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HomeMy Public PortalAboutResolution 07-94 Personnel Policy Manual101 Personnel Policy Statement of the Mayor and City Council City of McCall, Valley County, Idaho Resolution No. 7-94 A RESOLUTION OF THE CITY OF MCCALL, IDAHO RELATING TO ADMINISTRATION, SETTING FORTH ITS POLICIES AND PROCEDURES REGARDING THE EMPLOYMENT, TREATMENT, AND COMPENSATION OF CITY EMPLOYEES. WHEREAS: The City of McCall has employees that perform valuable services for the Citizens of McCall;. The Citizens of McCall expect and desire the highest quality of service; The -City Council desires that employment opportunities be available to all citizens; The City Council understands that providing high quality public service depends upon employee satisfaction; The City of McCall intends to be a model employer by providing the best practical working environment and by providing opportunities for advancement. The City of McCall recognizes its responsibility to treat all employees fairly; and The City of McCall intends that continued employment and advancement depend upon satisfactory performance of duties. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall, Valley County, Idaho, as follows: Section 1. That the Personnel Policy Manual annexed hereto and made a part of this resolution as if it were included herein in its entirety, be, and it is hereby adopted as the official statement of the City's policy concerning personnel and employer -employee relations. Section 2. The City Manager is hereby directed to cause that a complete copy of this manual be delivered to each City Officer, Department Head and such other City Supervisors that supervise five or .more City employees together with any amendments, additions or deletions that may be adopted by resolution of the Mayor and Council from time to time. Section 3. That each recipient shall be responsible for knowing the contents of this manual and posting any amendments, additions or deletions that be adopted from time to time. Section 4. That any recipient or other person who becomes aware of any part of this manual that shall contradict any state, federal or other statute or regulation or of any other reason that this manual should be amended shall report the same to the City Manager who in turn shall prepare the necessary amendments in proper form and present them to the City Council for approval. Section 5. That this manual be published in a loose-leaf format. It shall be amended by 101 removing old pages and substituting new pages. Each change shall be announced by resolution of the City Council which shall be filed at the beginning of the manual. Each recipient shall promptly file amendatory pages in the manual as instructed in the promulgating resolution. Section 6. That the City Manager is hereby directed to cause the preparation of an Employee Handbook which shall extract and summarize the policies contained herein and provide a copy of said handbook to each full-time permanent employee. Section 7. That the Personnel Policy Manual be effective from its passage and approval except that the following policies and portions thereof are effective as indicated below: a. Policy 402, Hours of Work shall be effective May 12, 1994. b. Policy 505, Vacation and Sick Leave shall be retroactive to May 1, 1989. c. Policy 802, Reimbursement for Travel Expenses, shall be effect May 12, 1994. PASSED AND APPROVED this 26th Day of May 1994. ATTEST: Mayor City Clerk City of McCall Personnel Policy Manual 001 i ................ 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May 27, 1994" :: ; May 27, 1994 001 Chapter 8 - Reimbursement of Employee Expenses se ent se i irilitfseii enr fbr May 27, 1994 102 FUNCTIONS AND PURPOSE OF THIS MANUAL This manual contains the general statements of City policy and should not be read as including the fine details of each policy, nor as forming an express or implied contract or promise that the policies discussed in it will be applied in all cases. The City may add to the policy manual, revoke or modify policies from time to time. It will try to keep the Manual current, but there may be times when policy will change before this material can be revised. All manuals are City property and are assigned to the job position, not the individual. The City Manager is responsible for the distribution of these manuals to City Officers, Department Heads and such other supervisors that supervise five or more full time City Employees, who, in tum, are responsible for safeguarding the materials and posting approved changes. All manuals must be retumed to the City Manager or the Personnel Officer upon termination of employment. All users of this manual are responsible for reporting inconsistencies, portions that contradict state or federal law or regulation, portions that have become obsolete and any other instances that indicate that the manual should be revised, to the City Manager. Department Heads, City Officers and supervisort should refer to the Manual whenever questions of policy interpretation or imple- mentation arise. They shall make this manual available for review by their subordinate employees. They should, however, exer- cise caution in providing copies of portions of the manual to employees.' Issues needing clarification should be referred to the City Manager or Personnel Officer. Requests for review of or copies of this manual, or any part of it, by anyone other than a City employee or other City official shall be referred to the City Clerk to be acted upon as being requested under Section 9-338, Idaho bode, the so-called "Freedom of Information Act.° As used in the manual: The words °shall° and "will" are to be construed as mandatory and the word °may° as permissive; °Supervisor" means an individual with the authority to assign, direct, and review the work of two or more subordinates; and °Immediate family" means the employee's spouse, brother, sister, parent, child, step -child, father -in- law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, and any other member of the employee's household. 'Users should understand the distinction between a policy manual intended primarily for the use of ortip for management and supervisors and an employee handbook designed for broad distnbution to all employees. This manual is intended basically as a guide for managers and supervisors and includes policy descriptions and procedures for their implementation. Providing copies of isolated policies or portions of the manual to employees if the portion does not contain contract disclaimer language risks creating enforceable contract obligations. The courts have increasingly found that policy statements or manuals which do not contain effective disclaimers create enforceable contract obligations. (See also Employment - at -Will, page 105:1) May 27, 1994 103 STAFF RESPONSIBILITIES Personnel responsiblities shall be carried out by Management and Staff as follows: Mayor and City Council. The Mayor and City Council reserve to themselves all authorities not specifically delegated by this manual. Generally, the Mayor and Council shall determine general personnel policy matters affecting the City, including but not limited to: General personnel policy matters not specifically set out in this manual. Selection, appointment and removal of the City Manager. Selection, appointment and removal of the City Attomey. Approval of City Manager's selections for Department Heads. Approval of Job Description for City Manager. Approval of Job Description for City Attorney. Approval of the City's Compensation Plan. Selection, modification and revision of personnel benefits. Approval of this policy manual and revisions thereto. Make final determination on employee grievances and appeals to discipliinary actions. City Manager. The City Manager's primary function with respect to personnel matters is to implement and execute the policies and instructions of the City Council. Included in these responsiblities are the following: Selection and appointment of Department Heads subject to City Council Approval. Appointment of the City's Personnel Officer. Approval of job descriptions for positions other than the City Manager. Design of the organizational structure of the City Staff. Preparation of the City's Compensation Plan. The rendering of a determination on employee grievances and appeals to disciplinary actions. Advising the City Council of emerging regulatory and statutory personnel mandates and implementing those mandates when necessary. Personnel Officer. The City Manager will appoint a Personnel Officer, who shall serve in this capacity as an additional duty. The personnel officer shall be a member of the City's administrative staff who is experienced, educated and trained in personnel matters. Generally, a Bachelor's Degree with coursework in Human Resources, Organizational Design, Business or Labor Law and Management is highly desireable. The Personnel Officer shall: Oversee the maintenance of Official Personnel Records. Review all personnel actions for conformity with this policy. Develop an Employee Handbook. Advise employees of their rights under federal and state laws and this policy manual. May 27, 1994 103 Advise Department Heads and Supervisors of due dates for pending personnel actions such as performance appraisals and completion of probation. Brief new employees on City personnel policies, benefits and expectations. Assist employees in enrolling in benefit plans. Assist employees in preparing grievances and appeals to disciplinary actions. Department Heads and Other Supervisors. It is the policy of the City that the work of all employees be assigned, directed and reviewed by supervisory personnel. Employees shall ordinarily have only one supervisor to whom they report. Other supervisory responsibilities include: Set realistic performance standards, reward employees that exceed them and make corrections when standards are not met. Conduct periodic performance appraisals in accordance with this manual. Periodically review job descriptions and revise them when necessary. Develop training programs for all full-time permanent employees that are consistent with budgetary constraints. Take appropriate disciplinary actions as provided in this manual. Forward written records of disciplinary actions, performance appraisals and all other documents that are required by this manual to the Personnel Officer for filing in the Official Personnel File. Supervisors shall not discuss their personal disagreements with City Policy with subordinates. Such matters are appropriately dealt with by the Department Head by submitting a written recommendation to the City manager. Supervisors are responsible to implement City policy even if they personally disagree with the policy. May 27, 1994 104 Code of Employer -Employee Relations Policy. It is the policy of the City to implement fair and effective personnel policies and to require all employees to serve the City's best interests. The City's goals for employees include the following: (a) To provide equal employment opportunity and treatment regardless of race, religion, color, gender, age, national origin, handicap, military veteran status, marital status or sexual preferences; (b) To provide compensation and benefits commensurate with the work performed; (c) To establish reasonable hours of work based on the City's needs; (d) To monitor and comply with applicable federal, state and local laws and regulation concerning employee safety; (e) To offer training opportunities for those whose needs and capabilities warrant such training; (f) To be receptive to constructive suggestions which relate to the job, working conditions, or personnel policies; and (g) To establish appropriate means for employees to discuss matters of interest or concern with their immediate supervisor or department head. (h) To provide a productive work environment. The City expects all employees: (a) To deal with citizens, indeed the public in general, courteously, conscientiously, fairly and efficiently; (b) To perform assigned tasks in a fair and efficient manner; (c) To be punctual; (d) To demonstrate a considerate, friendly, and constructive attitude toward fellow employees; and (e) To adhere to the policies adopted by the City. (f) To decline gifts, gratuities or loans from organizations, business concerns, or individuals. These limitations are not intended to prohibit the acceptance of articles of negligible value which are distrib- uted generally, nor to prohibit employees from accepting social courtesies which promote good public rela- tions, nor to prohibit employees from obtaining loans from regular lending institutions. It is particularly impor- tant that inspectors, contracting officers and enforcement officers guard against relationships which might be construed as evidence of favoritism, coercion, unfair advantage or collusion. May 27, 1994 104 The City retains the sole right to exercise all managerial functions including, but not limited to, the rights: (a) To dismiss, assign, supervise, and discipline employees; (b) To determine and change starting times, quitting times, and shifts, and to define the work week; (c) To transfer employees within departments or into other departments and other classifi- cations; (d) To determine and change the size and qualifications of the work force; (e) To determine and change methods by which its operations are carried out; (f) To determine and change the nature, location, services rendered, quantity, and contin- ued operation of the City's affairs; (g) To add, modify, or discontinue benefits and determine the qualifications necessary to receive such benefits; and (h) To assign duties to employees in accordance with the City's needs and requirements and to carry out all ordinary administrative and management functions. Nothing in this Manual should be construed as creating an express or implied contract or promise concerning the policies or practices that the City has implemented or will implement in the future. (See Employment -at - will, page 105:1) Accordingly, the City retains the right to establish, change, and abolish its polices, prac- tices, rules and regulations at will and as it sees fit. 105 Employment at Will Policy. It is the policy of the City that all employees who do not have a written employment contract with the City for a specific fixed term of employment are employed at the will of the City for an indefinite period. (1) The City acknowledges the right of an employee to terminate his employment at any time and for any reason. The City also reserves its right to terminate the employer -employee relationship and to set the conditions and circumstances under which termination will take place. (2) No City official or other representative is authorized to modify this policy for any em- ployee or to enter into any agreement, oral or written, contrary to this policy. Supervisory and management personnel are not to make representations to employees or applicants concerning the terms or conditions of employment except when consistent with City policies. No statements made in pre -hire interviews or discus- sions, or in recruiting materials of any kind, are to imply that an employee is hired for a specific period of time or to promise any salaries or benefits other than the salary or benefits provided at hiring. (3) This manual may contain policies which set the circumstances and conditions under which employees may be terminated. Statements of specific grounds for termination set forth in this Manual or in any other City documents are examples only, not all-inclusive lists, and are not intended to restrict the City's right to terminate -at -will. (4) It is the general policy of the City to not enter into employment contracts except when such contracts are approved by the City Council. May 27, 1994 106 Productive Work Environment Policy. Consistent with the City's policy of equal employment opportunity, sexual harassment in any form will not be tolerated in the workplace. 1. No supervisor or other employee shall threaten or insinuate that another employee's or applicant's refusal to submit to sexual advances will adversely affect that person's employment, performance evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development. No employee shall promise, imply or grant any preferential treatment in connection with another employee or applicant engaging in sexual conduct. 2. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature. Sexual harassment also includes unwelcome sexual flirtations, verbal abuse of a sexual nature, subtle pressure or requests for sexual activities, unnecessary touching of an individual, graphic or verbal commentaries about an individual's body, sexually degrading words to describe an individual's body, a display in the workplace of sexually suggestive objects or pictures, sexually explicit or offensive jokes, or physical assault. 3. A behavior is unwelcome if a reasonable person, similarly situated and of the same gender would consider the behavior unwelcome. 4. Other (non -sexual) forms of harassment are likewise prohibited. Other forms of harassment include but are not limited to: disparaging remarks, use of disparaging nicknames, destruction or vandalizing. personal property, use of profanity, threats, coercion and practical jokes. 5. Any employee who is determined, after an investigation, to have engaged in sexual or other forms of harassment in violation of this policy will be subject to appropriate disciplinary action, up to and including discharge. 6. Any employee who believes himself or herself to be the victim of harassment contrary to this policy may proceed as follows: a. The employee may file a complaint under oath with the Idaho Commission on Human Rights under Section 67-5907, Idaho Code. The commission will investigate the matter and attempt to resolve the issue informally, but may file a civil action with the district court seeking relief. Nothing in this policy shall preclude an employee from filing such a complaint. b. The employee may, instead of or in addition to the above, utilize the Problem Solving Procedure discribed in Policy 310. May 27, 1994 107 RESOLUTION NO. 23-92 A RESOLUTION OF THE CITY OF McCALL, IDAHO, RELATING TO PERSONNEL, ESTABLISHING A DRUG -FREE WORKPLACE POLICY. WHEREAS 1. The City of McCall has employees who perform valuable services to improve the public health and safety as well as providing cultural and recreational opportunities for the citizens of McCall. 2. It has been clearly established that the use of illegal drugs and the abuse of other drugs is detrimental to the health of the user and dangerous to those around him or her. Further, the use of illegal drugs undermines the quality of work performed and degrades the credibility of the City staff. NOW; THEREFORE, BE 'IT RESOLVED by Mayor and Council of the City of McCall that: Section 1. Effective immediately, any location at which City business is conducted is declared to be a Drug -Free Workplace. This means: a. All employees are absolutely prohibited from manufacturing, distributing, dispensing, possessing or using controlled substances in the workplace. Controlled substances include but are not limited to the following:; -Narcotics (heroin, morphine, etc.), -Cannabis (marijuana, hashish) -Stimulants ,(cocaine, diet pills, etc.) -Depressants (tranquilizers) Except pursuant to a physician's instructions with respect to prescription medications, and except when possessed by police officers in the course and scope of their duties and not for consumption. b. Any employee violating the above policy is subject to discipline, up to and including termination for the first or any subsequent offenses. c. Employees have the right to know the dangers of drug abuse in the workplace, the City's policy about them, and what help is available to combat drug problems. This document sets out the City's policy. The City will institute an education program for all employees on the dangers of drug abuse in the workplace. To assist employees in overcoming drug abuse problems, the City may offer the following rehabilitative help: -Medical benefits for substance -abuse treatment Information about community resources for assessment and treatment -Counseling program -Employee Assistance Program d. In addition, the City will provide training to supervisors to assist in identifying and addressing illegal drug use by employees. e. Any employee convicted of violating a criminal drug statute must inform the City, in writing, such conviction (including pleas of guilty or withheld judgments) within five days of the May 14, 1992 107 same occurring. Failure to so inform the City, in writing, subjects the employee to disciplinary action, up to and including termination for the first and any subsequent offenses. By law the City will notify any granting agency within 10 days of receiving such notice from the employee or otherwise receiving notice of such a conviction. f. The City reserves the right to offer employees convicted of violating a criminal drug statute in the workplace, the option of participation in an approved rehabilitation or drug abuse assistance program as an alternative to discipline. If such a program is offered and accepted by the employee, then the employee must satisfactorily complete the program as a condition of continued employment. Section 2. All employees will be asked to acknowledge that they have read the above policy and agree to abide by it in all respects. By law, their continued employment with this organization is conditioned on their abiding by the terms of this policy. Written consent is not required. Section 3. DEFINITIONS. As used in this resolution: a. Controlled substance means a controlled substance in schedules I through V of section 202, of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15 and/or as defined in the Uniform Controlled Substances Act, Idaho Code 37-2701, et seq. b. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence or both, by any judicial body charged with the responsibility to determine violations of Federal or State criminal drug statutes. c. Criminal drug statute means a Federal or State criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. d. - Workplace means the site(s) for the performance of work done by City employees, including but not limited to City -owned buildings, property, facilities, vehicles and any other site where City employees perform work as a part of their employment, wherein City employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance. e. Employee means a person engaged to perform work for the City, including, full-time, part-time, temporary, and seasonal workers. As used in this policy, the term also includes elected and appointed officials, voluntary commission and advisory committee members and persons fulfilling community service obligations with the City. Passed and approved this 14th day of May 1992. Al"1'EST: /s/Arthur J. Schmidt City Clerk May 14, 1992 /s/L.S. Smith Mayor 201 MINIMUM QUALIFICATIONS The City maintains the following minimum qualifications for employment: Applicants must be at least 18 years old, except in temporary summer jobs for which the minimum age requirement is 16. When minors under the age of 18 are hired, the supervisor must take extra- ordinary measures to become familiar with and comply with the Child Labor provisions of the Fair Labor Standards Act. When the hiring of minors is contemplated the supervisor should contact the Personnel Officer for guidance on the Fair Labor Standards Act. Applicants must have at least a high school education or equivalency diploma. Again, supervisors may waive this requirement for temporary jobs. Applicants convicted of crimes or misdemeanors other than traffic violations may be hired, but only after a thorough review of all circumstances surrounding the arrest and conviction of the applicant. It is illegal to ask any applicant whether or not he or she has ever been arrested, questioned, detained or otherwise in police custody. However, the City has a right and obligation to thoroughly explore conviction records. A conviction, will not automatically disqualify an. applicant. The hiring decision in such cases must be made by the selecting supervisor in conjunction with the personnel officer and will be based on type of offense; sentence or fine, if any; subsequent employment record; the individual's character; reference checks; and so forth. May 27, 1994 202 Equal Employment Opportunity Policy. It is the policy of the City to provide equal opportunity in employment to all employees and applicants for employment. No person is to be discriminated against in employment because of race, religion, color, sex, age, national origin, disability, marital status, sexual preference, or past military status. (1) This policy applies to all terms, conditions, and privileges of employment including, but not limited to hiring, probationary period, training, placement and employee development, promotion, transfer, compensation, benefits, educational assistance, layoff and recall, social and recreational programs, employee facilities, and separation. (2) The Personnel Officer is responsible for formulating, implementing, coordinating and monitoring all efforts in the area of equal employment opportunity. The Personnel Officer's duties with regard to this policy may include, but are necessarily limited to: (3) (a) Assisting management in collecting and analyzing employment data; (b) Developing policy statements, affirmative action programs, if required, and recruitment techniques designed to comply with the equal employment policies of the City; (c) Complying with various statutory record keeping and notice requirements in order to ensure full compliance with all employment -related statutes and regulations; (d) Preparing, if required by state or federal law, an annual review and summary of the City's affirmative action programs and results achieved under these programs for submission to the City Manager; (e) (f) (g) Assisting supervisory personnel in arriving at solutions to specific personnel problems; Serving as liaison between the City and government agencies, minority and women's organizations, and other community groups; and Keeping the City Manager informed of the latest developments in the entire equal employment opportunity area. Any communication from an applicant for employment, an employee, a govemment agency, or an attorney conceming any equal employment opportunity matter is to be referred to the Personnel Officer. (4) While overall authority for implementing this policy is assigned to the Personnel Officer, an effective equal employment opportunity program cannot be achieved without the support of supervisory personnel and employees at all levels. Any employees who feels they are the victim of discrimination have a responsibility to report this fact to their supervisor and/or the Personnel Officer. May 27, 1994 203 Recruitment Policy Policy. The City will fill vacancies from within whenever possible. Special attention will be given to this policy when filling vacancies above the entry level. When recruiting outside the organization, the City will publish job announcements and use other sources as necessary to ensure that the selecting supervisor has a pool of highly qualified applicants from which to choose. No supervisor shall solicit applications personally unless public announcements are also made. (1) When a position becomes vacant, the selecting supervisor will first verify that the position is still needed. The supervisor will then review the job description for the position. If revision is necessary, the supervisor will revise the job description and obtain the approval of the City Manager before submitting a requisition to the Personnel Officer. (2) In general, the City will confine its recruitment efforts to personal referrals, local newspaper advertisements and the local Job Service Office of the Idaho Department of Employment. The Personnel Officer may determine that broader recruiting efforts are required when recruiting for positions requiring professional skills, licensure or certification requirements. When recruiting temporary summer help, managers may list openings with the Career Placement offices of Idaho Colleges and Universities. Other exceptions may be authorized by the Personnel Officer. The Personnel Officer will determine the appropriate job announcement procedures and scope and prepare the necessary job announcement for all vacancies except Department Heads. The City Manager will determine the scope of the recruiting effort when filling Department Head vacancies. (3) All print advertising must cant' the words "An Equal Opportunity Employer" and "The City of McCall maintains a Drug Free Workplace." Printed announcements and Job Service listings will specify the minimum education, experience, and other qualifications of the job exactly as stated in the approved job description. (See also Minimum Qualifications, page 201:1) The listing of the salary range is optional, but if listed it must be the salary range that is specified in the latest Compensation Plan and state that the salary "Depends on Qualifications." (4) The City may hire relatives of current employees if the new employee works in an entirely different department or location than the current employee. The City recognizes the sensitive nature of having family members employed by the same employer, and will take care to avoid difficult situations. For the purpose of this policy, "relative" means spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, son-in-law, daughter-in-law, aunt and uncle. Any relative applying for erriployment must meet all selection standards and fulfill all job qualifications and are subject to the same competitive selection procedures as are all other employee selections. The City will not hire a relative if it will create a manager - subordinate relationship with the current employee under any circumstances. (5) The Personnel Officer will prepare a standard City Application for Employment which shall be used by all departments. Selecting supervisors may personalize the application by having applicants complete a Supplemental Application to obtain more information about the applicant's job specific qualifications. Each applicant will complete the same application form and if necessary the same Supplemental Application. When listing a position with the Jbb Service Office, the Personnel Officer will deliver to the Job Service Office, a supply of application packets which shall include as a minimum: (a) the standard City Application for Employment; (b) the applicant supplement, if applicable; (c) the position announcement; (d) the approved job description, and; (e) a one page summary of the City's operations and its benefits policies. (6) Each job announcement will make it clear that resumes and letters of recommendation will not substitute for completing the application and supplement in their entirety. Each May 27, 1994 203 announcement, except those for temporary summer employment, will specify a closing date after which no further applications will be accepted. The standard advertising period shall be four weeks. Less time for advertising and publication must be approved by the City Manager. (7) Contact With potential applicants may undermine the objectivity of the selection process. Therefore supervisors and other employees are prohibited from discussing vacancies with potential applicants until after the applications have been screened and the selecting supervisor has determined what additional interview and testing procedures are to be used. Local applicants should be referred to the local Job Service Office. All other applicants are to be referred to the Personnel Officer. May 27, 1994 204 Employee Selection Procedures Policy. The City's employee selection procedures and standards are designed to seek out the best possible employee for each available position. The City and its managers will give proper consideration to suchfactors as education, experience, skiAs, advancement potential and character. All aspects of the selection process will be administered without regard to race, color, national origin, religion, gender, age, or disability. Applicants may not be asked questions in applications or interviews that do not relate directly to the work to be performed.. (1) Definitions: As used in this policy these terms have the meaning stated: (a) Unqualified applicant - An applicant who does not meet the City's minimum qualifications or the qualifications of the position as stated in the job description. (b) Qualified applicant - An applicant who does meet the minimum qualifications of the position and the City. (c) Highly qualified applicant - A qualified applicant who has been selected for interview and further consideration. (d) Best qualified applicant - The one single applicant considered the best qualified for the position. (2) Once written applications have been received, they first should be screened by the selecting supervisor to identify unqualified applicants. Selecting supervisors must be able to defend a summary rejection of an applicant as unqualified. (3) When all qualified applicants have been identified, the selection supervisor must then determine how to make the final selection. The exact process will probably be determined by the number of applicants. If ten or fewer small number of applicants are received, it is probably best to interview and otherwise further evaluate all of them. If there are more than ten, at least five should be interviewed and otherwise further evaluated. (4) If a relatively large number of applications is received, the applications should again be screened and a number of highly qualified applicants identified. The number of highly qualified applicants will depend on the total number of applications received and their relative qualifications. The rating procedure must be objective and relate solely to the specific requirements of the position. (5) The selecting supervisor will then interview the highly qualified applicants. Interview questions conceming age, sex, race, marital status, number of children and so forth are contrary to state and federal laws and regulations and may not be asked. It is also contrary to federal law to ask about physical disabiTrties until after a tentative offer of employment is made. Selecting supervisors should prepare a list of questions to be asked ahead of time so that all applicants are asked the same questions. The Personnel Officer shall review and approve the list to ensure that they are job related. (6) It may be necessary to develop another "short list" of applicants after the first interview and conduct a second interview. When the interviews are completed, the supervisor must determine which candidate is best qualified. The best qualified applicant is the applicant whose qualifications meet and exceed the job factors to the greatest degree. (7) When a preliminary employment decision has been made, but before an offer of employment is extended, the selection manager must verify certain items on the application. (a) Make reference checks by telephone or in writing. Check with previous employers and as far as possible, determine the accuracy and completeness of all May 27, 1994 204 information concerning dates of employment, position and duties, compensation and performance. All contacts shall be documented in writing in memorandum form clearly identifying the person contacted, telephone number and address. Unsuccessful attempts to contact references should similarly be documented. (b) Check the accuracy of all college or other post secondary degrees if this information was considered in making the preliminary employment decision. (c) Personal references may be checked, but should not be the sole source of information on the more positive aspects of an applicant's record. (8) If any damaging or derogatory information is discovered during the reference checks, or information or statements from the application or interview are shown to be false or inaccurate, the selection manager should discuss the conflicting information with the applicant. If a satisfactory answer is received and checks out, the decision to hire may be made. If not, the applicant should be dropped from consideration. (9) At this point, the manager should make a tentative job offer, conditioned on the following. (a) When the position involves access to cash or access to confidential information, the "best qualified" candidate will be asked to complete a release form (available from the Police Department) authorizing the Police Department to conduct a criminal and/or traffic records check. The job description for such a position, as well as any job announcement, must dearly state that a favorable police records check is a job requirement and a condition of employment. If the candidate declines to complete the release form, he or she will be dropped from consideration and the supervisor should select another candidate. If the records check is unfavorable, the selection manager should treat this as derogatory information and proceed as described in subparagraph (8) above. (b) When the position requires certain physical capabilities, the applicant may be required to take a preemployment physical, at City expense, by a qualified physician. Similarly, the applicant may be administered a physical test by the City. The physical requirements and the need for a physical exam and or a physical test will be clearly stated in the job description and the job announcement. The Americans with DisabRies Act prohibits evaluation of physical capabilities until a tentative offer of employment has been made. The decision to drop an applicant from consideration should be made only after discussing the applicant's physical limitations with the examining physician. (10) When the selection process is complete and an applicant has accepted an offer of employment and determined to be qualified, the remaining candidates must be notified promptly that they were not selected. The notification should take into account the fact that it is often disappointing for an applicant to not be selected for the job. The notification should thank the applicant for his or her interest and state something positive about his or her credentials. If the selection process is lengthy, applicants should be notified of the status of their applications and when they may expect a final decision. (11) The selecting supervisor will, upon completion of the selection process assemble a file which contains all pertinent documents pertaining to the selection including: copies of all job announcements, all applications and supplements, all correspondence from and to applicants, copies of any tests and results, any statistical information concerning compliance with the Affirmative Action Plan that may be required by the Personnel Officer, and the results of any physical examinations or tests administered to the best qualified candidate. This file will be forwarded for the Personnel Officer for a compliance review and retention. May 27, 1994 204 (12) Tests require extra caution since it is easy to interject biases, discriminatory or non -job related elements into written tests. Generally, it is safer to use professionally prepared standard'¢ed tests for screening purposes. May 27, 1994 204A Employee Selection Checklist Step Who is Responsible Action 4 1 Supervisor Review position and vacancy to determine if the position is still Iequired. 2 Supervisor Review Job Description 3 Supervisor Revise Job Description if required 4 Supervisor Submit revised Job Description for approval 5 City Manager Approve Job Description 6 Supervisor Submit personnel requisition and job description to Personnel Officer 7 Personnel Officer Develop application supplement in conjunction with supervisor. Determine scope of recruiting effort. Prepare Job Announcement and establish closing date. Prepare application packets. 8 Supervisor While awaiting the closing date, develop interview questions and other evaluation procedures such as testing. Submit to Personnel Officer for approval. 9 Personnel Officer Approve interview questions and additional evaluation procedures 10 Supervisor After closing date, collect applications. Screen for basic qualifications. Separate unqualified and qualified applicants. 11 Supervisor Determine approximate number of candidates to be interviewed and further evaluated. Screen and rate applications of all qualified applicants. Determined which are "Highly Qualified.,, 12 Supervisor Schedule and conduct interview and other evaluation measures. 13 Supervisor If still unable to determine the `Best Qualified" candidate, conduct additional interviews with leading candidates. Determine the `Best Qualified" candidate. 14 Supervisor Make an offer of employment to the `Best Qualified" candidate, if necessary, conditioned on the demonstration of physical qualifications and favorable records check. 15 Supervisor If offer is accepted, conduct records check and physical examinations and tests as required Check references and verify other application information such as educational credits. 16 Supervisor If offer is refused or a physical or records check disqualifies the candidate, repeat steps 14 and 15 with the next besst qualified. 17 Supervisor When the `Best Qualified" candidate has accepted and qualified, schedule the candidate to report for work. 18 Supervisor Notify unsuccessful candidates of their nonselection 19 Supervisor Assemble the recruitment file and forward it to the Personnel Officer. 20 Personnel Officer Review the file for compliance with City Policy, Federal Equal Employment Opportunity Guidelines, Americans with Disabilities Act and other statutes and regulations. Extract statistical information required by validation procedures. (See Policy 206). Retain for one year. 21 Supervisor Perform employee orientation. (See Policy 207) 205 Veterans Reemployment Policy Policy. In accord with the decision of the U.S. Supreme Court and federal and state statutes, retuming veterans will be given rights to reemployment. The Personnel Officer and each Department Head will know and consult applicable state and federal laws and apply them uniformly in all cases. An employee returning from military service must meet certain general requirements as follows: (1) This policy shall not apply to those in the Armed Forces Reserves or National Guard, unless called to active duty, whether for State emergency or national service. (2) Former employees who are inducted, voluntarily enlist, or are called to active duty while employed by the City will be entitled to reemployment rights if their time of service does not exceed five years. (3) Former employees retuning after military service must present a DD Form 214 showing the type of separation at time of application. Dishonorable or Bad Conduct Discharges will be treated as derogatory information. (See Employee Selection Procedures-p 204) (4) Former employees returning after more than six months active duty must apply within 120 days of separation; with less than six but more than three months, 75 days; and with less than three months, 30 day unless hospitalized in which case the veteran has one year and 120 days to apply. (5) Former employees retuming after military service who fail to reapply by these deadlines will not be eligible for priority reemployment. (6) When former employees returning after military service are reinstated, they will be placed in positions of similar status and pay whenever possible. Those with service -connected disabilities will be offered positions for which they are qualified, but the City will make every effort to provide similar status and pay. (7) Reinstated veterans will have continuous service with regard to seniority, vacations, service awards, etc., and will fully participate in benefits. May 27, 1994 206 Validation of Selection Procedures Policy: The City shall use altemate selection procedures to ensure that women and minorities are not adversely impacted by the selection process. (1) The federal Uniform Selection Guidelines define °validation° as the demonstration that selection procedures are related to the work to be performed and do not have an °adverse impact" upon minorities or women. (2) The guidelines allow the City to use alternate selection procedures to eliminate adverse impact when it is not feasible to conduct formal validation studies. Such procedures include affirmative action programs; culture, language, or experience factors; selection from a pool of disadvantaged persons who have demonstrated their general competency; and other procedures that promote minority hiring. The Personnel Officer will investigate and implement these altemative procedures when necessary. (3) °Adverse Impact" is defined in the Uniform Guidelines as a substantially different rate of selection for women or any minority group than the rate for majority employees (or whatever group has the highest rate.) The Personnel Officer is responsible for studying in great detail how the Federal Government determines whether adverse impact exists within an employer's employment process. (4) An important part of the federal regulations concems record -keeping with regard to adverse impact, particularly records on the gender, race or national origin of employment applicants or intemal candidates for promotion, training or other employment opportunities. The Personnel Officer will make sure all legally required records are kept in the prescribed manner by responsible City employees. Although the City may have no specific selection or employment practices which result in discriminatory assignment patterns., certain unofficial practices may still exist which are legally discriminatory. The guidelines define two of these as: (5) (a) Where the selection procedure is a significant factor in the continuation of discriminatory assignment pattems. For example, opening up jobs in skilled trades to African -Americans originally hired as laborers is fine; but if you then require that they pass certain tests or forgo their seniority in order to transfer to the neW jobs, they will continue to suffer the effects of past discrimination. (b) Where the weight of court decisions or administrative interpretation holds that certain selection procedures are not job related. Examples of this are minimum height and weight requirements, which the court has judged to be unrelated to the job, and a blanket ban on hiring anyone with an arrest record, which has a discriminatory impact on certain minority and ethnic groups. All employment practices should be closely studied and validated. May 1, 1994 207 Employee Orientation Policy. Each new employee shall receive a prompt and thorough orientation to his or her job, department and the City operations as a whole. The Personnel Officer shall develop a checklist to document the employee orien a ion. () Su ervisor's orien a ion. Each new em loyee will receive an orien a ion from his or her immediate supervisor. This orientation is to be completed on the employee's first day at work. The orientation will be documented in writing using a prepared checklist or in memorandum form. As a minimum the orientation shall consist of: (a) Department policies and procedures, the employee's duties and responsibilities; (b) Safety rules and regulations; (c) Place and time to report to work, rest and meal breaks and call out procedures; (d) Time card procedures, vacation policy, and; (e) City and Department organization, the supervisor to whom the employee reports, and the place the employee occupies in the City organization. (f) Advise the employee of the time and place of his or her appointment with the Personnel Officer and provide the employee with a completed Personnel Action Form to take to the appointment. (2) Personnel Officer's orientation. When the supervisor has completed his or her portion of the orientation, he or she will make an appointment for the employee with the Personnel Officer who will: (a) Complete necessary paperwork verifying the employee's eligibility to work (INS Form 1-9) and payroll withholding (Form W-4). (b) Inform the employee about medical and dental insurance benefits, Public Employee Retirement system and holidays. The Personnel Officer will assist the employee in completing the necessary enrollment forms. (c) Explain the City's vacation policy, including accrual and use of vacations. (d) Explain the City's sick leave policy and the Family and Medical Leave policy. (e) Explain other City benefits such as credit union and deferred compensation. (f) Explain the City's pay policies, including pay change procedures, direct deposit option and pay days. (g) Provide the employee with a copy of the Employee Handbook, medical, dental and retirement brochures. (h) Explain the City's grievance procedure. (3) For part-time (less than 20 hours per week) and temporary employees, the supervisor will have the documents in 2a above completed and forward them to the Personnel Officer. There will be no Personnel Officer's orientation. May 27, 1994 301 Employer -Employee Relations Policy. The City's employee relations and employment policies shall be governed by these five principles: (1) Each and every employee is entitled to respect, courtesy, and dignity. (2) Each employee is entitled to fair wages, the fullest practicable employment, and safe, healthful and pleasant working conditions. (3) The City is firmly committed to the use of merit and performance evaluation systems to provide fair opportunities for promotion and job development. The City is obligated to determine the best practical job opportunity for each employee in close cooperation with the employee. (4) The City shall apply and enforce each employment policy in a uniform and consistent manner. Each policy shall be applied in the same way regardless of differing facilities, departments, managers or supervisors. (5) Each employee is obligated to give the City his or her cooperation, loyalty, and personal interest. The City is committed to working closely with each employee for the benefit of both the employee --through fair wages, skills training, job opportunities and job satisfaction --and the City, through steady employment and adequate and efficient services to the City of McCall. May 27, 1994 302 Employee Privacy Policy. The City firmly believes in respect for the rights and dignity of each employee to include the protection and enhancement of the individual employee's right to privacy. To achieve this goal, the City adopts the following principles: (1) The City will request and retain only the information required for management and legal purposes. Generally the City will gather the information directly from the employee, except for references on job applications and performance evaluations by superiors. (2) The principal guideline for gathering such personal information will be a management "need - to -know" the information to be gathered. The City will protect the confidentiality of all personal information in City records and files. Each employee has the right of immediate access to his or her own personal information in City records and files. The City guarantees the right of each employee to correct inaccurate information and express disagreement with information in his or her files. The City will strictly limit the intemal availability of personal information to those City officials with a clear "need -to -know." See "Access to Official Personnel Files" page 305 for a fuller discussion of this item. The City will refuse, except in specific circumstances, to release information to outside sources without the employee's written approval. The City must be able to release name, position title, salary history and current salary. The City will not release personal information including personal telephone numbers unless listed in the telephone book. (8) The City requires each employee to strictly adhere to these policies and practices. Violations are subject to disciplinary action. May 27, 1994 303 Personnel Records Policy. The City maintains only one Official Personnel File which contains only appropriate information. The Office Personnel File is maintained in the custody of the Personnel Officer. The City maintains separate payroll and compensation files which are maintained in the custody of the City Treasurer. In addition, separate files pertaining to the physical and medical status of employees are maintained by the Personnel Officer. Only the designated custodian of these records may file or remove documents. 1. Appropriate information categories for the personnel file are determined by the Personnel Officer within strict limits. They include: (1) Employment application information, including application form, resume, reference checklists and forms. (2) All performance evaluations. 0) Letters of commendation or other recognitions of excellent performance. (4) Records of suspension, disciplinary action or termination, including reprimands. Derogatory information from third parties will be filed only if disciplinary action is taken as a result. (5) Employee's statements in rebuttal or mitigation of derogatory information. (See Adverse or Derogatory Information - page 304) (6) Documents verifying the completion of training and certifications. (7) Report of Employment Eligibility (INS Form 1-9). (8) Name and telephone number of Person(s) to be contacted in the event of an emergency. (9) Acknowledgement of briefing on Drug Free Workplace Policy and receipt of a copy of the policy. (10) Written authorization by employee to release home address and/or telephone number. (11) Original copy of employee orientation checklist or memoranda. (12) Signed copies of grievances, answers, and appeals. (See Grievances, page 310) 2. The City Treasurer is also limited as to the categories of information collected and maintained. They include: (1) Personnel Action Form documenting the employee's current pay rate. (2) Employee withholding and payroll deduction authorizations. (3) Garnishment, child support and other judicial payroll deduction orders. (4) Time cards and other records of attendance. (5) Request and Authority for Leave. (6) Written authorization by employee to release paycheck or for direct deposit of paycheck. May 27, 1994 303 3. Medical files maintained by the Personnel Officer may include: (1) Reports of physical tests and medical examinations. (2) Health care providers' certifications submitted in support of Family or Medical Leave. (3) Claims for Workers Compensation Benefits, Supplemental Reports, reports of benefits paid and any other correspondence or documents relating to a work -related injury or illness. (4) Correspondence and other documents from or to health care providers that concems an employee's fitness for duty. 4. The City strictly limits the information about employees which supervisors or managers may keep in their possession to the following: (1) One years attendance record. (2) The most recent performance evaluation. (3) Notes, memos or documents relating to an employee's job performance since last performance evaluation. (Also see Adverse or Derogatory Information - page 304) These may be copies of documents already filed in the Official Personnel File. Supervisors may not maintain original copies of documents required to be filed in the Official Personnel File (i.e. the documents listed in paragraph 1 above.) Documents maintained by supervisors under this subparagraph must be destroyed when the next performance evaluation is completed. (4) Duplicate copies of documents verifying the completion of training and certifications. Originals are to be filed in accordance with paragraph 1 (6) above. Supervisors may also maintain documents relating to training and certifications in progress but not yet completed. (5) No other files are to be kept by Department Heads or Supervisors. The maintenance of separate department files other than those listed in the section and the use thereof may be grounds for disciplinary action against the Department Head or supervisor. 5. The following will not be collected or retained: (1) The Names and Birthdates of employees' family members. (2) Lists of hobbies or outside activities. (3) Marriage certificates, birth certificates, or other personal documents for which the City has no need to know. (4) Information on an employee's credit worthiness, financial standing, or the like. Excluding garnishments or other evidence that affects job performance such as the appearance of bill collectors during work hours, etc. May 27, 1994 (5) 304 Adverse or Derogatory Information Policy. No adverse information such as disciplinary reprimands, warnings, etc., shall be filed in official personnel files until the employee has been given the opportunity to read and submit statements and other matters in rebuttal or mitigation. Before forwarding such information to the Personnel Officer for filing, the supervisor must: (1) Provide a complete copy of the information to the employee. (2) Advise the employee of his or her right to submit a statement in rebuttal or mitigation. (3) Ask the employee to sign a statement to the effect that (a) the employee has been fumished a copy of the information (information is to be listed in detail in the statement) and (b) the employee has been advised of his or her right to submit a statement in rebuttal or mitigation and whether or not the employee desires to submit such a statement. (4) The employee will be given at least three days to prepare or obtain his or her statement and supporting documents. More time may be granted if supervisor determines that the additional time is reasonably necessary. If after reviewing the employee's statement and other matters, the supervisor decides not to forward the adverse information for filing all documents proposed for filing will be destroyed in the employee's presence. This information may not be used in anyy future disciplinary action. If the employee refuses to sign an acknowledgement, the supervisor will execute a notarized statement citing the date and time the employee was fumished a copy of the information (the information will be listed in detail in the statement) and advised of his or her rights and that the employee refused to sign an acknowledgement. (6) Within five working days of the supervisors final action, he or she will forward the original copies of the adverse information, the employee's acknowledgement, if any, any statements by the employee, and, where applicable, the supervisor's statement that the employee has been provided copies and refused to sign. No additional copies shall be maintained by the supervisor. Nothing in this procedure shall supersede the employee's grievance rights. See Grievances - page 310 May 27, 1994 305 Access to Official Personnel Files Policy. The City will carefully restrict access to Official Personnel Files. Access will generally be limited to those with a need to know. The Personnel Officer must approve and supervise the addition, removal or alteration of documents in the Official Personnel File. The following are circumstances where access will be granted. (1) Access by City Officials is restricted to the following: (a) The Personnel Officer or staff requiring access to file or extract documents or authorized information when directed by the Personnel Officer. (b) The employee's supervisor and those in the employee's "chain of command" with a legitimate need to know, such as review of performance evaluations. (c) The City's legal counsel when there is a legitimate need to know. (d) Employee selection supervisors when considering the employee for a vacancy in the City. (e) The City Manager in the course of executing his personnel management responsibilities. (f) The Mayor and members of the City Council only when reviewing a grievance or like circumstance. (2) An employee's request to see his or her own Official Personnel File will be granted as quickly as practical. An employee should first notify his or her immediate supervisor. The employee should then arrange a mutually convenient time with the Personnel Officer. The employee has the right to inspect the files in private and make a reasonable number of copies of each page. The employee must understand that Official Personnel Files are the property of the City. No employee is allowed to remove any item from his or her own file. If any employee disagrees with any information, he or she must notify the Personnel Officer. The employee may ask for the correction or deletion of information or write a statement in rebuttal or mitigation. (See Adverse or Derogatory Information - page 304) 0) All requests from third parties for information about a current, retired or terminated employee must be referred to the Personnel Officer. The Personnel Officer will obtain the written consent to release the information contained in a Official Personnel File to an outside source. Exceptions to this rule include: (a) Disclosure to prospective employers of dates of employment, final title or position and job location and compensation at termination or current level. (b) With an employee's permission, the Personnel Officer may release a three-year employment and salary history. (c) Duly authorized and served requests from law enforcement agencies, including inves iga ions, summonses, sub oenas and judicial orders. The Personnel Officer May 27, 1994 305 will notify the individual in these cases, unless such notification is prohibited by the official or document requiring the information. May 27, 1994 306 Safety Policy. All employees shall be required to practice safety at all times. Accidents are costly, not only in terms of money, but also in terms of employee suffering and lost work time. (1) Accidents can be kept to a minimum if safe conditions are constantly maintained. This includes not only safe work practices and facilities but also wearing protective equipment such as hearing protection, hard hats, respirators, eye protection, etc. Department heads, supervisors, and employees should be concerned not only with safety for themselves but for the public as well. Protection of life and property is a primary mission of municipal govemment. (2) Safety is especially important in the operation of City equipment such as trucks, tractors, compressors, graders, loaders, backhoes, etc. Supervisors shall make certain that only qualified, alert and responsible employees operate motorized equipment. No employee will operate any City vehicle or other self-propelled equipment after having been on duty for more than twelve hours without an off -duty break of at least eight hours. (3) Supervisors are also responsible to ensure that City equipment is properly maintained, paying particular attention to such items as steering, brakes, lights and installed safety equipment such as backup alarms. All motor vehicles shall have seat belts installed and all employees shall have these belts fastened when operating or riding in these vehicles. (4) There are further safety rules that apply to individual departments. Department Heads shall provide written safety rules to their employees. All employees should consult their supervisor if they have questions or suggestions as to potential safety hazards. All employees have a duty to report any unsafe conditions encountered and supervisors shall promptly correct such unsafe conditions. (5) Any employee who is injured or becomes ill while on the job should first seek medical attention. As soon as practical, the injured employee or other employee knowing of the injury or illness shall report the injury to the Department Head. The Department Head shall prepare the appropriate reports for the City's Worker's Compensation carrier on forms provided by the Personnel Officer. (6) If an employee is injured or suffers an illness while off duty, the employee must report that fact to his supervisor, if that injury or illness effects the employee's ability to perform his or her duties. The supervisor may require a physician's release for the employee to return to work. May 27, 1994 307 Political Activity Policy. All employees have the freedom of choice and expression in politics and no inquiry shall be made regarding political affiliation. In exercise of those rights, the employee must understand that participation in political activities is personal participation. 1. Employees of the City of McCall shall not: a. Use their official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof; b. Directly or indirectly coerce, attempt to coerce, command, or direct any other employees or officers to pay, lend, or contribute any part of their salary, compensation or anything else of value to any party, committee, organization, agency, or person for political purposes. c. Be a candidate and hold elective office in any partisan election. 2. All employees have the right to register in any election in which they are otherwise qualified electors, and to the extent that such activities do not have a materially disruptive effect on govemment operations or compromise the neutrality, efficiency, and effectiveness of City services, all employees shall retain the right to: a. Express an opinion, as an individual, privately and publicly on political subjects and candidates; b. Display a political picture, sticker, badge or button on their person or personal property; c. Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization or a similar organization; d. Be a member of a political party or other political organization and participate in its activities; e. Attend a political convention, rally, fund raising function, or other political gathering; f. Sign a political petition as an individual; g. Make a financial contribution to a political party or organization; h. Take an active part, in support of a candidate, in an election; i. Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or an other question of similar character; j. Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by law; k. Be a candidate and hold elective office in any nonpartisan election; I. Take an active part in political organization management; and m. Otherwise participate fully in public affairs, except as prohibited by law. May 27, 1994 308 Outside Employment Policy. Outside employment is paid employment, including self-employment performed by an employee in addition to his or her employment with the City. Outside employment also includes holding elected or appointed public office. The following statements set forth the City's policy with respect to outside employment: (1) Such employment shall not interfere with the efficient performance of the employee's duties. (2) Such employment shall not involve a conflict of interest or conflict with the employee's duties. (3) Such employment shall not involve the performance of duties which the employee should perform as a part of his or employment. (4) Such employment shall not occur during the employee's regular or assigned working hours unless the employee is either on annual leave, compensatory time, or leave without pay. (5) Employees desiring to undertake outside employment shall first notify their supervisor. (6) An Employee who is a Volunteer Fireman, member of Search and Rescue Team, or an Emergency Medical Technician is exempt from (1) through (4) above. An employee involved with the above named groups when called out on an emergency that will require more than four (4) hours attendance shall first contact his department head for approval. The department head has the discretion to determine if the employee will be compensated during time off work for an emergency that lasts more than four. (4) hours. Notwithstanding a department head's decision to compensate an employee for an absence attending an emergency, no employee shall be compensated by the City for performance as a Volunteer Fireman and his or her regular duties at the same time. If the department head has authorized compensation as above, the employee must determine if he or she is to receive his or her regular salary or compensation as a Volunteer Fireman, but not both. May 27, 1994 309 Employee Attendance Policy. Each employee is required to work the hours scheduled. There is not a single job that is not vital to the overall City operation. When employees fail to take this fact seriously, time-consuming rearrangements and costly replacements are often necessary to maintain continuity of services. Each employee is therefore responsible for being present and ready to work when scheduled. The City defines its attendance policy in the following terms: (1) Absence. The failure of an employee to report during the hours he or she is normally scheduled to work. (2) Tardiness. This occurs when an employee is not on the job at the time work is scheduled to begin but reports later that shift. (3) Excused Absence. This occurs when an employee notifies his or her immediate supervisor of an upcoming absence for an acceptable reason such as illness, personal or family emergency, scheduled vacation or the like. The supervisor must give the employee written permission to be absent in order for the absence to be 'excused." Rare exceptions are permitted in cases where prior notification is not possible. In the event of illness, the employee must call the supervisor within one hour of scheduled work time. (4) Unexcused Absence. This is defined as an employee's failure to notify the immediate supervisor before not reporting for work. It also includes the employee's decision to be absent even though supervisory approval was not granted ahead of time. Employees shall not be paid for an unexcused absence, even if the employee has accrued vacation or compensatory time. (5) Attendance Procedures. (a) No disciplinary action shall be taken in regard to excused absences unless such absences exceed the employee's accrued vacation or compensatory time balances. If an employee has no accrued vacation or compensatory time, the supervisor shall generally disapprove requests for time off. When extraordinary circumstances merit, the City Manager may grant Leave without Pay which shall be considered an excused absence. (b) If a supervisor reasonably suspects that an employee is abusing sick leave privileges, i.e. calling in sick when the employee is not ill, the supervisor may require that the employee obtain a physician's certification in order for the absence to be excused. (c) Unexcused absences and tardiness shall be grounds for disciplinary action. The supervisor shall discuss the matter with the employee and try to determine the reason for each absence or tardiness and document the discussion. Where extenuating circumstances warrant, such as a proven emergency, the absence may be redesignated as an excused absence. (d) Excessive use or abuse of sick leave, tardiness and unexcused absences may be May 27,, 1994 309 symptoms of deeper problems and the supervisor may suggest the employee consult appropriate medical facilities or to utilize the City's Employee Assistance Program. (e) In the absence of extenuating circumstances regarding unexcused absences, supervisors shall consider the offending employee for disciplinary action on an individual basis. May 27, 1994 310 Employee Grievances Policy. The City is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion or question is answered quickly and accurately by supervisors or management. When an employee has a grievance both the employee and the City have a problem. Consequently, the City's grievance procedure shall be called the "Problem -Solving Procedure.° (1) Each employee shall be guaranteed fair and honest treatment in all aspects or his or her employment. Supervisors and managers shall treat each employee with respect, shall not demonstrate personal prejudice, or grant unfair advantage to one employee over another. Similarly, supervisors shall ensure that employees treat each other with respect and shall discipline employees who demonstrate bigotry, verbally abuse or harass other employees. (2) Each employee has the right to express his or her views conceming City policies and practices to management. Each employee is responsible, however, for expressing those views in a fair and honest manner. Every employee should make his or her criticism positive and constructive. (3) Each employee is responsible for following the City rules of conduct, policies and practices. Should an employee disagree with a City policy or practice, the employee is invited to express his or her disagreement through the City's Problem -Solving Procedure. But an employee is expected to comply with the disputed policy or practice until the policy or practice is changed. (4) No employee shall be penalized, nor suffer any retaliation, for voicing a disagreement with the City or for using the Problem -Solving Procedure. However, making false or misleading statements, expressing disagreement in abusive, threatening or profane language, or abusing Problem -Solving or other Procedures by raising issues in bad faith or solely for the purposes of delay, obstruction or harassment, or by repeatedly raising grievances that a reasonable person would judge to be frivolous constitute abuse of this policy and may subject the offender to disciplinary action. Initiation of the Problem -Solving Procedure does not limit the right of the City to proceed with any disciplinary action which is not in retaliation for the use of the Problem -Solving Procedure. (5) Every complaint, question, problem or suggestion shall be considered and answered within three working days. In all instances the answer and explanation shall be given in writing. (6) Problem -Solving Procedure. In order to qualify for the rights described below, the employee's problem must be presented in writing. Employees and supervisors shall follow these steps to express and resolve problems, concerns, and disagreements: at) First the matter should be presented to the employee's immediate supervisor. If the complaint or concem is in regard to immediate supervisor, the matter should be presented to the immediate supervisor's supervisor. The supervisor shall make full investigation of the matter and try to resolve the situation as quickly as possible, but within three working days. The supervisor shall render a decision based on the facts, City policy and a discussion with the personnel officer. If the problem concerns the immediate supervisor, or if the supervisor is unable to resolve the issue to the employee's satisfaction, the employee should present it to the department head. In May 27, 1994 310 each instance, when rendering a decision, the employee will be advised, in writing, of the appeal rights set forth in this policy. (b) The department head shall investigate the employee's problem, review City Policy and render an opinion within three working days. If additional time is required, the employee shall be notified in writing of the delay and given an accurate indication of when an answer will be forthcoming. The department head's answer will point out the employee's right to appeal the decision to the City Manager. (c) If the employee is not satisfied with the department head's decision, the employee may take the matter to the City Manager who shall follow the same procedure as above. (d) If the employee is still not satisfied he or she may bring the matter to the City Council. The City Council will schedule a hearing at which it will hear testimony, review written matters including the previous actions on the complaint and render a decision. The employee shall have the right to be represented by Legal Counsel at the employee's own expense at this hearing. The City Council's decision shall be considered final. (7) Employees shall have the right to representation by legal counsel, at the employees own expense, during all proceedings connected with the Problem -Solving Procedure. (8) The Personnel Officer will file signed copies of the grievance, appeals and answers in the Official Personnel File. See Personnel Records, page 303. (9) Nothing in this policy shall limit the rights of employees to file actions in the District Court or with other federal or state regulatory agencies. It should be noted that many of these agencies require that local remedies, such as this procedure, be exhausted before such actions will be considered. May 27, 1994 311 Temporary and Part -Time Employees Policy. It is the policy of the City to supplement the regular work force with temporary or part-time employees, or other forms of flexible staffing, when needed because of periods of peak work load, employee absences or other situations as may be determined by the City Manager. (1) Definitions: (a) A member of the regular work force is an employee who is hired for an indefinite period or a definite period of more than five months and who is normally scheduled to work twenty or more hours per week. Such an employee may also be referred to as a full-time, permanent employee. (b) A temporary employee is one who is hired for a definite period of less than five months. Such an employee may also be referred to as a seasonal employee. (c) A part-time employee is one who is normally scheduled to work less than twenty hours per week. (2) During peak workload times, where there is a need for temporary help in several departments, the Personnel Officer will solicit applications from the job service office and the career placement offices of Idaho Colleges and Universities and locally to obtain a pool of such applicants from which department heads may hire temporary help. The formal selection process described in "Recruitment Policy" page 203, "Employee Selection Procedures" page 204 and the "Employee Selection Checklist" page 204A are not required when hiring temporary or part time employees. (3) The City may hire students as temporary and/or part-time employees, if not prohibited by law. The City may require that the prospective employee provide satisfactory proof of date of birth to ensure compliance with the Child Labor provisions of the Fair Labor Standards Act. (4) Generally, temporary and part-time employees are eligible for only those benefits that are required by law; i.e. Social Security, Medicare and Worker's Compensation. See "Eligibility for Benefits" page 501 for a fuller discussion. May 27, 1994 312 Probationary Period Policy. It is the policy of the City that all new employees and all present employees transferred or promoted to a new job are to be carefully monitored and evaluated for an initial period on the job of at least six months. (1) Supervisors are to observe carefully the performance of each employee in a new job position. Where appropriate, weaknesses in performance, conduct, or attitude are to be brought to the employee's attention for correction. (2) Supervisors are to prepare a written evaluation of the employee's job performance at the end of the first six months on the new job. The evaluation is to include a recommendation as to whether the employee should continue in the position. (3) Employees will be allowed to continue in their new positions if they are both given a satisfactory evaluation at the end of the probationary period and receive their supervisor's recommendation to continue in the job. Employees not receiving such satisfactory evaluation and recommendation may be continued in their probationary status if the supervisor feels that additional time is warranted in order to achieve acceptable job performance. (4) Supervisors may recommend that a newly hired employee be terminated at any time during the probationary period. Such a recommendation for termination should be submitted in writing to the Department Head and must include an evaluation and a list of actions taken to assist the employee to achieve satisfactory performance. The Department Head shall review the recommendation and if he or she concurs forward the recommendation to the City Manager for approval. (5) Transferred or promoted employees who are unable to perform satisfactorily in their new jobs may at the discretion of the City Manager, be returned to their former jobs, if a vacancy exists, or may be terminated. (6) Probationary status may be imposed as a disciplinary measure to correct the unsatisfactory performance of an employee who has successfully completed his probationary period. Probationary status imposed as a disciplinary measure shall not exceed three months. (7) At the end of the initial probationary period, the Department Head may grant a merit increase in pay not to exceed 5% of the initial pay rate. This raise must be justified in the same manner as all merit increases and is subject to the same budgetary constraints. (See "Pay Changes" page 404:1.) (8) At all times, employment with the City is considered to be "at -will," and the employer/employee relationship may be terminated at any time for any lawful reason by either parry. (See "Employment -at -Will" page 105.) May 27, 1994 313 Termination of Employment Policy. It is the policy of the City to terminate employment because of an employee's resignation, discharge, or retirement; the expiration of an employment contract; or a reduction in the work force. Discharge can be for any reason not prohibited by law. In the absence of a specific written agreement, employees are free to resign at any time and for any reason, and the City reserves the right to terminate employment at any time and for any reason. (See "Employment -at -Will" page 105.) (1) Employees are requested to give ,at least two weeks written notice of their intent to resign. Failure to give written notice may result in ineligibility for re-employment. (2) Employees who are absent from work for three consecutive work days without being excused or without giving proper notice shall be considered to have voluntarily resigned. (3) For policies relating to termination due to reduction in force see "Layoffs and Recall" page 314. (4) For policies relating to termination due to retirement see "Public Employee Retirement System" page 502. (5) For polices relating to discharge see Chapter 7, °Employee Discipline." (6) Supervisors should send notices of resignation or retirement to the Personnel Officer so that necessary notices relating to COBRA can be prepared, the employee's final pay calculated and an exit interview can be scheduled. Supervisors should also commence recruiting a replacement if required. (See "Recruitment Policy" page 203.) (7) (8) (9) The Personnel Officer will conduct an exit interview not later than the employee's last working day. This interview is to deterrnine the cause of voluntary terminations and what management practices might reduce employee turnover. The interview will also be used to ensure that all City property is returned to the City and to inform the terminating employee of the provisions of the Consolidated Omnibus Budget Reconciliation Act (see "Continuing Health Benefits" page 514), final pay procedures, status of retirement benefits, etc. Terminating employees shall be paid for all accrued vacation (see "Vacation and Sick Leave" page 505) and accrued compensatory time (see "Hours of Work" page 402:1.) Terminated employees may be eligible for future employment if recommended by their supervisor and adequate notice is given. (10) Requests for employment references should be made in writing to the Personnel Officer and should include an authorization by the employee for the release of the requested information. Generally, the Personnel Officer will not release reference information, without the employee's authorization, or will limit the information to verification of the employee's position, dates of employment and final salary. (11) Termination and discharge procedures are only guidelines and do not constitute a legal contract between the City and its employees. The City reserves the right to implement its policies and procedures as it sees fit. May 27, 1994 314 Layoff and Recall Policy. It is the policy of the City that, if it must reduce employment because of budgetary constraints or lack of work, layoffs and recall from layoff will be conducted consistent with City requirements and in accordance with the procedures set forth below. (1) The City will attempt to avoid layoffs and, whenever possible will consider altematives to layoff before any final decisions are made. However, the City must reserve the right to alter the layoff procedure in order to assure an adequate level of service. (2) Layoffs that are expected to be temporary will be handled according to the provisions of this policy. Selections for layoffs that are known to be permanent will be made according to this policy and then handled according to policies outlined in "Termination of Employment", page 313:1 (3) When temporary or permanent layoffs are necessary, the City Manager will determine the number of layoffs for each department. Within each department nonexempt employees are to be selected for layoff in the following order: (a) Probationary temporary and part-time employees are to be laid off first, followed by non -probationary temporary and part-time employees; (b) Other probationary employees are to be laid of next, and; (c) Non -probationary full-time, permanent employees are to be laid off based on their length of service, shortest period of service first. To establish length of service: (I) Service shall be considered to have commenced when the employee was hired on a full-time, permanent basis. (ii) Prior part-time or temporary service shall be credited at the rate of one month for each 173 hours worked,. (iii) If a full-time permanent employee has had a break in service of less than thirty days, the employee will be credited with all service from the initial date of hire. (iv) If a full-time permanent employee has had a break in service of more than thirty days but less than one year, the employee shall receive credit from the most recent date of hire plus the prior period(s) of service. The intervening breaks shall not be counted. (v) If a full-time permanent employee has had a break in service of one year or more, the employee shall be credited with service from his most recent date of hire. Prior service shall not be counted. (d) Notwithstanding the above order for layoffs, the remaining employees must be sufficient to provide an acceptable level of service. Employees with unique and critical May 27, 1994 314 (e) (f) skills may be retained even if their layoff priority is reached. The City Manager shall determine layoff priorities for exempt employees. Laid off employees imill be paid for all accrued vacation and compensatory time. Accrued sick leave will be reinstated if the employee is recalled. See Vacation and Sick Leave, page 506. (4) Em loyees ho are laid off due o a em orary reduc ion in force shall be laced on a recall list in the opposite order laid off. The last employee laid off shall be the first employee recalled. The City Manager may approve the early recall of employees with unique and critical skills in order to assure an acceptable level of service. (a) Employees will remain on the recall list for one year or until the reduction in force is determined to be permanent whichever is first. (b) Once removed from a recall list an employee's job rights shall be terminated. (c) Employees on the recall list are responsible to ensure that the Personnel Officer has their current mailing address. (d) Recalls shall be made by certified mail return receipt requested addressed to the most recent known address. Such mailing shall be deemed a recall whether or not the return receipt is returned. (e) If an employee fails to report for work within seven days of the notice of recall he or she will be removed from the recall list. May 27, 1994 401 Salary Administration Policy. It is the policy of the City to pay compensation which is nondiscriminatory and competitive with rates being paid for similar jobs by other employers in the community. However, all compensation policy decisions must take into consideration the limited financial resources available and competing requirements for those resources. (1) The Personnel Officer is responsible for coordination the continuing intemal review of all compensation and for making sure that each job is evaluated and for recommending a Salary Range for each job. (See Compensation Plan, page 404.) (2) New employees generally will be hired at the starting rate assigned to their job. Supervisors may recommend higher or lower starting rates depending on an applicant's experience or skill level or on other competitive considerations. The Supervisor is free to negotiate a starting rate with a prospective employee; however, a starting rate higher than 10% above the lowest rate for the job must be approved by the City Manager. Supervisors are responsible for conducting a compensation review with each employee at least once each year during the anniversary month of the employee's initial hire date. Compensation decisions must be based on performance, length of service and budget considerations. (See Pay Changes, page 405) Regardless of merit or length of service, no pay raise can be approved if it will cause the Department to exceed its approved budget. (4) Supervisors, when conducting compensation reviews, should show employees the relationship between pay and job performance, length of service and other significant factors. In addition, supervisors will clear the fact that overall compensation includes numerous noncash benefits including: paid holidays, vacation, sick leave, health and dental insurance. The supervisor must also point out that the City contributes to Social Security and the Public Employee Retirement System and pays for Worker's Compensation insurance on the employee's behalf. (See Chapter 5, Employee Benefits for a fully description of benefits.) Employees who are not satisfied with the results of their compensation review or who have questions about the City's salary administration should direct their concem to their supervisor or the Personnel Officer. (3) (5) May 27, 1994 Policy. It is the public safety and law. (1) (2) 402 Hours of Work policy of the City to establish time and duration of working hours as required by work load, customer service needs, the efficient management of personnel resources, and any applicable The work week is the continuous 168 hour period beginning one minute after midnight on Saturday morning and ending at midnight the following Friday night. Supervisors will schedule each employee's working hours during that period, except that no employee will be regularly scheduled to work more than forty hours in a work week and no employee will be regularly scheduled to work more than twelve hours in a twenty-four hour period. Hourly nonexempt employees will be compensated for hours worked in excess of forty hours in a week in the form of paid overtime at the rate of one and one-half hours for each hour worked. (a) Employees may, at their own option, accrue up to 56 hours of compensatory time in lieu of being paid overtime in cash. (b) Employees who have accrued compensatory time when this policy is implemented may elect to be paid for their accrued compensatory time. This election must be made within thirty days after this policy is approved. (c) No employee will accrue more than 56 hours in lieu of payment of overtime. Once an election to accrue or retain compensatory time is made under (a) or (b) above, the election shall be binding and the employee may not later receive payment for accrued compensatory time except when being paid for actually using compensatory time off or upon termination. Golf course and recreation employees are hourly exempt employees. This means that they are exempt from the overtime requirements of the Fair Labor Standards Act. These employees will be paid their normal hourly rate regardless of the number of hours worked each week. Supervisors will take steps to reduce overtime whenever possible. Actions such as sending employees home early and recalling employees from vacation are measures that can be used to reduce overtime. The City Manager will determine the hours of work for salaried exempt employees. (See Exempt Employees, page 406) May 12, 1994 403 Time Records Policy. It is the policy of the City that wages and other benefits paid in employee paychecks be supported by timely, and accurate records of hours worked, compensated absences and holidays recorded on the day worked or the entitlement is earned. (1) All hourly employees are required to complete an individual time record showing the number hours worked, vacation or sick leave claimed and holiday entitlements. Each day's hours are to be recorded at the close of the employee's work day. (2) At the end of the pay period, the employee will sign the time record and present it to his or her supervisor for review and approval. The supervisor is required to attest that the hours reported by the employee and to approve by initialling each period of overtime or compensatory time earned on the reverse of the time record. (3) Should the supervisor determine that the time record is in error or contrary to the City's policy, the supervisor will discuss the matter with the employee. If the supervisor is not able to correct the time record to the employee's satisfaction, they should discuss the matter with the Personnel Officer. If the employee is still not satisfied with the Personnel Officer's determination, the employee may utilize the Problem -Solving Procedure. (See Employee Grievances, page 310:1.) (4) Completed time records must be tumed in to the Payroll Clerk no later than 10:00 AM on the Monday following the end of the pay period. In the event of a short week, the Personnel Officer may direct require that time records be tumed in on Friday at the end of a pay period, projecting the last few hours of the pay period. (5) Employees shall record all hours worked from the beginning of the week as regular hours until the employee has worked 40 hours. Overtime and optionally compensatory time entitlements shall then be recorded in the appropriate spaces on the time record beginning with the 41st hour worked. For the purpose of determining overtime or compensatory time entitlements, vacation, sick leave, leave without pay, or holidays not worked do not count toward this 40 hours. If an employee takes vacation, sick leave or compensatory time early in a week and later works beyond his or her normal shift, the vacation, sick leave or compensatory time deduction shall be reduced by a like amount so that the total compensation equals 40 hours pay. (See Hours of Work, page 402:1). (6) Only hours worked will be recorded in the regular hours, compensatory time eamed or overtime spaces. Claims for vacation, sick leave, compensatory time taken and holidays will be recorded in the appropriate spaces on the time record separate from the hours worked. (7) The Personnel Officer will retain individual time records for at least three five years. May 27, 1994 404 Compensation Plan Policy. It is the policy of the City to develop a Compensation Plan which shall include salary ranges for all jobs except salaried, exempt positions. The Compensation Plan shall include an evaluation of each job on a consistent basis to measure and rank the relative worth of each job to the City. (1) A written job description shall be developed and approved for each job. (2) The Personnel Officer is responsible for developing a job evaluation system which shall be applied to all jobs. Each job shall then be evaluated and ranked. A salary range is then to be assigned to each job and provides for a spread from a minimum to a maximum rate. (3) The salary ranges for all jobs will then be consolidated in a document which shall be called the City's "Compensation Plan" This plan shall then be approved by the City Council through adoption of the plan by council resolution. (4) Employee compensation within the salary range for a given job shall be based on such factors as merit, length of service, experience, and individual productivity. (5) The Compensation Plan shall be adjusted annually, as a part of the budget process. The percent of change shall be determined by the change in the Consumer Price Index -All Urban Consumers as reported by the US Bureau of Labor Statistics. The annual adjustment, as a percentage of the preadjustment compensation rate, shall be the same for all employees. The purpose of this adjustment is to preserve the purchasing power of the compensation paid to all employees. The entire Compensation Plan will be advanced equally. May 27, 1994 405 Pay Changes Policy. It is the policy of the City that changes in any employee's salary rate be properly documented and appropriately approved before implementation. (1) A pay change is any action that changes an employee's pay rate, including: (a) Annual cost -of -living adjustments. (See Compensation Plan, page 404) (b) Merit Increases. A merit increase is an increase in an employee's salary that is related to an increase in the employee's worth to the City. Examples include, exemplary performance and conduct, successful completion of a program of training, attainment of a higher certification. The completion of a certain period of service is not sufficient in itself to justify a merit increase. The City does recognize that increased experience together with improved on the job productivity does increase that employee's worth and will approve appropriately documented requests. The following procedures and restrictions apply: (I) Each request for a merit increase will be accompanied by a Performance Appraisal and a written narrative describing the employee's accomplishments. Merit increase shall not be approved if an employee has had a written reprimand, been placed on and completed a period of disciplinary probation or has been suspended within the preceding six months. Disciplinary action of these types shall be deemed pima facie evidence that the employee's performance or conduct is not "meritorious.° (ii) Merit increases will generally be requested during an employee's compensation review. Merit increases may be approved at other times only in conjunction with the completion of a course of training, receipt of level of certification, or the completion of a significant and extraordinary project. (iii) Merit increases are limited to 5% of the employee's salary at the beginning of the fiscal year. If more than one merit increase is granted the total of all such increases shall not exceed 5%. The City Manager may approve exceptions to this policy when circumstances warrant. (iv) No merit increase may be approved if it will cause the department to exceed its budget. Department Heads are responsible to ensure that requests are not forwarded unless the increase will not cause the department to exceed its budget. (b) Promotions. A promotion is the transfer of an employee to a higher job classification. This requires both the employee's qualification at the higher classification and a vacancy. A recommendation for promotion must be accompanied by the same documentation as in (1)(a)(i) above. (See Classification Plan, page 404.) A transfer from one department to another will be considered a promotion. (See Recruitment Policy, page 203 and Promotions, page 603.) May 27, 1994 405 (i) The salary approved upon promotion will be the higher of the lowest salary rate for the job into which promoted or 5% more than the employee's rate before promotion. (ii) Newly promoted employees shall be subject to the Probationary Period described on page 312. (iii) No promotional increase may be approved if it will cause the department to exceed its budget. Department Heads are responsible to ensure that request are not forwarded unless the increase will not cause the department to exceed its budget. (c) Demotion. A demotion is a reduction in salary imposed as a disciplinary measure. The demotion may be accompanied by Probationary status as described in Probationary Period, page 312. After a specified period of satisfactory performance and conduct, the demoted employee may be reinstated at his or her former rate. (See Disciplinary Probation, page 703.) (d) Employees may voluntarily be transferred to jobs with a lower salary range. The City will attempt to accommodate such a transfer without reduction in pay; however, if the highest rate for the new position is lower than the employee's current pay rate, his or her salary will be reduced to the highest rate for the new position. (3) Pay changes will be requested on a Personnel Action Form developed by the Personnel Officer. The request will be signed by the Department Head and approved by the Personnel Officer if consistent with this policy. (4) Pay changes will generally take effect on the first day of the pay period following the date of request. The City Manager may approve back -dated requests when circumstances such as the absence of the Department Head or when needed documentation is not immediately available, warrant. Supervisors and Department Heads are responsible to submit pay changes requests promptly. (5) Nothing in this policy shall be construed to permit a higher or lower pay rate than that specified in the Compensation Plan. May 27, 1994 406 Exempt Employees Policy. It is the policy of the City that Salaried, Exempt Employees work the number of hours required to perform their jobs, that said employees be compensated on the basis of a fixed salary each pay period regardless of the number of hours worked, and that said employees shall have greater flexibility in scheduling their time. (1) Salaried, exempt employees include: City Manager, City Clerk, City Treasurer, City Attorney, Police Chief, Fire Chief, Public Works Director, Golf Course Superintendent and the Recreation Director. Because the incumbents of these positions are frequently required to attend evening meetings and to respond to other requirements outside of normal office hours, they shall have greater flexibility in scheduling their work. They are, however, required to work as necessary to accomplish their missions. Absences during office hours shall be approved by the City Manager. Hourly, exempt employee are recreational and golf course employees for whom the City claims the recreation exemption from the Fair Labor Standards Act. The City policy concerning these employees is set forth in Hours of Work, page 402:1. Salaried, exempt employees shall not be paid overtime, nor will they accrue compensatory time. Their salary amount shall be paid for each full pay period employed and a proporational fraction of the salary amount will be paid for any fractional pay period employed. Compensation for salaried, exempt employees shall be determined by the City Manager with the approval of the City Council. The salary for a period shall be the annual salary divided by 26. Salaried, exempt employees shall not have vacation or sick leave deductions taken for absences of less than one normal work day. May 27, 1994 407 Pay Practices Policy. It is the policy of the City to pay employees by check or direct deposit on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations. (1) Employees will normally be paid on the Friday following the end of a pay period. Employees may, upon written request be paid once a month on the last day of the month. If an employee's regular pay falls on a Saturday, Sunday or holiday, the employee will be paid on the last workday prior to the regular payday. (2) On each payday, employees will receive, in addition to their check or direct deposit advice, a statement showing gross pay, deductions, and net pay. The statement will also include the employee's current vacation, sick leave and compensatory time balance. Employees who discover a mistake on their pay check shall notify the Personnel Officer immediately. Minor errors will be corrected on the employee's next pay check. Significant errors will be corrected through the issuance of a supplemental or replacement check. (4) In the event of the loss or theft of a pay check, the Personnel Officer will attempt to stop payment on the check and issue a new one to the employee. However, the employee is solely responsible for the monetary loss and the City cannot be responsible for the loss or theft of a check if it cannot stop payment on the check. Only deductions that are required by law or to purchase benefits offered by the City shall be authorized. Contributions to social security and the Public Employees Retirement System will be computed and deducted automatically. Deductions for State and Federal income taxes shall be made in accordance with the employee's instructions on IRS Form W-4. Withholding tables are subject to change, consequently, an employee's exact deduction may change due to changes in the tax laws even though the employee's W-4 form is unchanged. Employees are responsible for ensuring that the City has a current W-4 Form. (6) The employee's cost of family health and dental insurance, life insurance and deferred compensation shall be deducted upon receipt of appropriate enrollment forms from the employee. These costs must be collected before payments can be made to the insurance carriers. (3) (5) (7) Deductions imposed due to garnishment or support orders shall be made according to the instructions accompanying those orders. It is City policy that when collection of additional fees for the administrative costs of complying with these orders is permitted by law, the City shall collect those fees from the employee to the maximum extent permitted. May 27, 1994 408 Job Descriptions Policy. It is the policy of the City that a written description of each job be prepared, periodically reviewed and revised as job requirements change. (1) Each position or job shall have a written job description before any employees are hired to fill the position. All employees shall be given a copy of their current job description when they are hired and whenever their job description is revised. (2) All job descriptions will conform, in content and format, with this policy. Job descriptions are an integral part of the implementation of the Americans with Disabilities Act. New and revised job descriptions must be approved by the City Manager before being implemented. (3) All City job descriptions will contain the following: (a) Job Identification which includes the job title, department, supervisor's title, the job title of employees supervised and the date of approval. This section will also include the preparer's signature and the signature of the City Manager. (b) The job summary hich includes a shor s a emen of he job's basic ur ose, i.e. o state why the job exists. (c) The job duties which shall separate essential functions from additional functions. In describing duties it is important to focus on what is to be accomplished, not how it is to be accomplished. Don't assume that there is only one way to do a job. Frequently it is essential that a function be performed, it is not essential that it be performed in a particular way. (i) Essential functions are those that an incumbent must perform for several reasons, among them: 1 The position exists to perform the function listed. 2 The employer has a limited number of employees among whom the function can be distributed. 3 The function is highly specialized. (ii) In organizing essential functions it is important to organize these functions in some logical manner. Some alternatives include: 1 The 'sequence of operations" approach where functions are listed in the order the job is carried out. 2 The °major duty° approach where functions are organized in major job segments or duties. This approach is especially useful when describing supervisory or managerial jobs. May 27, 1994 408 3 The °relative importance" approach where functions are listed in order of their importance. A variation of this approach is to arrange functions in the order of the amount of time spent on each. (iii) Other duties are those that may be required at times but are not essential to the job, i.e. the inability of a specific employee to perform the function would not disqualify him or her for the job. (d) The special skills and qualifications required of the incumbent are listed in the "Qualifications" section. Entries will be made for: (I) Education and experience requirements. (ii) License and certification requirements including those that an employee must have to be considered for employment and those that an employee is expected to attain within a specified period after being hired. (iii) Equipment and vehicle operating skills. (iv) The need for background checks and bonding. (v) Physical requirements which must be stated in unambiguous teprns. The statement "Must be in excellent physical condition and health" is too ambiguous. State specifically what the incumbent is expected to do, i.e. "must be able to lift 40 pounds from the floor and carry it ten feet to a table three feet high° is a clear statement of a physical requirement. (4) Job descriptions shall be reviewed whenever a position becomes vacant, during the employee's annual compensation review (See Salary Administration, page 401:1) and at any other time the job is changed. (5) Job descriptions shall be forwarded to the Personnel Officer for review. The Personnel Officer will forward the job description to the City Manager for approval. May 27, 1994 409 SAMPLE JOB DESCRIPTION FORMAT Job title: Date: Department: Supervisor: JOB SUMMARY (Short statement of the job's basic purpose; why the job exists.) JOB DUTIES Essential duties or functions: Other duties: (The Job Duties section should be a listing of the job's typical duties and responsibilities. This can be a series of statements, each outlining a particular duty and identifying '1.vhar and 'why.' All statements should be related to the work actually performed and should convey some idea of the frequency. Those duties that are 'essential' can be set off under a separate hearing as shown, or they can be labelled in some other way, for example, by using asterisks. This section can also be limited to essential functions only.) QUALIFICATIONS (Educational requirements, certification or licensing standards, special skills, experience and basic knowledge requirements, physical requirements.) May 27, 1994 501 Eligibility for Benefits Policy. It is the policy of the City to offer, as part of full-time, permanent employee compensation certain non- cash benefits and to clearly prescribe the eligibility requirements for these benefits. (1) A °benefit° is something that the City purchases, contributes to or makes available to employees for their own well-being. They are generally thought of as non-cash compensation although many convert to cash at some future time. Benefits may be categorized as obligatory and voluntary. (a) Obligatory benefits are those that the City is required by law to provide or to contribute to. Examples include social security and Worker's Compensation. (b) Voluntary benefits are benefits that the City provides to provide a better working environment and enhance employee well-being. Examples include vacation, sick leave, health and dental insurance and holiday pay. (2) Eligibility for voluntary benefits: (a) The individual must be an employee of the City, receiving wages or salary that are subject to withholding for income tax and social security purposes, and; (b) The employee must regularly work twenty or more hours per week, and; (c) The employee must be hired for a duration of at least five months. (3) Special circumstances: (a) If an employee works a variable schedule, i.e. more than twenty hours one week and less than twenty hours another,the employee shall be deemed eligible if he or she works twenty or more hours in more than half of the weeks involved. (b) If an employee working twenty or more hours per week is hired with the expectation of working less than five months but whose status changes to work more than five months shall be deemed eligible for benefits when it becomes apparent that the employee will work more than five months. (c) If an employee working twenty or more hours per week has his or her hours reduced to less than twenty hours per week that employee shall cease to be elibible for benefits on the first day of the month following the reduction in hours. (4) Nothing in this policy shall be construed to alter the contractual arrangement with health insurance carries or other parties providing benefits. The Public Employee Retirement System is governed by Idaho Law and in the event of contradiction with this policy the statute shall prevail. May 27, 1994 502 Public Employee Retirement System Policy. It is the policy of the City to participate in the Public Employee Retirement System of Idaho as provided in Title 59, Chapter 13, Idaho Code. (1) Employees are eligible for participation if they are hired for a period of five months or more and work twenty or more hours per week. Participation in the plan is a condition of employment for these employees. This means that these employees must participate in the Retirement System or they may not be employed. (a) If an employee works a variable schedule, i.e. more than twenty hours some weeks and less than twenty hours in others, the employee will be deemed eligible if he or she works more than twenty hours in more than half of the weeks involved. (b) If an employee working twenty or more hours per week is hired with the expectation of working less than five months but whose status changes to work more than five months shall be deemed eligible when it becomes apparent that the employee will work more than five months. Employee contributions must be withheld and employer contributions made from that date. Additional adjustments must be made to forward employer and employee contributions from the first date of hire. (2) There are two classes of employee under the retirement system. (a) Class I employees are General Retirement System members that do not meet the definition of class II employees below. (b) Class II employees are firefighters and police officers that meet the definitions contained in Section 59-1303(1)(c), Idaho Code and 59-1302(16) Idaho Code, respectively. (3) The City shall deduct from each eligible employees the following amounts: (a) Class I employees-6.38%of salary (6.97%effective October 1, 1994.) (b) Class II employees -7.82%of salary (8.53% effective October 1, 1994.) (4) The City shall contribute the following amounts to the Retirement System on employees' behalf: (a) Class I employees - 10.63% of salary (11.61% effective October 1, 1994.) (b) Class ll employees - 10.87% of salary (11.85% effective October 1, 1994.) (5) Retirement eligibility and benefits. A complete discussion of retirement eligibility and benefits computations is beyond the scope of this policy but a briefly summarized here. Employees should consult their PERS! brochure for a fuller discussion. (a) Employees become vested after 5 years of creditable service. Vesting means that May 27, 1994 502 upon attaining their retirement age those employees will receive a retirement benefit unless they elect a lump sum separation benefit upon separation. (b) Employees who terminate their employment may elect a lump sum separation benefit equal to their own contributions plus interest. This lump sum payment will be automatically paid to employees who terminate their employment and do not make application for their separation benefit within three years and do not have five years creditable service. (c) The normal retirement age is 65 for Class I employees and 60 for Class II employees. Employees that have both Class I and Class II may retire at an age between 60 and 65 depending on the ratio of Class I and Class II service. (d) Retirement benefits are computed as follows: (i) The average monthly rate of the employee's highest 36 months of service times: (ii) 1.917% for Class I employees and 2.225% for Class II employees retiring after October 1, 1994,times: (iii) The years of creditable service. (e) Under certain conditions, employees may retire early with reduced benefits. (f) The Public Employee Retirement System of Idaho also provides death benefits and disability retirement. (g) Employees contemplating retirement are encouraged to arrange a meeting with Public Employee Retirement System of Idaho representatives and to attend a retirement seminar for a fuller discussion of their benefits. (6) The above information is not a complete discussion of the Public Employee Retirement System. The system is governed by state law and where the above information and the state law do not agree,the state law shall prevail. Additionally,the Retirement System is a product of the State Legislature and some provisions of the system are subject to change. May 27, 1994 503 Social Security and Medicare Policy. It is the policy of the City to withhold social security and medicare taxes from employee wages and to contribute a like amount for employees' benefit. (1) Social Security is old-age pension,survivors and disability insurance. Employee and employer contributions are prescribed by federal law. The amount to be withheld from employee's wages and the amount of the City's contribution are each 6.2%of the employees wages, less salary reductions under the City's Premium Payment Plan (page 512:1) up to$60,600. (2) Medicare is old-age medical insurance. Employer and employee contributions are also prescribed by law. The amount to be withheld from employees wages and the amount of the City's contribution are each 1.45%of the employees gross wages, less any salary reduction under the City's Premium Payment Plan. There is no maximum amount. (3) The Social Security and Medicare withholding and City contributions shall be deposited with West One Bank, Idaho N.A. or another Federal Depository by Wednesday of the week following payday. (4) Social Security and Medicare are obligatory benefits. Neither the employee nor the City may decline to participate. May 27, 1994 504 -- Health and Dental Insurance Policy. It is the policy of the City to purchase group health and dental insurance for eligible employees and to make the same insurance available for employee's family members at the employee's cost. (1) The City's group health plan has been contracted with Blue Cross of Idaho. Employees are eligible for coverage beginning the first day of the month after the employee completes 30 days employment. (a) The plan contains a $200 deductible provision for the employee and each family member. This means that the employee pays the first$200 of covered health care costs. When one family member has reached his or her deductible, the remaining family members' deductibles may be combined so that each family has to pay a maximum of two deductible amounts. (b) The plan also contains a 80/20 co-pay provision. This means that after the deductible is met, Blue Cross will pay 80%of the allowed cost of care. The employee must pay the remaining 20%. If the care provider's charge exceeds the allowed cost, the employee must also pay that difference. (c) The plan contains a $4,000 stop loss provision which means that when Blue Cross has paid $4,000 in benefits in a year, any additional costs that year will be paid at 100%of allowed costs. The employee is obligated to pay only the difference between allowed costs and the provider's charges. (d) The employee has substantial rights to coverage at time of employment that are not available later. This includes enrollment of family members. If family members are not enrolled when the employee is hired,the insurance carrier may decline coverage. (e) Coverage is not automatic, the employee must complete the necessary enrollment application forms. (d) Upon application,the City will pay the premium applicable to the employee. If family coverage is elected,the City will deduct 1/26th of the annual premium from each pay check beginning the month prior to the beginning of coverage. (2) The City's group dental plan is contracted with Delta Dental Plan of Idaho. Eligibility is attained on the first day of the month after the employee completes 90 days of employment. (a) The dental plan has no deductible and contains an 80/20 co-pay provision for preventative treatment and a 50/50 co-pay provision for restorative treatment. This means that the carrier will pay 80% of the allowed costs for preventative treatment and 50% of the allowed cost of restorative treatment. The employee must pay the remaining amount due including the difference between the allowed cost and the actual cost of treatment. (b) The plan limits the frequency of payments for certain treatments. For example, the plan will pay for cleaning twice each year. (c) The maximum benefit for any one person in any year is$1,000. May 27 1994 504 (c) The maximum benefit for any one person in any year is$1,000. (d) Upon application,the City will pay the premium applicable to the employee. The City will deduct 1/26th of the annual premium for family coverage beginning the month prior to the beginning of coverage. (e) Coverage is not automatic, the employee must complete the necessary application forms to be covered. (3) This policy is not intended to be a complete description of the procedures and benefits associate with these plans. Employees should consult the appropriate brochures or consult the City's Insurance agent for a full description of the benefits. (4) The above plans are derived from lengthy contracts with the carriers above. Nothing in this policy shall be deemed to amend the contract provisions and if this policy contradicts the underlying contract,the contract provisions shall prevail. (5) Premiums are subject to change as provided in the contracts. The City reserves the right to change employee deductions for family coverage without notice. (6) The City reserves the right to amend its contractual arrangements with any insurance carrier, change carriers,change the configuration of benefits with respect to deductibles,co-payments, stop-loss provisions and eligibility criteria at any time. (7) Employees who participate in the City of McCall Premium Payment Plan (page 512) have agreed to certain restrictions with regard to enrolling and disenrolling family members. Generally,an employee may not enroll or disenroll family members except at the end of a plan year unless the changes are in conjunction with significant family changes. Refer to page 312:1 for a full discussion of this provision. May 27, 1994 505 Vacation and Sick Leave Policy. It is the policy of the City to provide paid vacation and sick leave to eligible employees. (1) Vacation (also called Annual Leave)is provided for the purpose of rejuvenating both physical and mental faculties and all eligible employees are urged to avail themselves of vacation. (a) Employees shall accrue vacation at the rates indicated below. The City Treasurer shall maintain a record of each employee's vacation balance and report that information on each employee's paycheck. Employees shall accrue vacation as follows: Years Annual Maximum of Vacation Vacation Service Accrual Accrual Less than 1 56 hours 56 hours 1 to 5 80 hours 160 hours 5 to 10 120 hours 240 hours 10 or more 168 hours 336 hours (b) The monthly portion of vacation accrual shall be posted to each employee's vacation account on the first payday of each month except that no employee may accrue more than the°Maximum Vacation Accrual°indicated above. When an employee's account balance reaches the °Maximum Vacation Accrual° indicated above, he or she will accrue no additional vacation until the account is reduced. Vacation not earned due to maximum accrual shall be deemed °lost° and may not be later added to the employee's account. The City Manager may approve exceptions to permit vacation accrual for an additional month. The Department Head must request the exception in writing and must show that the employee submitted at least one written request for vacation within the three months prior to reaching maximum accrual and been denied due to operational requirements. (c) 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 advance notice required. Vacation may be taken only after written approval of the supervisor. (d) Supervisors shall not approve vacation if the employee does not have sufficient vacation accrued for the absence nor if the employee's absence would require the hiring of additional help in order for the department to function. (e) Separating employees shall be paid for all unused vacation. (f) Employees shall earn leave from their first day but normally may not take vacation until they have completed six months employment. ( May 12, 1994 505 (2) Sick Leave is provided to ensure that employees do not suffer financially in the event of temporary illness or non-job related injury or to attend a seriously ill family member. (a) Employees shall accrue sick leave at the rate of eight hours per month up to a total of 720 hours. Employees hired before May 1, 1989 may accrue up to 960 hours of sick leave. (b) Sick leave may be used if the employee is ill, requires medical treatment,for medical and dental appointments and to attend to family members who are ill or injured. For the purposes of this policy, the term "family member" includes only spouse, child, including biological, foster and adopted children, parents including biological, foster or adoptive parents and any person who stood in loco parentis." (c) Sick leave may often be used in circumstances where the Family and Medical Leave Act applies. It is the City's policy that when the conditions specified in the FMLA to consider the absence as being under the FMLA even if the employee does not apply for such an absence under that statute. Consequently,the employee may be required to obtain medical certification for his own or a family member's absence. (d) Sick leave for medical and dental appointments must be approved in advance in the same manner as vacation. In the event of unforeseen illness or injury,the employee must call or otherwise notify his supervisor, in advance if possible, but within two hours after scheduled reporting time in all cases. May 12, 1994 506 Holidays Policy. It is the policy of the City to provide paid holidays to eligible employees. (1) The following are designated as official holidays: (a) New Year's Day (January 1st) (b) Martin Luther King Human Rights Day (c) Presidents Day (d) National Memorial Day (D) Independence Day(July 4th) (f) Labor Day (g) Columbus Day (h) Veterans Day (i) Thanksgiving Day (j) Christmas Day (2) Except when impractical employees will be given holidays off. Full-time,permanent employees as defined in Eligibility for Benefits page 501 11(2)will be paid for the following number of hours based on the number of hours in a normal work week as follows: Normal Wprk Holiday Benefit Week Authorized 37-40 Hours 8 hours pay 33-36 Hours 7 hours pay 28-32 Hours 6 hours pay 23-27 Hours 5 hours pay 20-22 Hours 4 hours pay 0-19 Hours Not Authorized Seasonal and temporary employees will not be paid holiday pay. (3) If a holiday falls on a Saturday, the preceding Friday shall be considered a holiday. If the holiday falls on a Sunday, the following Monday shall be considered a holiday. (4) If employees are required to work on a holiday,they may be compensated in one of two ways: (a) The employees may take another day off with pay. OR; May 27, 1994 506 (b) The employees may be paid for the number of hours worked a their regular rate in addition to the holiday pay. May 27, 1994 507 Family and Medical Leave Policy Policy. The City of McCall (the°City°)has,for a number of years,voluntarily provided liberal vacation and sick leave benefits. The purpose of this document is to incorporate the provisions of the Family and Medical Leave Act (the 'Act')enacted on February 5, 1993 and effective August 5, 1993. Generally, it is City policy that the existing benefits be applied to the requirements of the Act to the maximum extent possible. The purpose of this policy is to: 1. Balance the demands of the workplace with the needs of families, promote stability and economic security for families, and preserve family integrity. 2. Entitle employees to take reasonable leave for medical reasons, for the birth, adoption, or foster care of a child,for the care of a family member who has a serious health condition, or to care for the employee's own serious health condition. 3. Accommodate the legitimate interests of the City. 4. Maintain consistency with the Equal Protection clause of the Fourteenth Amendment,minimize the potential for discrimination based on sex, and promote equal employment opportunity for women and men. Definition of Terms. As used in this policy,the following terms shall have the meaning stated: Parent - Biological parent or an individual who stood in loco parentis. Son,daughter,child-Biological,adopted or foster child,stepchild, legal ward,or a child of a person standing in loco parents who is under the age of 18 years;or who is 18 years of age or older and incapable of self-care because of a mental or physical disability. Spouse-A husband or wife, as the case may be. Health Care Provider - Doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state; or any other person authorized by law to provide health care services, and whose activities with respect to this policy are within the scope of their specialty or practice. The following is a list of professions which have been determined by the Secretary of Labor to meet the definition of health care provider when performing within the scope of their practice: - Podiatrists - Dentists - Clinical psychologists - Optometrists -Chiropractors (for manipulation of spine to correct subluxation) May 27, 1994 507 - Nurse practitioners = Nurse midwives Serious health condition-Illness,injury,impairment or physical or mental condition that involves: (a) inpatient care in a hospital, hospice, or residential medical care facility; or (b) continuing treatment by a health care provider. The Act is not intended to cover short-term conditions for which treatment and recovery are brief, such as illnesses that last only a few days, or surgical procedures that do not involve hospitalization and require only a brief recovery period. To be a serious health condition either the health condition or the treatment for it must require that the employee be absent from work on a recurring basis or for more than a few days for treatment or recovery. This includes injuries or illnesses that are work related. It also involves inpatient care or continuing treatment or supervision by a health care provider. Pregnancy is given as an example of continuing care. Examples of °serious health conditions" include but are not limited to heart attacks, head conditions requiring heart bypass of valve operations,most cancers,back conditions requiring extensive therapy or surgical procedures,strokes,severe respiratory conditions,spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, injuries caused by serious accidents on or off the job,ongoing pregnancy,miscarriages,Complications or illnesses related to pregnancy,such as severe morning sickness,the need for prenatal care, childbirth and recovery from childbirth. Since it appears that the law will be very liberally interpreted with respect to defining a°serious health condition°therefore,the City will generally accept the recommendation of a health care provider but reserves the right to require a second and if deemed necessary,a third opinion. Employee Eligibility. An employee is eligible to take family or medical leave if he or she has worked for the City for at least twelve months and has worked at least 1,250 hours in the twelve months ending on the date leave begins. Benefits Under this Policy. The Act provides for twelve weeks of unpaid leave for any of the following purposes: - Birth of the employee's child -Adoption of a child by the employee - Placement (by the state) of a child with the employee for foster care -Serious health condition of the employee -Serious health condition of the employee's spouse May 27, 1994 507 -Serious health condition of the employee's child -Serious health condition of the employee's parent The°Family° part of the title of the Act refers to time off before,during and/or after the birth, adoption or foster care of a child. The employee must exercise his or her rights within one year of the°event°i.e.the date of birth, adoption or placement of a foster child. Married couples who both work for the City are entitled to twelve weeks under this provision divided between them as they see fit. Twelve weeks are authorized for each year. The City shall use its existing leave policy to the maximum extent possible. Employees requesting leave under the Act shall be required to exhaust all accrued sick leave. If there is not sufficient sick leave accrued,then the employee shall exhaust accrued vacation and compensatory time. For example,assume that an employee requested and was qualified for twelve weeks(480 hours)leave under the Act. Assume also that the employee had 40 hours of sick leave, 80 hour's of vacation and 10 hours of Compensatory time accrued. The employee would first be placed and paid for sick leave until sick leave is exhausted,then at the employee's option,he or she would be placed on vacation or compensatory time. Then, the remaining vacation or compensatory time would be used. Finally, having exhausted all 130 hours of accrued absences,the employee would be placed on unpaid leave for the remain 250 hours. Similarly, receipt of time- lost worker's compensation benefits for more than three days will be applied toward the employee's twelve weeks of eligibility. For the purpose of determining the benefit period,a°year°will begin on the first day leave begins under the Act and end the preceding date one year later. Responsibilities. The City as the Employer. Under the Act the City has the following responsibilities: - To inform employees of their rights under the law - To continue health benefits and seniority through the period of the leave - To require certification from a health care provider - To monitor and periodically recertify during the leave - To require certification by a health care provider upon return to work(when leave is taken due to employee's own condition.) - To suspend disciplinary action and probation for the period of the leave - To recall any employee who fails to recertify or fails to follow treatment regimen - To restore any employee, upon return, to his or her previous position Employee Responsibilities. The employee has the following responsibilities: - To request leave at least 30 days in advance when circumstances are foreseeable and as soon as possible when they are not May 27, 1994 507 - To comply with any treatment regimen specified by the health care provider - To reply to any request for recertification within 15 days - To pay the employee's portion of health insurance premiums benefits to the City monthly - To report employee's status while on leave when requested Procedures Family and Medical Leave may be initiated either by the employee or the City. Employee Initiated If an employee wishes to request leave, he or she must complete an application form similar to that shown in Exhibit A. On that application the employee will state that he or she understands his or her rights and obligations under the act. The application will also have the following documentation attached: - Insurance Premium Recovery Authorization.(Exhibit B) - Certification of health care provider(Exhibit C) City Initiated The Department Head shall initiate Family and Medical Leave on the fourth day that an employee is absent for one of the reasons listed under"Benefits under the Act" above. The Department Head will request a certification from the health care provider. This provision will also be initiated when an employee receives a time-lost injury and receives worker's compensation. Actions and Options upon Initiation When an employee initiated is received, the Department Head will forward the application to the Personnel Officer for review and verification of eligibility. If the employee is eligible, the Department Head must approve the leave. There are, a number of options available to mitigate the operational impact of approval. They are: Second opinion. The Department Head may require a second opinion by a health care provider of his or her choosing subject to the following: -The cost of obtaining the second opinion (above that covered by the Health Insurance Plan) must be borne by the City and will be charged to the department budget. -The health care provider must not be affiliated with the City in any way. Third opinion. If the Department Head is still not satisfied with the second opinion, he or she may request a third opinion subject to the following: -The health care provider must be mutually agreed upon by the employee and the Department Head. -The cost of obtaining the third opinion (above that covered by the Health Insurance Plan) must be borne by the City and will be charged to the department budget. - Both parties are bound by the third opinion. Suggest Alternatives. The Department Head may suggest alternatives such as intermittent leave,a reduced leave schedule or temporary reassignment to mitigate the operation impact of the leave and still meet the employee's needs. May 27, 1994 507 Once the above options have been exercised,the employee is found eligible and the circumstances have been properly certified,the leave must be granted. The following actions are prohibited if taken because an employee requests leave under the act: The employee may not be terminated,nor can the Department Head refuse to reinstate the employee upon completion of leave. The employee must be reinstated to his or her old position or to a position that is equivalent in every tangible way to the old position. -The employee may not be demoted, intimidated, discouraged from or coerced into not taking leave or agreeing to alternative leave schedules, nor may there be any retaliation against the employee. City Imposed Family and Medical Leave. If an eligible employee is absent from work for three consecutive days for one of the reasons listed under°Benefits Under this Policy° above, the Department Head will require that employee obtain the necessary certification from the health care provider for purposes of bringing the absence under the purview of the Family and Medical Leave Act. If the certification so warrants,the absence will be charged against the employee's allowed twelve weeks of leave under the Act beginning with the date of certification. This provision also applies to employees receiving time-lost benefits from the City's Workers Compensation carrier. Required Actions while on Leave. Both the employee and employer must take certain actions while the leave is in progress. Monitor and Recertify. The employee is expected to participate in any required treatment regimen. The Personnel Officer will request recertification of the basis for the leave every thirty days. The employee is required to reply to each request for recertification within fifteen days. It follows that the employee must keep the Department Head informed of his or her whereabouts while on leave to include providing an address and telephone number. Recall. An employee will be recalled when the following occurs: -The health care provider determines that the circumstances for granting the leave no longer exist. -The employee fails to reply to any request for recertification. -The health care provider reports that the employee is not following the prescribed treatment regimen. Disciplinary action may be appropriate in this instance. Actions upon Completion of Leave. When the leave is completed,the employee will return to work. If the reason for the absence was the employee's own serious medical condition,then his or her fitness for duty must be certified by the health care provider. The Personnel Officer will forward the request for recertification,along with a copy of the employee's job description,to the health care provider. If the health care provider certifies that the employee can perform the essential functions of the position, the employee will be reinstated. If the health care provider certifies that the employee cannot perform any of the essential functions of the position, the Department Head will take the necessary steps under the Americans with Disabilities Act. Records and Notices. The Personnel Officer shall initiate and maintain separate Family and Medical Leave records separate and apart from other personnel records of the City. A separate file will be initiated for each employee upon request or imposition of leave. Each file will contain the following information: May 27, 1994 507 - Name, address, and occupation of employee - Rate/terms of pay; daily/weekly hours worked per pay period. - Total compensation; additions and deductions from wages - Dates (or hours) FMLA leave is taken - Requests for leave; records of leave disputes - t✓opies of any employee notices regarding FMLA - Description of benefits and premium payments Notices informing employees of their rights under the Family and Medical Leave Act must be posted prominently at each workplace. Additionally, each employee will be provided a copy of the notice shown in Exhibit D. May 27, 1994 507 Exhibit "A" Confidential City of McCall Request for Family and Medical Leave of Absence Name: Department: Hire Date: Address: Type of Leave Requested Check One: _ Employee Medical Leave of Absence Extension of Employee Medical Leave of Absence Dates of prior approved Medical Leave are: to _ Family Medical Leave of Absence Extension of Family Medical Leave of Absence Dates of prior approved Medical Leave are: to Leave to care for newbom or adopted child or a child placed by the state for foster care The Leave (or extension) requested will begin on and end on . If request is for non-consecutive, multiple days off for recurring medical treatments of a child, parent, or spouse, or for your own medical treatments, specify dates requested: Reason for Leave I request a family leave of absence for the following reason: Check One: My personal serious health condition Birth of my child _ Adoption of a child by me _ Placement (by the state) of a child with me for foster care Serious health condition of my child Serious health condition of my parent _ Serious health condition of my spouse May 27, 1994 507 Employee's Signature and Date May 27, 1994 507 Verification by Personnel Officer Employee is: Eligible under the Family and Medical Leave Act _ Not eligible, has not worked for the City for the required twelve months Not eligible, has not worked 1,250 hours during the last twelve months _ Employee has previously used all twelve weeks available during the current year Employee has previously used part of his or her available twelve weeks and has available until . As of employee has accrued the following vacation/sick leave: hours of sick leave hours of vaca ion hours of compensatory time Signature of Personnel Officer and Date Approval Record Request is: Disapproved --Employee is ineligible Approved. Leave shall be distributed as follows: hours of sick leave ( ) Employee's iritials hours of vacation (_) Employee's initials hours of compensatory time ( ) Employee's initials hours of unpaid leave (_) Employee's initials Signature of Department Head and Date Required Attachments: Certification of health care provider or other competent authority (Adoption/Foster Care) Insurance Premium Recovery Authorization Form May 27, 1994 507 Exhibit "B" Insurance Premium Recovery Authorization Form To: (Department Head) I certify by my signature that I have read and understand the following policy: I acknowledge the City's legal right to recover the cost of any premium paid by it to maintain my coverage in group health benefits during any period of unpaid leave under the following conditions: 1. I fail to retum from leave at the expiration of the leave to which I am entitled; and 2. The reason I fail to retum is not one of the following: A. The continuation, recurrence, or onset of a serious health condition that entitles me to leave to care for a child, parent or spouse with a serious health condition, of if I am unable to perfomi the functions of my position due to my own serious health condition; or, B. Other conditions beyond my control prevent me from retuming. Date: Name (Print) Name (Sign) May 27, 1994 Exhibit "C" 507 Certification of Physician or Practitioner (Family and Medical Leave Act of 1993) U.S. Department of Labor Employment Standards Administration Wage and Hour Division 1. Employee's Name 2. Patient's Name (if other than employee) 3. Diagnosis 4. Date condition commenced 5. Probable duration of condition 6. Regimen of treatment to be prescribed (indicate number of visits, general nature and duration of treatment, including referral to other provider of health services. Include schedule of visits or treatment, if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee's normal schedule of hours per day or days per week.) a. By Physician or Practitioner b. By another provider of health services, if referred by Physician or Practitioner If this certification relates to care for the employee's seriously -III family member, skip Items 7, 8 and 9 and proceed to Items 13 thru 20 on reverse side. Otherwise, continue below. Check Yes or No in the boxes below, as appropriate 7. Is inpatient hospitalization of the employee required? ❑ Yes ❑ No 8. Is employee able to perform work of any kind? (if "No", skip Item 9) ❑ Yes ❑ No 9. Is employee able to perform the functions of employee's position? (Answer after reviewing statement from employer of essential functions of employee's position, or, if none provided, after discussing with employee) ❑ Yes ❑ No 10. Signature of Physician or Practitioner 11. Date 12. Type of Practice (Field of Specialization, if any) Reproduced by AMPJPadgett-Thompson, 1st edition 8/93, printed 10/93, PFV 10-5952A2/555172 Printed in U.S.A. Exhibit "D" 507 Your Rights Under The Family and Medical Leave Act of 1993 FMLA requires covered employers to provide up to 12 weeks of unpaid, job -protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. Reasons For Taking Leave: Unpaid leave must be granted for any of the following reasons: • to care for the employee's child after birth, or placement for adoption or foster care; • to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or • for a serious health condition that makes the employee unable to perform the employee's job. At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave. Advance Notice and Medical Certification: The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met. • The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable." • An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work. Job Benefits and Protection: • For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan." U.S. Department of Labor Employment Standards Administration Wage and Hour Division - - Washington, D.C. 20210 Reproduced by AMA/Padgett-Thompson, 1st edition 8/93, reprinted 10/93, PFV Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. • The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Unlawful Acts By Employers: FMLA makes it unlawful for any employer to: • interfere with, restrain, or deny the exercise of any right provided under FMLA: • discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relat- ing to FMLA. Enforcement: • The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. • An eligible employee may bring a civil action against an employer for violations. FMLA does not affect any Federal or State law pro- hibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. For Additional Information: Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor. 10-5951 A2/555171 507 For certification relating to care for the employee's seriously -III family member, complete items 13 thru 17 below as they apply to the family member and proceed to Item 20. 13. Is inpatient hospitalization of the family member (patient) required? ❑ Yes ❑ No 14. Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation? ❑ Yes ❑ No 15. After review of the employee's signed statement (See item 17 below), is the employee's presence necessary or would it be beneficial for the care of the patient? (This may include psychological comfort.) ❑ Yes ❑ No 16. Estimate the period of time care is needed or the employee's presence would be beneficial. Item 17 Is to be completed by the employee needing family leave 17. When Family Leave is needed to care for a seriously -ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule. 18. Employee Signature 19. Date 20. Signature of Physician or Practitioner 21. Date 22. Type of Practice (Field of Specialization, if any) 508 Educational Leave Policy. it is the policy of the City to provide educational leave to eligible employees when it can be demonstrated that the City will benefit from the course of education and that the employee's absence will not adversely affect City operations. (1) Educational leave is an authorized absence to attend a course of study of a duration not to exceed one year. (a) Leave shall be approved by the City Manager. (b) Leave may be granted with or without pay, depending on the relative benefit to the City and the employee as determined by the City Manager. (c) If leave is granted with pay, the employee may be required to exhaust vacation and compensatory time before receiving regular salary, depending upon the relative benefits to the City and the employee as determined by the City Manager. (d) If leave is granted without pay, the employee will exhaust vacation and compensatory time and then complete his or her educational leave without pay. (2) An employee on educational leave shall not accrue additional vacation or sick leave for the duration of the leave. (3) Notwithstanding (1)(c) & (d) above, educational leave of a duration of 14 days or less shall be with pay and the employee will not be required to use vacation or compensatory time. May 27, 1994 509 Uncompensated Absences Policy. It is the policy of the City to limit employee absences to authorized vacation, sick leave and compensatory time. The City does, however, recognize that there may be circumstances when the granting of absences beyond accrued absences, may be justified. (1) Uncompensated absences are time off work for which the employee receives no compensation. Generally such absences are referred to as Leave without Pay -and may be approved or imposed under the following circumstances: (a) An employee takes time off without prior approval. This type of action may require disciplinary action. If time off does not have prior approval, the employee shall not be paid regardless of vacation, sick leave or compensatory time balances. (b) The employee requires time off in excess of accrued vacation, compensatory time or sick leave if applicable. This type of action shall be approved in advance and shall only be approved in extraordinary circumstances. Repeated requests for Leave without Pay may be considered for disciplinary action. (See Employee Attendance, page 309:1) (2) Unpaid absences under the Family and Medical Leave Act shall be govemed by the policy on page 507:1. May 27, 1994 510 Worker's Compensation Policy. It is the policy of the City to protect its employees from economic losses due to on-the-job injuries and illnesses by purchasing Worker's Compensation insurance. (1) Worker's compensation is intended to protect employees from economic loss due to industrial accidents or illness without the need for expensive and lengthy litigation. Worker's compensation insurance is "no-fault° insurance in that it is not necessary for the employee to prove negligence on the part of the employer in order to receive relief. (2) When an employee is injured or becomes ill through his or her employment the employee must: (a) Seek medical attention. The employee must seek treatment from a health care provider of his or her choice. The health care provider must be informed that the treatment is for an industrical accident. The health care provider should process the claim, not with the City's group insurance carrier, but rather with the State Insurance Fund, the City's Worker's compensation carrier. The employee should not pay any part of the cost of treatment. (b) Complete necessary reports. A °Notice of Injury and Claim for Benefits" from (available from the Personnel Officer) must be filed in order to establish benefits and payments to the Health Care Provider. If the employee is disabled the Personnel Officer shall submit "Employer's Supplemental Report to State Insurance Fund" when required. To facilitate this, the disabled employee must report to the Personnel Officer at the times indicated below. If the employee is unable to make a report, the Department Head shall make the report on the employee's behalf. Reports are to be made: (i) When the employee returns to work regardless of the length of time disabled. (ii) At the end of two weeks disability if disabled for that long. (lii) At the end of two months disability if disabled for that long. (3) The employee's Department Head must review and sign the report and also complete a "Supervisor's Accident Investigation and Report Form" both of which shall be forwarded to the Personnel Officer. The Personnel Officer shall forward the "Notice of Injury..° to the Industrial Commission and the State Insurance. Fund. The °Supervisor's ...° report shall be forwarded to the City Manager for review and corrective action. (4) If the employee loses work time as a result of an injury he or she may be eligible for Worker's Compensation benefits. If so, the employee may choose to recieve those benefits in lieu of paid sick leave from the City. If the employee instead elects to receive paid sick leave he or she shall endorse all Worker's Compensation checks to the City. No employee shall receive Worker's Compensation benefits and be paid by the City at the same time. May 27, 1994 511 Deferred Compensation Policy. It is the policy of the City to provide the opportunity for employees to supplement the Public Employee Retirement System and Social Security with an IRS -Approved Deferred Compensation Plan. (1) Under Section 457 of the Internal Revenue Code, public employees may defer receipt of up to $7,500 or 25% of their compensation until retirement. (a) Ownership of the Deferred amount remains with the City so the employee avoids tax liability for that amount. (b) The City has current established a plan with the International City Managers Association Retirement Corporation. This is the only plan in which the City will participate. (2) The Personnel Office will provide brochures and other explanatory information and a supply of enrollment forms. (3) Upon receipt of a completed enrollment application, the City will complete the City's portion of the form and forward it to ICMA Retirement Corporation and begin deferring (withholding) employee compensation prior to the computation of taxes. (4) The City will assist employees with retirement processing, withdrawals, beneficiary changes and other administrative actions relating to this plan. May 27, 1994 512 City of McCall Premium Payment Plan ARTICLE I. INTRODUCTION 1.1 Establishment of Plan. The City of McCall, (the "Employer"), hereby establishes the City of McCall, Premium Payment Plan (the "Plan"), for its Employees effective May 1, 1993. This Plan is designed to provide a participating Employee the choice to receive certain benefits under the Employer's Health and Dental Plans as well as Term Life Insurance, in lieu of receiving a portion of his Compensation in cash. In effect, the Employee is able to purchase such benefits through this Plan on a pre-tax basis. 1.2 Prior Plans Superseded.. This plan supersedes the "City of McCall, Section 125 Plan," adopted by the Mayor and Council as Resolution 2-89 on March 9, 1989. 1.3 Legal Status. This Plan is intended to qualify as a "cafeteria plan" under section 125 of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations issued thereunder. ARTICLE IL DEFINITIONS AND CONSTRUCTION 2.1 Definitions: "Administrator" means the person or persons designated by the Mayor either by name or be office to administer this plan. "Code" means the Internal Revenue Code of 1986, as amended. "Compensation" means the total Form W-2 cash compensation for Federal Income Tax withholding purpose paid by and employer to an employee for services performed, determined prior to any Salary Reduction election under this Plan, and prior to and salary deferral contributions under Code section 457. "Effective Date" of this Plan means May 1, 1993. "Election Form" means the form provided by the Administrator for the purpose of allowing an eligible Employee to elect, during an Open Enrollment Period or upon first becoming an eligible employee, to participate in this Plan. "Employee Benefit Plan" means the plan or plans the Employer maintains for its Employees (and their spouses and eligible dependents), providing Medical, Dental, Cancer/Critical Care and Term Life Insurance benefits through an insurance policy or policies. The Employer may substitute, add, subtract or revise at any time the menu of such plans and/or benefits, the terms and conditions of any such plans, and any such substitution, addition, subtraction or revisions shall automatically be incorporated by reference under this plan. As of May 1, 1993 the Employee Benefit Plan consists of: (i) a group health plan provided by Blue Shield of Idaho; (ii) a group dental plan provided by Delta Dental Plan of Idaho; (Hi) a term life insurance policy provided by the Public Employee Retirement System of Idaho; and (iv) Cancer/Critical Care Insurance offer by American Family Life Assurance Company. The Employer pays for Employee coverage under the group health May 1, 1993 512 and dental plans ((I) and (ii) above.) The Employee pays for family coverage under the health and dental plans and all coverage for term life and cancer/critical care insurance. The specific coverage selected by the Employee (for the employee, spouse and/or eligible dependents) is consider that Employee's Employee Benefit Plan for the purposes of this Plan. "Employer" means the City of McCall. "Employment Commencement Date" means the first regularly scheduled working day on which the Employee first performs an hour of service for the Employer for compensation. "Open Enrollment Period" with respect to a Plan Year means the month immediately preceding the Plan Year. The "initial Open Enrollment Period" with respect to the initial Plan Year means the month immediately preceding such initial Plan Year. "Participant" means a person who is an Employee and who is participating in the Plan in accordance with the provision of Article III. "Plan" means the City of McCall, Premium Payment Plan as set forth herein and as amended from time to time. "Plan Year" means the twelve month period commencing on each November 1 and ending on October 31 of the following year. The "initial Plan Year" shall be the period May 1, 1993 to October 31, 1993. "Salary Reduction" means the amount by which a Participant's Compensation is reduced and applied to by the Employer under this Plan to cover the Participant's share of the premium for Health and Term Life Insurance Plan Benefits. 2.2 Gender and Number. Except when otherwise indicated by the context, any masculine terminology used herein shall also include the feminine and the definition of any term herein in the singular shall also include the plural. 2.3 Heading. The headings of the various Articles, Sections and Subsections are inserted for convenience of reference and not to be regarded as part of this Plan or as indicating or controlling the meaning or construction of any provision. 2.4 Plan Provision Controlling. In the event the terms or provisions of any summary or description of this Plan, or any other instrument, are in any construction interpreted as being in conflict with the provisions of this Plan as herein set forth, the provisions of this Plan shall be controlling. 2.5 Severability. In the event any provision of this Plan shall be held illegal or invalid_ for any reason, this illegality or invalidity shall not affect the remaining provisions of this Plan, and such remaining provisions shall be fully severable and this Plan shall, to the extent practicable, be construed and enforced as if the illegal or invalid provision had never been inserted therein. 2.6 Code Compliance. It is intended that this Plan meet all applicable requirements of the Code and of all regulations issued thereunder. This Plan shall be construed, operated and administered accordingly, and in the event of any conflict between any part, clause or provision of this Plan and the Code, the provisions of the Code shall be deemed controlling, and any conflicting part, clause or provisions of this Plan shall be deemed superseded to the extent of the conflict. May 1, 1993 512 ARTICLE HL PARTICIPATION 3.1 Eligibility to Participate. An Employee who is participating in the Employee Benefit Plan on the Effective Date will become eligible to participate in this Plan on the Effective Date. Any other Employee is eligible to participate in this Plan when the Employee is eligible to participate in the Employee Benefit Plan. (As of May 1, 1993, an Employee is eligible to participate in most of the Employee Benefit Plan if the Employee .is regularly scheduled to work at least 20 hours per week for a term of at least five months and has been employed by the Employer for at least 30 calendar days after the Employee's Employment Commencement Date.) However, different elements of the Employee Benefits Plan have different eligibility rules. 3.2 Election to Participate; Commencement of Participation. (a) Elections During Open Enrollment Period. During each Open Enrollment Period with respect to a Plan Year, the Administrator shall provide and Election Form to each Employee who is eligible to participate in this Plan. The Election Form shall enable the Employee to elect to participate in this Plan for the Plan Year, to elect the Employee Benefit Plan benefit the employee wants to pay for under this Plan, to authorize the necessary Salary Reductions to pay for the employee's share of the premiums for Employee Benefit Plan benefits. The election form shall be due and returnable to the Administrator on or before the last day of the Open Enrollment Period. If an eligible Employee elects to participate in an Open Enrollment Period, the employee becomes a Participant on the first day of the applicable Plan Year. (b) Elections by Newly Hired Employees. Newly hired Employees who commence employment with the Employer during a Plan Year, and are eligible to participate pursuant to Section 3.1, shall be provided with an Election Form by the Administrator, containing information like that in 3.2(a). The Election Form shall be returnable to the Administrator within 10 working days. If an eligible Employee elects to participate, the Employee becomes a Participant in this Plan on the first day the Employee becomes a participant in the Employee Benefits Plan. An election procedure similar to the one for newly hired Employee who, during a plan year, first becomes eligible to participate by satisfying the eligibility requirements of section 3.1. (c) Eligible Employee Who Fails to file an Election Form. If an Employee who is eligible to participate in this Plan fails to file (or fails to timely file) an Election Form, that employee may not elect to participate in this Plan until the next Open Enrollment Period. 3.3 earlier of: Termination of Participation. A Participant will cease to be a Participant in this Plan upon the (a) the expiration of the Plan Year for which the employee has elected to participate (unless during the Open Enrollment Period for the next Plan Year the employee elects to continue participating); or (b) the termination of this Plan; or (c) the date on which the employee ceases (because of termination of employment, layoff, reduction in hours, or any other reason) to be an Employee eligible to participate under Section 3.1. Termination of a Participant's participation does not automatically terminate participation in the Employee Benefit Plan. Premiums will be deducted from the Employee's after-tax salary until the Employee completes the necessary termination document specified by the Insurance Carrier. May 1, 1993 512 3.4 Participation Following Termination. After termination of participation under Section 3.3, an Employee's subsequent participation shall occur at the time and in the manner set forth in Section 3.1 as if such Employee were a new Employee of the Employer. However, if an Employee becomes eligible to participate in this Plan during the same Plan Year in which his participation ceased, he may not resume participation prior to the first day of the following Plan Year. 3.5 Special Rule Involving Certain Family Status Changes. Notwithstanding Section 3.3 and 3.4, a Participant's participation will not terminate, and the Participant may suspend and then restore his or her Salary Reductions in the same Plan Year if the Participant meets all of the following three conditions: (a) the Participant has taken an unpaid leave of absence from the Employer or has changed from full-time to part-time employment with the Employer; and (b) the Participant elects under section 4.4(a) to reduce his or her Salary Reduction to $0; and (c) upon return to employment after a leave of absence or return to full-time from part-time employment, the Participant re-elects under Section 4.4(a) to increase his or her Salary Reduction to the level that existed immediately before it was reduced to $0 (or to some greater or lesser level if on account of and consistent with a different change in family status). ARTICLE IV. BENEFITS AND ELECTIONS 4.1 Benefits. • An Employee's election to participate in this Plan is an election to receive Employee Benefit Plan benefits under this Plan and to have a portion of the Employee's Compensation (the Employee's Salary Reduction) applied by the Employer to cover the Participant's share of the premium for Health Insurance Plan benefits the employee elects. Employees and covered family members must meet all eligibility criteria in the City's contract with the various insurance carriers. This Plan shall in no way be construed as being binding upon the carrier(s) to provide coverage to an otherwise ineligible Employee or Family member. Consequently and so far as is consistent with the provisions of the various Health and Life Insurance Plans an employee may elect: (a) To provide no coverage for his otherwise eligible family members. Generally carrier(s) apply much more stringent standards for applications that are made more than 30 days after Employment Commencement Date and may deny coverage based on medical history. Similarly, the Employee may elect to provide not coverage under the term life and cancer/critical care arrangements.. . (b) To provide coverage under the Employee Benefit Plan for the Employee or family and elect not to participate in this Plan. In the instance, premiums shall be paid through normal payroll deduction from after-tax compensation. (c) To provide coverage under the Employee Benefits Plan for the Employee and family and to participate in this Plan by having the Employee's salary reduced by an amount equal to the Employee's contribution for the premiums. That amount will be applied by the City to cover the cost. In effect, the Employee pays for the benefit with pre-tax dollars. 4.2 Contributions. The Participant's share (as determined by the Employer) of the premiums for the Employee Benefit Plan benefits he elects will be financed by Salary Reductions. Salary Reductions are applied by the Employer to pay for the Participant's share of the premium, and, for the purposes of this Plan, are considered Employee contributions. The Employer's share of the premium will be paid by the Employer outside of this Plan. May 1, 1993 512 4.3 Benefits Provided under the Employee Benefit Plan. While the election to receive Employee Benefit Plan benefits may be made under this Plan, the benefits will be provided not by this Plan but by the Employee Benefits. Plan. The types and amounts of benefits available under the Employee Benefit Plan, the requirements for participating in the Employee Benefit Plan, the requirements for participating in the Employee Benefit Plan, and the other terms and conditions of coverage and benefits of the Employee Benefit Plan are set forth from time to time in the Employee Benefit Plan. All claims to receive benefits under the Employee Benefit Plan shall be subject to and govemed by the terms and conditions of the Employee Benefit Plan and the rules, regulations, policies and procedures from time to time adopted in accordance therewith. 4.4 Irrevocability of Election. Except as provided in this Section, a Participant's election under this Plan is irrevocable for the duration of the Plan Year to which it relates. That is, except as providedherein, for the duration of the Plan Year the Participant may not change participation in this Plan, election of Health Plan benefits or Salary Reduction amounts. (a) Changes in Family Status. A Participant may revoke a benefit election during the Plan Year, and make a new. election for the remaining portion of the Plan Year election as of the first day of the month following the new election, if the revocation and new election are both on account of and consistent with a change in family status. Examples of a change in family status include: (1) marriage or divorce of the Participant; (2) the death of the Participant's spouse or other dependent; (3) the birth or adoption of a child of the Participant; (4) the termination of employment (or commencement of employment) of the Participant's spouse; (5) the switching from part-time to full-time employment status or from full --time to part-time status by the Participant or the Participant's spouse; (6) the taking of (or return to employment from) an unpaid leave of absence by the Participant or spouse; or (7) where there has been a significant change in the health coverage of the Participant or spouse attributable to the spouse's employment. Any right to revoke coverage and make a new election is subject to, and may be limited by, the Health Insurance Plan. (b) Significant Changes to Employee Benefit Plan. to the extent permitted by the Employee Benefit Plan elected, by the Participant, the. Participant may revoke his Employee Benefit Plan coverage during a Plan Year and, in lieu therefore, elect any other Employee Benefit Plan. coverage available through the Employer for the remaining portion of the Plan Year, effective as of the first day of the month following the new election, if the revocation and new election are on account of a significant. increase in the premium for his original coverage or if such original coverage is significantly curtailed or ceases. 4.5 Election Modifications Required by Administrator. The Administrator may, at any time, require any Participant or class of Participants to ,amend the amount of their Salary Reduction for a Plan Year if May 1, 1993 512 the Administrator determines such action is necessary or advisable to (I) satisfy any Code nondiscrimination requirements applicable to this Plan, or the Employee Benefit Plan; (ii) prevent any Employee or class of Employees from having to recognize more income for federal income tax purposes from the receipt of Health Insurance Plan benefits hereunder than would otherwise be recognized; or (iii) maintain the qualified status of benefits received under this Plan. 4.6 ' Maximum Salary Reduction Amounts. The maximum Salary Reduction amount (expressed in terms of dollars) available to any Participant for any Plan Year shall be the Participant's share of the premium for his Employee Benefit Plan benefits. ARTICLE V. ADMINISTRATION OF THE PLAN 5.1 Plan Administrator. The administration of this Plan shall be under the supervisor of the . Administrator to see that this plan is carried out in accordance with its terms, for the exclusive benefit of persons entitled to participate in this Plan without discrimination among them. 5.2 Powers of the Administrator. The Administrator shall have such duties and powers as it considers necessary or appropriate to discharge its dudes hereunder, including, but not limited to, the following discretionary. authority: (a) To construe and interpret this Plan and to decide all questions of eligibility and participation; (b) To prescribe the procedures to be followed and the forms to be used by Employees and Participants to make Salary Reductions and benefit elections pursuant to this Plan; (c) To prepare and distribute information explaining this Plan and the benefits under this . Plan in such a manner as the Administrator determines to be appropriate; (d) To requestand receive from all 'Employees and Participants such information as the Administrator shall from time to time determine to be necessary for the proper administration of this Plan; (e) To prepare and keep on file such reports and information concerning the benefits covered by this Plan as the Administrator determines from time to time to be necessary and proper; (f) To designate an individual or individuals to sign documents for the purposes - of administering this Plan; and (g) To maintain the books of accounts, records, and other date in the manner necessary for proper administration of this Plan and to 'meet any applicable disclosure and reporting requirements. The Administrator shall have no power to alter the terms of this Plan or to waive or fail to apply any requirements governing eligibility or participation. ARTICLE VL GENERAL PROVISIONS 6.1 Expenses. All administrative costs shall be borne by the Employer. 6.2 Funding. All of the amounts payable under this Plan shall be paid from the general assets of the Employer. May 1, 1993 512 6.3 No Contract of Employment. Nothing herein contained is intended to be or shall be construed as constituting a contract or other arrangement between Employee and the Employer to the effect that the Employee will be employed for any specific period of time. All Employees, except those City Officers designated in Title I of the McCall City Code are considered to be employed at the will of the Employer. City Officers may be removed in the manner prescribed in Title 50, Idaho Code. 6.4 Amendment and Termination. This Plan has been established with the intent of being maintained for an indefinite period of time. Nonetheless, the Employer may amend or terminate this Plan at any time by action of the Mayor and City Council. 6.5 Governing Law. This Plan shall be construed, administered and enforced according to the laws of the State of Idaho, to the extent not superseded by the Code or other federal law. 6.6 No Guarantee of Tag Consequences. Neither the Administrator nor the Employer makes any commitment or guarantee that the Participant's Health Insurance Plan benefits will be excludable from the Participant's gross income for federal or state income tax purposes. May 1, 1993 513 C.A.R.E. Counseling, Assistance and Resources for Employees (An Employee Assistance Program for the City of McCall) 1. Policy. The City of McCall will assist employees in seeking resources to address personal or behavioral problems that have, or could adversely affect job performance. The City will ensure that: Employees with personal, emotional or behavioral problems affecting job performance will receive the same consideration and assistance as extended to employees with other recognized medical illnesses. Employees may be referred to CARE by supenrisors or may independently seek assistance without supervisory referral. Employees have the right to request, accept, or refuse help, but their job performance must be brought back to acceptable standards or they may be subject to corrective and/or disciplinary actions for unsatisfactory performance. An employee's request for counseling or treatment will not serve as basis for denial of promotional opportunities or for the termination of employment. Employees seeking assistance are assured that all services will be provided in compliance with strict principles of confidentiality. 2. Objectives. Provide assessment, short-term counseling and referral assistance to employees with personal or behavioral problems so that satisfactory job performance may be restored and/or maintained. Educate supervisors to recognize, document and respond to personal or behavioral problems that cause deteriorating job performance. 3. Scope. This program is available to all departments and employees regardless of organizational status. It is intended to supplement, but not replace, existing personnel procedures. 4. Definitions. Personal or Behavioral Problem: A problem that cause and attitude or behavior change resulting in deteriorating job performance. Deteriorating Job Performance: Employee performance that has been satisfactory over a period of time, but gradually or abruptly begins to decline. 5. Responsibilities. City Manager: Responsible for program development, implementation and review consistent with other personnel management functions. Department Heads: Responsible for guidance of program in each department and ensuring that all supervisory personnel are aware of and trained in their responsibilities under this Program. Personnel Officer. Conducts the CARE Services Program. Provides supervisor and employee orientation, and training and May 27, 1994 1 513 education. Confers with employees, supervisors and others to become acquainted with an employee's personal and work history and immediate needs and concerns. Offers advice to supervisors regarding and employee's personal or behavioral problem. Counsels with employees to identify and coordinate the provision of appropriate assistance. Establishes liaison relationships with community education, treatment and rehabilitation services. Initiates follow- up with community resources, employees, and supervisors to monitor the treatment provided and to ensure the continued resolution of problems and concerns. Evaluates the Program and documents its impact and effectiveness. Supervisors: Consult, when indicated, with the CARE Services Coordinator (Personnel Officer) regarding alternative responses when an employee is having personnel problems that have, or may, adversely affect job performance. Inform the employee of available counseling services when poor performance may be caused by a personal problem. Offer the employee a firm choice between accepting assistance and cooperating in treatment, if it is necessary, or expecting the consequences of disciplinary action if the unsatisfactory performance is not corrected. Maintain contact with CARE Services, when an employee seeks assistance upon the supervisor's referral, to ensure the coordination of assistance with the on -going evaluation of employee progress in meeting performance standards. 6. Procedures. To request assistance an employee, supervisor, co-worker or family member may telephone or visit the CARE Services Coordinator (Personnel Officer). Employees requiring in -patient or out -patient treatment are responsible for all costs associated with the services. Employees should review their group health insurance brochure or speak with the City's insurance agent to determine what is covered. 7. Records. General supervisory documentation of employees job performance and actions taken to motivate correction of job deficiencies should be maintained. Official personnel records will not include information concerning an employee's personal or behavioral problem except as they apply to specific charges leading to disciplinary actions. Information regarding employee activity in the Program will be maintained in a strictly confidential manner. May 27, 1994 514 Continuation of Health Benefits (COBRA) Policy. It is the policy of the City that terminating employees be promptly and thoroughly informed of their rights to continue health benefits as a part of the City's group plans. (1) Under the provisions of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly referred to as COBRA, terminating employees may, at their own expense, continue their health and dental benefits for a period of 18 months after termination. (a) The employee must apply for continuation of benefits within 60 days of termination. (b) The employee must not have been terminated for misconduct. (c) The employee must continue benefits as they exist at termination. That is an employee may not enroll in benefits for which he or she was not enrolled at termination nor may family members be added or removed from coverage. For the purposes of this determination, health benefits and dental benefits are separate. The employee may continue health benefits as they exist at separation and not continue dental 'benefits or vice versa. (2) Premiums are due to the City on the first day of each month of coverage. If payment is not received within thirty days of the due date the former employee will be considered to have abandoned his or her rights under this program and will not longer be able to continue these benefits. (a) Employees will be informed that they are responsible to remit payments when due and that the absence of a statement will not relieve then of this responsibility. (b) Premium rates cited at termination are subject to charige as they City renews, replace or amends its coverage. Any change that affects in-service employees similarly affects former employees under this program. (3) Once health or dental benefits are continued, they will continue until: (a) Eighteen months after the date of termination. (This is extended to 29 months if the former employee is disabled at termination. (b) The City ceases to provide any group health insurance to any employee. (c) Thir y days of er he due da a of any un aid mon hly remium. (d) The former employee becomes entitled to Medicare. (e) The former employee becomes covered by another group health plan. (4) Employees will be informed of their rights in detail at their exit interview. (See Termination of Employment, page 313) May 27, 1994 515:1 Other Benefits 1. Direct Deposit. Full-time, permanent employees may elect to have their net pay deposited in their bank account. (a) Employee must make their request in writing and include a copy of a deposit slip for the account into which their pay is to be deposited. (b) Banking regula ion require ha a leas one es ($O) ransfer be accom lished before any funds can be transferred. Therefore, the first direct deposit will be a least one (and possibly two) pay periods after the request is made to the City Treasurer. 2. Credit Union. Employees who are members of the Idaho Central Public Employees Credit Union may make loan payments or deposits to the Credit Union through payroll deduction. Employees should contact the credit union directly and obtain the necessary authorization forms. 3. Lite Insurance. A term life insurance policy is available to City employees through the National Conference on Public Employee Retirement Systems. (a) Enrollment must be accomplished within thirty days of hire or during the open enrollment period (September 1 through December 31 each year). (b) A proportional amount of the monthly premium is deducted from the employee's pay each pay period. 4. Cancer/Critical Care Insurance. The City has arranged with American Family Life Insurance Company to make available a Cancer or Critical Care Insurance policy. This insurance supplements the City's group plan. Employees shall make their own arrangements with this company to participate. 5. Funeral Leave. Funeral leave of three working days, not charged to the employee's vacation, sick leave or compensatory time accounts may be granted with pay for absence from duty in the event of a death in the immediate. family. Immediate family include only spouse, child, parent, parent -in-law, sibling, or any relative who is domiciled in the employee's household. May 27, 1994 601 Employee Development Policy. It is the policy of the City to identify and groom capable employees to fill new and bigger jobs. 1. Successful employers have realized that careers do not just happen. They are affected by both personal factors, such as abilities, preferences, and motivation, and environment factors such as appropriate training and opportunities for advancement. Consequently there are significant advantages to both the employer and the employee by creating a climate in which careers will flourish. 2. Career development programs require the employee and his or her supervisor to act closely and in concert. (a) Preparation. Acting independently, both counselor (usually the employee's immediate supervisor) should assess potential career options based on: (i) Actual job opportunties with the City. (ii) Performance history and performance in current position. (iii) Job skills. (iv) Education and Training. (v) Personal attributes, such as good organizational skills, ability to handle deadlines, or willingness to work with people. (vi) Career interests and goals. (b) Comparison. Together, counselor and employee compare their assessments and reach agreement on career options. (c) Planning. Counselor and employee establish a plan choice. The plan should include: (i) Skills to be acquired. (ii) Education and training required. (iii) Intermediate positions that must be held before the employee can reach his or her career goal. (iv) Approximate timetable. (d) Action. The employee and employer take appropriate action to further the employee's career objective. This might include: 0) Enrollment in in-house or external training programs, seminars, or educational institutions. May 27, 1994 (ii) Job rotation. : (iii) Assuming new or additional responsibilities in his or her current position. (e) Monitoring and reporting. Counselor meets with employee periodically to monitor progress and modify career path as appropriate. The employee's career plan is recorded in his or her personal file and updated as appropriate. The employee's progress will also be recorded on his or her annual performance appraisal. 3. Life -stage Career Problems. (a) Young, first-time employees or employees with limited work experience are especially prone to the problems of handling the duties and responsiblities of their jobs. There are a number of things that can be done to help young employees get started on a successful career. (i) Where possible, provide the young employee with a mentor. Many older employees would welcome the opportunity to share their experience and expertise with a young person just beginning his career. (ii) Set realistic expectations for the young employee. Don't expect too much too soon. (iii) Provide ffegUent feedback concerning job performance. Be sure to correct bad habits quickly and provide positive reinforcement for desired behaviors in a timely manner. (b) Mid -career plateaus occur when the likelihood of additional promotion becomes slim because there are simply fewer jobs at the top of the organization. In some circumstandes the mid - career employee may be fully qualified to perform at a higher level but cannot be promoted because there are no vacancies. These employees can be motivated by becoming trainers and mentors for younger employees. May 27, 1994 601 Career Development Plan Name Position Department Supervisor Date Plan Preparer 1. Please specify what work assignments/experience are needed for development. 2. What assistance should be provided by the employee's immediate supervisor? 3. What educational activities would be needed --please specify training programs, counselors, or seminars. May 27, 1994 602 Training Policy. It is the policy of the City to establish programs of training for the purposes of improving the quality of services rendered and to aid employees in qualifying themselves for advancement in City service. 1. Most training will be conducted on the job. This is usually the best way for an employee to team his or her job. This is particularly of new entry-level employees. Where practical, supervisors should develop written on-the-job training programs that give employees exposure to the entire breadth of their jobs, in a logical sequence. The employee should be given prompt feedback at each stage in order to correct substandard performance and to reward proper behavior. 2. In many cases in-service training outside the organization must be conducted at seminars and other classes conducted by other agencies. Supervisors will schedule such training so as to minimize its effect on City operations. 3. Continuing Education Requirements. Some employees require certain certifications or licenses as a requiement for their positions. Many of these have requirements for continuing education to keep these licenses valid. The scheduling and funding of continuing education for this purpose shall have precedence over other in-service training requirements. 4. College or Graduate Level Education. All City jobs that require degrees have these requirement as a qualification for hiring. Therefore, candidates for these jobs should have the degree before being hired and there should be little requirement to fund college level courses except as outlined below: (a) Course which relate directly to the employee's position may be approved in the same manner as in-service training. (b) If an attempt to recruit for a position requiring a degree fails to identify any qualified candidates, the City Manager may approve the attendance of a unqualified candidate at College -level courses as a degree -seeking candidate (to include course not directly related to the position) subject to the following restrictions: (i) The course must be a degree requirement. (ii) The course must be taught locally. (But see Educational Leave, page 507:1) (iii) The cost of the course must not cause the Department to exceed its training budget. (iv) The employee must execute a written agreement to remain employed by the City for one year for each 30 semester hours funded or to repay the City for the full cost of all courses attended. (v) If the employee fails any course, he or she will be denied funding for any further courses. (vi) The above also apply to an employee serving in a position that has been revised to require a degree. 5. Employee expenses shall be paid or reimbursed as outlined below. (See Reimbursement of Employee May 27, 1994 1 602 Expenses, Chapter 8,) (a) Tuition and Books shall be paid in full. Generally such purchases will be made directly by the City rather than reimbursed. (b) Travel at the standard mileage rate or reimbursement for public transportation costs. (c) Lodging except when attending College -level courses out of town or any courses attended while on educational leave. (d) Meals as set forth in Chapter 8. May 27, 1994 603 Promotions Policy. It is the policy of the City to hire employees for entry level positions, to provide training and development for employees when deemed necessary, and to offer 'employees promotions to higher level positions when deemed appropriate. To fill vacancies above the entry level, the City prefers to promote from within and will first consider current employees with the necessary qualifications and skills, unless outside recruitment is deemed to be in the Company's best interest. 1. A promotion is a reassignment to another position that has a higher salary range than the employees current position. Such an action may take place within or outside the employee's Department. The initial salary will be the greater of the lowest salary for the new position or five percent more than the employee's current salary. Certain restrictions apply --see Pay Changes, page 405:1. 2. All employees are encouraged to seek advancement opportunities and to obtain promotion and career guidance from their supervisor, department head, and/or the Personnel Officer. 3. An employee's eligibility for promotion will be determined by the requirements of the new job. In addition, the employee must have completed his or her probationary period in the current position, must have performed satisfactorily and have not been reprimanded, suspended nor been on disciplinary probation within the preceding six months. 4. Job Openings and promotion opportunities will be posted on the bulletin board in City Hall and optionally at other locations on City property. 5. Promoted employees will be placed on probationary status for a period of at least six months. During this period the provisions outline in Probationary Period, page 312:1 will apply including the opportunity for an addition five percent salary increase upon success completion of probation. If a promoted employee is unable to perform satisfactorily, he or she may be returned to the original position if a vacancy exists or may be terminated. May 27, 1994 701 Employee Discipline Policy. It is the policy of the City that all employees are expected to comply with the City's standards of behavior and performance and than any noncompliance with these standards must be remedied. 1 Listed below are some of the reasons which might be cause for disciplinary action, but disciplinary action is not limited to the offenses listed: (a) Being convicted of a crime that reflects on the employee's trustworthiness or potential for disruption of the workplace. Examples include but are not limited to: theft, embezzlement, crimes involving the possession, use, or distribution of illegal drugs (See Drug Free Workplace Policy, page 107) or crimes involving the use of firearms and other weapons. (b) Excessive lost time. (c) Being absent without leave. (d) Excessive tardiness or abuse of sick leave. (e) Inefficiency. (f) Willfully giving false statements to supervisors, officials, the public or boards. (g) Abuse of property or negligence. (h) Violation of ordinances, administrative regulations, policies or department rules. (i) The consumption or possession of alcoholic beverages or illegal drugs while on duty. (Except Police Officer's possession of illegal drugs or alcoholic beverages in the course of their law enforcement duties.) While off duty: (1) The possession or use of illegal drugs at any time; and (2) The possession or consumption of alcohol on City property at any time, except where the possession and consumption of alcohol by the general public is permitted. (i) Discovery of a false statement in an employment application which had not been detected during the selection process. (k) Acceptance of gratuities in conflict with the Code of Employer -Employee Relations, page 104:1. (1) Refusal to be -examined by a designated, fully licensed physician when so directed. (m) Political activity in conflict with Political Activity, page 307. (n) Insubordination (refusal to obey reasonable orders), insolence, belligerence, etc. (o) Fighting or creating a disturbance among fellow employees or others. May 27, 1994 701 (p) Sleeping or gambling on duty. (q) Refusal to testify in a properly authorized inquiry or investigation except where such refusal is based upon the grounds of self-incrimination. (Witnesses shall be assured freedom from restraint, discrimination, or reprisal in presenting their testimony.) (r) Disregard of safety procedures or willful endangerment of other persons. (s) Other behavior either during or outside of duty hours which is of such nature that it brings discredit upon the City or public employment. 2. It is the City's policy to provide supervisors maximum flexibility in dealing with disciplinary problems by not specifying what disciplinary action is to be imposed for each offense. Supervisors must consider the severity of the offense, past performance and mitigating circumstances when deciding whether or not to impose disciplinary action and the action to be imposed. However any action that results in lost pay or employment for an employee must be reviewed by the City Manager before- being imposed. 3. All disciplinary action must be documented and forwarded to the Personnel Officer for filing in the Official Personnel File. See Adverse or Derogatory Information, page 304:1 for the steps to be followed. When circumstances require subsequent disciplinary action, no action that is not recorded in the employee's Official Personnel File may be considered. 4. The following is a list, in order of severity, of disciplinary actions that may be taken: (a) Oral Reprimand. (b) Written Reprimand. (c) Probation without demotion. (d) Probation with demotion (reduction in pay.) (e) Suspension with pay. (f) Suspension without pay, use of accrued vacation authorized. (g) Suspension without pay, use of accrued vacation not authorized. (i) Discharge. 5. Any employee may appeal disciplinary action by using the grievance procedure. (See Employee Grievances, page 310). Supervisors must inform employees of this right When taking any disciplinary action. May 27, 1994 702 Reprimands Policy. It is the policy of the City to use reprimands to correct first-time minor offenses before they deteriorate to the point that more severe actions are necessary. 1. A reprimand is an oral or written statement to the employee that his or her performance or behavior is unsatisfactory and to inform the employee what is expected. Reprimands are different from routine corrections to an employee while he or she is learning the job. In other words the employee should know what is expected but has not performed satisfactorily. It gives the employee the benefit of the doubt that the employee simply does not know better. 2. An oral reprimand is considered the less severe measure since it is not filed in the employee's Official Personnel File. The supervisor may wish to make a memorandum of the reprimand to be used in the employee's next performance appraisal, after which the memorandum will be destroyed. 3. A written reprimand is intended for file in the Official Personnel File and may be considered for subsequent disciplinary action. As this action is an adverse action, it must be referred to the employee for rebuttal or submission of mitigating information. (Follow the procedures in Adverse or Derogatory' Information, page 304) 4. Whether a reprimand is written or oral it must: (a) Describe the standards of performance or conduct that are expected. (b) In what regard the employee's performance or behavior is unsatisfactory. (c) Describe what the employee must do to meet acceptable standards. (d) Specify a period of time in which the employee must improve his or her performance to acceptable standards. (e) Describe the subsequent actions that may be taken if the employee fails to improve his or her performance to an acceptable level in the specified time. May 27, 1994 703 Disciplinary Probation Policy. It is the policy of the City to employ disciplinary probation as a means of correcting unacceptable performance or behavior. 1. Disciplinary probation is a more severe form of discipline and should be employed when reprimands have failed to correct the behavior or when a pattern of a more serious nature has occurred. Probation may be imposed along with a temporary reduction in pay (demotion) of not more than five percent of the employee's current rate of pay. (a) With disciplinary probation, an employee is given formal notice that performance is unacceptable and that unless the performance is corrected immediately and maintained for the period of the probationary period, the employee will be terminated. (b) The period of disciplinary probation shall not exceed three months. At the end of the probationary period, the employee's performance during the probationary period will be evaluated. (i) If the employee's performance or behavior has returned to and maintained at an acceptable standard, the employee will be restored to regular status and his or her salary rate will be retumed to the rate the employee was paid at the beginning of the probationary period. (ii) If the employee's performance has not been satisfactory, the employee will be discharged. If the supervisor does not see any improvement in performance he or she may discharge the employee, subject to the restrictions contained in this manual, without waiting for the end of the probationary period. 2. All notices regarding disciplinary probation will be in writing and since this is adverse information, the supervisor imposing the probation must comply with Adverse or Derogatory Information, page 304:1. 3. If demotion is imposed along with probation, the supervisor must provide written notice to the employee as follows: (a) A notice of intent to take the disciplinary action. (b) A notice of the information being considered in taking the action and the opportunity to rebut the information or to submit other matters in mitigation. (c) A notice of the opportunity for a hearing using the Grievance Procedure, page 310:1. 4. The employee shall not be eligible for a merit increase at the conclusion of disciplinary probation as in Probationary Period, page 312:1. If demoted, the employee's original rate of pay may, at the supervisor's discretion, be restored. May 27, 1994 704 Suspensions Policy. It is the policy of the City to suspend employee's as a disciplinary measure for single offenses of such severity that reprimands or probation are not appropriate. 1. Suspension with pay is not in itself a disciplinary action and should be imposed whenever an offense is alleged but not yet proven and it is in the best interest of the City to remove the employee from the workplace while the matter is being investigated. For example, if an allegation of sexual harassment is made against an employee, it might be best to suspend that employee while the matter is being investigated. Such suspensions shall not exceed three working days. 2. Suspension without pay is imposed when an employee commits an offense that is so severe that reprimands and probation are inappropriate. This suspension shall be for at least one but not more than three days. The imposing supervisor may, solely at his or her own option permit the employee to use accrued compensatory time or vacation to offset the loss of pay associated with the suspension. If this option is elected, the employee may be paid compensatory time or vacation, not to exceed the lesser of the total accrued vacation or compensatory time or the total period of the suspension. 3. Suspension shall be imposed in writing and shall include the following notices: (a) A notice of the intent to impose the suspension. (b) A notice of the information being considered in imposing the suspension and the opportunity to rebut the information or to submit matters in mitigation or extenuation. (c) A notice of the opportunity for a hearing using the Grievance Procedure page 310. 4. The above notices and employee responses shall be forwarded to the City Manager for review prior to the imposition of the suspension. When imposed all notices, employee responses and the information considered in imposing the suspension will be forwarded to the Personnel Officer for filing in the employee's Official Personnel File. May 27, 1994 705 Discharge Policy. It is the policy of the City to discharge employees as a disciplinary measure as the last resort when less stringent measures have failed to improve performance or for an offense that is so severe as to cause significant public relations or morale problems if the offending employee is retained. 1. The City recognizes that discharge represents the loss of a significant investment in training and experience and as such, discharge shall be imposed only when all other measures have been exhausted or when such measures are not in the best interest of the City. 2. Before discharging an employee, the supervisor will carefully consider all relevant facts including past performance and disciplinary actions. 3. ublic em loyees have a ves ed, ro er y in eres in con inued em loymen . The em loyee canno be deprived of that interest without "due process." The following procedures will insure that the "due process" requirement is fulfilled: (a) The imposing supervisor must provide the employee with written notice of the supervisor's intent to discharge him or her. (b) The employee must be provided with copies of all information to be used in making the discharge decision. The employee must be provided with the opportunity to rebut that information or to submit matters in mitigation or extenuation. (c) The employee must be informed that he or she has the right to a hearing using the Grievance Procedures, page 310. 4. Once the above actions have been completed, the supervisor will decide whether or not to discharge the employee. If the supervisor elects to discharge, all information, notices and responses will be forwarded to the City Manager who will review the process. If the employee requests a hearing, the City Manager will conduct a hearing at the end of which a decision will be made to uphold or overturn the discharge. If the City Manager's decision is to discharge, the employee will be discharged immediately. All "due process" requirements having been met, the discharged employee will not be entitled to further pay or benefits except as provided below. 5. Notwithstanding paragraph 4 above, the Grievance Procedures (Employee Grievances, page 310) provide for a hearing before the City Council. If the discharged employee requests this hearing, in writing, the matter will be placed on the agenda of the next regular City Council meeting that is more than two days away. The employee may be represented by Legal Counsel the employee's own expense. The City Council's decision shall be deemed final. If the City Council decision is to overturn the discharge, the employee will be reinstated and paid back pay from the date of discharge to the City Council's final decision. The City Council may impose a less severe disciplinary action as a part of its final decision. May 27, 1994 801 Reimbursement of Employee Expenses Policy. It is the policy of the City to reimburse employees for reasonable expenses incurred while conducting City business. 1. Generally, the City will pay reimbursements rather than allowances for out-of-pocket expenses incurred by City employees when conducting City business. (a) An allowance is certain sum of money paid to an employee for a specified City purpose. The employee is not required to submit receipts or otherwise account for the money. Allowances are taxable compensation and were they paid would be reported to the Internal Revenue Service. To avoid paying taxes on an allowance, the employee would still have to keep records of amount spent and itemize deductions on their income tax retum. Allowances will not be paid except in specific instances authorized by the City Council. (b) A reimbursement is a sum of money paid to an employee after the employee has incurred an expense and presenting the proper receipts or other documentation. The entitlement for a reimbursement does not exist until the employee spends money. (b) An employee may request an advance whenever travel or other expenses are anticipated. The employee must account for all funds advanced either by presenting the proper receipts or other documentation and/or by retuming unused funds to the City Treasurer. 2. Department heads will take measures to minimize out-of-pocket expenses by employees by arranging direct payment or direct billing of services such as public transportation and lodging. 3. The following costs may be reimbursed. They are discussed separately in the following policies. (a) Travel by privately owned vehicle or common carrier. (b) Rental vehicles under certain circumstances. (c) Meals up to $25.00 per day. (d) Lodging while traveling. (e) Reasonable gratuities to waitpersons and luggage handlers. (f) Official telephone calls while traveling. (g) Registration and tuition fees while attending courses of training. (h) Meals for official guests from out of town but on City business. 4. The following expenses will not be reimbursed: (a) Meals or lodging at private residences. May 27, 1994 801 (b) Expenses that are for the convenience of the traveler such as indirect routes or stop-overs for personal reasons. (c) Alcoholic beverages. (d) Travel insurance premiums. (e) Personal items such as movie or theater tickets, magazines, sight seeing fares, VCR rentals, etc. (f) Personal telephone calls. (g) Meals or Lodging for anyone other than the traveler except as in 3(h) above. May 27, 1994 802 Reimbursement for Travel Expenses Policy. It is the policy of the City to reimburse employees for out-of-pocket travel expenses when traveling on City business. 1. Travel by Common Carrier. A common carrier is any mode of personal transportation offered to the public for a fee. Common carriers include aircraft, buses, and taxis. Also included in this category, at least for City purposes are rental vehicles. (a) The City will reimburse employees for bus and air fares for travel on official businesses. The employee must present a receipt and will be reimbursed for the full cost. Travel must be by coach or the lowest cost passage available. (b) Employees may also be reimbursed for rental cars if: (i) The traveler arrives at his or her destination by common carrier. (ii) The traveler must travel between his or her place of lodging and place of business. (iii) The use of a rental vehicle is more economical than taxi and/or bus fares or such altematives are not available. (iv) The traveler must use a subcompact, compact or intermediate size vehicle and must present a receipt to be reimbursed. 2. Travel by privately owned vehicle. Employees shall be reimbursed for the use of their own personal vehicle on City business at the allowed mileage rate set forth by the current IRS Publication 917, "Business Use of a Car" subject to the following: (a) Reimbursement shall be limited to the odometer mileage directly to and from the destination. Mileage in and around the destination may also be reimbursed but the employee must show that personal shopping trips, etc. are not included. (b) Reimbursement for privately owned vehicle may be limited to the cost of air fare if travel by privately owned vehicle is for the traveler's convenience. (c) The cost of gasoline, repairs, etc is deemed to be included in the standard mileage rate above and are not separately reimbursable. Traffic and parking tickets, and fines incurred while traveling are the traveler's responsibility and will not be reimbursed. 3. Travel by City vehicle. Employees may be reimbursed for gasoline, oil and repairs when using City vehicles for out-of-town travel. However, before departure, the employee should obtain City credit cards from the City Treasurer and use those cards rather than personally paying for such expenses. 4. Employees may also be reimbursed for reasonable gratuities paid to taxi drivers and baggage handlers while traveling. May 12, 1994 803 Reimbursement for Lodging Expenses Policy. It is the policy of the City to reimburse employees for lodging expenses when they must remain ovemight on City business. 1. Supervisors should anticipate the requirement to remain ovemight and arrange direct payment or direct billing for lodging expenses whenever possible. This practice avoids the payment of room tax. 2. When direct billing or direct payment are impractical employees may be reimbursed for lodging expenses subject to the following: (a) The employee must present a receipt issued by the lodging facility. A credit card receipt does not meet this requirement. (b) Employees are expected to maximize travel dollars by selecting moderately priced facilities. (c) Reimbursement will be paid for the single rate unless the other guests are also City employees traveling on City business. (d) The ovemight stay must be at least fifty miles from McCall. Employees are expected to return to their own homes if the distance is less than fifty miles. (e) Personal telephone calls, VCR rentals, bar services and other personal conveniences will not be reimbursed. May 27, 1994 804 Reimbursement for Meals Policy. It is the policy of the City to reimburse employees for meals when employees must be away from McCall at mealtime and to reimburse employees for meals purchased for others for public relations purposes. 1. Reimbursement for meals while traveling. (a) The maximum reimbursement authorized is $25.00 per day. For partial days such as the day of de ar ure or he day of re urn his maximum shall be reduced according o he folio ing schedule: (i) If departure is before 6:00 AM, the maximum reimbursement is $25.00. (ii) If departure is after 6:00 AM but before 10:00 AM, the maximum reimbursement is $18.00 (for lunch and dinner.) (iii) If departure is after 10:00 AM but before 6:00 PM, the maximum reimbursement is $11.00 (for dinner only). (iv) If departure is after 6:00 PM no reimbursement for meals is authorized. (v) If return is before 6:00 AM, no reimbursement for meals is authorized. (vi) If return is after 6:00 AM but before 10:00 AM maximum reimbursement is $7.00 (for breakfast only.) (vii) If return is after 10:00 AM but before 6:00 PM, maximum reimbursement is $14.00 (for breakfast and lunch.) (viii) If return is after 6:00 PM, maximum reimbursement is $25.00. (ix) If travel begins and ends on the same day, the above times will be used to determine which meals are to be reimbursed. (b) Claims for reimbursement for meals must be accompanied by a restaurant receipt. Credit card receipts do not meet this requirement. 2. Reimbursement for 'meals for public relations purposes. (a) Employees may be reimbursed for meals purchased for themselves and persons who are not City employees when City business is conducted during the meal, subject to the following: (i) The person(s) entertained must not be City employees. (ii) The reimbursement request must include the name(s) of the person(s) entertained and the business purpose. (iii) This privilege is available only to the department head or with the prior approval of the department head. May 27, 1994 804 (b) Claims for reimbursement must be accompanied by a receipt and document the business purpose as in 2a(ii) above. 3. Reasonable gratuities to waitpersons in restaurants may also be reimbursed. Gratuities should be separately stated on the claim and are not included in the maximum reimbursements in 1 above. May 27, 1994 801 Reimbursement of Employee Expenses Policy. It is the policy of the City to reimburse employees for reasonable expenses incurred while conducting City business. 1. Generally,the City will pay reimbursements rather than allowances for out-of-pocket expenses incurred by City employees when conducting City business. (a) An allowance is certain sum of money paid to an employee for a specified City purpose. The employee is not required to submit receipts or otherwise account for the money. Allowances are taxable compensation and were they paid would be reported to the Internal Revenue Service. To avoid paying taxes on an allowance, the employee would still have to keep records of amount spent and itemize deductions on their income tax return. Allowances will not be paid except in specific instances authorized by the City Council. (b) A reimbursement is a sum of money paid to an employee after the employee has incurred an expense and presenting the proper receipts or other documentation. The entitlement for a reimbursement does not exist until the employee spends money. (b) An employee may request an advance whenever travel or other expenses are anticipated. The employee must account for all funds advanced either by presenting the proper receipts or other documentation and/or by returning unused funds to the City Treasurer. 2. Department heads will take measures to minimize out-of-pocket expenses by employees by arranging direct payment or direct billing of services such as public transportation and lodging. 3. The following costs may be reimbursed. They are discussed separately in the following policies. (a) Travel by privately owned vehicle or common carrier. (b) Rental vehicles under certain circumstances. (c) Meals up to$25.00 per day. (d) Lodging while traveling. (e) Reasonable gratuities to waitpersons and luggage handlers. (f) Official telephone calls while traveling. • (g) Registration and tuition fees while attending courses of training. (h) Meals for official guests from out of town but on City business. 4. The following expenses will not be reimbursed: (a) Meals or lodging at private residences. May 27, 1994 801 (b) Expenses that are for the convenience of the traveler such as indirect routes or stop-overs for personal reasons. (c) Alcoholic beverages. (d) Travel insurance premiums. (e) Personal items such as movie or theater tickets, magazines,sight seeing fares,VCR rentals, etc. (1) Personal telephone calls. (g) Meals or Lodging for anyone other than the traveler except as in 3(h)above. May 27, 1994