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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 Page 1 of 2 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. ��,.'����McC�l��►,,g• ATTE y ? ckie J. A, • on, :yor F. BessieJo W.:r X07;0 _ in iw oo Page 2 of 2 Resolution 15-12 Personnel Policy Manual July 23,2015 t ti 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 5 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. 6 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. 7 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 8 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. 9 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). 10 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. 11 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 12 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. 13 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. 14 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 15 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. 16 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. 17 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. 18 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 19 (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. 20 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 21 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. 22 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: 23 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 24 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 25 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. 26 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. 27 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 28 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. 29 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. 30 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. 31 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 32 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 33 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 34 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. 35 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 36 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 37 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 38 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 39 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. 40 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 41 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. 42 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 43