HomeMy Public PortalAboutResolution 15-12 Personnel Policy Manual Update RESOLUTION NO. 15-12
A RESOLUTION OF THE CITY OF McCALL, IDAHO, AMENDING THE PERSONNEL
POLICY MANUAL AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it was identified that there is no provision in either the McCall City Code or in the
McCall Personnel Policy Manual giving the Department Heads the authority to hire and
terminate employees within their department; and
WHEREAS, the 2015 regular session of the Idaho Legislature enacted House Bill 90 (Session
Law Chapter 140) which was signed by the Governor on March 26, 2015, and which became
effective July 1, 2015; and
WHEREAS, the effect of said bill was the repeal of Idaho Code 67-2340 through 67-2347,
relating to the open meetings law; repealing Chapter 7, Title 59, Idaho Code, relating to ethics in
government; repealing Chapter 2, Title 59, Idaho Code, relating to prohibitions against contracts
with officers; and
WHEREAS, the effect of said bill was the amending of the Idaho code, by the addition of a new
Title 74, Idaho Code, relating to transparent and ethical government, providing for the public
records act, the open meetings law, the ethics in government act, and prohibitions against
contracts with officers; and
WHEREAS, the Personnel Policy Manual needs to be updated to reflect Title 74, Idaho Code;
and
WHEREAS,the Council adopted the current Personnel Policy Manual on September 12, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall,
Idaho as follows:
Section 1 This Resolution repeals the Personnel Policy Manual Adopted September 12,
2013
Section 2 Several revisions have been completed in the revised Personnel Policy Manual. The
significant revisions are as follows:
1. CONFLICT OF INTEREST — Updated Idaho Code reference from 59-701 to 74-401 et
seq., which refers to the "Ethics in Government Act of 2015" (page 6)
2. RULES OF EMPLOYEE CONDUCT — Personal Performance and Behavior (V,A, 5)
Updated Idaho Code references from 59-701 to 74-401et seq., which refers to the "Ethics
in Government Act of 2015" and 59-201 to 74-501 et seq., which refers to "Prohibitions
Against Contracts with Officers". (page 10)
3. RULES OF EMPLOYEE CONDUCT —Relationship Policy (V, D, 1-5) — Added
clarifying language regarding paid employees who are related to City Council members,
removed duplicate references to hiring, supervising, etc. employees' relatives within the
second degree of consanguinity or affinity. Added additional language regarding
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Resolution 15-12 Personnel Policy Manual
July 23,2015
employees who may become involved in a romantic relationship while employed by the
City. (page 15,16)
4. EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS — Employee
Classification for Benefit Purposes (VI, B, 2-3) Previous versions of our Personnel Policy
required that an employee have a regular schedule of at least 32 hours per week to be
considered full-time for full benefit eligibility. The Affordable Care Act requires that
health insurance be provided to employees who work at least 30 hours per week. Regular
full-time employees will now be any regular employee who has a regular schedule of at
least 30 hours per week. Regular part-time employees will now be considered any
regular employee who has a regular schedule of less than 30 hours per week. Employees
must be properly classified so that they receive the proper benefits. (page 17)
5. COMPENSATION POLICIES - Reporting and Verifying Time Records (VI, C, 7)
Clarification has been added that exempt (salaried) employees may be required to
document time worked or benefits used for accountability purposes. Direction has been
provided for employees to address any concerns they may have about their compensation.
(page 20-21)
6. COMPENSATION POLICIES — Military Leave (VI, C, 12) Updated Idaho Code
reference from 46-224 to 46-407 and 409 per ICRMP recommendation. (page 22)
7. EMPLOYEE PERFORMANCE AND DICIPLINE — Disciplinary/Performance System
Framework (VII, B) — Added the following clarification: "Nothing contained herein is
intended to limit the reasons for which the employee may be disciplined, including
termination of the employment. In addition, nothing contained herein is intended to
change the at-will nature of the employment for those employees identified as at-will in
this policy." (page 32)
8. SEPARATION FROM EMPLOYMENT — Resignation Policy (IX, E) Added additional
clarification regarding the employee resignation process. (page 41)
9. APPENDIX "A" — Acknowledgment of Receipt of City of McCall Personnel Policy
Manual (page 42)
Section 3 This Resolution adopts the Revised Personnel Policy Manual, attached here to as
Exhibit A, which Manual shall bear the date of this resolution.
Section 4 This Resolution shall take effect and be in force from and after its passage and
approval.
Passed and approved this 23 day of July, 2015.
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Resolution 15-12 Personnel Policy Manual
July 23,2015
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City of McCall
PERSONNEL POLICY MANUAL
Revised July 2015
Personnel Policy i Revised July 2015
This personnel policy is not a contract. No contract of employment with the C
of McCall will be valid unless it is expressly approved by a specifically authorized
representative of the governing board and unless it is signed by and contains the
name of the specific employee who would be benefited/obligated by the contract.
Notwithstanding anything said by a supervisor, no contract of continued
employment shall be implied.
The policies and any benefit offerings outlined in this policy handbook are subject
to change at any time, without notice. Changes may be made at the sole discretion
of the governing board. Legal counsel and independent contractors for the City of
McCall are not covered by the provisions of this policy.
PURPOSE
The purpose of this policy is to establish a safe, efficient, and cooperative working
environment, to establish the responsibilities and level of performance expected of
all City employees and to explain benefits provided to City employees. This policy is
not to be construed as a contract of employment and is not intended to specify the
duration of employment or limit the reasons for which an employee may be
discharged. This policy creates no rights, contractual or otherwise, on behalf of
employees of the City. The City may, at its sole discretion, alter or amend this policy
or portions thereof at any time without prior notice to or consent by its employees.
NATURE OF EMPLOYMENT
All employees of the City are employed at the discretion of the City Manager and
shall have no right to continued employment or employment benefits, except as may
be agreed in writing and expressly approved by the City Manager. All provisions of
this policy shall be interpreted in a manner consistent with this paragraph and in the
event of any irreconcilable inconsistencies; the terms of this paragraph shall prevail.
Employees of the City are "At-Will" employees except as otherwise provided herein,
or as required by law. "At Will" employment means the City may discharge an
employee for any lawful reason, or for no reason, without incurring any liability.
Likewise, an "at will" employee may resign or terminate his/her employment at any
time, for any reason, or for no reason, without incurring any liability. Only a written
contract expressly authorized by the City Manager can alter the "at-will" nature of
employment by the City.
Personnel Policy ii Revised July 2015
TABLE OF CONTENTS
I. GENERAL POLICIES.......................................................................5
A. The Organization in Which You Work...................................... 5
B. Equal Employment Opportunity Statement.............................. 5
C. Veteran's Preference.......................................................... 6
D. Conflict of Interest............................................................ 6
E. Preference for Hiring From Within.......................................... 6
F. Personnel Policy Subject to Change without Prior Notice............... 6
II. DEFINITIONS..............................................................................6
A. City Manager.................................................................... 6
B. City Clerk........................................................................ 6
C. Treasurer........................................................................ 7
D. Department Head.............................................................. 7
E. Library Director................................................................. 7
F. Human Resources Manager......................................... 7
G. Elected Official................................................................. 7
III. EMPLOYMENT START UP................................................................ 8
A. Employment Forms to Be Completed........................................ 8
B. Payroll Reporting Systems..................................................... 8
C. Distribution of Policy........................................................... 8
IV. EMPLOYEE PERSONNEL FILES........................................................... 8
A. Personnel Records.............................................................. 8
B. Access to Personnel Files...................................................... 9
C. Management of Information in Personnel Files............................. 9
V. RULES OF EMPLOYEE CONDUCT........................................................9
A. Personal Performance and Behavior......................................... 10
B. Workplace Conduct............................................................. 12
C. Prohibited Workplace Conduct............................................... 14
D. Relationship Policy............................................................. 15
VI. EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS......................16
A. Classifying Employees for Policy Purposes.................................. 16
B. Employee Classification for Benefit Purposes.............................. 17
C. Compensation Policies......................................................... 19
D. Employee Benefits.............................................................. 23
VII. EMPLOYEE PERFORMANCE AND DISCIPLINE..........................................32
A. Purpose of Discipline/Performance Policy.................................. 32
B. Disciplinary/Performance System Framework.............................. 32
C. Disciplinary Actions Available................................................. 32
D. Opportunity to be Heard- "Name Clearing Hearing.......................... 33
Personnel Policy iii Revised July 2015
VIII. DISCRIMINATORY WORKPLACE HARASSMENT POLICY 8t COMPLAINT
PROCEDURE..............................................................................34
A. Purpose........................................................................... 34
B. Policy.............................................................................. 35
C. Responsibilities.................................................................. 35
D. Definitions........................................................................ 36
E. Complaint Procedure............................................................ 38
F. Disciplinary Action............................................................... 39
G. Retaliation........................................................................ 39
H. Confidentiality................................................................... 40
I. False Complaints................................................................. 40
J. Distribution....................................................................... 40
IX. SEPARATION FROM EMPLOYMENT................................................40
A. Reduction in Force (RIF)....................................................... 40
B. Retirement Policy............................................................... 40
C. COBRA Benefits.................................................................. 41
D. Exit Interview.................................................................... 41
E. Resignation Policy............................................................... 41
APPENDIX °A" ....................................................................................42
Personnel Policy iv Revised July 2015
1. GENERAL POLICIES
A. THE ORGANIZATION IN WHICH YOU WORK
Working for the City of McCall may be somewhat different from any employer
for which you may have worked in the past. The City of McCall is a political
subdivision of the State of Idaho, though it is not a part of state government.
The City Council serves as the governing body for the City of McCall, carrying
out local legislative duties and fulfilling other obligations as provided by law.
The City Council is the general policymaker for the City of McCall, and as such,
has primary authority to establish terms and conditions of employment with the
City of McCall. The City Manager may designate personnel to help carry out
administrative responsibilities.
As with all elected public officials, the City Council is ultimately responsible to
the voters of the City of McCall. The terms set forth herein reflect City policy
at the time of its printing, but they are subject to change at any time, without
prior notice, and at the sole discretion of the City Council.
While the City Council has authority to establish general policy for City of
McCall employees, the City Manager has the authority to establish
administrative policy. Each employee should recognize that although he/she
may serve as an employee supervised by the City Manager or a Department
Head, he/she remains an employee of the City of McCall, not of the personnel
who supervise his/her work. The terms and conditions set forth in this policy,
and in the resolutions and policy statements which support it, cannot be
superseded by any other pledge, without the express action of the City Council.
That is particularly true for terms or conditions which would establish a
financial obligation for the City of McCall, now or in the future. The City
Manager may approve operational policies/practices that provide detail and
direction to employees on expectations and procedures for the City.
Additionally you may work in a department with operational policies/practices
that provide additional direction to employees on unique department
expectations and procedures.
B. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
All selection of City of McCall employees and all employment decisions,
including classification, transfer, discipline, and discharge, will be made
without regard to race, religion, sex, age, national origin, or non-job-related
disability. 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. All objections to application of the City of McCall policy in this
regard shall be brought to the attention of the City Manager or Department
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Head, or in the case of objection to actions undertaken by the City Manager, to
the City Council.
C. VETERAN'S PREFERENCE
The City of McCall will accord a preference to employment of veterans of the
U.S. Armed Services in accord with provisions of Idaho Code 5 65-502 or its
successor. In the event of equal qualifications for an available position, a
veteran or family member who qualifies for preference pursuant to Idaho Code
5 65-502 or its successor will be employed.
D. CONFLICT OF INTEREST
No person shall be employed by City of McCall when said employment would
result in a violation of provisions found in Idaho Code 5 74-401 et seq., 518-
1359 or their successors. An employee whose relative is subsequently elected
may be eligible to retain his/her position as allowed in Idaho Code 518-1359(5).
E. PREFERENCE FOR HIRING FROM WITHIN
Qualified individuals who are already employees of City of McCall may be given
preference over outside applicants to fill vacancies in the work force.
Employees may be selected for transfer to positions without following the
selection procedures normally required for hiring of new employees.
F. PERSONNEL POLICY SUBJECT TO CHANGE WITHOUT PRIOR NOTICE
The rules contained in this Personnel Policy are subject to change, without
prior notice, at any time in the sole discretion of the City Council.
It. 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: A Department Head appointed by the City Manager and
confirmed by the City Council as set forth in Section 50-204, Idaho Code.
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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.
C. 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.
D. 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. Department Heads are authorized to hire and terminate
employees within their department, subject to approval of the City
Manager.
E. 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.
F. HUMAN RESOURCES MANAGER: The person in charge of overseeing
personnel matters of the City. The Human Resources Manager is appointed
by the City Manager. The Human Resources Manager works directly with all
employees of the City, under the direction of the City Manager or designee.
The Human Resources Manager is authorized to hire temporary and/or
seasonal employees for the City, subject to approval from the Department
Head in which the employee will be assigned.
G. ELECTED OFFICIALS: Elected officials are not considered Regular
Employees. Elected officials receive employment benefits by action of the
City Council.
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lll. EMPLOYMENT START-UP
A. EMPLOYMENT FORMS TO BE COMPLETED
All necessary pre-employment forms as outlined in the employment start up
operational practices must be completed before the employee may begin work
for the City of McCall.
B. 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
administrator. Each report of employee time should be signed by both the
supervisor and by the employee and should contain a certification that it is a
true and correct record of the employee's time and benefit usage for the time
period covered. Any employee with concerns about his/her compensation, rate
of pay, payroll status, deductions, etc. shall communicate such concerns to the
payroll administrator as soon as any such concern becomes evident. If the
response from the payroll administrator is unsatisfactory, the employee should
address the issue to his/her immediate supervisor in order to resolve stated
concerns. A written record of such issues should be maintained in the
employee's personnel file.
C. DISTRIBUTION OF POLICY
At the time of employment, each employee should receive a copy of this
personnel policy. It is the responsibility of the employee to familiarize
him/herself with the contents of the personnel policy and to acknowledge its
receipt in writing. Periodic updates or changes should be distributed and
acknowledged.
IV. EMPLOYEE PERSONNEL FILES
A. Personnel Records
The official employee personnel records for the City will be kept in the Human
Resources Office or archived in the City Vault. 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 Human
Resources Manager will make a determination as to the relevance to the
employee's personnel file, subject to the City Manager's review. If it is
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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 only limited access to an employee's
personnel file. Those authorized to evaluate materials in a personnel file
include the City Manager, the Human Resources Manager, the employee's
supervisors, the City Council when acting as a body in the course of its official
business, attorneys for the City, and the employee him/herself. Based upon the
general confidentiality of personnel files, access of others to such files shall be
allowed only with authorization of the City Manager after consultation with the
City Attorney. Information regarding personnel matters will only be provided to
outside parties with a release from the employee, or when deemed necessary
by legal counsel for the City or pursuant to Court Order, or pursuant to a
proper subpoena. The City reserves the right to disclose the contents of
personnel files to outside State or Federal agencies, to its insurance carrier or
its agents for risk management purposes or when necessary to defend itself
against allegations of unlawful conduct.
C. Management of Information in Personnel Files
Each employee shall be provided an opportunity to contest the contents of
his/her personnel file at any time. This is to be done by filing a written
objection and explanation which will be included in the file along with the
objectionable material. In the sole judgment of the City Manager, after
consultation with legal counsel for the City, any offending material may be
removed upon a showing by the employee that it is false or unfairly misleading.
In general, there should be a presumption that materials are to remain in
personnel files accompanied by the employee's written objection and
explanation to provide a complete employment history.
V. RULES OF EMPLOYEE CONDUCT
Violation of any of the rules set forth below shall be grounds for disciplinary action
including possible dismissal from employment. However, this list is not all inclusive
and other acts of misconduct not specifically set out below may be grounds for
disciplinary action as well. Among these rules, the most important is the rule
addressing personnel actions and cooperative behavior.
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A. PERSONAL PERFORMANCE AND BEHAVIOR
Each employee of the City is expected to conduct him or herself in a manner
that is helpful and productive and which does not reflect adversely upon the
City. 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 upon the City and its officials. In order to accomplish this, each
employee must comply with the following expectations:
1. WORK COOPERATIVELY AND CONSTRUCTIVELY WITH FELLOW WORKERS
AND MEMBERS OF THE PUBLIC TO PROVIDE PUBLIC SERVICE OF THE
HIGHEST QUALITY AND QUANTITY. This is the first priority for all
employees.
2. Shall be prompt and regular in attendance at work or other required
employer functions.
3. Shall comply with dress standards established in the department for
which the employee works. Dress standards shall be set by the
managing personnel, but in the absence of any departmental dress
standards, clothing shall be appropriate for the functions performed
and shall present a suitable appearance to the public.
4. Shall dedicate primary efforts to City of McCall employment with
secondary employment subject to approval by the City Manager; each
employee must notify the managing personnel of any other
employment, self-employment, or other business interests. Secondary
employment should not conflict with duties performed for the City in
any meaningful way. Individual department rules may spell out
permissible examples of "moonlighting" wherein employees may hold
additional positions.
5. Shall avoid conflicts of interests in appointments and working
relationships with other employees, contractors, and potential
contractors in the City of McCall and related agencies; no employee
shall engage in conduct which violates the laws of the State of Idaho,
including but not limited to Idaho Code 518-1356 (accepting gifts that
exceed a value of $50), Idaho Code 574-401 et seq. (Ethics in
Government Act), Idaho Code 574-501 et seq. (Prohibitions Against
Contracts) and Idaho Code 518-1359 (Using Public Position for Personal
Gain).
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6. 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 in violation of Idaho Code 5 18-1356
and Idaho Code 5 18-1357.
7. Shall not serve on any board or commission which regulates or
otherwise affects the official duties or personal interests of said official
or 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.
8. Shall not release any public record without the express authority of the
public official responsible for custody of the record or without an order
from a court or public agency of competent jurisdiction.
9. Shall not release any personnel record without the concurrence of the
public official responsible for custody of the record and after consulting
with legal counsel for the City or without an order from a court or
public agency of competent jurisdiction.
10. Shall not engage in conduct away from work which, although not
criminal, may reflect adversely upon the City or its officials or
otherwise impair the employee's ability to perform.
11. Shall not use any substances, lawful or unlawful, which will impair the
employee's ability to function as a valued and competent part of the
City work force. Should the employee be prescribed a lawful substance
that may impair the employee's ability to safely do his or her job, the
employee is required to provide a physician's note explaining the
possible effects of the medication upon the employee's ability to do his
or her job and the length of the time that the employee will be
required to take the medication. The employee may be required to
take sick leave while taking the medication.
12. Shall not engage in conduct which violates the City of McCall Vehicle
Use Policy.
13. Shall not engage in workplace or public conduct otherwise detrimental
to the accomplishment of the goals established by the City Council, the
City Manager, or the department for whom he/she works.
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B. WORKPLACE CONDUCT
Each employee will be expected to conduct him/herself in the workplace
in accordance with the following rules. THESE RULES ARE NOT ALL-
INCLUSIVE OF CONDUCT EXPECTED OF THE CITY EMPLOYEES. Each
employee of the City shall:
1. Give his/her best efforts to accomplish the work of the City of McCall
for public benefit in accordance with policies and procedures adopted
by the Council and mandated by the City Manager and City Department
Heads, displaying an attitude of cooperation and constructive
participation.
2. Be subject to the administrative authority of the personnel who
supervise the department where the employee works even though the
supervising personnel may not have been involved in the hiring of the
employee.
3. Adhere to any code of ethics in his/her profession and avoid conflicts of
interest or using his/her public position for personal gain.
4. Follow all rules for care and use of public property to assure the public
investment in such property is protected and that the safety of the
public and other workers is maintained.
5. Abide by all departmental rules whether they be written or issued
orally by the department head, superintendent, or supervisor. No
employee shall be required to follow the directive of a department
head, superintendent, or supervisor, which violates laws of any local
jurisdiction, the state, or nation.
6. Abide by pertinent state and federal statutes, and City of McCall 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 which are not open to public scrutiny in
accordance with the direction of the responsible official.
7. Adhere to defined work schedules and follow procedures for requesting
exceptions 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 obtaining the
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supervisor's approval for time-keeping records. Failure to follow such
rules may be grounds for delayed payment of wages, salaries, or
reimbursements or for imposition of appropriate disciplinary penalties.
8. 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.
9. Report all accidents that occur or are observed on the job. Each
employee shall cooperate in the reporting and reconstruction of any
job-related accident in order that workplace hazards can be eliminated
and that proper consideration can be accorded to injured workers and
the public.
10. Report any accidents observed to have happened on City property or
involving City property. Each employee shall provide as much
information as he/she can from observations made in the course of
activities associated with one's work. Such information should be
reported to the employee's immediate supervisor as soon as physically
possible and reasonable efforts should be made to assist those
employees in need.
11. Follow all rules regarding safety in the workplace whether established
formally by the department or by outside agencies. Employees are
encouraged to suggest ways to make the workplace or work procedures
safer.
12. 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.
13. Perform such obligations as are necessary to carry out the work of the
City in an efficient and effective manner at minimal costs and with
limited risk to the public and fellow workers.
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C. PROHIBITED WORKPLACE CONDUCT
Employees of the City of McCall shall not:
1. Be present in the workplace under the influence of drugs, alcohol,
illegal substances or other legal substances which would impair the
ability of the employee to perform his/her work competently or which
would threaten the safety or well-being of other workers or the public.
2. Engage in abusive conduct to fellow employees or to the public, or use
abusive language in the presence of fellow employees or the public.
Abusive language shall include profanity and loud or harassing speech.
3. Sleep or be absent from the employee's work station when on duty.
Employees shall be attentive to their work at all times.
4. Engage in malicious gossip and/or spread rumors, engage in behavior
designed to create discord and lack of harmony, or willfully interfere
with another employee's work output or encourage others to do the
same.
5. Use work time for personal business, including the selling of goods or
services to the general public. Employees should minimize the amount
of work time spent on similar activities engaged in with fellow
employees.
6. Use work time or public premises to promote religious beliefs to
members of the public or fellow employees.
7. Engage in political activities while on duty in public service. This rule
shall not apply to elected officials.
8. Provide false or misleading information on employment applications,
job performance reports, or any other related personnel documents or
papers.
9. Destroy, alter, falsify or steal the whole or any part of a police report
or any record kept as part of the official governmental records of the
City (Idaho Code 5 18-3201 and 18-3202).
10. Discriminate in the treatment of co-workers or members of the public
on the basis of race, religion, sex, age, disability, or national origin.
11. Smoke, within any City office, building, or vehicle.
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12. 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.
13. Violate rules concerning absence from the workplace without proper
authorization. Employees must obtain prior permission as required by
the City policy for use of vacation, sick, bereavement, or other types of
leave granted by this personnel policy.
14. Engage in prolonged visits with co-workers, children, friends, or family
members who interfere with the course of work in the office or
department in which the employee serves.
15. Use phones or computers in the workplace in a manner that violates
policy or which disrupts workplace activities.
16. Engage in criminal conduct of any kind while on duty or off. City
employees are expected to behave in a lawful and socially acceptable
manner; failure to do so is a violation of the trust placed in such
employees by the public and the appointing official.
17. Violate any lawful rule established by the City Manager to maintain
order and productivity in the workplace.
18. Unlawfully harass a fellow worker or member of the public at any time
while in the active service of the City, as outlined in the City's
Unlawful Harassment Policy.
D. RELATIONSHIP POLICY
1. No person related to the Mayor or a City Council member by blood or
marriage within the second degree may be hired as a paid employee of
the City.
2. No employee of the City shall supervise or otherwise exercise discretion
concerning a paid employee who is related to the supervisor by blood or
marriage within the second degree.
3. Any supervisor involved in a romantic relationship with a subordinate
must immediately notify his/her superior of the existence of any such
relationship. Efforts should be made to eliminate supervisory
responsibility for one who is romantically involved with a subordinate.
Employees involved in such relationship bear a responsibility to the City
to cooperate in any effort to avoid the potential conflicts that can arise
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from such personal relationships in the workplace. Such relationship
may result in a change of employment duties.
VI. EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS
For varied reasons, employee status must be organized by class or category in
order to administer employee policies, benefits or otherwise address employment
issues. It is generally the responsibility of the employee to assure that he/she is
properly categorized for purposes of each issue or benefit type. The City will
endeavor to assist with such matters, but the employee shall be ultimately
responsible to assure that his/her service is properly addressed.
With the exception of Elected Officials, any employee, regardless of designation,
may utilize the unlawful discrimination and "name-clearing hearing" procedures
set out in Section VII of this policy should he/she believe that an employment
action taken against him/her was the result of unlawful discrimination or involves
an allegation entitling him/her to a name-clearing hearing.
A. CLASSIFYING EMPLOYEES FOR POLICY PURPOSES
Employment Status
Except as otherwise provided by this Policy, or as required by law, or
pursuant to a written contract approved by the governing board,
employees of the City are AT-WILL EMPLOYEES.
Changes in employment status that are the result of budgetary needs,
reductions in force, reorganization of work duties through transfer or
reassignment, or general changes in the terms or conditions of
employment or of benefit offerings may be made at the sole discretion of
the City. Therefore, the City of McCall retains full authority, without
prior notice, to modify the general terms and conditions of employment.
Should an employee believe that any such decision is the result of
unlawful discrimination, he/she may utilize the opportunity to be heard
procedures set out in Section VII of this policy.
Appointed Officials: The City Clerk, Treasurer, and any other officials
appointed pursuant to Idaho Code 5 50-204 may only be removed pursuant
to Idaho Code 5 50-206. However, any employed appointed official who
believes that he/she has been removed from his/her position as a result
of unlawful discrimination or as a result of an allegation entitling him/her
to a name-clearing hearing, may utilize the procedures set out in Section
VII of this policy.
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Veteran's Rights Following Reinstatement: Any veteran, who has been
restored to his/her position in accordance with Idaho Code 5 65-512, shall
not be discharged from such position without cause for a period of one (1 )
year after such restoration. During this one-year period, a returning
veteran shall be entitled to an opportunity to be heard prior to
termination. Such returning veteran shall also be considered as having
been on leave of absence during his/her period of military duty. He/she
shall be restored to his/her position without loss of seniority, status, or
pay.
B. Employee Classification for Benefit Purposes
The classification of the position you hold with the City of McCall may affect
the status of obligations or benefits associated with your employment. The
primary classes of employees and their respective status is outlined as
follows:
1. Elected Officials
Elected officials are not considered Regular Employees. Elected officials
receive employment benefits by action of the City Council.
2. Full-Time Regular Employees
Employees who are not temporary or seasonal and whose typical
scheduled work week consists of at least 30 hours are considered Full-
time Regular Employees. Full-time Regular Employees shall receive all
employee benefits provided by the City of McCall as such benefits now
exist or may be subsequently changed by action of the City Council.
3. Part-Time Regular Employees
Employees who are not temporary or seasonal and whose typical work
week consists of less than 30 scheduled hours on a regular basis are
considered Part-time Regular Employees. Part-time Regular Employees
shall receive no benefits provided to regular Full-time Employees, except
those required by law, by express written authorization of the City
Manager, or as explicitly outlined herein. Part-time Employees regularly
scheduled to work at least 20 hours per week are eligible for pro-rated
vacation, holiday, and sick leave based on the number of hours normally
scheduled. The number of hours scheduled may also affect the
employee's obligation to participate in certain mandatory state benefit
programs. Certain benefits may not be available because qualifying
thresholds have not been reached.
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4. Temporary/Seasonal Employees
Employees who work on an irregular or temporary basis, even though they
may work more than 20 hours per week are classified as Temporary or
Seasonal Employees. In general Temporary or Seasonal Employees will
receive no benefits provided to Regular Employees, except those required
by law or those expressly approved by the City Manager. In general
Temporary and Seasonal Employees are not eligible for vacation, holiday,
or sick leave, unless expressly approved by the City Manager. The number
of hours scheduled and length of employment may also affect the
employee's obligation to participate in certain mandatory state benefit
programs.
5. 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; or benefits such as 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.
6. Independent Contractors
Independent contractors who provide services to the City on a contractual
basis are not considered employees of the City. As such, this Policy does
not apply to independent contractors.
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C. COMPENSATION POLICIES
1. Establishment of Employee Compensation
The City of McCall compensates employees in accordance with decisions
by the City Manager 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 Department Head may make suggestions about
salary compensation and other pay system concerns, but the final
decision regarding compensation policy rests with the City Manager in
accordance to budget constraints approved by the City Council and
applicable legal requirements. The City Manager reserves the right to
make budget adjustments, and consequently pay adjustments, during the
course of the budget year in order to manage cash flow or to deal with
other circumstances which justify or require change in City expenditures.
2. Compliance with State and Federal Pay Acts
The City of McCall shall comply with all State and Federal Pay Acts
respecting the compensation of employees for services performed in the
public service.
3. Additional Compensation Policies
Elected Officials shall be paid a set salary as established by the City
Council in the annual budget. They shall have no right to overtime pay,
compensatory time off, sick leave or vacation leave. Employees
determined to be exempt from the hourly requirements of the Fair Labor
Standards Act shall be paid on a salary basis as established by the City
Manager.
4. Right to Change Compensation and Benefits
The City of McCall 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. Hours worked may be reduced or
employees may be laid off as necessary to meet budgetary constraints or
as work load changes.
5. Overtime Compensation - Compliance with Fair Labor Standards Act
In addition to the employee classifications set forth elsewhere in this
policy, all employees are classified as Exempt (salaried) or Non-exempt
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(hourly) 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 perform
work that qualifies for the professional, executive, or administrative
exemption. As such, exempt employees are not required to receive
overtime pay for hours worked beyond the limits provided by the statute.
Employees who serve as sworn law enforcement officers or as firefighters
may be subject to special exceptions found in the FLSA (see 29 U.S.C. 5
207(k)). Employees of the City's Municipal Golf Course may be exempt
from overtime regulations pursuant to section 13(a) (3) of the FLSA
regarding Amusement 8t Recreational Employees. Please contact your
department supervisor or the Human Resources Manager for further
clarification of your FLSA status.
6. Compensatory Time Policy
It is the policy of the City of McCall that non-exempt employees who work
over the regular hours paid in each seven-day work period may accrue
compensatory time. Compensatory time in excess of 40 hours per week,
or in excess of the work period interval established pursuant to 29 U.S.C.
5 207(k) shall be computed at 1 '/z hours for each additional hour worked.
The City has set a maximum accumulation of 56 hours. Any compensatory
time reported over the maximum 56 hour accrual amount shall be paid
out as overtime at the computed rate of 1 '/z hours for each hour. At their
discretion, the City Manager and/or Department Heads have the authority
to require employees to use accrued compensatory time at any time
determined by the City Manager or Department Head. 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 termination.
7. Reporting and Verifying Time Records
a. It is the responsibility of each hourly employee to properly record
time that he or she has worked. Each time sheet shall bear the
signature of the employee with a statement verifying its accuracy
and a counter signature by a supervisor indicating that the hours
claimed were actually worked. These records shall be retained as
required by the records retention policy of the City, consistent with
state law. Exempt employees may be required to document time
worked or benefits used for accountability purposes.
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b. Any employee concerned about his/her compensation, rate of pay,
payroll status, deductions, etc., must communicate such concerns to
the payroll office or his supervisor as soon as any such concern
becomes evident. Documentation of any such issue should be
maintained in the employee's personnel file.
8. Work Periods
Employment with the City of McCall is subject to the Federal Fair Labor
Standards Act as previously described. Each employee is responsible for
monitoring the status of hours worked in each work period. Overtime and
Compensatory time will be allowed only when authorized by an
appropriate supervisor or when absolutely necessary. The work week for
all Regular Employees who are subject to the FLSA will begin at 12:00
a.m. (midnight) on Saturday of each week and conclude at 11 :59 p.m. the
succeeding Friday. For non-exempt Regular Employees, time actually
worked in excess of forty hours in a work week will be computed at one
and one-half (1 '/z) times the hours worked and may be paid as overtime
or accrue as compensatory time on payroll records following the work
period during which it was earned.
Sworn law enforcement officers and firefighters may be subject to the
special exception for their respective professions under 29 U.S.C. S 207(k)
which allows establishment of their work period up to twenty-eight (28)
days. Overtime compensation at one and one-half (1 '/z) times the hours
worked is to be paid for qualifying law enforcement officers' or for
qualifying firefighters' hours beyond those established by the S 207(k)
schedule. For these special exception employees, compensatory time will
accrue on the paycheck which follows the conclusion of each work period.
9. Promotions and Compensation
The compensation policy for all employees is established by action of the
City Council. The annual budget of the City of McCall sets the funding
available for compensation for positions in various departments.
Promotions and changes in status may be recommended by Department
Heads and Supervisors in each of the operating departments, but final
authority regarding compensation rests with the City Manager.
10. Payroll Procedures and Paydays
Employees are paid every two weeks throughout the year. Paychecks are
issued by the Finance Department every other Friday. Paychecks
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compensate employees for work performed in the pay period preceding
the week in which the check is issued.
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 that does not have the capacity to think or to understand
individual circumstances. Actual practices respecting the issuance of
paychecks and allocation of employee benefits must be consistent with
the official policy of the City. In the event of disagreement between the
computer-generated paycheck stub and official policy as interpreted by
the Department Head with the assistance of the Human Resources
Manager, the policy shall prevail. Employees are obligated to call to the
City's attention any discrepancies in payroll practices, whether to the
advantage or disadvantage of the employee.
11. Compensation while Serving on Jury Duty or as a Witness in a Court
Proceeding
Leave will be granted and full pay provided to employees called to serve
as a court witness in matters specifically related to City operations or
called to serve on jury duty.
12. Military Leave
Unpaid leave of absence will be granted to participate in ordered and
authorized field training. The City's employment policy will comply with
the provisions of Idaho Code 55 46-407 and 409, or its successor, as those
Code provisions govern leaves of absence for military service and the
Uniformed Services Employment and Reemployment Rights Act of 1994, as
amended (USERRA).
13. Reduction in Force
Employee assignments may be affected by reductions in force made due
to economic conditions or to changes in staffing and workload. The City
Manager reserves the right to make any changes in work force or
assignment of resources deemed to be in the organization's best interests.
14. Payroll Deductions
In accord with Idaho Code 5 45-609 or its successor, no payroll deductions
will be made from an employee's paycheck unless authorized in writing
by the employee or as required by law.
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15. Travel Expense Reimbursement
An employee on approved City business shall be reimbursed for expenses
incurred in completing his/her work-related assignment in accord with
the policies established by the City.
16. On-the-Job Injuries
All on-the-job injuries shall be reported to the employee's supervisor as
soon as practicable to allow filing of a worker's compensation claim in the
proper manner. If an employee is disabled temporarily by an on-the-job
accident he/she should be eligible for worker's compensation benefits.
Return to employment will be authorized on a case-by-case basis upon
receipt of medical release from a physician outlining any work
restrictions, consultation with the Human Resources Manager,
Department Head, and the State Insurance Fund. Concerns associated
with injured worker status may be brought before the City Manager for
review.
For sworn law enforcement officers injured in on-the-job accidents, the
City should handle worker's compensation claims pursuant to Idaho Code,
Title 72, Chapter 11.
D. EMPLOYEE BENEFITS
The City of McCall offers a number of employee benefits for regular Full-
time and Part-time Employees. These benefit offerings are subject to
change or termination in the sole discretion of the City Council. Each
benefit offering is subject to the specific terms of its respective insurance
policy and/or official resolution of the City Council.
1. Vacation Leave
Eligible Regular Full-time and Part-time Employees shall accrue vacation
from their first day of regular employment but cannot use vacation until
they have completed six months of employment as a Regular (not
Seasonal or Temporary) Employee.
Regular Full-time Employees shall accrue vacation leave at the rates
indicated below. Vacation accrues for Full-time Employees from the start
of regular employment in the following manner:
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Years of Service Pay Period Annual Vacation Maximum
Accrual Accrual Vacation
rate Accrual
Less than 1 yr 2.16 hours 56 hours 56 hours
1 yr to 5 yrs 3.08 hours 80 hours 160 hours
5 yrs to 10 yrs 4.62 hours 120 hours 240 hours
10 yrs or more 6.47 hours 168 hours 240 hours
Regular Part-time Employees shall accrue vacation at the rates described
below based on their normally schedule hours per week. Maximum accrual
rates are the same as for Full-time Regular Employees. Vacation accrues for
Part-time Regular Employees from the start of regular employment in the
following manner:
Vacation Rate Accrual per pay period
Years of Service Normally Schedule Hours per Week
28-31/week 24-27/week 20-23/week
(75%of FT) (65%of FT) (55%of FT)
Less than 1 yr 1.62 hrs 1.40 hrs 1.18 hrs
1 yr to 5 yrs 2.31 hrs 2.00 hrs 1.69 hrs
5 yrs to 10 yrs 3.46 hrs 3.00 hrs 2.54 hrs
10 yrs or more 4.85 hrs 4.20 hrs 3.55 hrs
The portion of vacation accrual shall be posted to each employee's
vacation accrual bank each pay period except that no employee may accrue
more than the "Maximum Vacation Accrual" indicated above. When an
employee's accrual balance reaches the "Maximum Vacation Accrual"
indicated above, he or she would accrue no additional vacation until the
accrual bank is reduced. Vacation not earned due to maximum accrual shall
be deemed "lost", without right of compensation, and may not be later
added to the 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
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the three months prior to reaching maximum accrual and vacation had been
denied due to operational requirements.
Non-exempt 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 in advance notice is required. Leave may be taken only after written
approval for use of vacation or comp time by the responsible department
supervisor.
Efforts will be made to accommodate the preference of the employee in
vacation scheduling, but first priority will be the orderly functioning of
affected departments. Supervisors shall not approve vacation if the
employee has not worked the required 6 months as a Regular Employee,
does not have sufficient vacation or comp time accrued for the absence, nor
if the employee's absence would create an undue hardship or require the
hiring of additional help in order for the department to function.
Upon separation from employment unused vacation leave up to the
maximum allowable accrual will be compensated by lump-sum payment at
the then-current hourly or daily rate. Vacation is not compensated at the
termination of employment for employees who do not complete six months
of regular employment.
2. Sick Leave
Sick leave benefits are provided to regular Full-time and Part-time
Employees at the following rates; Salaried and Full-time Employees
regularly scheduled to work 32 or more hours each week shall accrue sick
leave at the rate of 3.69 hours per each two week pay period amounting to
96 hours per year. Regular Employees scheduled less than 32 hours per week
and at least 20 hours per week shall accrue sick leave on a pro-rated basis
using their average normally scheduled hours per week as indicated in the
table below:
28-31/week 24-27/week 20-23/week
(75%of FT) (65%of FT) (55%of FT)
2.77 hrs 2.40 hrs 2.03 hrs
Sick leave is a benefit to provide relief to the employee in the event of
illness to the employee or his/her immediate family. Immediate family is to
be defined as spouse, parents, in-laws, grandparents, children, step-
children, and grandchildren. Immediate family may also be determined to
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include individuals where the employee has legal guardianship or
relationships that fulfill the previously defined roles by intent. In the event
that legal association does not exist it will be necessary for the employee to
provide sufficient verification to the Human Resources Manager or City
Manager showing that the intended significant relationship exists and is
applicable under this policy. Sick leave is to be used only in the event of an
illness or injury that prevents the employee from working productively or
safely or if an immediate family illness presents no practical alternative for
necessary care. Sick leave must be requested at least within two hours of
the time when the scheduled work period is to begin, unless circumstances
outside the control of the employee prevent such notice. The City Manager
or department supervisors asked to approve use of sick leave may, at the
City's expense, request an independent review of reported illness at any
time by a competent medical authority.
Sick leave can accrue to a maximum of 720 hours. Employees hired before
May 1, 1989 may accrue up to a maximum of 960 hours of sick leave. Sick
leave benefit recipients will receive their normal compensation when using
sick leave. All unused sick leave will be forfeited without compensation
upon separation from employment. Employees hired before July 1, 2009
shall be compensated for unused sick leave accrued in excess of 500 hours
up to the maximum accrual upon separation of employment.
Sick leave for medical and dental appointments must be requested in
writing and approved in advance in the same manner as vacation or comp
time leave.
Employees may not combine the use of sick leave, vacation leave, comp
time and regular hours to receive more paid hours than their normal weekly
pay.
3. Leave of Absence
The City Manager may grant up to thirty days of unpaid leave of absence
and Department Heads may grant up to five days of unpaid leave of
absence if circumstances warrant unpaid leave. Unpaid leave of absence
shall require prior written approval of the City Manager or Department
Head depending on the length of leave. All available and eligible paid
leave (vacation, sick, comp time) must be used prior to unpaid leave
approval. Vacation and Sick Leave accrual pay will not be earned for any
portion of any Pay Period in which Unpaid Leave is taken if the unpaid
leave extends beyond five days. Holiday pay will not be granted while an
employee is on an unpaid leave of absence regardless of the length of
unpaid leave.
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4. Holidays
Ten official holidays are provided for regular Full-time and Part-time
Employees. Employees who have regular active status on the date of any
holiday shall receive compensation for that day even though they do not
work. Regular Full-time Employees will receive 8 hours of holiday pay or an
amount equal to the actual number of hours usually scheduled on the actual
day of the holiday. Regular Part-time Employees regularly scheduled to
work at least 20 hours per week will receive an amount equal to the actual
number of hours usually scheduled on the actual day of the holiday not to
exceed 8 hours. Temporary and Seasonal Employees will receive no holiday
pay.
Holidays which fall on Saturdays shall be observed on the preceding Friday.
Those which fall on Sunday shall be observed on the succeeding Monday.
The holiday schedule and designated observed day may be changed at any
time by the City Manager.
Regular Full-time Employees who are called in to perform unscheduled
emergency work on holidays shall be compensated at a rate of one and a
half (1'/z) times the employee's regular rate of pay.
Recognized Holidays:
New Year's Day Labor Day
Martin Luther King, Jr. /Human Rights Day Veteran's Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
5. Bereavement Leave
Up to five days of paid leave of absence shall be provided for regular Full-
time and Part-time Employees for deaths occurring in the employee's
immediate family. Employee's family may include spouse, parents, in-laws,
grandparents, children, step-children, and grandchildren. For this policy
family may also be determined to include individuals where the employee
has legal guardianship or relationships that fulfill the previously defined
roles by intent. In the event that legal association does not exist it will be
necessary for the employee to provide sufficient verification to the Human
Resources Manager or City Manager showing that the intended significant
relationship exists and is applicable under this policy. Additional leave may
be granted from accrued vacation leave or unpaid leave of absence.
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6. Family Medical Leave Act (FMLA)
a. Eligibility Requirements
To be eligible for FMLA benefits, prior to any leave request, the
employee:
1. Must have worked for the City for at least 12 months;
2. Must have worked at least 1,250 hours for the City during the
previous 12 months
b. Entitlements
The Family and Medical Leave Act (FMLA) provides an entitlement of up
to 12 weeks of job-protected, unpaid leave during any 12-month period
to eligible, covered employees for the following reasons:
1. Birth and care of the eligible employee's child, or placement for
adoption or foster care of a child with the employee;
2. Care of an immediate family member who has a serious health
condition (immediate family is to be defined as spouse, parents,
in-laws, grandparents, children, step-children, and grandchildren).
Immediate family may also be determined to include individuals
where the employee has legal guardianship or relationships that
fulfill the previously defined roles by intent. In the event that legal
association does not exist it will be necessary for the employee to
provide sufficient verification to the Human Resources Manager or
City Manager showing that the intended significant relationship
exists and is applicable under this policy) who has a serious health
condition; or
3. Care of the employee's own serious health condition. It also
requires that employee's group health benefits be maintained
during the leave. The 12-month period is determined using a
"rolling" 12-month period measured backward to the date an
employee first uses any FMLA leave.
If all eligibility requirements are met, the employee is covered under
the FMLA. He/she may request up to 12 weeks of leave where the City
of McCall will continue the employee's benefits (employer portion only)
during the leave period. If the employee does not return to work for
reasons other than their own continued serious health condition or that
of an eligible family member, the City of McCall may recover from the
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employee the premium(s) that were paid for the employee's medical
coverage.
Total combined FMLA leave for employee and spouses who both work
for the City of McCall is 12 weeks if the leave is for reasons other than
the employee's own personal serious illness.
Examples where employees of the City of McCall are entitled to leave
under FMLA include:
1. To care for a child following a birth or placement of a child with
the employee for adoption or foster care.
2. To care for a sick child, spouse or parent who has a "serious
health condition."
3. If the employee him/herself is unable to perform his or her own
work responsibilities because of his/her own serious health
condition.
c. Concurrent Use of Accrued Leave and Worker's Compensation Required
Employees are required to use any accrued paid sick and vacation leave
and comp time (if applicable) in amounts equal to their regularly
scheduled weekly hours concurrently with any FMLA leave. If paid leave
accruals are less than 12 weeks, the employee may take the remainder
of FMLA leave as unpaid leave. Employees will continue to accrue leave
while utilizing their paid sick and vacation leave. They will cease to
accrue vacation and sick leave during the unpaid portion of their leave.
If the employee is on Worker's Compensation leave, such leave will also
run concurrently with any FMLA leave.
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d. Employee Obligations
Employees are required to give 30 days advance notice or as much time
as practical when the need for FMLA leave is foreseeable. The City of
McCall reserves the right to request medical certification supporting any
leave and may require second or third opinions (at the City's expense).
The City of McCall may also require a doctor's fitness for duty report
prior to your returning to work. Leave may be denied if these
requirements are not met. The decision to allow an employee to return
to work will be solely the City's in compliance with the provisions of the
Family and Medical Leave Act. The employee will not be allowed to
return to work should a doctor not find the employee fit to return to
duty.
Contact the Human Resources Manager to discuss your rights and
obligations for continuation of any current benefits you are receiving.
Employees must make arrangements for payment of their portion of
their benefit costs or discontinuation of those benefits will occur.
To request FMLA leave please complete a FMLA leave request form,
which may be obtained from Human Resources indicating the reason for
requesting FMLA leave and the expected duration of leave. Note: You
will need to provide a medical certification form from your physician or
medical practitioner indicating the diagnosis and probable duration of
your medical condition or the medical condition of your family member.
e. Intermittent Leave Requests
FMLA leave may be taken intermittently or on a reduced leave schedule
to allow the employee to care for a sick family member, or for an
employee's own serious health condition with prior written approval
from the employee's supervisor or when "medically necessary." In the
circumstance of birth or placement of a child for adoption or foster
care, intermittent leave is only available by written approval of the City
Manager.
f. Employer's Rights and Obligations
The City of McCall has the right to determine whether the employee is
or is not an "eligible employee" under the Act. The City of McCall has
the right to place an employee on FMLA leave without the employee's
consent should the City determine that the employee meets the
eligibility requirements under the Act.
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The City of McCall will return the employee to the same or an equivalent
position after returning from FMLA leave, subject to the terms of the
Family and Medical Leave Act. The only exception may be for individuals
who, under the provisions of the FMLA, are considered to be a "key
employee" whose extended absence would cause "substantial and
grievous economic injury".
The City of McCall reserves the right to require periodic notices
(determined by the City of McCall) of you, or your family member's FMLA
status and your intent to return to work.
g. The National Defense Authorization Act
On January 28, 2008, the FMLA was amended by the National Defense
Authorization Act. This amendment provides an entitlement of up to 26
weeks of unpaid leave during a single12-month period to an eligible
employee who must care for a covered service member—a person who is
a spouse, son, daughter, parent or next of kin of the employee and has a
serious injury or illness incurred in the line of duty which renders that
person unfit to perform his or her duties in the Armed Forces. The City
of McCall may require the request for this type of leave be supported by
certification that the service member being cared for by the employee
has a serious health condition.
The National Defense Authorization Act also provides 12 weeks of FMLA
leave to an employee if his or her spouse, son, daughter or parent has
been called to active duty with the Armed Forces. No serious medical
condition is required for this type of leave. The City of McCall may
require the request for this type of leave be supported by certification
that the service member has actually been called to active duty. The
City of McCall employees shall provide prior notice when the need for
this type of leave is foreseeable.
If you have any questions about your rights under FMLA please contact
the Human Resources Office.
7. Change in Benefits
The City of McCall 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.
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8. Benefits for Part-Time or Temporary Employees
All employees shall receive benefits as required by law to include Worker's
Compensation insurance, and all other benefits to be determined by the
City Council.
9. Insurance Coverage Available to Employees
Health insurance is available to regular Full-time Employees, City Council
members and family members in accordance with the terms and conditions
of the City's contract for such services. The Human Resources Office should
be contacted to learn of sign-up and claims procedures. Other insurance
offerings including dental, life insurance, disability insurance, vision
insurance, and supplemental income protection may be available at
employee or City expense. The Human Resources Office should be
contacted for additional information. Any such offerings are subject to
change at any time.
10. Retirement
The retirement plan of the City of McCall combines benefits of the Public
Employees Retirement System of Idaho (PERSI) with Social Security (FICA).
PERSI mandates withholding a percentage of an employee's gross salary for
pension purposes, which is presently exempt from Federal and State income
taxes, and the City of McCall contributes and additional amount as defined
by PERSI into PERSI funding. Contact the Human Resources Office for
further information.
11. Transfer of Benefits with Employee Transfer
Accrued benefits for each employee continue to the benefit of that
employee if the employee transfers from one department to another within
the City of McCall. Any such transfer will not result in a reduction of benefit
offerings separate and apart from those realized by employees similarly
situated.
VII. EMPLOYEE PERFORMANCE AND DISCIPLINE
A. PURPOSE OF DISCIPLINE/PERFORMANCE POLICY
The purpose underlying the discipline/performance policy of the City of McCall
is to establish a consistent procedure for maintaining suitable behavior and a
productive working environment in the workplace. These procedures are
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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.
B. DISCIPLINARY/PERFORMANCE SYSTEM FRAMEWORK
The City of McCall adopts the following framework for actions to be taken in
the event that any employee subject to this policy violates employment
policies or fails to perform adequately. Nothing contained herein is intended to
limit the reasons for which the employee may be disciplined, including
termination of the employment. In addition, nothing contained herein is
intended to change the at-will nature of the employment for those employees
identified as at-will in this policy. Progressive steps may be implemented in
order to encourage improved performance or attitude, but are not required.
The City of McCall 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.
C. DISCIPLINARY ACTIONS AVAILABLE
The following actions are among the disciplinary steps that may be taken by
the supervisor in response to personnel policy violations:
• Oral warning
• Written warning or reprimand
• Suspension without pay
• Probation
• Demotion
• Dismissal
D. OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL DISCRIMINATION
AND "NAME-CLEARING HEARING"
All The City of McCall employees are AT-WILL Employees. However, the City of
McCall recognizes that even At-Will Employees may from time to time suffer
from the adverse consequences of unlawful discrimination. The City of McCall
also recognizes that a public employee who is being terminated from
employment based upon allegations of dishonesty, immorality or criminal
misconduct is entitled to a "Name-Clearing Hearing."
Unlawful discrimination addresses actions that are alleged to involve decisions
based upon age, sex, race, religion, national origin, or disability that is not a
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bona fide occupational qualification. The City of McCall does not condone
discrimination on the basis of the foregoing unlawful categories. FAILURE TO
PURSUE THIS OPPORTUNITY PURSUANT TO THIS POLICY SHALL CONSTITUTE
A FAILURE TO EXHAUST REMEDIES UNDER THIS POLICY. Issues involving job
performance or employee attitude are not the proper subject of this procedure
and will not be heard.
The elements of procedure to be followed and undertaken at the direction of
the City Manager or designated officer, unless waived by the employee, are the
following:
1. The employee may, within fourteen (14) days of his/her termination
or demotion, submit a written allegation of unlawful discrimination or
the basis for entitlement to a "name-clearing hearing," stating with
particularity the basis for the requested meeting. Written allegations
filed untimely or failing to state a particular, legally recognized basis
will not be granted an opportunity to be heard.
2. An employee alleging unlawful discrimination or the entitlement to a
"name-clearing hearing" will be entitled to meet with the City
Manager, or in case of a Department Head, the City Council, and the
meeting will last no longer than two hours unless otherwise approved.
3. There shall be a record maintained, including a tape recording of the
meeting.
4. The employee's supervisor shall provide a brief written statement in
response to the particular allegation of discrimination or the
employee's response to the charges involving dishonesty, immorality
or criminal misconduct. The City Manager may request that the
employee's supervisor participate in the meeting.
5. The employee shall have an opportunity to be represented by legal
counsel at his/her own expense.
6. The employee shall be provided an opportunity to present evidence
upon which the entitlement to a "name clearing hearing" or claim of
discrimination is based.
The opportunity to be heard 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.
After the meeting, the City Manager, or in case of a complaint alleging an
unlawful discrimination or the basis for entitlement against the City Manager,
the Council, shall consider the information submitted and such other
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information as might be in the City's records to arrive at a decision concerning
the allegations. Said decision shall set forth the reasons for the determination
in writing and shall be considered final.
VIII. DISCRIMINATORY WORKPLACE HARASSMENT POLICY AND COMPLAINT
PROCEDURE
1. PURPOSE
The purpose of this Harassment Policy is to clearly establish the City's
commitment to work to provide a work environment free from unlawful
harassment, to define discriminatory harassment, and to set forth the
procedures for investigating and resolving internal complaints of harassment.
Because of the importance of a workplace free from unlawful harassment, this
policy should be reviewed with each employee on a regular basis.
It is important that all employees treat all other employees and members of
the public with decency and respect. It is the responsibility of each and every
employee, supervisor, and Department Head to prevent inappropriate behavior
in the workplace. Inappropriate behavior which impacts the workplace, or has
the potential to impact the workplace, will not be tolerated.
This Policy applies to all terms and conditions of employment, including but not
limited to, hiring, placement, job retention, promotion, disciplinary action,
layoff, reinstatement, transfer, leave of absence, compensation, and training.
2. POLICY
Harassment of an applicant for employment, a member of the public, or an
employee by any employee of the City on the basis of race, color, religion,
national origin, sex, age (40 and over) and disability is in violation of State
and/or Federal law and will not be tolerated by the City of McCall.
Employees found to be participating in any form of employment-related
unlawful harassment or retaliating against another employee for filing a
complaint or cooperating with an investigation shall be subject to disciplinary
action up to and including termination of employment.
C. RESPONSIBILITIES
1. The City: It is the responsibility of the City to develop this policy, provide
training on this policy, keep it up to date, and to ensure that any violation
of this policy brought to its attention is dealt with as required by law and
according to this Policy.
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The City should designate the Human Resources Manager who will be
responsible for following the Complaint Procedures as set out in this policy.
This Manager will be referred to as the "Designated Official."
2. Supervisors: It is the responsibility of supervisors to enforce the policy, to
train new employees on the policy, to make a regular review with all
employees to ensure they know the policy and to regularly check the
workplace to make sure the policy is being followed.
If a supervisor observes that unlawful discrimination, harassment, or
retaliation is occurring, he/she should take immediate action to address the
problem. Such action should include, but is not limited to, speaking directly
with the affected person, developing a specific account of the actions,
omissions or occurrences that are deemed discriminatory, consult with the
supervisor or a Department Head and take corrective or disciplinary action
as appropriate. If the alleged discrimination, harassment, or retaliation is
not within the supervisor's area of responsibility or oversight, he/she should
notify the Department Head or other appropriate management employee,
who should then take prompt steps to address the allegation.
If unlawful harassment is reported or alleged, it must be followed up. No
complaining party should be allowed to retract an allegation of unlawful
harassment without proving that it was made erroneously. If a supervisor
receives information that discrimination, unlawful harassment or retaliation
might be occurring, he/she should follow the Complaint Procedure as set
out in this policy below.
3. Employees: It is the responsibility of each and every employee to know this
policy and to follow it. All City employees share the responsibility of
understanding and preventing unlawful discrimination and harassment. But,
ultimately, no satisfactory investigation or resolution of complaints can
occur without the initiative and continued cooperation of the affected
person. Individuals who believe they have been discriminated against or
unlawfully harassed have the primary obligation of informing their
supervisor, Department Head, Human Resources Manager, or City Manager
of the act of discrimination, unlawful harassment or retaliation, recounting
specific actions or occurrences whenever possible. It is imperative that
every employee treat every other employee and members of the public with
decency and respect so as to facilitate a sound professional work
environment.
D. DEFINITIONS
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For purposes of clarification, unlawful harassment includes but is not limited to
the following behaviors:
1. Verbal Harassment -Epithets, derogatory comments, slurs, propositioning,
or otherwise offensive words or comments on the basis of race, color,
religion, national origin, sex, age (40 and over) and disability whether
made in general, directed to an individual or to a group of people
regardless of whether the behavior was intended to harass. This includes
but is not limited to inappropriate sexually-oriented comments, including
dress or physical features, sexual rumors, code words, and race-oriented
stories, as well as jokes of a sexual or discriminatory nature or "kidding"
which is oriented towards a prohibited form of harassment.
2. Physical Harassment - Assault, impeding or blocking movement, leering,
or the physical interference with normal work, privacy or movement when
directed at an individual on the basis of race, color, religion, national
origin, sex, age (40 and over) and disability. This includes pinching,
patting, grabbing, inappropriate behavior in or near bathrooms, sleeping
facilities and eating areas, or making explicit or implied threats or
promises in return for submission to physical acts.
3. Visual Forms of Harassment - Derogatory, prejudicial, stereotypical or
otherwise offensive posters, photographs, cartoons, e-mails, notes,
bulletins, drawings or pictures on the basis of race, color, religion,
national origin, sex, age (40 and over) and disability. This applies to both
posted material and material maintained in or on the City of McCall
equipment or personal property in the workplace.
4. Sexual Harassment - Any act which is sexual in nature and is made
explicitly or implicitly a term or condition of employment, is used as the
basis of an employment decision, unreasonably interferes with an
individual's work performance or creates an intimidating, hostile or
offensive work environment.
There are basically two types of sexual harassment:
a. "Quid pro quo harassment", where submission to unlawful
harassment is used as the basis for employment decisions.
Employee benefits such as raises, promotions, better working
hours, job retention, etc., are directly linked to compliance with
sexual advances. Therefore, only someone in a supervisory capacity
(with the authority to grant such benefits) can engage in quid pro
quo harassment. Example: A supervisor promising an employee a
raise if he/she goes on a date with the supervisor; a manager
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telling an employee he/she will fire them if he/she does not have
sex with the manager.
b. "Hostile work environment," where the unlawful harassment creates
an offensive and unpleasant working environment.
Hostile work environment can be created by anyone in the work
environment, whether it is supervisors, other employees, or the
public. Hostile environment harassment consists of verbiage of a
sexual nature, unwelcome sexual materials, or even un-welcome
physical contact as a regular part of the work environment.
Cartoons or posters of a sexual nature, vulgar or lewd comments or
jokes, or unwanted touching or fondling all fall into this category.
5. Discriminatory Harassment -Any verbal or physical conduct that
denigrates or shows hostility toward an individual on the basis of race,
color, religion, national origin, gender, sex, age (40 and over) or
disability; or because of the individuals' opposition to discrimination or
participation in the discrimination complaint process.
6. Discrimination -Any prejudicial and/or distinguishing treatment of an
individual based on their actual or perceived membership in a certain
group or category, such as race, color, religion, national origin, sex, age
(40 and over) or disability.
7. Retaliation -Firing, demoting, harassing, making decisions on job
assignments, promotions, training, fringe benefits, or any other term or
condition of employment because the employee filed a charge of
discrimination, because they complained about discrimination on the job,
or because they participated in an employment discrimination proceeding
(such as an investigation or lawsuit).
E. COMPLAINT PROCEDURE
The following complaint procedure will be followed in order to address a
complaint regarding harassment, discrimination, or retaliation:
1. A person who believes he/she has been unlawfully harassed,
discriminated, or retaliated against should report it to their supervisor,
Department Head, City Manager, and Human Resources Manager. If a
supervisor becomes aware that unlawful harassment or discrimination is
occurring in any City department as a result of an employee coming
forward, the supervisor should immediately report it to the Designated
Official pursuant to this policy. Once a complaint of unlawful
harassment, discrimination or retaliation has been made, the complaint
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cannot be withdrawn by the complainant without a determination that is
was made erroneously.
2. Promptly upon receiving the complaint, the Designated Official should
initiate the investigation to determine whether there is a reasonable
basis for believing that an alleged violation of this Policy occurred.
3. Upon receiving the complaint, or being advised by a supervisor that
violation of this policy may be occurring, the Designated Official should
review the complaint with the City Manager or legal counsel for the City.
4. The Designated Official, in conjunction with the City Manager and legal
counsel for the City, should engage an appropriate person to investigate
the complaint. The investigator should be a neutral party.
5. The investigator will interview the complainant, the respondent, and any
relevant witnesses to determine whether the conduct occurred.
6. As soon as practical, the investigator will conclude the investigation and
submit a report of his or her findings to the Designated Official, who
then will route it as appropriate.
7. If it is determined that unlawful harassment or discrimination in
violation of the City's policy has occurred, the City Manager or
appropriate personnel will recommend the appropriate course of action
to be taken by the City. The appropriate action will depend on the
following factors:
a. The severity, frequency and pervasiveness of the conduct;
b. Prior complaints made by the complainant;
c. Prior complaints made against the respondent; and
d. The quality of the evidence (first-hand knowledge, credible
corroboration, etc.).
8. If the investigation is inconclusive or it is determined that there has
been no unlawful harassment or discrimination in violation of this Policy,
but some potentially problematic conduct is revealed, corrective action
may be taken.
9. Promptly after the investigation is concluded, the supervisor(s) will meet
with the complainant and the respondent separately in order to notify
them in person of the findings of the investigation.
10. The complainant and the respondent may submit statements to the
supervisor(s) challenging the factual basis of the findings. Any such
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statement must be submitted no later than five (5) working days after
the meeting with the supervisor(s) in which the findings of the
investigation are discussed.
11. Promptly after the supervisor(s) has met with both parties and reviewed
the documentation, he or she will decide, after consultation with legal
counsel, what action, if any, should be taken.
F. DISCIPLINARY ACTION
If unlawful harassment is determined to have occurred, the supervisor should
take prompt and effective remedial action against the harasser. The action
should be commensurate with the severity of the offense, up to and including
termination of employment.
G. RETALIATION
Retaliation in any manner against a person for filing an harassment charge or
initiating an harassment complaint, testifying in an investigation, providing
information or assisting in an investigation, is expressly prohibited and subject
to disciplinary action up to and including termination. The supervisor,
Department Head and City Manager should take reasonable steps to protect the
victim and other potential victims from further harassment or related
consequences.
H. CONFIDENTIALITY
Confidentiality will be maintained to the fullest extent possible in accordance
with applicable Federal, State and local law. However, a complete and
thorough investigation of the allegations will require the investigator to inform
witnesses of certain aspects of the complaint in order to obtain an accurate
account of the actions of the parties involved.
I. FALSE COMPLAINTS
Any complaint made by an employee of the City regarding employment-based
harassment which is conclusively proven to be false, should result in discipline.
This discipline may include termination of employment. This section is not
intended to discourage employees from making complaints regarding
employment-based harassment. However, false complaints adversely impact
the workplace and the career of the accused, even when disproved, and will
not be tolerated.
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J. DISTRIBUTION
This policy should be disseminated to all employees, supervisors and Elected
Officials of the City. Any questions, concerns, or comments related to this
policy should be directed to the Department Head, Human Resources Manager,
City Manager, or City Attorney.
The position of Human Resources Manager is appointed as the Designated
Official for the purposes of this Policy.
IX. SEPARATION FROM EMPLOYMENT
A. REDUCTIONS IN FORCE (RIF)
When financial circumstances or changes of workload require, the City of
McCall reserves the right to reduce forces or reorganize the office in such
manner as it deems necessary to maintain the effective functioning of City of
McCall services.
B. RETIREMENT POLICY
The retirement policy of The City of McCall shall comply in all respects with
federal and state requirements respecting mandatory retirement and the
obligations established by the Public Employees Retirement System of Idaho
(PERSI).
3. COBRA BENEFITS
Employees of The City of McCall who currently receive medical benefits, who
separate their employment may be eligible to continue those medical benefits
at the employee's 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 of McCall please contact Human Resources.
4. EXIT INTERVIEW
Each employee who terminates from employment with The City of McCall is
encouraged to participate in an exit interview with the designated
representative of the City, or in the event of involuntary termination with the
Human Resources Manager. In such interview, the employer should notify the
employee when certain benefits will terminate, when final pay will be issued
and review the process to receive COBRA benefits. The employee will be
invited to inform the interviewer about his/her impressions of employment in
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such interview. An employee exit form may be completed at this point and will
be retained in the employee's personnel file.
5. RESIGNATION POLICY
a. Written and oral resignations are effective upon receipt by a supervisor,
the City Manager, or an Elected Official. Oral resignations should be
documented by the supervisor after consultation with the City Manager or
department head. Evidence of the accepted written or oral resignation
should be provided to the employee and placed in the employee's
personnel file.
Employees who have an unexcused or unauthorized absence of three (3) working days
or more may be considered to have resigned through abandonment of his/her
position. If an employee's words or actions indicate an intent to resign, including
having an unexcused or unauthorized absence of three (3) or more working days, the
City will consider the employee as having resigned and immediately notify him/her of
such.
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APPENDIX "A"
ACKNOWLEDGMENT OF RECEIPT OF CITY OF MCCALL PERSONNEL POLICY MANUAL
I, acknowledge receipt of the
City of McCall Personnel Policy Manual, adopted on July 23, 2015.
❑ I understand that it is my responsibility to read and review this Policy.
❑ I understand that this Policy is not a contract and cannot create a contract.
❑ I understand that I am an "At-will" employee and my employment may be
terminated by me, or the City, for any reason, or no reason at all.
❑ I understand that I am obligated to perform my duties of employment in
conformance with the provisions of this Personnel Policy Manual and any
additional rules, regulations, policies or procedures imposed by the
department in which I work whether or not I choose to read the new Policy.
❑ I understand that this Policy may be modified without prior notice to me.
❑ I understand that should this Policy be modified that I will be provided with
a copy of the modification.
DATED this day of_ , 20
(Employee)
I, Traci Malvich, HR Manager, provided a copy of the City of McCall
(Name-Title-Department)
Personnel Policy Manual, as adopted by the City Council on July 23, 2015 to
on this _ day of , 20 _.
(Employee's Name)
Traci Malvich,
HR Manager
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