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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