HomeMy Public PortalAboutRES-CC-2006-28Resolution #28-2006
A RESOLUTION AMENDING THE CITY OF MOAB PERSONNEL POLICIES AND
PROCEDURES MANUAL.
WHEREAS, the City of Moab Personnel Policies and Procedures Manual contains rules of
general application concerning hiring, promotion, pay, benefits, and discipline; and
WHEREAS, the Manual should be reviewed and revised on a periodic basis to ensure
compliance with employment laws and contemporary personnel management practices; and
WHEREAS, the City has determined that amendments to the City's Drug and Alcohol Policy are
necessary; and
WHEREAS, the Moab City Council has determined that the Manual should be revised to reflect
these changes; and
WHEREAS, the amendment to the City of Moab Personnel Policies and Procedures Manual has
been presented to this meeting of the Moab City Council.
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to
approve the revised Moab Personnel Policies and Procedures Manual in substantially the form
presented to this meeting of the City Council.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 14TH day of November, 2006.
Attest:
Rachel Ellison
City Recorder
CITY OF MOAB
By:
David L. Sakrison
Mayor
Resolution #28-2006
Page 1 of 1
City of Moab
Personnel Policies and Procedures Manual
(7) Following testing the Supervisor shall provide the employee or --_ ' Formatted: Page break before i
applicant a copy of the written test results, and shall discuss the
results with the employee/applicant. Employees or applicants testing
positive may elect, within 72 hours of receipt of notice of a positive
result, to have a second analysis of a split urine sample. Regardless
of whether the employee requests a second analysis, prior to
instituting any disciplinary action based upon test results the City
shall confirm the results via a second analysis of the split urine
✓sample. If requested by the employee/applicant, the costs of such Deleted: Page Break
second test shall be split equally between the employee/applicant and
the City.
(8) It is against City policy for any employee or prospective employee to
tamper with or adulterate a specimen. Any adulterated or tampered
specimen will be treated as a positive test.
F) Random Testing
(1)
All employees holding Commercial Drivers License shall be
nominated in a pool testing consortium. Each employee within that
pool shall have an equal chance at being tested each time the
consortium conducts a random test. At least 50% of the City's safety
sensitive position population shall be tested in a given year.
(2) Random tests shall be announced on the date the test is to be
completed. Persons selected from the testing pool will be notified
personally by their supervisor.
(3)
The City shall maintain records as to the random pool, pool
selections, and how employees are selected for testing.
G) Testing Upon Suspicion of Impairment.
(1) Any employee i may be subject to testing,where his/her supervisor or
other superior has a reasonable suspicion that the employee is
impaired or under the influence of alcohol or a controlled substance
covered by this policy. and where such reasonable suspicion is
substantiated by an on -staff expert trained and certified in the
recg nition of druc and alcohol impairment pursuant to this polic\;
(2) For purposes of illustration only, and without limitation, "reasonable
suspicion" of impairment may include the following: direct
observation of behavior consistent with impairment such as slurred
speech, stumbling, or lack of coordination; the direct observation of
the consumption of alcohol or controlled substances; erratic or
abnormal behavior; arrest or conviction for a drug or alcohol related
offense when coupled with other indicia; identification of an
11/ 15/04
29 -
Deleted: in safety sensitive positions
Deleted: n a safety sensitive position
Deleted:
Deleted:
Deleted:.
tDeleted: 11/09/06
l Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
(3)
employee as a suspect or focus of a drug related criminal
investigation based upon credible and corroborated information;
evidence of tampering with samples or adulteration of a previous test.
The preceding list is for purposes of example only, and shall not be
construed to describe all of the possible grounds which may support a
finding of reasonable suspicion.
An employee directed to perform a suspicion based test shall receive
written notice to that effect from his/her supervisor. The notice shall
,describe the conduct or behavior giving rise to a suspicion of Deleted: Page Break
impairment and shall provide documentation from the on -staff expert
described in Section 6.10 (G) that the reasonable suspicion is
substantiated, `Deleted:.
H) Post Accident Testing
(1) Employeestshall undergo testing automatically upon the occurrence ; Deleted: in safety sensitive positions
of an on -duty accident resulting in injury or death to persons or
damage to real or personal property or vehicles exceedins $1.000, Deleted__
Additionally, police department personnel shall undergo testing
following any incident in which a firearm is discharged in the line of
duty, exclusive of firearms training.
(2) Results of testing conducted by other law enforcement agencies
pursuant to independent legal authority may be utilized by the City for
purposes of compliance with this policy. All employees consent to
the release of such results to the City for the purposes of this policy.
(3)
Alcohol testing shall be completed not later than two hours from the
time of any incident covered by this policy, except for good cause
shown. Drug testing shall be completed not later than eight hours
from the time of any incident covered by policy, except upon good
cause shown.
I) Disciplinary Policy
(1)
Employees shall not test positive for any alcohol, in excess of the
limits imposed by this policy, or test positive for any controlled
substance when subject to testing pursuant to this policy. Violation
of this policy may result in disciplinary action including: mandatory
rehabilitation education, treatment, or counseling; suspension without
pay for a determinate period; other disciplinary sanction; or
termination. In the case of termination, an employee shall be entitled
to the applicable termination procedures outlined in the personnel
policies and procedures manual and the state code.
(2) Commercial Driver's License Operators who produce a blood or
11J 15/04
30
Deleted: 11/09/06
,,- l Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
(3)
breath alcohol test result of .02-.039 grams per liter will be removed
from service for 24 hours, and will be subject to a follow-up test prior
to returning to work.
It is the policy of the City that drug and alcohol test results shall be
used for internal hiring, employee discipline, and personnel decisions,
and not for the collection of evidence in any criminal proceeding or
investigation. Test results shall not be used by the City for any
criminal investigation.
(4) Drug and alcohol test results, and all accompanying medical
information, shall be maintained in the employee or applicant's
personnel file. The information is a protected document under the
Government Records Access and Management Act, U.C.A. 63-2-101
et seq., and shall not be released by the City, except upon consent by
the employee or applicant, upon court order or similar legal process,
or as required by federal law.
(5)
Pursuant to the Americans with Disabilities Act and the Utah Anti-
discrimination Act employees or applicants testing positive under this
policy are not, by virtue of the test result, regarded as disabled.
(6) Upon confirmation of a violation of the policy, the level of discipline
shall be committed to the discretion of the supervisor, acting in
consultation with the City Manager. Factors which may apply to
discipline decisions include the type of substance involved, the
employee's length of service, the employee's overall work history,
whether or not an injury or property damage occurred, the risk or
potential of an injury, the level of impairment, any history of past
violations or previous treatment, and the extent to which the public
trust or official duties are compromised by the impairment. Other
factors may be considered. EMPLOYEES ARE NOTIFIED THAT
ANY VIOLATION OF THIS POLICY MAY CONSTITUTE
GROUNDS FOR TERMINATION.
(7)
Where an employee is found to have violated this policy he/she will
not be permitted to return to work until such time as a re -test reveals
the absence of any violation. Where a supervisor suspects that an
employee is impaired in violation of this policy the supervisor may
suspend the employee, with pay, pending receipt of the test results.
J) General Policies with Respect to Alcohol and Controlled Substances and
Administrative Matters
(1)
l
Possession, consumption, distribution, or manufacture of controlled
substances by all employees, whether on duty or off, is expressly
forbidden. Violation ofthis policy, which need not include a criminal
11/15/04
31
Deleted: 11/09/06
{ Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
conviction, is grounds for termination or disciplinary action. This
policy excludes the possession of controlled substances collected by
law enforcement personnel as evidence pursuant to normal law
enforcement activity.
(2) Possession, consumption, distribution, or manufacture of alcohol by
any employees while on duty, or on City property, or in City vehicles
is forbidden, except that off -duty employees may consume alcohol on
City property as a social guest where permitted by City ordinance, e.g.
Moab Arts and Recreation Center events.
(3)
All employees are advised that the City reserves the right to conduct
inspections of city owned property, including vehicles, work stations,
tool boxes, desks, lockers, cabinets, and the like. Employees shall
have no expectation of privacy with regard to personal items stored in
such locations. Contraband or other evidence of illegal conduct
discovered in such locations will be turned over to appropriate law
enforcement agencies for possible criminal investigation or
prosecution.
(4) Evidence of criminal conduct, other than positive test results obtained
under this policy, will be turned over to appropriate law enforcement
agencies for investigation and prosecution. By way of example only,
should a supervisor observe the distribution of a controlled substance
by any employee, that evidence shall be turned over to the appropriate
police agency.
(5)
All employees and new appointees shall participate in a drug -free
workplace training program as soon as practicable following adoption
of this policy or upon commencement of employment. This training
will address the speFifics of this policy as well as drug and alcohol
abuse issues in the work place.
6.11 Policy Regarding Workplace Accommodation of Persons with Disabilities
In conformity with the provisions of the Americans with Disabilities Act, 42 U.S.0 1201
et seq., it is the policy of the City of Moab not to discriminate against any qualified
individual with a disability on the basis of that person's disability with regard to job
application procedures, hiring, advancement, compensation, training, or discharge.
(A) To the extent possible, all qualification standards, tests, job descriptions, and
selection criteria shall be based upon necessary job functions. The City reserves the right to
impose qualification standards based upon reasonable and necessary requirements for
employee and work place safety.
(B) The City will attempt to make reasonable accommodations to all employees or
applicants as necessary to allow that person to perform essential job functions. These
it/15/434 32 .,;.
Deleted: 11/09/06
Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
accommodations may include, but are not limited to, reasonable alterations in facilities, job
restructuring, changes in work schedules, acquisition of adaptive tools or devices,
transportation assistance, interpretive assistance, or the like.
(C) All employees and applicants for employment are advised that the City will
hold any person who illegally uses controlled substances and any alcoholic to the same
standards of conduct, qualification standards for employment, and job performance standards
,applicable generally to all other persons who do not illegally use controlled substances or
who are not alcoholics, regardless of whether any conduct or performance is related to the
drug use or alcoholism of the person.
ARTICLE VII - EMPLOYMENT PRACTICES
7.1 Anti -Nepotism Policy
It is the policy of the City to comply with state law regarding nepotism, U.C.A. 52-3-1 et
seq., as follows:
(A) No public officer may employ, appoint, or vote for or recommend the
appointment of a relative in or to any position or employment, when the salary, wages, pay,
or compensation of the appointee will be paid from public funds and the appointee will be
directly supervised by a relative, except as follows:
(1)
the appointee is eligible or qualified to be employed by a department
or agency of the state or a political subdivision of the state as a result
of his compliance with civil service laws or regulations or merit
system laws or regulations;
(2) the appointee will be compensated from funds designated for
vocational training;
(3)
the appointee will be employed for a period of 12 weeks or less;
(4) the appointee is a volunteer as defined by the employing entity;
(5)
the appointee is the only person available, qualified, or eligible for the
position; or
(6) the chief administrative officer determines that the public officer is
the only person available or best qualified to perform supervisory
functions for the appointee.
(B) No public officer may directly supervise an appointee who is a relative when
Deleted: Page Break
the salary, wages, pay, or compensation of the relative will be paid from public funds, except { Deleted: 11/09/06
11/15/06,
33
Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
as follows:
(1) the relative was appointed or employed before the public officer
assume his position, if the relative's appointment did not violate the
provisions of this chapter in effect at the time of his appointment;
(2) the appointee is eligible or qualified to be employed by a department
or agency of the state or a political subdivision of the state as a result
of his compliance with civil service laws or regulations, or merit
system laws or regulations;
(3)
the appointee will be compensated from funds designated for
vocational training;
(4) the appointee will be employed for a period of 12 weeks or less;
(5) the appointee is a volunteer as defined by the employing entity;the
appointee is the only person available, qualified, or eligible for the
position;
(6) the chief administrative officer determines that the public officer is
the only person available or best qualified to perform supervisory
functions for the appointee.
(C) No appointee may accept or retain employment if he is paid from public
funds, and he is under the direct supervision of a relative, except as follows:
(1)
the relative was appointed or employed before the public officer
assumed his position, if the relative's appointment did not violate the
provisions of this chapter in effect at the time of his appointment;
(2) the appointee was or is eligible or qualified to be employed by a
department or agency of the state or a political subdivision of the
state as a result of his compliance with civil service laws or
regulations, or merit system laws or regulations;
(3)
the appointee is the only person available, qualified, or eligible for the
position;
(4) the appointee is compensated from funds designated for vocational
training;
(5) the appointee is employed for a period of 12 weeks or less;
(6) the appointee is a volunteer as defined by the employing entity; or
(7) the chief administrative officer has determined that the appointee's
11/15/04
34-'-
Deleted: 11/09/06
1 Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
relative is the only person available or qualified to supervise the
appointee.
7.2 City Manager
The City Manager shall be responsible for the administration of personnel policies, and the
promulgation of additional rules and policies, which may be adopted, amended or rescinded
from time to time. He or she shall serve as Personnel Officer and as the Equal Employment
Opportunity Officer.
7.3 Personnel Officer
As Personnel Officer, the City Manager shall;
11/15/04 _.
35
Formatted: Personnel List 3, Left,
Indent: Left: 0", First line: 0", Don't
keep with next, Don't keep lines
together, Tabs: Not at 0" + 0.5" +
1" + 1.5" + 2" + 2.5" + 3" + 3.5"
+ 4" + 4.5" + 5" + 5.5" + 6" +
6.5"
Deleted: ¶
Deleted: 11/09/06
Deleted: 03/29/06
City of Moab
Personnel Policies and Procedures Manual
(A) Recruit candidates for vacancies for City employment.
(B) Conduct orientation sessions for new employees, at which time they will be
briefed on the employment benefits to which they are entitled and given an
explanation of the personnel rules and regulations.
(C) Periodically review and recommend changes in employee benefits.
(D) Assist supervisors and managers in handling any problems that may arise
with respect to employee benefits, including insurance claims and retirement
benefits, and provide current information on employee benefits upon request.
(E) Monitor recruiting and employment practices for compliance with Equal
Employment Opportunity policies.
(F) Monitor the grievance system.
(G) Collect information for salary surveys.
(H) Periodically update the classification plan.
(I) Keep those records that are required by state and federal law and modern
personnel practices.
7.4 Department Heads
Department heads are responsible for departmental administration of personnel policies and
practices. This may include such rules as drafted by the respective departments for their
operations.
7.5 Filling Vacancies in the Classified Service
(A) The City has a policy called "upward mobility," which means that qualified
classified and part-time employees, exclusive of temporary or seasonal employees, in the
service of the City may be promoted in preference to the hiring of persons recruited
elsewhere. Vacancies in the classified service will be announced to classified and permanent
part-time employees before outside recruiting is commenced. Employees are advised that
regardless of the preference granted under the upward mobility policy, employment offers
will be extended to the person who, in the judgment of the appointing authority, is best
qualified for the position.
(B) If a classified position is not filled by internal recruiting, it will be advertised
through the newspapers and media, employee bulletin boards, professional and trade
journals, State Department of Workforce Services Office, and others as applicable.
(C) Qualified applicants for positions may be placed on an eligibility list for a
11j15/06
36
Deleted: 11/09/06
Deleted 3/29/06
City of Moab
Personnel Policies and Procedures Manual
period of not more than six (6) months, and such list may be used in conjunction with other
recruiting procedures at the discretion of the department head. Placement on the eligibility
list shall in no way entitle an applicant to automatic appointment to any position.
(D) Former employees who left in good standing and with a good service record,
and who apply for positions, may be given preference over other applicants not employed by
the City, if the requirements for the position are met.
7.6 Procedures for Filling Vacancies
(A) The basis for selecting candidates for appointment and promotion in the
classified service will be without in accordance with the Equal Employment Opportunity
Policy.
(B) When a position opens in a department or a need arises to create a temporary
position, the department head shall submit a request to the personnel officer. Minimum
qualifications of education and experience shall be outlined for temporary positions.
(C) The personnel officer shall post the opening where all City employees will be
made aware of the opportunity for promotion. A reasonable time after the completion of the
internal posting, and providing that the position is not filled by promotion, the personnel
officer shall comply with recruiting per section 7.5(B)of these rules.
(D) Application: Applicants are required to complete an application and/or submit
a resume when applying for appointment. The application form shall be used for the purpose
of utilizing only that information which is related to the applicant's suitability for
employment.
(E) Tests: Performance tests, medical certification for employment, school
transcripts, drug tests, and other job -related criteria may be requested from applicants in
order to improve the selection of employees. Physical, psychological evaluation, oral
interviews, etc., may also be used. These criteria will be administered equally to all
applicants.
(F) Screening: The department will screen applications to create a list of
applicants to be interviewed. The application screening will take into consideration job -
,related criteria. All new applicants may be merged with any existing eligibility list for the
screening process.
(G) Rating: A selection committee chosen by the department will interview the
applicants placed on the interview list by the department members. The selection committee
will use a consistent method of rating the applicants in the interview process. After rating all
the applicants, the selection committee will submit a list of the top three (3) applicants to the
department head.
(H) Selection: The department head will make a selection from among the top
three (3) applicants submitted by the selection committee. If the department head rejects all
three candidates on the list, then the position may be re -opened and new applications may be
lvlsio� 37
Deleted: Page Break
Deleted: 11/09/06
Deleted: 03/29/06