.
Employees with more than 240 accrued hours as of October 1, 2003
will have until October 1, 2004 to use vacation hours in excess of 240
hours or said hours will be lost.
v. Employees desiring to take leave shall submit a written request to their
immediate supervisor in advance of the date requested. Department
Heads shall establish internal policies regarding the number of days
advance notice is required. Vacation may be taken only after written
approval of the supervisor.
vi. Supervisors shall not approve vacation if the employee does not have
sufficient vacation accrued for the absence nor if the employee's
absence would require the hiring of additional help in order for the
department to function.
vii. Separating employees shall be paid for up to their maximum accrual of
unused vacation.
viii. Employees shall accrue vacation from their first day but can not use
vacation until they have completed six months employment. Vacation
is not compensated at the termination of employment for employees
who do not complete six months of employment.
ix. Holidays. Unless specifically stated otherwise in the applicable
Employee Agreement, employees of the City shall be entitled to the
following ten (10) paid holidays:
x. New Years Day, Human Rights Day/Martin Luther King Jr. Day,
President's Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas
Day.
xi. Employees will also be entitled to any other holiday that is officially
designated as such by the President of the United States.
xii. All employees must work their regularly scheduled hours on the day
preceding and following the holiday in order to receive holiday pay,
unless prior arrangements authorizing the use of compensatory time,
sick leave, or vacation time have been approved in advanced by the
employee's supervisors.
xiii. Salaried and full time employees will be paid an amount equal to one
day's pay for each paid holiday. If a holiday falls on an employee's
normally scheduled day off or a weekend, the next regularly scheduled
work day shall be considered the paid holiday. For example, if an
employee normally does not work on Monday and Monday is a
holiday, the employee shall take Tuesday off as a paid holiday. Part
time employees who are eligible for holiday pay will receive pay in an
amount equal to their normally scheduled hours.
xiv. When entitled, regular part time employees will receive pro -rated
holiday pay based on the hours scheduled in the four weeks preceding
the Holiday as follows:
Normally Scheduled Hours Holiday Hours
28-30/week 6
23-27/week 5
20-22/week 4
0-19/week 0
xv. Insurance Coverage Available to Employees. Insurance coverage
begins on the first day of the month following the month in which
employment began unless otherwise specified in the employment offer
letter. All coverage is subject to policy terms and to change at any
time. Claims procedures are administered by the Personnel Officer.
Continued health coverage is available to former employees at their
own cost pursuant to federal law (COBRA). Information may be
obtained from the Personnel Officer or the group insurance plan
provider.
xvi. Worker's Compensation Insurance.
1. Coverage for job -related injuries is provided for all employees.
2. Employees who return to work and are undergoing follow up
treatment, such as physical therapy or other appointments
directly related to a Worker's Compensation upheld claim will
be allowed to attend those appointments during normal
working hours with pay, without being required to use sick
leave for up to 78 hours per occurrence.
3. Questions regarding worker's compensation issues shall be
directed to the employee's supervisor, Personnel Officer or the
City Manager.
xvii. Employee Assistance Program. An Employee Assistance Program
is a counseling service provided by the City for regular full-time and
salaried employees and their dependents. This confidential service
assists individuals and families with problems such as stress, financial
concerns, marriage, depression, etc. The initial counseling services are
free to the employee and their dependents. For further information,
refer to the interdepartmental bulletin board, a department head or
supervisor, the City Manager, or the Personnel Officer.
xviii. Sick Leave: Sick leave is provided to ensure that employees do not
suffer financially in the event of temporary illness or non job related
injury or to attend a seriously ill family member but may not be used
as vacation.
1. Salaried and full time employees shall accrue sick leave at the
rate of 96 hours per year up to a total of 720 hours. Part time
employees accrue sick leave on a pro -rated basis using the
average normally scheduled hours. Employees hired before
May 1, 1989 may accrue up to 960 hours of sick leave.
2. To promote wellness, increased productivity, and employee
retention, effective October 1, 2003, employees who separate
have the option to receive pay for unused sick leave accrued in
excess of 500 hours, up to the maximum accrual. For example,
an employee hired before May 1, 1989 who retires with 960
hours of accrued sick leave would be paid for 460 hours.
3. Sick leave may be used if the employee is ill, requires medical
treatment, for medical and dental appointments and to attend to
family members who are ill or injured. For the purposes of this
policy, the term "family member" includes only spouse, child,
including biological, foster and adopted children, parents
including biological, foster or adoptive parents and any person
who stood in "loco parentis".
4. Sick leave may be used in circumstances where the Family and
Medical Leave Act applies. It is the City's policy that when
the conditions specified in the FMLA are present, the absence
is considered pursuant to FMLA even if the employee does not
apply for such an absence under that statute. Consequently, the
employee may be required to obtain medical certification for
his/her own or a family member's absence.
5. Sick leave for medical and dental appointments must be
approved in advance in the same manner as vacation. In the
event of unforeseen illness or injury, the employee must call or
otherwise notify their supervisor, in advance if possible, but
within two hours after scheduled reporting time in all cases.
6. The City will establish a sick leave bank for use by employees
who suffer from catastrophic illness or injury. Appendix 1
outlines the detailed policy.
7. Supervisors shall normally require a physicians release from
employees who have been absent for 3 or more consecutive
work -days. Supervisors may require a release for fewer than 3
days, subject to City Manager approval.
8. Sick leave shall be paid based on the regularly scheduled hours
for all employees. If an employee normally works six hours
per day the maximum hours paid shall be six hours for that
day.
9. Employees may not combine the use of sick leave and regular
hours to receive more paid hours than their normal weekly pay.
For example, if a full time employee used eight hours of sick
leave on Monday and then works a total of 35 hours for the
remainder of the week, the sick leave used will be reduced by
three hours.
xix. Disability Leave. The City shall allow any employee who becomes
disabled unpaid leave in accordance with the Family and Medical
Leave Act and/or the Americans with Disabilities Act for purposes of
recovering from said disability. In order to receive pay for any or all
of said leave, the employee must use vacation, compensatory time,
and/or sick leave.
xx. Bereavement Leave. Unless specifically stated otherwise in the
applicable Employee Agreement, up to five (5) working days off with
pay will be permitted for full-time employees for deaths occurring in
the employee's family as defined in this paragraph. Employee's
family shall include the employee's spouse; children, stepchildren,
grandchildren, guardian children; the employee's or spouse's parents;
the employee's or spouse's siblings; and the employee's or spouse's
grandparents. Additional days of leave without pay may be authorized
by the employee's supervisor.
xxi. Leaves of Absence (other than vacation). The City Manager may
grant up to thirty days unpaid leave if circumstances warrant unpaid
leave. Paid leave of absence in any amount or unpaid leave in excess
of thirty days shall require prior written approval of the City Manager.
Employees are also subject to the provisions of the FMLA.
xxii. Other Benefits. All other employee benefits, including health
insurance, shall begin only after the first day of the month following
the month in which employment began.
xxiii. Reduction in Benefits. The City, through its City Manager, reserves
the right to change, condition, or terminate any benefits set forth in this
section. No employee shall acquire any rights in any current or future
status of benefits except as the law otherwise requires.
9. EMPLOYEE EVALUATION AND DISCIPLINE
a. EVALUATION PROCEDURES
i. Standard Procedures. Each full time employee will be evaluated on
an annual basis to assess the performance of that employee in the job
being performed for the City. Each evaluation will be given on the
basis of the direct supervisor's observations of the employee's
performance, the accuracy of the employee's work in addition to the
quantity, and additional efforts expended by the employee on behalf of
the City. During the evaluation process, the supervisor may consider
information supplied by third parties. Each supervisor is authorized to
use necessary evaluation tools. At the same time the supervisor must
fill out a standard City or City Manager approved Departmental
evaluation form, which shall be placed in the employee's permanent
record file.
ii. Interviews (Evaluation). Each evaluation shall be concluded with an
interview between the evaluated employee and the immediate
supervisor during which the supervisor will share the evaluation with
the employee and discuss overall performance. Each employee will be
given an opportunity to respond to the evaluation orally, in which case
notes may be taken by the supervisor, or the employee may submit a
written response to the employer's evaluation to be placed in the
employee's personnel file, provided that it is filed with the employer
within 10 days of the date of the oral presentation of the evaluation.
The employee will receive a copy of the completed evaluation form
within 10 days of the City Manager's review of the evaluation.
b. RULES OF EMPLOYEE CONDUCT
i. PERSONAL PERFORMANCE AND BEHAVIOR
1. Each employee of the City is expected to conduct him or
herself in a manner that does not reflect adversely upon the
City. Failure to do so will be considered a violation of City
policy and the employee will be subject to disciplinary actions
as outlined in this policy manual. Each employee must
recognize that 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. In order to
accomplish the goals of the City as a public institution, each
employee is expected to scrupulously avoid personal behaviors
which would bring unfavorable public impressions of the City,
it's officials, and fellow employees. In order to accomplish
this, each employee:
2. Shall be prompt and regular in attendance at work or other
required City functions.
3. Shall comply with dress standards established in a department
for which the employee works. In the absence of any
departmental dress standards, clothing shall be appropriate for
the functions performed and shall present a professional
appearance to the public.
4. Full-time employees shall dedicate primary efforts to the City
employment with secondary employment subject to approval
by the department head subject to review by the City Manager.
No employee of the City shall receive monetary compensation,
from a source other than the City payroll budget, for the use of
any City personnel, equipment, or facilities.
5. Shall not accept gifts or gratuities in any personal or
professional capacity which could create the impression that
the giver was seeking favor from the employee or official.
Gifts such as items of a purely advertising nature (hats, pens,
and other low cost items) are generally permitted, as are low
cost seasonal gifts. Items with a cash value of greater than $20
would generally be considered questionable under this policy.
6. Shall not serve on any City Council or commission which
regulates or otherwise affects the official duties or personal
interests of said employee in a way that could create
disadvantage for other members of the public or advantage for
the employee. This would not preclude the employee from
serving on boards or commissions that do not have a direct
impact on their official City duties. At the employee's request,
the City Manager will request a legal opinion from the City
Attorney to assist in this determination.
7. Shall not release personnel information or any other public
record without the express authority of the public official
responsible for custody of the record or without an order from
a court of competent jurisdiction.
8. Shall not use substances, unlawful or otherwise, which will
impair the employee's ability to perform essential job
functions.
9. Shall not engage in unsafe operation of a City motor vehicle,
even though the driving conduct does not occur during hours of
employment. Employees operating emergency vehicles are
also subject to additional requirements which may take
precedence over this paragraph. In no case shall an employee
operate any City vehicle when such operation would be
considered a criminal act under current law defining such
operation under the influence of drugs or alcohol.
ii. EMPLOYEE STANDARDS
1. Employees are not to engage in behavior that would be
detrimental to the City's business and/or reputation, or that
would constitute a violation of the City policies or jeopardize
the safety of others. Any conduct, behavior, or attitude
inconsistent with these principles may result in corrective
actions up to and including termination.
2. In addition to adhering to the concept in the preceding
paragraph, each employee will be expected to conduct him or
herself in the workplace in accordance with the following rules.
These rules are not all-inclusive of conduct expected of City
employees. Each employee of the City shall:
3. Fully cooperate with any internal investigation.
4. Give his/her best efforts to accomplish the work of the City for
public benefit in accordance with policies and procedures
adopted by the City Council and mandated by the City
Manager and City Department Heads. Each employee shall be
subject to the administrative authority of the person who
supervises the department where the employee works.
5. Adhere to any code of ethics in his/her profession and avoid
conflicts of interest or using his/her public position for personal
gain.
6. Follow all rules for care and use of public property to assure
that the public investment in equipment is protected and that
the safety of the public and other workers is maintained.
7. Abide by all departmental rules whether they be written or
issued orally by the department head or supervisor. No
employee shall be required to follow the directive of a
department head or supervisor which violates laws of any local
jurisdiction, the state, or nation.
8. Abide by pertinent State and Federal Statute, and City rules
concerning the dissemination of information to the public from
public records or about public matters. The decision to release
information from the public records or to disclose writings or
other information in the hands of a public official belongs with
the responsible official who has official custody of that record.
Each employee shall maintain the confidential nature of
records that are not open to public scrutiny in accordance with
the direction of the responsible official.
9. Adhere to the defined work schedule and procedures for an
exception from normal work schedules. Department Heads
may adjust work hours to meet the needs of the City. Each
employee shall follow the rules regarding the reporting of work
hours and the approval which must be given for pay record
submittal. Failure to follow such rules may be grounds for
delayed payment of wages, salaries, or reimbursements or for
imposition of appropriate disciplinary penalties.
10. Follow rules regarding breaks and lunch periods, including
provisions granting supervisors authority to adjust them.
Timing of breaks or lunch periods may be changed to
accommodate the completion of necessary work.
11. Be in compliance with all laws, rules, and regulations
concerning safe practices as published by governmental
agencies having jurisdiction over such matters. Sound
judgment and safe practices must be exercised in the work
habits of all employees. Employees concerned about the
possible safety of a work act shall talk to their supervisor
before performing that task. Employees are encouraged to
suggest ways to make the workplace or work procedures safer.
Any employee may contact the Department Head or City
Manager to report safety concerns at any time.
12. Follow all rules for reporting accidents or illnesses. Each
employee shall cooperate in the reporting and reconstruction of
any job -related accident or illness in order that hazards can be
eliminated and that proper consideration can be accorded to
injured workers and the public. All job related accidents or
illnesses shall be reported to the department head or supervisor
immediately, who in turn shall then inform the Personnel
Officer as soon as possible.
13. Complete a drug and/or alcohol test if involved in an accident
involving a City motor vehicle or other motorized equipment.
This would include a motor vehicle accident if the accident
occurs during official travel, even if the vehicle is a privately
owned vehicle.
14. Report any accidents observed to have happened on City
property or involving City property or equipment. Each
employee shall provide as much information as he or she can
from the observations made in the course of activities
associated with one's work. Such information shall be reported
to the employee's immediate supervisor or department head as
soon as physically possible and reasonable efforts should be
made to assist those in need. In cases involving City liability,
the Personnel Officer shall also be notified as soon as possible.
15. Maintain a current driver's license when necessary in the
conduct of work for the City. Each employee must report any
state -imposed driving restrictions to his/her immediate
supervisor. Each employee is also obligated to notify his/her
supervisor in the event that his/her driving abilities are
impaired by anything other than state restrictions.
16. 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.
17. Become familiar with and adhere to the City of McCall's
Drug/Alcohol Policy. Should you have any questions
concerning the Drug/Alcohol Testing Policy, contact the
Personnel Officer.
iii. PROHIBITED WORKPLACE CONDUCT
1. Within the workplace, employees of the City shall not:
a. Be present in the workplace under the influence of
prescription drugs, alcohol, or other substances which
impair the ability of the employee to perform essential
job functions or threaten the safety or well-being of
other workers or the public. If an employee is absent
from work on account of such condition, even if such
condition did not occur during regular working hours,
the absence shall be considered unexcused.
b. Engage in abusive conduct to fellow employees, or to
the public, or use abusive language in the presence of
fellow employees or to the public. Abusive language
shall include profanity and loud or harassing speech.
c. Sexually harass a fellow worker or member of the
public at any time while in City service. Any claims of
sexual harassment shall remain confidential unless they
cannot be resolved through actions taken by the
appointing authority. Refer to Section I g of this
manual for additional information.
d. Use work time for personal business including selling
of goods or services to the general public or preaching
religious or political views to members of the public
during the workday. Employees shall minimize the
amount of work time spent on similar activities engaged
in with fellow employees.
e. Engage in use of the City issued cellular phones,
facsimile machines, voice mail, computer or Internet
access for personal business. Limited personal use of
the above systems is allowed, as long as it does not
affect the employee's work or workplace, does not add
cost to the City, and is always subject to supervisory
oversight. Employees will not use the City Internet
access to view pornographic materials at any time. A
more extensive set of guidelines regarding the use of
office automation is provided as Appendix 3 to this
manual and shall be updated on an annual basis by the
City Manager.
f. Use telephones in the office or workplace in a manner
that disrupts the work or work flow nor shall workplace
telephones be used for non -local, personal calls or calls
relating to the employee's business or other personal
interests.
g. Use City vehicles or equipment in a manner
inconsistent with City Business.
h. Engage in political activities while on duty in public
service. Employees shall enjoy full political rights
when not carrying out their work obligations.
i. Provide false or misleading information on employment
applications, job performance reports, or any other
related personnel documents or papers.
Smoke within any City office, buildings, or vehicle.
k. Violate state statutes or local rules regarding the
inappropriate use, alteration, destruction, or removal of
any public records required by law to be kept by the
entity or by other public officials.
1. Abuse employee benefit offerings by taking unjustified
sick leave, unearned vacation, or otherwise participate
in a scheme or deception designed to create incorrect
personnel records or to claim benefits which are not
deserved in accordance with the City policy.
m. Violate rules concerning absence from the workplace
without proper leave and shall obtain permission as
required by the City policy for use of vacation, sick,
bereavement, or other types of leave granted by this
personnel policy.
n. Engage in multiple or prolonged visits unrelated to City
business with children, friends, or family members
during the course of work.
o. Engage in criminal conduct of any kind while on duty
or off. The 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 City
administration.
p. Fail to report any observed criminal activity or other
serious violation of City policy by an employee of the
City during working hours to a supervisor.
q. Violate any rule established by the City Manager to
maintain order and productivity in the workplace.
r. Discriminate in the treatment of co-workers, or
members of the public (see equal employment
opportunity statement).
s. The foregoing lists are not all-inclusive and violations
shall be grounds for disciplinary action, including
possible dismissal. The rules contained in this
personnel policy manual are subject to change at any
time at the discretion of the City Council. Decisions
relating to the interpretation of the rules in this manual
will be made by the City Manager subject to review by
the City Council.
t. Potential penalties for violation of any such rules may
include but shall not be limited to:
Reprimand
Leave with or without pay.
Suspension for a variable or fixed period.
Demotion to position with lower compensation and/or
authority.
Termination
c. EMPLOYEE DISCIPLINE PROCEDURES AND PRINCIPLES
i. Purpose of Discipline Policy. The purpose underlying the discipline
policy of the City is to establish a consistent procedure for maintaining
suitable behavior and a productive working environment in the
workplace and for the best interest of the City. These procedures are
directory in nature and minor variations of the processes set forth
herein shall not affect the validity of any actions taken pursuant to this
policy. All employees are considered "at will' and may be terminated
without cause and for any reason regardless of this section.
ii. Disciplinary System Framework. The City adopts the following
framework for actions to be taken in the event that employment
policies are violated by any employee subject to this manual.
Progressive steps may be implemented in order to invoke disincentives
to policy violations. The City reserves the right to take any of the
prescribed steps in any order in the event that a supervisor deems a
policy violation or action of the employee to be serious enough to
warrant a certain step. Such steps shall be documented in the record of
the disciplinary action. Progressive discipline shall be applied only
where the supervisor believes that the potential for improvement and
correcting the behavior is possible.
iii. Hierarchy of Disciplinary Actions Available. The following actions
are among the progressive disciplinary steps which can be taken by the
supervisor in response to personnel policy violations:
Oral warning.
Written warning or reprimand.
Suspension with or without pay.
Demotion.
Probation.
Dismissal.
iv. Appeal Hearing. The personnel policy of the City establishes the
right to a hearing in the event of a discharge or demotion with
attendant change in pay or suspension. Employees may request such a
hearing by notifying the City Manager in writing within 10 days of the
contested action. The elements of procedure to be followed in any
such hearing to be undertaken at the direction of the supervisor, unless
waived by the employee, are the following:
1. The employee shall be provided notice of the charges against
them and the time the hearing is to be conducted.
2. The employee shall be heard before the City Manager, or in the
case of a Department Head, the City Council, with the oral
hearing to last no longer than two hours, unless otherwise
approved by the City Manager. The hearing will be scheduled
in a timely fashion, normally within 30 days of receipt of the
request.
3. There shall be a record maintained, including a tape recording
of the hearing.
4. The employee shall have a right to an explanation of the
conduct complained of.
5. The employee shall have an opportunity to be represented by
legal counsel at his or her own expense.
6. The employee shall be provided an opportunity to present
evidence and to rebut the information upon which his/her
charged misconduct or inadequate performance is based.
7. Every such hearing shall take place as soon as it can be
accommodated by the schedules of those involved. Additional
time may be granted at the request of the employee upon a
showing that additional time is needed to provide facts
necessary to respond to the charges. Said decision shall set
forth the reasons for the personnel action.
8. The hearing may be held in a public or confidential session at
the sole discretion of the employee. In the event, however, that
the employee action is subject to any other proceeding outside
the City within any agency or judicial proceeding, the hearing
tape and exhibits are deemed part of the record.
9. The decision of the City Manager or the City Council
following the hearing is final and not subject to further
hearings.
v. Grievance Policy. Employees are encouraged to attempt to resolve
issues with their immediate supervisor or Department Head. Failing in
that attempt, any member of the City Staff may request an appointment
with their Department Head or the City Manager to discuss issues not
covered in the appeal standards outlined above. In the case of a
Department Head, they may request a meeting with the City Council.
d. SEPARATION FROM EMPLOYMENT
i. REDUCTIONS IN FORCE (RIF): When financial circumstances or
changes of workload require, the City reserves the right to reduce
forces in such manner as it deems necessary to maintain the effective
functioning of City services. Decisions about the functions to be
reduced are not subject to the appeal procedure established by the City.
ii. REINSTATEMENT PREFERENCE: Except as provided in section
a. xv, Reduction in Force, employees who leave the City's employment
due to a reduction in force shall retain a first right to return in the event
of work force rebuilding for one year from the date of their separation.
Employees shall retain a preference only for work for which they are
fully qualified.
iii. FINAL EVALUATION: When an employee separates from City
service, if an evaluation has not been performed within the most recent
six month period, the supervisor may conduct an evaluation of the
individual's performance prior to separation from employment.
iv. RETIREMENT: The retirement policy of the City shall comply in
all respects with federal and state requirements respecting mandatory
retirement and the obligations established by the Public Employee's
Retirement System of Idaho (PERSI). No employee shall be
compelled to retire except in compliance with said acts.
v. COBRA BENEFITS: Employees of the City who currently receive
medical benefits, who separate their employment may be eligible to
continue those medical benefits at the employees sole cost and expense
for a limited time in accordance with the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA). If you have any
questions regarding your right to continue your health coverage after
separating from the City please contact the Personnel Officer or your
supervisor.
vi. EXIT INTERVIEW: Each employee who terminates from
employment with the City may participate in an exit interview with the
Personnel Officer. The employee will inform the interviewer about
his/her impressions of employment in such interview. An employee
exit form will be completed at this point. The Personnel Officer will
compile summary information from the exit interviews and forward a
summary report to the City Manager. The Personnel Officer shall
maintain a file of completed exit interview forms for three years. In
addition to the exit interview, the employee will meet with the
Personnel Officer who shall notify the employee when certain benefits
will terminate and when final pay will be issued. If the employee
elects to depart without an exit interview, the Personnel Officer will
send a letter explaining the benefit and pay implications to the former
employee within three (3) working days of termination of
employment.
vii. RESIGNATION: Voluntary resignations will only be accepted if
made in writing. Any oral resignations will be treated as leave without
approval, unless authorized by the supervising official. Under leave
without approval an employee may be terminated for "job
abandonment" after 3 days of leave that has not received prior written
approval. If the employee wants their formal records to indicate
"voluntary resignation", they must so request in writing to the City
Manager.
viii. REFERENCE POLICY: Except where otherwise required by law,
the City will only provide the following information on former
employees: date of hire, ending date of employment, starting and
ending salary, starting and ending job title.
e. CITY BUSINESS EXPENSES
i. Employees may only use City issued credit cards for official City
business. Any use of a City issued credit card for personal use is
grounds for disciplinary action, in addition to repayment by the
employee. Use of the card is subject to the same criteria for
reimbursement for business expenses. If a use is determined to be not
in compliance with the criteria for reimbursement, the employee will
repay the City for the expenditure. Late charges assessed will be
charged to the user's department.
ii. The City Council will receive reimbursement at the same rates as
employees provided the Councilmember is acting at the express
direction of the Council. For other travel, Councilmembers will
receive reimbursement provided they notify the other members of
Council in advance of the travel.
iii. The City will not reimburse employees for auto travel expenses
included during work related travel within the City limits and its
impact area.
iv. The City will reimburse the employees for travel expenses incurred
during work -related travel outside the City limits or impact area based
on the published GSA per diem rates. Employees shall ask for the
government rate when making reservations and when possible have
lodging set up on a direct billing. Such reimbursements will include
transportation, dining and lodging. Lodging for travel to Boise will
not be approved for one day meetings that commence at or after 10:00
am and end prior to 7:00 pm. unless approved in advance by the City
Manager. Should unforeseen circumstances, such as weather occur,
the City Manager may authorize lodging reimbursement after the fact.
v. The City will reimburse for travel by privately owned vehicles at the
established allowable federal rate, at costs per mile unless City
provided transportation is available. The reimbursement rate will not
automatically increase, and will be established in conjunction with the
adoption of the annual budget. The Finance Department shall
maintain a letter signed by the City Manager designating the rate. As
of FY 2002, the rate is set at $0.345 per mile. The actual cost of
lodging and or dining (to include gratuity of no more than 20%) plus
applicable tax will be reimbursed up to the GSA published per diem
rate. Original receipts must be attached to all expense claims. If
necessary, an advance allowance may be paid with the approval of the
City Manager. The amount of the advance will be deducted from the
actual expenses claimed. Payment for actual expenses above the
published per diem rate may be approved by the City Manager with
the concurrence of the supervisor.
vi. The City will not normally reimburse employees for meals purchased
in the McCall City limits and its impact area. Exceptions include
meals purchased for City related entertainment of non -City employees;
working lunches approved by the City Manager; and meals consumed
while attending a function in an official capacity where attendance at
the meal is expected.
vii. The City will pay for expenses necessarily incurred while attending
conferences, seminars and special training for the Mayor/Council
Members, City Manager, City Staff, and Committee Members. Those
expenses will include the following: cost of function, travel, lodging,
meals, and city business calls. Vouchers will be paid directly to the
provider. The City will not pay for entertainment not included in the
function package or alcoholic beverages at any time. The City will
pay for up to one personal call per day. Employees who elect to stay
at the same hotel as the conference will not be subject to the per diem
lodging rate limitation.
viii. The City will normally reimburse members of the City Council, the
City Manager, and other members of the City Staff for fees and costs
associated with membership in professional organizations and civic
groups provided such membership results in a benefit to the City. For
members of the City Staff, the City Manager has the authority to
approve reimbursement or payment for this type of activity. For the
City Manager, the City Council is the approving authority.
ix. Employees will request City Manager approval in advance for all out
of state travel. Such requests will include justification for the travel
and their supervisor's recommendation.
f. EDUCATION AND TRAINING
i. The City of McCall encourages advanced education and certification
of full and part time employees.
ii. Staff members are encouraged to attend institutes, seminars and
conferences relative to the position. AIC sponsored conferences
and/or seminars are to be considered valued education toward
betterment of the City.
iii. Attendance at and reimbursement for education and training will be
made from departmental budgets with the approval of the Department
Head or City Manager.
10. EXCEPTIONS
The City Manager may grant exceptions to this policy if granting the exception is in
the best interests of the City of McCall, provided the exception does not violate City
Code, Idaho Code or any other legal or regulatory requirements. Such exceptions are
subject to review by the City Council.
11. DISTRIBUTION OF POLICY
At time of employment each employee shall receive a copy of this personnel policy.
It is the responsibility of the employee to familiarize them self with the contents of
the personnel policy and to acknowledge its receipt. Periodic updates or changes
shall also be acknowledged.
CITY OF McCALL
ACKNOWLEDGMENT OF RECEIPT
The undersigned employee of the City of McCall (the "City") acknowledges that s/he has
received and reviewed a copy of the City's written manual detailing City of McCall
Policy and Procedures Manual (the "Manual"). By signing this document, I represent
that I have read and understand these policies and procedures, and will abide by them.
The Manual is provided for informational purposes. This Manual is not to be
construed as a contract between the City and any of its employees, and does not
create or imply any rights, contractual or otherwise, on behalf of City employees.
Employment within the City is at the will of either the undersigned or the City, and
either party may terminate their relationship with the City at any time, for any
reason or no reason. Signature below acknowledges awareness of this at -will
relationship. The City may, through resolution of its City Council, alter or amend
the Manual or any of its provisions at any time.
In the normal course of the City's activities, the Manual will direct proper conduct and
procedure within the City. However, situations may arise in which the City does not
follow the specific procedures outlined. In such situations, the City retains the power to
take appropriate actions, including, but not limited to, changing compensation, working
conditions, work assignments, and termination of any relationship with the City. While
the Manual provides information outlining various disciplinary actions that may
eventually lead to termination, the City retains its ability to exercise all of the rights
provided through the at -will relationship, and allows employees and volunteers to
similarly exercise such rights inherent in the at -will relationship.
City Employee Name Personnel Officer
City Employee Signature Personnel Officer Signature
Date Date