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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