HomeMy Public PortalAboutRES-CC-2020-25DocuSign Envelope ID: C925BAB3-5EE1-4D3D-BCOB-C6FA32198042
Resolution 25-2020
A RESOLUTION AMENDING THE CITY OF MOAB EMPLOYEE HANDBOOK.
WHEREAS, the City of Moab Employee Handbook contains rules of general application concerning hiring,
promotion, pay, benefits and discipline; and
WHEREAS, the Handbook should be reviewed and revised on a periodic basis to ensure compliance with
employment laws and contemporary personnel management practices; and
WHEREAS, the Moab City Council has determined that the Handbook should be revised; and
WHEREAS, the amendment to the City of Moab Employee Handbook has been presented to this meeting
of the Moab City Council.
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to approve the
revised Moab City Employee Handbook, Attachment A, in substantially the form presented to this
meeting of the City Council.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session this 28`h day of
April 2020.
CITY OF MOAB
DouSl�ynedby:
By.
64DCD'724CCD4D0...
Emily Niehaus
Mayor
Attest
Sommar Johnson
City Recorder
City of Moab Policies and Procedures – Employee Handbook
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Policies and Procedures -
Employee Handbook
Updated
4/21/20
City of Moab Policies and Procedures – Employee Handbook
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HANDBOOK DISCLAIMER
This handbook of policies and procedures (“Employee Handbook” or “Handbook”) is a guide to help City of
Moab (“City”) employees find the answers to many questions that they may have regarding their
employment with the City. All City employees are expected to be familiar with the provisions of this Employee
Handbook and each employee will be required to certify that they have read its contents. The City’s Human
Resources (“HR”) Department will keep a copy of each employee’s certification on file.
While this Employee Handbook covers many topics that may arise in the scope of an employee’s employment
with the City, it may not answer all questions. Employee’s supervisors and the HR Department also serve as
sources of information.
Neither this Employee Handbook, nor any particular provision contained in it, nor any other verbal or written
communication by management is, or should be, considered to be an agreement, contract of employment,
express or implied, a guarantee of treatment in any particular manner in any given situation, nor does it
confer any contractual rights whatsoever. Except as limited by applicable federal or state law, including any
due process requirements, the City adheres to a policy of employment at-will, which permits the City or the
employee to end the employment relationship at any time, for any reason, with or without cause or notice.
No City representative other than the City Manager/Personnel Officer may modify an at-will status and/or
provide any special arrangement concerning terms or conditions of employment in an individual case or
generally and any such modification must be in writing and signed by the City Manager/Personnel Officer.
Many matters covered by this Employee Handbook, such as benefit plan descriptions, are also described in
separate City documents. These City documents are always controlling over any statement made in this
Employee Handbook or by any member of management.
This Employee Handbook states only general City guidelines. The City may, at any time, in its sole discretion,
modify or vary from anything stated in this Employee Handbook, with or without notice, except for the rights
of the parties to end employment at-will, which may only be modified by an express written agreement
signed by the employee and the City Manager/Personnel Officer.
This Employee Handbook is provided for general guidance only. It is not comprehensive, does not address all
employment issues or policy exceptions, and is not intended to provide specific details in all areas. The
policies and procedures expressed in this book, as well as those in any other personnel materials which may
be issued from time to time, do not create a binding contract. The City disclaims any construction of this
Employee Handbook as, or implication of, an employment contract.
This Employee Handbook should not be construed to limit the City's right to terminate an employee’s job or
to create any other obligation or liability for the City. The City has the sole and exclusive right to determine
whether particular conduct that may be described in this Handbook, or any other employment rule, policy, or
procedure is not in the best interest of the City or its operations, and therefore warrants disciplinary action or
termination of employment. City management exclusively will determine whether any conduct violates any
rules. The City has the exclusive right to determine the type, sequence and severity of discipline, if any, for
violation of rules.
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No employee, agent or representative of the City has any authority to enter into any agreement with an
employee for employment for any specified period or to make any promises or commitments contrary to the
foregoing. Any actual employment agreement must be in writing and signed by the City Manager.
The City reserves the right to unilaterally change, or make exceptions to the policies and procedures stated in
this Employee Handbook at any time for any reason. Also, the City has the exclusive right to add, delete,
supplement, change or modify anything in this Employee Handbook or any other work rule, policy or
procedure at any time, without notice.
This Employee Handbook supersedes all prior personnel policies and procedures manuals.
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IMPORTANT CONTACT INFORMATION
City Manager/Personnel Officer, Joel Linares
Telephone: 435.259.5121
Email: jlinares@moabcity.org
Assistant City Manager, Carly Castle
Telephone: 435.259.5121
Email: ccastle@moabcity.org
Human Resource Director, Dani Guerrero
Telephone: 435.259.9991
Email: dguerrero@moabcity.org
City Attorney, Laurie Simonson
Telephone: 435.210-0030
Email: lsimonson@moabcity.org
Throughout this Handbook, there are references to an Equal Employment Opportunity (“EEO”)
Officer. Each of the individuals who hold one of the positions listed above is authorized to act as an
EEO Officer on behalf of the City. At all times, the City Manager/Personnel Officer will act as the Chief
EEO Officer.
Employees may report any concerns or complaints to any of the above persons either anonymously
or by providing their name and contact information. Please understand that, while the City will use its
best efforts to investigate all complaints, it will be more difficult for the City to investigate any
complaints or concerns made anonymously.
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HANDBOOK DISCLAIMER .................................................................................................................................................2
SECTION 1 - GOVERNING PRINCIPLES OF EMPLOYMENT ............................................................................................... 11
1-1 WELCOME..................................................................................................................................................................... 11
1-2 INTRODUCTION .............................................................................................................................................................. 11
1-3 RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT .......................................................................................................... 11
1-4 EMPLOYEE RELATION GOALS ............................................................................................................................................. 12
SECTION 2 - EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................................ 13
2-1 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................................................. 13
2-2 SEXUAL AND OTHER FORMS OF ILLEGAL HARASSMENT OR DISCRIMINATION ............................................................................... 13
2-3 AMERICANS WITH DISABILITIES ACT ................................................................................................................................... 15
A. Requesting an Accommodation......................................................................................................................... 15
B. Response to an Accommodation Request ......................................................................................................... 16
2-4 RELIGIOUS ACCOMMODATION AND PROHIBITION ON DISCRIMINATION ..................................................................................... 17
2-5 PREGNANCY ACCOMMODATION ........................................................................................................................................ 17
2-6 ACCOMMODATIONS FOR NURSING MOTHERS ...................................................................................................................... 18
2-7 I-9 COMPLIANCE ............................................................................................................................................................ 18
2-8 RETALIATION PROHIBITED ................................................................................................................................................ 18
2-9 COMPLAINT PROCEDURE .................................................................................................................................................. 19
2-10 ADMINISTRATION BY EEO OFFICER .................................................................................................................................. 19
SECTION 3 – WORKPLACE VIOLENCE ............................................................................................................................. 20
3-1 TREATING OTHERS WITH RESPECT / ANTI-BULLYING .............................................................................................................. 20
3-2 WORKPLACE VIOLENCE .................................................................................................................................................... 21
A. Prohibited Conduct ............................................................................................................................................ 21
B. Procedures for Reporting a Threat .................................................................................................................... 21
SECTION 4 – GENERAL EMPLOYMENT ISSUES ................................................................................................................ 22
4-1 EMPLOYEE LIABILITY ........................................................................................................................................................ 22
4-2 EMPLOYEE CIVIL ACTION LEGAL DEFENSE, INDEMNITY ........................................................................................................... 22
4-3 EMPLOYEE CRIMINAL ACTION LEGAL DEFENSE COSTS ............................................................................................................ 23
4-4 CONFIDENTIALITY............................................................................................................................................................ 23
4-5 SEPARATION FROM EMPLOYMENT ..................................................................................................................................... 23
A. Retirement ......................................................................................................................................................... 24
B. Retirement Gift .................................................................................................................................................. 24
C. Life Insurance Continuation ............................................................................................................................... 24
D. Health Insurance Portability and Accountability Act (HIPAA) ........................................................................... 24
4-6 EMPLOYEE SERVICE CREDIT / REINSTATEMENT ..................................................................................................................... 25
4-7 SUPERVISOR & SUBORDINATE RELATIONSHIPS ...................................................................................................................... 25
4-8 ANTI-NEPOTISM ............................................................................................................................................................. 25
4-9 VOLUNTEER POSITIONS .................................................................................................................................................... 26
SECTION 5 - OPERATIONAL POLICIES ............................................................................................................................. 27
5-1 RECRUITMENT/JOB POSTING/SELECTION POLICY .................................................................................................................. 27
A. General Policy .................................................................................................................................................... 27
B. Job Postings ....................................................................................................................................................... 27
C. Application Requirements ................................................................................................................................. 28
D. Selection Procedures ......................................................................................................................................... 28
E. Job Offer Requirements ..................................................................................................................................... 28
F. Veterans Preference .......................................................................................................................................... 29
G. Resident Preference ........................................................................................................................................... 29
H. Internal Hiring ................................................................................................................................................... 29
5-2 CURRENT ADDRESS ......................................................................................................................................................... 29
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5-3 REIMBURSEMENT FOR TRAVEL EXPENSES............................................................................................................................. 29
A. Overnight, Out-of-Town Trips ............................................................................................................................ 30
B. Out-of-Town Trips for One Day ......................................................................................................................... 30
C. Local Travel ........................................................................................................................................................ 30
D. Commuting Time ............................................................................................................................................... 30
E. Meal Per Diem: .................................................................................................................................................. 31
F. Travel Request ................................................................................................................................................... 32
G. Transportation Costs ......................................................................................................................................... 32
H. Motorcycles ....................................................................................................................................................... 32
I. Other Costs ........................................................................................................................................................ 33
5-4 EMPLOYEE EMPLOYMENT RECORDS ................................................................................................................................... 33
5-5 WORKING HOURS AND SCHEDULE ..................................................................................................................................... 33
5-6 PERFORMANCE REVIEW ................................................................................................................................................... 33
5-7 POSITION TITLE CHANGES ................................................................................................................................................ 33
5-8 ADVANCED EDUCATION AND/OR CERTIFICATION DOCUMENTATION ......................................................................................... 34
5-9 INTERNSHIPS AND COOPERATIVE EDUCATION POSITIONS ........................................................................................................ 34
SECTION 6 – GENERAL PAYROLL PRACTICES .................................................................................................................. 35
6-1 EMPLOYEE CLASSIFICATION DEFINITIONS ............................................................................................................................. 35
A. Full-Time Employees .......................................................................................................................................... 35
B. 3/4-Time Employees .......................................................................................................................................... 35
C. Part-Time Employees ......................................................................................................................................... 35
D. Seasonal Employee ............................................................................................................................................ 35
E. Temporary Employees ....................................................................................................................................... 35
F. Introductory Employees ..................................................................................................................................... 35
G. Temporary Employment Agency ....................................................................................................................... 35
H. Non-Exempt Employees ..................................................................................................................................... 36
I. Exempt Employees............................................................................................................................................. 36
6-2 NON-EXEMPT EMPLOYEES ............................................................................................................................................... 36
6-3 EXEMPT EMPLOYEES ....................................................................................................................................................... 37
6-4 YOUR PAYCHECK ............................................................................................................................................................ 38
6-5 DIRECT DEPOSIT ............................................................................................................................................................. 38
6-6 SALARY ADVANCES.......................................................................................................................................................... 38
6-7 PAYROLL DEDUCTIONS ..................................................................................................................................................... 38
6-8 GARNISHMENTS ............................................................................................................................................................. 38
6-9 REST PERIODS ................................................................................................................................................................ 38
6-10 LUNCH PERIODS ........................................................................................................................................................... 39
6-11 TIMEKEEPING PROCEDURES ............................................................................................................................................ 39
6-12 WORK WEEK FOR PURPOSES OF CALCULATING OVERTIME .................................................................................................... 39
6-13 OVERTIME ................................................................................................................................................................... 39
6-14 COMPENSATORY TIME ................................................................................................................................................... 39
6-15 DISASTER EMERGENCIES ................................................................................................................................................ 40
6-16 CALL BACK OR ON-CALL COMPENSATION .......................................................................................................................... 40
6-17 HOLIDAY TIME ............................................................................................................................................................. 40
SECTION 7 – COMPENSATION POLICIES ......................................................................................................................... 41
7-1 PAY FOR PERFORMANCE .................................................................................................................................................. 41
A. Salary Programs ................................................................................................................................................ 41
B. Cost of Living Adjustments (COLA) .................................................................................................................... 41
C. Merit Increases .................................................................................................................................................. 41
7.2 COMPENSATION MANAGEMENT ........................................................................................................................................ 42
A. Policy ................................................................................................................................................................. 42
B. General Wage & Salary Adjustments ................................................................................................................ 42
C. Cost of Living vs Market .................................................................................................................................... 42
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D. Hourly Rates ...................................................................................................................................................... 42
E. Initial Appointment............................................................................................................................................ 42
F. Probationary Period .......................................................................................................................................... 43
G. Promotion Probationary Period ......................................................................................................................... 43
H. Pay Progression ................................................................................................................................................. 43
I. Minimum to Midpoint Progression.................................................................................................................... 44
J. Midpoint to Maximum Progression ................................................................................................................... 44
K. Red Circle Rate ................................................................................................................................................... 44
L. Right to Grieve ................................................................................................................................................... 45
7-3 PROMOTION .................................................................................................................................................................. 45
A. Job Track Promotion .......................................................................................................................................... 45
7-4 RECLASSIFICATION .......................................................................................................................................................... 46
7-5 REORGANIZATION ........................................................................................................................................................... 46
7-6 DEMOTION .................................................................................................................................................................... 47
7-7 INVOLUNTARY TRANSFER.................................................................................................................................................. 47
7-8 ACTING POSITIONS.......................................................................................................................................................... 47
7-9 ABANDONMENT OF POSITION ........................................................................................................................................... 48
7-10 REDUCTION IN FORCE .................................................................................................................................................... 48
7-11 SEPARATION PAY .......................................................................................................................................................... 49
7-12 LONGEVITY PAY ............................................................................................................................................................ 49
SECTION 8 - BENEFITS .................................................................................................................................................... 51
8-1 BENEFITS OVERVIEW/DISCLAIMER ..................................................................................................................................... 51
8-2 INSURANCE - MEDICAL, DENTAL & VISION .......................................................................................................................... 51
8-3 HEALTH REIMBURSEMENT ARRANGEMENT (HRA) ................................................................................................................ 52
8-4 LIFE INSURANCE ............................................................................................................................................................. 52
8-5 LONG-TERM DISABILITY BENEFITS ...................................................................................................................................... 52
8-6 SHORT-TERM DISABILITY BENEFITS .................................................................................................................................... 53
8-7 WORKERS' COMPENSATION .............................................................................................................................................. 53
8-8 COBRA ........................................................................................................................................................................ 55
8-9 RETIREMENT PLAN .......................................................................................................................................................... 56
A. Utah Retirement Systems (URS) ........................................................................................................................ 56
B. Benefits Paid ...................................................................................................................................................... 56
C. Tier 1 Employees ................................................................................................................................................ 56
D. Noncontributory System .................................................................................................................................... 56
E. Tier 2 Employees ................................................................................................................................................ 56
F. Defined Contribution Plan ................................................................................................................................. 57
G. Hybrid Plan ........................................................................................................................................................ 57
H. URS 401(k) Plan ................................................................................................................................................. 57
I. URS Account Access ........................................................................................................................................... 57
8-10 SOCIAL SECURITY .......................................................................................................................................................... 57
8-11 WELLNESS PROGRAM .................................................................................................................................................... 57
8-12 FITNESS / WELLNESS BENEFIT ......................................................................................................................................... 58
8-13 CLOTHING ALLOWANCE ................................................................................................................................................. 58
A. Public Works Department ................................................................................................................................. 58
B. Field Personnel .................................................................................................................................................. 59
C. Police Department ............................................................................................................................................. 59
8-14 EMPLOYEE ASSISTANCE PROGRAM ................................................................................................................................... 60
8-15 EDUCATION ASSISTANCE ................................................................................................................................................ 60
8-16 HEPATITIS VACCINATION ................................................................................................................................................ 61
8-17 COMMERCIAL DRIVER’S LICENSE ...................................................................................................................................... 61
8-18 PHASED RETIREMENT .................................................................................................................................................... 61
A. Phased Retirement Eligibility ............................................................................................................................. 61
B. Participation ...................................................................................................................................................... 62
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C. Phased Retirement Approval Standards and Process ........................................................................................ 62
D. Time limits and other restrictions ...................................................................................................................... 63
E. Written Agreement ........................................................................................................................................... 63
F. During Phased Retirement ................................................................................................................................ 64
G. Benefits for Phased Retirees .............................................................................................................................. 64
H. Termination of Phased Retirement .................................................................................................................... 64
I. References ......................................................................................................................................................... 65
J. Definitions ......................................................................................................................................................... 65
SECTION 9 - LEAVE POLICIES .......................................................................................................................................... 66
9-1 PAID HOLIDAYS .............................................................................................................................................................. 66
9-2 VACATION LEAVE ............................................................................................................................................................ 66
9-3 VACATION ..................................................................................................................................................................... 67
A. Accrual ............................................................................................................................................................... 67
B. Use ..................................................................................................................................................................... 67
C. Payment ............................................................................................................................................................ 68
9-4 SICK LEAVE .................................................................................................................................................................... 68
A. Purpose & Policies ............................................................................................................................................. 68
B. Accruals and Balances ....................................................................................................................................... 69
C. Administration of Sick Leave ............................................................................................................................. 69
9-5 SICK LEAVE COMPENSATION ............................................................................................................................................. 69
9-6 LEAVE DONATION ........................................................................................................................................................... 70
9-7 BEREAVEMENT LEAVE ...................................................................................................................................................... 70
9-8 MILITARY LEAVE ............................................................................................................................................................. 71
9-9 JURY DUTY .................................................................................................................................................................... 72
9-10 PAID LEAVE/UNPAID LEAVE ............................................................................................................................................ 72
9-11 FAMILY AND MEDICAL LEAVE .......................................................................................................................................... 72
A. Eligible Employees ............................................................................................................................................. 72
B. Military Family Leave Entitlements Member ..................................................................................................... 73
C. Rolling 12 Month Period .................................................................................................................................... 73
D. Example for 12-Month Rolling Period ............................................................................................................... 74
E. Intermittent Leave ............................................................................................................................................. 74
F. Notice of Leave .................................................................................................................................................. 74
G. Concurrent Leave ............................................................................................................................................... 74
H. Worker’s Compensation Leave .......................................................................................................................... 74
I. Paid Leave During FMLA Leave ......................................................................................................................... 75
J. Maintenance of Benefits ................................................................................................................................... 75
9-12 PARENTAL LEAVE .......................................................................................................................................................... 75
A. Eligibility ............................................................................................................................................................ 75
B. Coordination with Other Policies ....................................................................................................................... 76
C. Requests for Unpaid Parental Leave ................................................................................................................. 76
9-13 LEAVE WITHOUT PAY .................................................................................................................................................... 77
9-14 LEAVE OF ABSENCE ....................................................................................................................................................... 77
9-15 TIME OFF TO VOTE ....................................................................................................................................................... 78
9-16 ADMINISTRATIVE LEAVE WITH PAY .................................................................................................................................. 78
SECTION 10 - EMPLOYEE CONDUCT ............................................................................................................................... 79
10-1 OVERVIEW OF APPROPRIATE EMPLOYEE CONDUCT.............................................................................................................. 79
A. Duty to Act Lawfully .......................................................................................................................................... 79
B. Confidentiality ................................................................................................................................................... 79
C. Duty of Ethical Conduct and Loyalty to the City ................................................................................................ 79
D. Duty to Promote Work Efficiency and Morale ................................................................................................... 79
E. Duty of Service to the General Public ................................................................................................................ 80
F. Workplace Conduct ........................................................................................................................................... 80
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10-2 CONFLICT OF INTEREST AND BUSINESS ETHICS .................................................................................................................... 81
A. Ethics for City Employees and Officials .............................................................................................................. 81
B. Provisions Supplemental to State Law .............................................................................................................. 81
C. No Oversight of Related Persons ....................................................................................................................... 81
D. Disclosure as to Related Businesses; Disqualification ....................................................................................... 82
E. Annual Disclosures............................................................................................................................................. 82
F. No Disclosure of Confidential Information Pertaining to City Business ............................................................. 82
G. Retaliation Prohibited ........................................................................................................................................ 82
H. Employees and Officials Prohibited from Using Position to Secure Special Privileges for Related Parties ........ 82
I. Disclosure of Persons and Businesses Doing Business with the City .................................................................. 83
J. Remedies ........................................................................................................................................................... 83
10-3 INFORMATION REPORTING & WHISTLE BLOWING ............................................................................................................... 83
A. Liability to Report .............................................................................................................................................. 83
B. Whistle Blowing ................................................................................................................................................. 83
C. Improper Disclosure ........................................................................................................................................... 84
D. Assist Investigations .......................................................................................................................................... 84
10-4 OUTSIDE EMPLOYMENT ................................................................................................................................................. 84
A. Procedure .......................................................................................................................................................... 84
10-5 USE OF COMMUNICATIONS AND COMPUTER SYSTEMS ......................................................................................................... 85
A. Prohibited Communications .............................................................................................................................. 85
B. Personal Use ...................................................................................................................................................... 85
C. Access to Employee Communications ............................................................................................................... 86
D. Software ............................................................................................................................................................ 86
E. Security/Appropriate Use .................................................................................................................................. 87
F. Encryptions ........................................................................................................................................................ 87
G. Online Chat Rooms/Instant Messaging ............................................................................................................. 87
H. Portable Communication Device Use While Driving .......................................................................................... 87
I. Violations ........................................................................................................................................................... 88
J. Electronic Mail Accounts for Council Members ................................................................................................. 88
10-6 SOCIAL MEDIA ............................................................................................................................................................. 88
A. Guidelines .......................................................................................................................................................... 88
10-7 PRODUCTIVITY ............................................................................................................................................................. 89
10-8 CELL PHONE POLICY ...................................................................................................................................................... 90
A. Executive Summary ........................................................................................................................................... 90
B. Payment Obligations ......................................................................................................................................... 94
10-9 EMPLOYEE DRESS AND PERSONAL APPEARANCE ................................................................................................................. 95
A. Purpose .............................................................................................................................................................. 95
B. Field Personnel: Public Works Department Personnel ....................................................................................... 95
C. Compliance Requirements ................................................................................................................................. 95
10-10 OUTSIDE ACTIVITIES .................................................................................................................................................... 96
10-11 TOBACCO FREE WORKPLACE ......................................................................................................................................... 96
10-12 EMPLOYEE GUN USE ................................................................................................................................................... 96
10-13 POSSESSION OF PORNOGRAPHIC MATERIALS .................................................................................................................... 96
10-14 DRUG FREE WORKPLACE AND TESTING POLICY ................................................................................................................. 97
A. Drug Free Workplace ......................................................................................................................................... 97
B. Zero Tolerance ................................................................................................................................................... 97
C. Employee Responsibility .................................................................................................................................... 97
D. Disciplinary Action ............................................................................................................................................. 98
E. Voluntary Rehabilitation ................................................................................................................................... 98
F. Use of Prescribed Drugs on City Premises ......................................................................................................... 98
G. Supervisor Training ............................................................................................................................................ 99
H. Drug and Alcohol Testing .................................................................................................................................. 99
10-15 WORKPLACE SEARCHES .............................................................................................................................................. 107
10-16 POLITICAL ACTIVITY ................................................................................................................................................... 108
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10-17 PROCUREMENT POLICY .............................................................................................................................................. 109
A. General Policy .................................................................................................................................................. 109
B. Credit Cards ..................................................................................................................................................... 109
10-18 MAINTENANCE OF VALID DRIVER’S LICENSE ................................................................................................................... 109
A. Penalties for Failure to Maintain Driver’s License or for Failure to Notify ...................................................... 109
10-19 ACCEPTANCE OF GIFTS ............................................................................................................................................... 109
10-20 EMPLOYEE DISCIPLINE ............................................................................................................................................... 110
A. Standards of Conduct - Critical Offenses ......................................................................................................... 110
B. Standards of Conduct - Serious Offenses ......................................................................................................... 111
C. Corrective Disciplinary Action Overview .......................................................................................................... 111
D. Disciplinary Action ........................................................................................................................................... 112
E. Verbal Warning ............................................................................................................................................... 112
F. Written Warning ............................................................................................................................................. 112
G. Pre-Determination Hearing ............................................................................................................................. 113
H. Required Approval of City Manager ................................................................................................................ 113
I. Severe Disciplinary Action ............................................................................................................................... 113
J. Termination ..................................................................................................................................................... 114
SECTION 11 – GRIEVANCE PROCEDURE ....................................................................................................................... 115
11-1 COMPLAINT PROCEDURE .............................................................................................................................................. 115
11-2 EMPLOYEE TRANSFER AND DISCHARGE APPEAL RIGHTS AND PROCEDURE .............................................................................. 115
11-3 APPEALS AUTHORITY ................................................................................................................................................... 117
SECTION 12 - SAFETY AND RISK MANAGEMENT .......................................................................................................... 118
12-1 GENERAL POLICY ........................................................................................................................................................ 118
12-2 PROPER USE OF CITY EQUIPMENT AND TOOLS .................................................................................................................. 118
12-3 BUILDING SECURITY .................................................................................................................................................... 119
A. Distribution of Keys ......................................................................................................................................... 119
B. Employee Responsibility .................................................................................................................................. 119
C. Lost Keys .......................................................................................................................................................... 119
12-4 ACCIDENT REPORTING ................................................................................................................................................. 119
A. Accident with Injury ......................................................................................................................................... 120
B. Accident with no Injury .................................................................................................................................... 120
12-5 RISK MANAGEMENT .................................................................................................................................................... 120
A. Claims, Lawsuits & Liability ............................................................................................................................. 120
B. Incident Review Process for Vehicle & Equipment ........................................................................................... 121
12-6 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) ......................................................................................... 122
12-7 FITNESS FOR DUTY EVALUATIONS................................................................................................................................... 122
SECTION 13 - FLEET MANAGEMENT ............................................................................................................................. 123
13-1 FLEET POLICY ............................................................................................................................................................. 123
A. City Vehicle Use ............................................................................................................................................... 123
B. Personal Vehicle Use ....................................................................................................................................... 123
SECTION 14 - GENERAL STANDARDS OF CONDUCT ...................................................................................................... 125
14-1 PUNCTUALITY AND ATTENDANCE ................................................................................................................................... 125
14-2 HEALTH AND SAFETY ................................................................................................................................................... 125
14-3 PUBLICITY/STATEMENTS TO THE MEDIA .......................................................................................................................... 125
14-4 REFERENCES .............................................................................................................................................................. 126
GENERAL HANDBOOK ACKNOWLEDGMENT ................................................................................................................ 127
RECEIPT OF EQUAL EMPLOYMENT OPPORTUNITY POLICY ........................................................................................... 128
RECEIPT OF NON-HARASSMENT POLICY ...................................................................................................................... 131
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Section 1 - Governing Principles of Employment
1-1 Welcome
For employees who are commencing employment with the City, on behalf of the City of Moab, let me extend
a warm and sincere welcome. I welcome you to our team. An interesting and challenging experience awaits
you as an employee of the City.
For employees who have been with the City, I thank you for your past and continued service.
I extend my personal best wishes for your success and happiness here at the City of Moab. I understand that
it is our employees who provide the services that our customers rely upon, and who will enable us to create
new opportunities in the years to come.
Joel Linares, City Manager/Personnel Officer
1-2 Introduction
This Employee Handbook is designed to acquaint employees with the City and to provide information about
working conditions, employee benefits, and policies affecting employment. It is designed to provide a general
understanding of the City’s personnel policies, as well as to describe some of the City’s rules, regulations,
expectations, programs, and benefits available to eligible employees. Employees should familiarize
themselves with its contents as soon as possible as each employee must certify that they have received and
read a copy of this Employee Handbook. Employees should read this Handbook carefully and keep it for
future reference. Reviewing it from time to time will help employees refresh their memory about policies and
procedures that affect them on a daily basis in their job.
When a question arises regarding the meaning or application of any employment rule, policy or procedure,
whether or not contained in this Handbook, City management has the exclusive right to make the final
determination as to its meaning or application. No interpretation or clarification or any employment rule,
policy or procedure is effective or binding unless it is in writing and approved by the City Manager/Personnel
Officer.
1-3 Rights Under the National Labor Relations Act
Section 7 of the National Labor Relations Act of 1935, as amended (the “NLRA”), states, “Employees shall
have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all
of such activities except to the extent that such right may be affected by an agreement requiring membership
in a labor organization as a condition of employment as authorized in section 8(a)(3) [of the NLRA].”
Under Section 7, employees have the right to discuss their wages or other compensation plans, employee
benefits, leave policies, disciplinary actions, and other terms and conditions of their employment. Employees
also have the right to decline to discuss this information with their co-workers or others if they so choose.
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Section 7 applies to all employees, whether they are members of a union or not. Nothing in this Handbook is
intended to restrict and should not be construed as restricting an employee’s ability to exercise their rights
under Section 7.
1-4 Employee Relation Goals
The City operates under a philosophy that management and employees are working towards the same goal.
That goal is to bring effective and economical municipal services to the citizens of Moab. The City believes
that this goal can be effectively achieved with management and employee cooperation. With this goal in
mind, it is important for management to realize and consider the talents, abilities, and experience of
employees. It is likewise important for employees to respect the experience and judgment of management in
the operation of the City. Management will strive to give due consideration to all employee suggestions
concerning methods by which the effectiveness and economy of municipal services can be improved.
The City has the following goals regarding its employees:
1. To maintain a competitive and equitable compensation program;
2. To offer each employee the opportunity for growth;
3. To provide an open forum for employee/employer communication.
The City believes that the best and most rewarding employee-management system results from a direct
relationship between management and employees.
Except as otherwise directed in this Handbook, employees should bring their concerns to their supervisor or
their Department Head. If these individuals are unable to assist the employee, they may bring their concerns
to the HR Director or the City Manager/Personnel Officer. The City will listen to employee concerns with
respect and will do its best to solve employee problems.
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Section 2 - Equal Employment Opportunity
2-1 Equal Employment Opportunity
The City is committed to providing equal employment opportunity for all persons without regard to race,
color, national origin, religion, sex (including conditions of pregnancy), sexual orientation, gender identity,
age, disability, veteran, genetic information, or other group protected by federal law or applicable state or
local law.
Employment with the City of Moab is based on qualification and ability. Consistent with this policy, the City is
dedicated to the following practices:
1. To recruit, employ, train, and promote persons for all positions without regard to race, color, national
origin, religion, sex (including conditions of pregnancy), sexual orientation, gender identity, age,
disability, genetic information, veteran, or other applicable protected-group status and to base
decisions regarding applicants and employees on an individual's job-related qualifications.
2. To ensure that all personnel actions, including, without limitation, compensation, benefits, transfers,
layoff, return from layoff, discipline, City-sponsored training, education, and social and recreational
programs, will be administered without regard to race, color, religion, sex (including conditions of
pregnancy), sexual orientation, gender identity, age, national origin, disability, genetic information,
veteran, or other applicable protected-group status.
The City expects the full cooperation of each employee in upholding the spirit of equal employment
opportunity.
The City’s equal employment opportunity policy is governed by applicable federal, state, or local law. Nothing
in the City’s equal employment opportunity policy creates any contractual rights or benefits beyond those
imposed by federal law or any applicable state or local law prohibiting discrimination in employment.
2-2 Sexual and Other Forms of Illegal Harassment or Discrimination
The City is committed to maintaining a work environment that is free of illegal harassment and
discrimination. In keeping with this commitment, the City prohibits discrimination against or harassment of its
employees by anyone, including any supervisory personnel, co-worker, vendor, client, or customer of the City.
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based on a person's
protected status, such as race, color, national origin, religion, sex (including conditions of pregnancy), sexual
orientation, gender identity, age, disability, genetic information, veteran, or other applicable protected-group
status. The City prohibits harassing conduct that affects tangible job benefits, that interferes unreasonably
with an individual's work performance, or that creates an intimidating, hostile, or offensive work environment
as defined and prohibited by law.
The City also prohibits sexual harassment, as defined by law. Sexual advances, requests for sexual favors, or
other physical, verbal, or visual conduct based on gender or gender stereotypes may constitute sexual
harassment when the conduct is unwelcome and (1) submission to the conduct is an explicit or implicit term
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or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an
employment decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working environment.
Whether or not certain types of conduct rise to the level of illegal harassment or discrimination, as defined by
law, depends on the facts and circumstances in each particular instance. When viewed considering all of the
surrounding circumstances, courts have found that the following types of conduct may give rise to a claim of
harassment or discrimination:
Intimidating, hostile, derogatory, contemptuous, or otherwise offensive remarks, visual conduct, or physical
conduct that is directed at an individual or group (i) based on race, national origin, religion, sex/gender
(including conditions of pregnancy), sexual orientation, genetic information, disability, age, veteran, or other
applicable protected group status; or (ii) related to or suggesting sexual matters
Examples may include, without limitation,
1. Unwelcome sexual advances – whether or not they involve physical touching and whether or not
between members of the same or opposite sex;
2. Sexual epithets, jokes, written or oral references to sexual conduct; gossip regarding one’s sex life;
comment on an individual’s body in a sexual manner; comment about an individual’s sexual activity,
deficiencies, or prowess; use of sexual innuendo;
3. Displaying or sharing with co-workers sexually suggestive objects, pictures, cartoons, etc.;
4. Displaying or sharing with co-workers objects, pictures, cartoons, etc. that display individuals, or a
group generally, in a derogatory or disrespectful light based on race, color, national origin, religion,
sex (including conditions of pregnancy), sexual orientation, gender identity, age, disability, genetic
information, veteran, or other applicable protected-group status, etc.;
5. Unwelcome leering, whistling, brushing against the body, sexual gestures, sexually suggestive or
insulting comments;
6. Name-calling, derogatory comments, or disrespectful treatment of another based on that individual’s
race, national origin, color, disability, religion, age, sex (including conditions of pregnancy), sexual
orientation, gender identity, veteran status, genetic information, or other applicable protected group
status;
7. Bantering with the use of comments or innuendo based on race, color, national origin, religion, sex
(including conditions of pregnancy), sexual orientation, gender identity, age, disability, genetic
information, veteran, or other applicable protected-group status;
8. Stereotypes based on race, color, national origin, religion, sex (including conditions of pregnancy),
sexual orientation, gender identity, age, disability, genetic information, veteran status, or other
applicable protected group status;
9. Derogatory or contemptuous comments based on race, color, national origin, religion, sex (including
conditions of pregnancy), sexual orientation, gender identity, age, disability, genetic information,
veteran, or other applicable protected-group status;
10. Threats/Promises: Solicitation or coercion of sexual activity, dates, or the like by the implied or
express promise of rewards or preferential treatment or the express or implied threat of punishment.
The City intends for all of its employees to work in an environment free of harassment or discrimination. To
this end, the City can respond to concerns about harassment or discrimination only if it is aware of the
problem. Thus, if an employee believes that they are being subjected to any inappropriate conduct prohibited
by this policy, or if an employee becomes aware of such conduct being directed at someone else, in
compliance with Section 2.8 below, the employee should notify a supervisor, or if the supervisor is the
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offending person, to HR or one of the City’s EEO Officers as identified on page three of this Employee
Handbook. Failure to report any conduct that an employee believes may violate this policy may affect the
employee’s legal rights. Please note that it may be difficult for the City to investigate anonymous claims of
harassment or discrimination.
All reported incidents will be investigated promptly. With regard to any investigation, and in compliance with
Section 2-8 below the City expects all employees to:
1. Cooperate in the investigation;
2. Take no action that would interfere with the investigation;
3. Take no action in retaliation against any person who cooperated in the investigation.
Depending on the circumstances, the employee accused of inappropriate conduct may be placed on a paid or
unpaid leave of absence during the investigation or may be placed in a different job assignment or location.
Additionally, the employee or employees who complained of discrimination or harassment may be offered a
paid leave of absence during the investigation. Employees who are on a paid leave of absence during an
investigation are expected to be available to meet with investigators or answer questions during their regular
work hours and to report to the work site within two hours if requested.
All complaints will be kept confidential to the extent reasonable and practicable and will be disclosed only as
reasonably necessary to allow the City to investigate and respond to the complaint. Any special concerns
about confidentiality will be addressed at the time they are raised.
Any employee who violates this policy is subject to disciplinary action as provided in Section 10-2 below.
Disciplinary action will depend on the gravity of the offense and not on the status of the accuser or the
offender and may include immediate discharge in appropriate circumstances. No employee is protected
against disciplinary action for violating this policy because of their position at City or because they are friends
with or related to any manager or other supervisory personnel. The City will take whatever action it deems
appropriate to discipline anyone who violates this policy and to prevent an offense from being repeated.
2-3 Americans with Disabilities Act
As part of its commitment to equal employment opportunity, the City implements all applicable provisions of
the Americans with Disabilities Act (the “ADA”), the ADA Amendments Act (“ADAAA”) and related state law.
Ability, not disability, is the basis for employment decisions. It is City’s policy to provide reasonable
accommodation to qualified persons with a disability when necessary to allow the employee to perform the
essential functions of their job. If an employee cannot be reasonably accommodated in their existing position,
the City will work with the employee to identify positions to which the employee may be transferred based
on availability of vacant funded positions and the employee’s qualifications.
A. Requesting an Accommodation
Employees or job applicants with disabilities may request a reasonable accommodation. The need for an
accommodation may be brought to the City’s attention in any of the following situations:
1. A job applicant may request an accommodation with respect to the job application process;
2. A new employee may request an accommodation to perform the essential functions of their job;
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3. An employee returning to work after experiencing an illness or injury may request an
accommodation for any resulting disability;
4. A current employee with a disability whose medical condition has changed may request an
accommodation for the first time or a change in accommodation; or
5. Any employee with a disability may request an accommodation at any time.
Employees who have a physical or mental impairment which interferes with their ability to do their job
may request an accommodation by submitting a written request to Human Resources. Human Resources
will assist employees in completing the form at their request.
To ensure the confidentiality of medical information and the proper administration of the
accommodation process, employees should not request accommodations related to physical or mental
impairments from a lead, supervisor, or manager (except an EEO Officer). Any lead, supervisor, or
manager who receives a request for an accommodation or information that an employee is having
difficulty satisfactorily performing their job because of a physical or mental impairment should
immediately contact HR.
Employees are not required to disclose the diagnosis of their physical or mental condition or the details of
their medical treatment when requesting an accommodation. However, employees must inform the City
that they are in need of an accommodation due to a medical condition. Depending on the circumstances,
the City may request medical documentation to support the request for accommodation and to evaluate
and process the accommodation request.
B. Response to an Accommodation Request
The reasonable accommodation process is interactive. This means that it requires cooperation and
communication between the employee and the City. When the City receives an accommodation request,
the City will attempt to engage in an interactive process with the employee to clarify the employee’s
needs and to determine whether and what reasonable accommodations are appropriate under the
circumstances. The City encourages the employee to suggest reasonable accommodations that will allow
the employee to perform essential job functions and improve job performance.
The interactive process may include analysis of the following factors, among other relevant
considerations, in determining the reasonableness of a requested accommodation:
1. Is the employee otherwise qualified to perform their essential job functions?
2. Will the accommodation accomplish the desired result, i.e., allowing the employee to effectively
perform the essential functions of their job?
3. Is there another accommodation that will allow the employee to perform the essential functions
of their job that is more cost effective or less disruptive to business operations?
4. Will the accommodation be unduly disruptive to the workplace so that business cannot be
reasonably conducted or otherwise create an undue burden?
5. Does the accommodation raise any safety concerns?
Essential job functions are those that the employee must be able to perform, with or without a
reasonable accommodation. Essential job functions cannot be removed from the position without
changing its nature. Duties that are not essential to the performance of the employee’s job may be
modified, eliminated, replaced, or restricted as part of the accommodation process.
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To assist in the accommodation process, the City may hire outside consultants, such as physical and
occupational therapists, to help determine reasonable accommodations. Employees are expected to
cooperate with such individuals as part of the interactive process.
If an employee is not satisfied with City’s response to an accommodation request, the City encourages the
employee to promptly to discuss their concerns with an EEO Officer.
2-4 Religious Accommodation and Prohibition on Discrimination
In accordance with federal and state law, the City will make reasonable accommodations for employee
observance of religious holidays and for sincerely held religious beliefs in accordance with applicable federal
and state law.
Such accommodations may include, without limitation,
1. Scheduling changes or allowing the use of paid or unpaid time off to accommodate religious holidays,
the observance of Saturday or Sunday Sabbath, etc.;
2. Allowing the wearing of religious dress.
Employee requests for a religious accommodation should be made in writing to HR. HR will assist employees
in completing the form at their request.
Employee requests for a scheduling change should be made as far in advance as possible so that the City can
avoid a disruption in operations.
In accordance with Utah law, the City will not discharge, demote, terminate, or refuse to hire any person, or
retaliate against, harass, or discriminate in matters of compensation, privileges, and conditions of
employment against any person for lawful expression or expressive activity outside of the workplace
regarding the person’s religious, political, or personal convictions, including convictions about marriage,
family, or sexuality, unless the lawful expression or expressive activity is in direct conflict with the City’s
essential business-related interests or policies.
In addition, the City expects its employees to be respectful of the religious, political, or personal convictions,
including convictions about marriage, family, or sexuality, of others and, after considering the relevant
circumstances, may take corrective or disciplinary action against employees who discriminate against, harass,
ridicule, or engage in other inappropriate behavior against another employee on the basis of their own or
another’s religious, political, or personal convictions.
2-5 Pregnancy Accommodation
The City will make reasonable accommodations for job modifications because of medical conditions or
restrictions due to pregnancy or childbirth in accordance with applicable federal and state law, consistent
with accommodations it provides to others with limitations unrelated to pregnancy, childbirth, or related
medical conditions. Such accommodations may include, without limitation,
1. Accommodating lifting or other physical restrictions;
2. Temporary transfers to vacant, funded positions for which the employee is qualified;
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3. Leaves of absence under the Family and Medical Leave Act or other available leave policy.
Employee’s requesting an accommodation based on pregnancy, childbirth, or related medical condition,
should make a request in writing to HR. HR will assist employees in completing the form at their request.
Depending on the circumstances, the City may request medical documentation to support the request for
accommodation and to evaluate and process the accommodation request.
2-6 Accommodations for Nursing Mothers
In support of breastfeeding women, the City will provide a reasonable amount of break time to accommodate
an employee desiring to express breast milk or breastfeed for at least one year after birth, in accordance with
and to the extent required by applicable law. (Utah Code Annotated Section 34-49-202.) The break time, if
possible, must run concurrently with rest and meal periods already provided to the employee. If the break
time cannot run concurrently with rest and meal periods already provided to the employee, the break time
will be unpaid, subject to applicable law.
The City will make reasonable efforts to provide employees with the use of a private room with a refrigerator
for the employee to express milk or for breast feeding purposes for at least one year after birth. This location
may be the employee's private office, if applicable, but may not be a bathroom or toilet stall and shall be
maintained in a clean and sanitary condition with an electrical outlet. The City may not be able to provide
additional break time if doing so would seriously disrupt the City's operations, subject to applicable law.
Employees should advise management and HR if they need break time and an area for this purpose.
Employees will not be discriminated against or retaliated against for exercising their rights under this policy.
Employees should consult the HR Department with questions regarding this policy.
2-7 I-9 Compliance
In accordance with federal law, the City is committed to employing only United States citizens and aliens who
are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or
national origin. As required by the Department of Homeland Security, U.S. Citizenship and Immigration
Services, each employee, as a condition of employment, must complete the Employment Eligibility
Verification Form I-9 and present documentation establishing identity and employment eligibility. Former
employees who are rehired must also complete the form if they have not completed an I-9 with the City
within the past three years, or if their previous I-9 is no longer retained or valid.
The City may use the federal E-Verify or other authorized system to verify the work status of all job applicants
who are offered employment, to re-verify an employee with expiring employment authorization, and as
otherwise allowed or required by law.
Employees with questions or concerns about immigration law compliance, should contact HR. The City’s
policy against retaliation applies to any complaints or other communications relating to I-9 compliance and
related issues.
2-8 Retaliation Prohibited
The City strictly prohibits retaliation against any employee, job applicant, or witness who makes a complaint
about harassment, discrimination, or other violation of City’s equal employment opportunity policy or who
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provides information during an investigation. Any employee, including any manager or supervisor, who
retaliates against another employee or client in violation of this policy is subject to disciplinary action.
2-9 Complaint Procedure
Each employee is responsible for creating an atmosphere free of discrimination and harassment, sexual or
otherwise unlawful conduct, and for respecting the rights of their coworkers.
1. If an employee feels that they have been subjected to conduct which violates this policy, they should
immediately report the matter to their supervisor, or if the supervisor is the offending person, to HR
or one of the City’s EEO Officers as identified on page three of this Employee Handbook. Failure to
report any conduct that an employee believes may violate this policy may affect the employee’s legal
rights. Please note that it may be difficult for the City to investigate anonymous claims of harassment
or discrimination;
2. Every report of perceived harassment will be investigated, and corrective action will be taken where
appropriate;
3. All complaints will be kept confidential to the extent possible, but confidentiality cannot be
guaranteed. The investigation will be handled in a confidential manner with information disseminated
on a strict need-to-know basis. Every employee who is given information regarding the complaint will
be informed of the need to preserve the confidentiality of the information they receive;
4. In compliance with Section 2-7 above, any employee of the City who is accused of harassment shall
not question, coerce, intimidate, or retaliate in any way against the employee who has filed a
complaint or against employees who have provided information concerning the complaint. If an
employee feels they have been subjected to any such retaliation, they should report it in the same
manner in which the employee would report a claim of perceived harassment under this policy;
5. All employees shall fully cooperate in any investigation of harassment or retaliation. Disciplinary
action will be taken against any employee who obstructs or does not fully cooperate with any
investigation of harassment or retaliation.
Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up to and
including discharge.
2-10 Administration by EEO Officer
Employees with questions or concerns about the City’s equal employment opportunity policies, as set out
above, should contact HR or an EEO Officer. Please note that the City Manager/Personnel Officer is the City’s
Chief EEO Officer and may delegate some or all of their duties to another EEO Officer designed by the City.
The above equal employment opportunity policies are governed by applicable federal, state, and local laws
that prohibit discrimination in employment. If any conflict exists between this policy and the governing laws,
those laws will control. The above equal employment opportunity policies and procedures do not expand
protection beyond that required by applicable federal, state or local law and do not create any contractual
rights or obligations between employees and the City.
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Section 3 – Workplace Violence
3-1 Treating Others with Respect / Anti-Bullying
The City expects its employees to treat each other and the general public with respect and dignity. Bullying
and similar offensive conduct may lead to a deterioration in quality of work, increased absenteeism, lack of
communication and teamwork, and lack of commitment to an employee’s job and to the City. It also can
cause stress-related illness, leading to increased medical costs and possible worker’s compensation claims.
Bullying breaches principles of equality and fairness and may represent an abuse of power and authority.
Bullying not only affects the person subjected to the inappropriate conduct but also others in the workplace
who witness bullying or other disrespectful behavior.
Context is important in understanding bullying. Bullying behavior generally is persistent and part of a pattern
but may, in extreme circumstances, occur as a result of a single incident. Depending on the circumstances,
examples of bullying may include:
1. Abusive and offensive language;
2. Insults;
3. Teasing;
4. Spreading rumors, gossiping, and innuendo;
5. Unreasonable criticism or trivializing someone’s work and accomplishments;
6. Unfair blame for mistakes;
7. Practical jokes or using someone as a butt of jokes;
8. Public criticism;
9. Ridiculing or maligning a person or their family;
10. Persistent name calling that is hurtful, insulting, or humiliating;
11. Manipulating the ability of someone to do their work (e.g., overloading, underloading, withholding
information, banning from meetings, unreasonable deadlines, etc.);
12. Socially or physically excluding or disregarding a person in work-related activities;
13. Pushing, shoving, tripping, nonverbal threatening gestures, glaring, or damage to someone’s
workspace or property;
14. Mobbing (bullying behavior carried out by a group of individuals).
Employees should report incidents of bullying, whether directed at themselves or at others, to the
employee’s supervisor, or if the supervisor is the offending person, to HR or one of the City’s EEO Officers as
identified on page three of this Employee Handbook. Failure to report any conduct that an employee believes
may violate this policy may affect the employee’s legal rights. The City will investigate and take disciplinary
action as it deems appropriate under the circumstances.
Supervisors and managers must be able to provide feedback, appropriate criticism, and disciplinary action to
employees where needed to improve job performance or to correct inappropriate behavior. Nothing in this
policy is intended to prevent supervisors and managers from taking such actions. However, if an employee
believes that a supervisor or manager’s conduct violates this policy, they are encouraged to report it to an HR
or an EEO Officer.
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3-2 Workplace Violence
The City is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk
of personal injury to employees and damage to the City and personal property.
A. Prohibited Conduct
Threats, threatening language or any other acts of aggression or violence made toward or by any City
employee WILL NOT BE TOLERATED. For purposes of this policy, a threat includes any verbal or physical
harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures, flashing
of weapons, stalking or any other hostile, aggressive, injurious or destructive action undertaken for the
purpose of domination or intimidation. To the extent permitted by law, employees and visitors are
prohibited from carrying weapons onto City premises.
B. Procedures for Reporting a Threat
All potentially dangerous situations, including threats by co-workers, should be reported immediately to
any member of management with whom the employee feels comfortable or the Police Department. The
City will maintain confidential all reports of threats to the extent maintaining confidentiality does not
impede the City’s ability to investigate and respond to the complaints. All threats will be promptly
investigated. All employees must cooperate with all investigations. No employee will be subjected to
retaliation, intimidation or disciplinary action as a result of reporting a threat in good faith under this
policy.
If the City determines, after an investigation, that an employee has violated this policy, the City will take
appropriate disciplinary action.
If an employee is the recipient of a threat made by an outside party, that employee should follow the
steps detailed in this section to report that conduct. The City intends to take effective measures to
protect everyone from the threat of a violent act by an employee or by anyone else.
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Section 4 – General Employment Issues
4-1 Employee Liability
An employee who becomes aware of any occurrence which may give rise to a lawsuit, who receives a notice
of claim, or is sued because of an incident related to their employment, or receives a subpoena with regard to
their employment or job duties shall immediately notify all of the following individuals: the City Attorney,
their supervisor, their Department Head, and the City Manager/Personnel Officer and/or Assistant City
Manager/Personnel Officer. In most cases, under provisions of the Governmental Immunity Act (Utah Code
Annotated Section 63G, Chapter 7 et. seq.), employees shall receive defense and indemnification unless the
case involves fraud, malice, or the use of alcohol or drugs or conduct not within the scope of employment by
the employee. If a lawsuit results against an employee, the Governmental Immunity Act stipulates that the
employee must request a defense from the City in writing within ten (10) calendar days of receipt of the
lawsuit.
4-2 Employee Civil Action Legal Defense, Indemnity
1. Pursuant to the Utah Governmental Immunity Act (Utah Code Annotated Section 63G, Chapter 7 et.
seq.) all employees that are named as a defendant in a civil lawsuit arising out of an act or omission
occurring during the performance of employee duties; within the scope of employment; or under
color of authority are entitled to legal defense by the City at no cost to the employee, provided the
employee complies with the provisions of the law.
2. A request for indemnity shall be made by the employee in writing within ten days of the service of the
summons, complaint, or other process on the employee, or such longer period of time as will not
prejudice the ability of the City or its insurance carrier to defend the lawsuit.
3. Should an employee fail to timely request defense or fail to cooperate in the defense of the lawsuit
the City may elect to withdraw from defense of the lawsuit. In that event the employee will be solely
responsible for the defense of the lawsuit, any costs of defense, and any judgment or settlement that
may result against the employee.
4. The City may decline to defend should it appear that the lawsuit does not allege conduct falling within
the course and scope of employment. Alternatively, the City may defend subject to a reservation of
its rights, which means that it may defend pending a determination of whether the act or omission
subject to the suit occurred during the course and scope of the employee’s duties. If it is later
determined that the act or omission did not occur as part of the employee’s official duties, the City
will not be obligated to pay any judgment or settlement that results from the lawsuit. In that case the
employee will be responsible for payment.
5. Employees are advised that under state law, lawsuits derived from an employee driving under the
influence of alcohol or drugs, or suits in which the employee engages in intentional misconduct,
fraud, or malicious acts are not subject to defense or indemnity by the City.
6. The City shall pay any judgment or settlement against an employee where it undertakes defense and
that defense is not subject to a reservation of rights.
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4-3 Employee Criminal Action Legal Defense Costs
1. Criminal Actions: As permitted by state law, all employees that are named a defendant in a criminal
action are not entitled to legal defense by the City, even if the act or omission occurred during the
performance of the employee’s duties, within the scope of employment, or under color of authority.
Employees that are prosecuted for these acts must retain and pay for their own legal counsel. If the
charge is based upon acts or omissions occurring during the performance of official duties, within the
scope of employment, or under color of authority, and the prosecution is dismissed on motion of the
defense, results in a judgment of acquittal, or if an information is quashed, the employee may recover
from the City reasonable attorney fees and court costs necessarily incurred in the matter. However,
the employee is not entitled to reimbursement of any attorney fees and costs where the case is
dismissed by motion of the prosecuting attorney.
2. If an employee is acquitted of some of the charges but convicted on others, the employee shall be
entitled to reimbursement for that portion of their reasonable defense costs necessarily incurred
which are attributed to the defense of the counts that were dismissed or for which the employee was
acquitted, except that if the underlying conduct is substantially the same for both the counts resulting
in conviction and the counts that are dismissed there is no right of reimbursement at all.
3. It is the policy of the City to reimburse employees for defense costs only to the extent required by
law. Employees are advised that unreasonable, unnecessary, or excessive legal expenses will not be
reimbursed. In evaluating a claim for reimbursement the City will carefully scrutinize legal bills based
upon the seriousness of the charge, the time necessary to prepare for trial, whether or not the case
went to trial, the extent of pre-trial motions and hearings, the reasonableness of the attorney’s
hourly rate, and related factors. In no instance will the City reimburse for attorney fees in excess of
$250.00 per hour, unless the rate is approved by action of the City Council in advance. If the City
declines to reimburse, or should it reimburse only in part, the employee will be solely responsible for
payment of any remainder. The City will not reimburse for interest on unpaid attorney fee accounts.
4-4 Confidentiality
In order to maintain City operations, unless authorized, employees are not to disclose non-public City
information. Unless authorized, City employees shall not interfere with, offer advice upon, or otherwise
make comments regarding any incident surrounding a City legal issue, pending court case regarding City
business, or employee disciplinary action to the public or other City employees. Inappropriate release or
discussion of confidential City information to unauthorized individuals will result in disciplinary action and
possible termination. City employees are to refer press inquiries to the City’s Communications and
Engagement Manager.
Nothing in this Section is intended to interfere with or limit an employee’s rights under Section 7 of the
National Labor Relations Act (see Section 1-3 above).
4-5 Separation from Employment
Employees who voluntarily resign may receive an exit interview administered by the Department Head, HR
Director, or designee. Employees who resign and desire to remain in good standing with the City should give a
minimum of two (2) weeks notice. Otherwise, the employee may not be considered for re-employment at a
future date. Such notice should be given in writing to the employee’s supervisor and Department Head.
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Proper notice generally allows the City enough time to calculate vacation payout, compensatory time and/or
other monies to which the employee may be entitled and to include such monies in the final paycheck. At the
time of termination, the employee will return all City uniforms, keys, identification tags, badges, and other
issued City equipment. Employees should also leave a forwarding address with the HR Department for the
mailing of the W-2 at the end of the year.
A. Retirement
A full-time employee with at least ten (10) years of service in the Utah Retirement System or five (5) years
of service at age 60 qualifies to be a retired employee. The age that qualifies an employee for full social
security benefits shall not be a traditional retirement age for employees. No employee will be required to
retire or be removed from City service on the basis of age or years of service except as allowed by law.
B. Retirement Gift
A full-time employee qualifying as a retired employee will also qualify to receive a retirement gift from
the City based on the following years of service:
Years of Service Gift Certificate Amount
1-9 Years $100
10-19 Years $200
20+ Years $300
Employees are urged to provide the City with a minimum of two months’ notice when they are nearing
retirement. This will allow ample time for the processing of appropriate pension forms to ensure that any
retirement benefits to which an employee may be entitled commence in a timely manner.
All outgoing employees are required to contact HR to ensure all necessary forms are completed and to
ensure all City property has been turned into their Department Head.
C. Life Insurance Continuation
The City's life insurance plan currently has a conversion option. When an employee leaves City
employment, they may be able to convert to an individual policy. Contact Human Resources for more
information.
D. Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act is designed to help ensure portability of health
coverage for individuals and families who move from one employer health benefit plan to another, and to
protect an employee’s health information. The act places several significant obligations on the City and
group health plan providers, including a requirement to issue a Certification of Credible Group Coverage
to employees and their eligible dependents when coverage under the City’s health plan ends. These
certifications provide documentation of prior coverage which terminating employees and their
dependents may need to reduce preexisting condition limitations when enrolling in a new health plan
benefit.
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4-6 Employee Service Credit / Reinstatement
"Length of service" refers to the length of time that City employees spend as active full-time employees with
the City. Service begins on the first day of full-time employment.
Length of service may be used in determining certain employee benefits, such as time-off benefits. Employees
will not lose credit for service with the City provided their last day of service was within 365 days of again
becoming an active employee. HR will discuss this issue with any rehired employee upon hire.
An employee who is reinstated to their former job and department may have their previous service
reinstated subject to all the following:
1. A position must be available;
2. The return date must be within one year of the termination date;
3. At the time of termination, the employee must have been in good standing with the City including but
not limited to: must have given the City a minimum of two weeks written notice of termination,
returned all City equipment, keys, uniforms, etc., and must not have been subject to disciplinary
action at the time of resignation;
4. The time between termination and the rehire date is not counted toward service time; and
5. In addition to reinstatement of their prior service for retirement vesting and vacation accrual, rehired
employees may have their prior forfeited sick-leave balances reinstated, following the successful
completion of the six-month probationary period.
If the employee meets the requirements for reinstatement, the rate of pay will be determined by the
Department Head and Human Resource Director with approval of the City Manager/Personnel Officer.
Employees who are reinstated by the City in a department, a field of work, or a position that is different from
their former employment with the City will not be entitled to any reinstated benefits.
4-7 Supervisor & Subordinate Relationships
The City does not allow romantic relationships, dating, or cohabitation between supervisors and subordinates
because of the potential for misunderstanding, miscommunication, misuse of authority, and negative effect
on employee morale in the workplace. For purposes of this policy, a supervisor includes any supervisor within
the same line of authority as the subordinate or any person charged with evaluating the subordinate. If such a
relationship develops, the supervisor involved is responsible to immediately disclose the existence of the
relationship in writing to the HR Director. Failure to adhere to this policy may be grounds for disciplinary
action.
4-8 Anti-Nepotism
The City complies with Title 52, Chapter 3, Utah Code Annotated, concerning the prohibition of the
employment of relatives. Therefore, the City prohibits any person holding any position, to appoint, vote for
the appointment of, directly supervise, be in the line of supervision of, or be directly supervised by their
father, mother, husband, wife, son, daughter, brother, sister, uncle, aunt, nephew, niece, first cousin, father-
in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
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Volunteers providing services to the City are excluded from this provision. Employees shall not be supervised
by a family member, whether the supervisory role is formal or informal. Family members will not be given
preference or advantage during the recruitment, interview and selection processes.
The City Manager/Personnel Officer’s approval is required for any new hire of employees related to current
City employees, regardless of whether they would be in a supervisory relationship.
Failure to adhere to this policy may be grounds for disciplinary action.
4-9 Volunteer Positions
An individual who performs hours of service for the City for civic, charitable, or humanitarian reasons, without
promise, expectation, or receipt of compensation is considered to be a volunteer. In order to be compliant
with Department of Labor regulations, employee volunteers will not perform volunteer work similar to the
paid job they perform for the City. Non-employee volunteers may not perform volunteer duties that a City
employee is paid to perform. All volunteer agreements will be documented in writing and reviewed by the
City Attorney. Any volunteers whose duties will or may include the care, custody, or control of children will
also be subject to a background check and drug screening.
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Section 5 - Operational Policies
5-1 Recruitment/Job Posting/Selection Policy
A. General Policy
The City desires to fill all positions with the most qualified applicant. Further, it is the intent of the City to
consider qualified in-house applicants when appropriate.
B. Job Postings
Before any job opening can be advertised, the request to post the job must be made to the Personnel
Officer, be in writing and be approved. Positions generally are then posted by the HR Department.
Generally, job openings will be posted in-house for a minimum of five days by the HR Director. If the City
elects not to fill the position with a City employee, the position will be posted for a minimum of fourteen
days on the City website and any other applicable locations. Job openings may be posted in-house and
externally at the same time for a minimum of seven (7) days if desired by the Department Head. Further,
positions may be filled with applicants from a position that had met the posting requirements within the
prior six months. Not all positions are guaranteed to be posted. Except as set forth above, no external job
offers will be extended prior to the posting requirement.
The City reserves the right to seek the most qualified candidate for any given position. Accordingly, the
City reserves the right to seek applicants solely from outside sources. Nothing in this policy shall require
the City to offer a position to an existing employee applicant if the City believes it is in the City’s best
interests to post the position externally and seek candidates from outside the City’s current employees.
Once the posting period has been satisfied, HR and the applicable Department Head will review the
applications. All internal and external candidates shall be required to apply on-line and submit other
supporting documents (e.g., transcripts, certifications, licenses,) as may be required.
The City is dedicated to assisting employees in managing their careers and reaching their professional
goals through promotion and transfer opportunities. This policy outlines the on-line job posting program
which is in place for all employees. To be eligible to apply for an open position, employees must meet the
following requirements:
1. Be a current, regular, full-time or part-time employee;
2. Have been in their current position for at least six months;
3. Maintain a performance rating of satisfactory or above;
4. Not be on an employee conduct/performance-related probation or warning;
5. Meet the job qualifications listed on the job posting; and
6. Provide the employee's manager with notice prior to applying for the position
If an employee finds a position of interest on the job posting website and meets the eligibility
requirements, the employee must complete and submit an on-line job posting application in order to be
considered for the position.
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For more specific information about the program, please contact the Human Resources Department.
C. Application Requirements
In general, the following application process is followed for all job postings. City employees are
encouraged to apply for any posted position:
1. All applicants for employment with the City shall complete a City application form and are
required to comply with the specific application process for each position. The applicant must
submit all applications to the Human Resource Director by the closing date of the posted position.
2. The City accepts applications for open positions from all interested qualified parties and evaluates
applicants based upon job criteria. All applicants must apply for a specific, open position.
3. All applications from every job candidate must be reviewed by the Human Resource Director
before any interviewing or hiring takes place. The Human Resource Director will accept
applications for the open position until the specified closing date of the job. Once the job has
closed, the Human Resource Director will screen all applications for minimum qualifications. The
Human Resource Department shall keep all applications in accordance with the State Records
Retention Schedule.
4. Once the most qualified applicants have been identified, a validated process consistent with
departmental needs will be used. The Human Resource Director will schedule interviews with the
Department Head and applicable interview committee members and notify candidates. All
interviews will be documented using Human Resource selection criteria. The Human Resource
Director, Department Head and interview committee shall develop a hiring recommendation
based on the results of the interview process. All selection interview forms and applications will
be returned and retained by the Human Resource Department.
5. The City is committed to employing only United States citizens and aliens who are authorized to
work in the United States, but does not unlawfully discriminate on the basis of citizenship or
national origin. In compliance with the Immigration Reform and Control Act of 1986, and Section
2-6 above, each new employee, as a condition of employment, must complete the Employment
Eligibility Verification Form I-9 and present documentation establishing identity and employment
eligibility. Failure to present proper or adequate documentation required within three (3) working
days from the date of hire will result in termination of employment. Former employees who are
rehired after 24 months from separation must also complete an I-9 form.
6. Falsification of or provision of any inaccurate information required in the application process is
grounds for immediate disqualification or, if employed, termination of employment.
D. Selection Procedures
Job applicants may be required to take tests which the City deems necessary for a specific position. The
City will comply with applicable federal and state laws to establish the validity of any required testing
procedures.
E. Job Offer Requirements
The Department Head will make the final candidate recommendation and consult with the Human
Resource Director to determine the appropriate salary range for the position. The Human Resource
Director may recommend a salary that is between the minimum and midpoint of the designated salary
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range dependent upon qualifications. With justification, the City Manager/Personnel Officer may approve
salary offers above the midpoint of the salary range. The City Manager/Personnel Officer must approve
all hiring requests prior to any job offer. Once a candidate is approved for hire, and a conditional offer of
employment has been extended by the Human Resource Director and has been signed by the candidate,
the candidate will be required to submit to drug testing, a background check, and a driver’s license check
and any other testing required by the departments and the position for which the candidate has been
hired.
Job offers to all candidates (internal or external) will be contingent upon successfully passing the drug
screen, background check, and driver’s license check (if required by the position). Background checks that
have been completed within the last ninety (90) days will be accepted. It is the responsibility of the
Department Head to personally notify internal candidates of the hiring decision.
F. Veterans Preference
The City will comply with Title 71, Chapter 10, of the Utah Code Annotated regarding Veteran’s
Preference.
G. Resident Preference
A five percent scoring preference shall be given to a current City of Moab resident who meets all the
qualifications for the position.
H. Internal Hiring
If a current employee is hired for another position in the City, the employee’s previous supervisor shall be
given a minimum of two (2) weeks notice of the employee’s acceptance of the new position. An employee
may be retained in a current position for up to thirty (30) calendar days in order to give time to recruit
and train a replacement. Any deviation from this policy must be approved by the City Manager/Personnel
Officer.
A Personnel Action Form must be submitted to the Human Resource Department with the successful
application, drug screen, driver’s license check (if applicable), and background check, and any additional
information immediately following the acceptance of the job offer by the candidate and prior to the
candidate being entered into the payroll system.
5-2 Current Address
Employees are responsible for making sure the Human Resources Department has their most current home
address.
5-3 Reimbursement for Travel Expenses
The City will pay travel-related expenses incurred by employees for the purpose of conducting City business
within the scope of this policy. Travel must be pre-authorized by a supervisor and must have a clear City
government purpose. Any travel outside the state of Utah must be approved, in advance, by the City
Manager/Personnel Officer. For the purposes of this policy, travel to Grand Junction, Colorado will be
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considered in-state travel and will not require pre-authorization of the City Manager/Personnel Officer. Travel
expenses must be included in the annual budget for each department anticipating travel, as part of the
budget process. Trips that would cause the budgeted amount to be exceeded must have the approval of the
City Manager/Personnel Officer and/or City Council.
This policy applies to all City employees, elected and appointed officials as well as City appointed board
members. For elected and appointed officials as well as City appointed board members, travel shall be pre-
authorized by the City Manager.
Reasonable travel time for call-back duty, emergency response, travel between work sites or traveling out of
town on business during the normal work schedule or working hours is compensable time and shall be
payable to the employee subject to the applicable terms and conditions of the federal Fair Labor Standards
Act (FLSA).
A. Overnight, Out-of-Town Trips
Non-exempt employees will be compensated for time spent traveling (except for meal periods) during
their normal working hours (e.g., 8:00 am to 5:00 pm), on days they are scheduled to work and on
unscheduled workdays (such as weekends). Non-exempt employees also will be paid for any time spent
performing job duties during otherwise non-compensable travel time; however, such work should be
limited absent advance management authorization.
B. Out-of-Town Trips for One Day
Non-exempt employees who travel out of town for a one-day assignment will be paid for all travel time,
except for, among other things:
1. Time spent traveling between the employee's home and the local public transportation; and
2. Meal periods.
C. Local Travel
Non-exempt employees will be compensated for time spent traveling from one job site to another job site
during a workday. The trip from home to the worksite and from the last worksite of the day to home,
however, is non-compensable when an employee goes directly from their home to the job site, unless it is
much longer than their regular commute home from the regular worksite. In such case, the portion of the
trip to and from home in excess of the regular commute is compensable.
D. Commuting Time
Under the Portal to Portal Act, travel from home to work and from work to home is generally non-
compensable. However, if a non-exempt employee regularly reports to a worksite near their home but is
required to report to a worksite farther away than the regular worksite, the additional time spent
traveling is compensable.
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If compensable travel time results in more than 40 hours worked by a non-exempt employee, the
employee will be compensated at an overtime rate of one and one-half times the regular rate or
compensatory time, as set forth above.
Each position is classified as either FLSA Non-exempt or FLSA Exempt. Those employees classified as FLSA
Non-Exempt are covered by the minimum wage and overtime provisions of the Fair Labor Standards Act
(FLSA). Those who are FLSA Exempt are protected from improper or illegal salary deductions.
Process
1. All travel for City business outside a 50-mile radius of the City of Moab shall be requested on a travel
request form and be pre-authorized by the employee’s Department Head.
2. Whenever possible, City vehicles will be used for travel associated with City business. Overnight use
of any City vehicle must be pre-approved by the employee’s Department Head.
3. Travel expenses must be included in the annual budget for each department anticipating travel, as
part of the budget process. Trips that would cause the budgeted amount to be exceeded must have
the approval of the City Manager/Personnel Officer and/or City Council.
4. Approval process: All travel must be approved by the employee’s supervisor in advance through a
travel request. Travel requests must include: 1) the purpose of the trip; 2) an estimate of all costs
associated with the trip; and 3) a draft agenda or registration form (if applicable).
5. Employees may use their personal vehicle for City business as circumstances warrant and will be
reimbursed for mileage in accordance with the following:
● Calculated mileage will be to and from the destination beginning at 217 East Center Street, Moab
UT 84532.
● Mileage reimbursement requests must be signed by the employee’s Department Head.
● Reimbursement for the use of a personal vehicle shall be at the rate adopted annually by the
state of Utah.
6. If a commercial airline is used, tourist or economy fare must be used if available.
7. If railway or bus is used, first class fare, plus necessary lower berth or roomette is allowable.
However, coach facilities, when considered reasonable and satisfactory, should be used whenever
possible.
8. Personal cars may be used if advantageous to the City. When a personal car is used for trips used in
excess of 50 miles (one way) from the City, the City reimbursement for the use of the car plus meals
and lodging required in route shall not exceed the cost of economy class air fare. Reimbursement for
the use of a personal vehicle shall be at the rate adopted annually by the state of Utah.
9. A rental car will be authorized only if it is determined to be the most cost-effective means of
transportation while away on City business.
E. Meal Per Diem:
Employees shall be paid meal per diem for City related travel in accordance with the following:
1. The daily meal per diem is as follows:
a. Travel requiring less than eight hours - $13.00
b. Travel requiring eight to twelve hours - $30.00
c. Travel requiring more than twelve hours - $50.00
d. No incidentals will be included in the above calculation.
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F. Travel Request
All travel must be approved by the employee’s supervisor in advance through a travel request. Travel
requests must include:
1. The purpose of the trip;
2. An estimate of all costs associated with the trip; and
3. A draft agenda or registration form (if applicable).
The per diem allowance may be paid (in advance of travel) to the employee within five days of receipt of
an approved travel request by the Recorder’s Office. Expense statements must be approved by the
employee’s supervisor within five days of the completion of travel and then submitted for approval to the
City Manager/Personnel Officer. Reports combining expenses for multiple individuals must include the
names and titles of those individuals. Receipts or affidavits for expenditures shall be required
for:
1. All commercial air, railway, bus or boat transportation
2. All lodging
3. Repairs or fuel for City vehicles
4. All extraordinary expenses, including but not limited to:
a. Purchase of incidental supplies;
b. Purchase of publications; and
c. Registration fees
G. Transportation Costs
If a commercial airline is used, tourist or economy fare must be requested and used if available. First class
fare will be allowed only on the basis that tourist or economy space was not available between specified
points. If railway or bus is used, first class fare, plus necessary lower berth or roomette is allowable.
However, coach facilities, when considered reasonable and satisfactory accommodations, should be used.
Personal vehicles may be used if deemed economical or advantageous to the City. When a personal
vehicle is used for long trips, reimbursement for the vehicles used, meals and lodging required in route
shall not exceed the cost of tourist or economy airfare. Reimbursement for the use of a personal vehicle
shall be at the rate adopted annually by the state of Utah.
City employees who must use a vehicle to travel shall use a city vehicle whenever practicable. Use of
private vehicles for city travel purposes shall be permitted when it is advantageous to the City, and upon
approval by the Department Head and City Manager/Personnel Officer.
H. Motorcycles
Motorcycles are not approved modes of transportation for City business and travel. Employees will not be
compensated for hours or mileage for motorcycle travel and may be subjected to disciplinary action for
violating this policy.
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I. Other Costs
Toll road charges, storage charges, rental fees, taxi charges and other charges deemed appropriate may
be reimbursed when incurred while on authorized City business.
5-4 Employee Employment Records
The City maintains personnel files on each employee. These files contain documentation regarding all aspects
of the employee’s tenure with the City, such as performance appraisals, beneficiary designation forms,
disciplinary warning notices, and letters of commendation. If an employee is interested in reviewing their file,
they may contact the Human Resource Department to schedule an appointment.
An employee’s personnel file is a permanent record. However, written warnings and other disciplinary actions
may be removed from the employee’s file if warranted or follow-up progress reports may be attached by a
supervisor if appropriate. In addition, an employee has the right to attach their own comments to anything in
their personnel file.
Employees should keep their personnel files up to date by informing the Human Resource Director of any
changes. The employee also should inform the Human Resource Director of any specialized training or skills
they may acquire in the future, as well as any changes to any required visas. Unreported changes of address,
marital status, dependent changes, etc. can affect withholding tax and benefit coverage. Further, an "out of
date" emergency contact or an inability to reach the employee in a crisis could cause a severe health or safety
risk or other significant problem.
5-5 Working Hours and Schedule
The City is normally open for business from 8:00 am to 5:00 pm, Monday through Friday. Employees will be
assigned a work schedule by their supervisor or Department Head and will be expected to begin and end
work according to that schedule. To accommodate the needs of the City’s business, the City may need to
change individual work schedules on either a short-term or long-term basis.
Employees will be provided meal and rest periods as required by law.
5-6 Performance Review
Evaluations of employee job performance should be performed by a supervisor or Department Head at the
end of the employee's Probationary Period and annually on the employment date of the employee. Other
periodic evaluations of employee performance may be performed by a supervisor or Department Head.
5-7 Position Title Changes
Any change to a position title must be reviewed by Human Resources and approved by the City
Manager/Personnel Officer prior to the change.
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5-8 Advanced Education And/or Certification Documentation
Any employee obtaining City sponsored or required advanced degrees, training, licenses, or certifications
must submit copies to the Human Resource Department immediately upon completion.
5-9 Internships and Cooperative Education Positions
Internships and cooperative education positions within the City are positions that allow high school or college
students or recent graduates to receive on-the-job training. Individuals holding internships or cooperative
education positions within the City may be treated as part-time, temporary, or seasonal employees at the
discretion of the Department Head as approved by the Human Resource Director and City
Manager/Personnel Officer.
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Section 6 – General Payroll Practices
6-1 Employee Classification Definitions
For purposes of this Handbook, all employees fall within one of the classifications below.
A. Full-Time Employees
Employees who regularly work at least 40 hours per week who were not hired on a short-term basis with
full participation in employee benefits based on full-time status.
B. 3/4-Time Employees
Employees who regularly work at least 32 hours per week who are not hired on a short-term basis with
full participation in employee benefits based on full-time status.
C. Part-Time Employees
Employees regularly scheduled to work less than 30 hours per week, and who are not categorized as
seasonal or temporary. Employees working less than 30 hours per week shall not be eligible for any
benefits except as required by law.
D. Seasonal Employee
A temporary employee, not in the classified service, who works during a defined period of a calendar
year, not to exceed six months. Seasonal employees generally are not eligible for City benefits except as
required by law.
E. Temporary Employees
Employees who were hired for a specific short-term project, or on a short-term temporary basis.
Temporary Employees generally are not eligible for City benefits except as required by law.
F. Introductory Employees
Employees whose performance is being evaluated and determined whether further employment or
retention in a specific position with the City is appropriate. See Probationary Period in Section 7.2(F)
below.
G. Temporary Employment Agency
Employees hired through outside employment agencies to work at the City to supplement the work force
or to assist in the completion of a specific project and whose employment is limited in duration.
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Temporary employment assignments will not exceed beyond six (6) months in a fiscal year. Temporary
employees are not eligible for City benefits except as otherwise required by law. Temporary employees
may be terminated at-will, without cause or prior notice.
H. Non-Exempt Employees
Employees who are entitled to receive overtime pay or compensatory time for hours worked over 40 in a
workweek as defined by the Fair Labor Standards Act. The City follows the provisions set-forth in Section
553.25 of the Department of Labor “Conditions for use of compensatory time.” The employee will be
informed of these classifications upon hire and informed of any subsequent changes to the classifications.
I. Exempt Employees
Exempt employees perform work that is executive, administrative, or professional in nature and requires
regular exercise of discretion and independent judgment. The employee will be informed of these
classifications upon hire and informed of any subsequent changes to the classifications.
6-2 Non-Exempt Employees
Employees who are classified as a non-exempt employee, will be paid one and one-half times their regular
hourly rate of pay for all hours worked in excess of the forty (40) hours within a seven (7) day workweek,
excluding leave and holiday time. Any Public Safety employee who works overtime will be compensated at
the rate of one and one-half times (1.5) their normal hourly wage for all time worked in excess of eighty-six
(86) hours in each two-week period, unless otherwise required by law. All non-exempt employees are
required to report a minimum combination of forty (40) hours per week including time worked, holiday hours
and leave time.
Each workweek stands alone in computing hours worked (except for Public Safety). Averaging hours worked
over two or more periods will not be allowed. Employee’s supervisors will attempt to provide employees with
reasonable notice when the need for overtime work arises. Please note that advance notice may not always
be possible.
Employees must obtain prior approval from their Department Head for overtime. Failure to work scheduled
overtime or overtime worked without prior authorization from the Department Head may result in
disciplinary action up to and including possible termination of employment. It is each employee’s
responsibility to ensure that all hours worked are recorded in the correct work period. Working without
accurately recording work hours (including, without limitation, working off the clock) is prohibited and may
lead to disciplinary action up to and including termination of employment.
Eligible employees must make an election to receive overtime pay or compensatory time for hours worked in
excess of forty (40) hours in a workweek or 86 hours in a pay period for Public Safety, on an “Overtime
Compensation Election/Agreement Form” distributed annually by the Human Resource Department. This
election/agreement is made in July of each year and will remain in effect through the fiscal year unless
management makes a change. Any change made by management becomes effective in the next pay period
after notification of the change. Employees are responsible to record overtime or compensatory time
accurately on their timecards. The time recorded on the employee’s timecard will be the determining factor
as to whether the employee will be paid overtime, compensatory time, or leave time. Every timecard must be
signed by the employee and Department Head and initialed by the supervisor. If the type of pay on the
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employee’s timecard differs from the employee’s Overtime Compensation Election/Agreement Form, the
information recorded on the timecard controls the type of pay the employee will receive, unless it violates
the City’s leave policies and limitation on accrued compensatory time. Failure by the employee to accurately
record hours worked may result in loss of pay for that period and possible discipline.
6-3 Exempt Employees
Exempt employees are paid on a salary basis, as defined by law. Exempt employees are not eligible for
overtime or compensatory time. The City will not knowingly make improper or illegal deductions from an
exempt employee’s paycheck. If an exempt employee believes that an improper deduction has been made
from their paycheck, the employee should contact the Human Resource Department.
Employees classified as exempt salaried employees will receive a salary which is intended to compensate
them for all hours they may work for the City. This salary will be established at the time of hire or
classification as an exempt employee. While it may be subject to review and modification from time to time,
such as during salary review times, the salary will be a predetermined amount that will not be subject to
deductions for variations in the quantity or quality of the work performed.
Under federal and state law, salary is subject to certain deductions. For example, unless state law requires
otherwise, salary can be reduced for the following reasons:
1. Full-day absences for personal reasons, as allowed by applicable regulation;
2. Full-day absences for sickness or disability, as allowed by applicable regulation;
3. Full-day disciplinary suspensions for infractions of City written policies and procedures, as allowed by
federal regulation;
4. Family and Medical Leave absences (either full- or partial-day absences);
5. To offset amounts received as payment from the court for jury and witness fees or from the military
as military pay;
6. The first or last week of employment in the event the employee works less than a full week; and
7. Any full work week in which the employee does not perform any work.
Salary may also be reduced for certain types of deductions such as a portion of health, dental or life insurance
premiums; state, federal or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.
In any work week in which the employee performed any work, salary will not be reduced for any of the
following reasons:
1. Partial day absences for personal reasons, sickness or disability;
2. An absence because the employer has decided to close a facility on a scheduled work day;
3. Absences for jury duty, attendance as a witness, or military leave in any week in which the employee
performed any work (subject to any offsets as set forth above); and
4. Any other deductions prohibited by state or federal law.
While the City will not reduce an employee’s salary for partial-day absences for personal reasons, sickness,
vacation, or disability leave, the City may deduct any partial-day absence from an employee’s applicable leave
bank. Exempt employees are responsible for maintaining an accurate record of any partial day absences and
submit those records to Human Resources on request.
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If an employee believes they have been subject to any improper deductions, the employee should
immediately report the matter to the Human Resource Department.
6-4 Your Paycheck
Employees will be paid bi-weekly, every other Friday, for all the time worked during the past pay period. All
employee paychecks will be directly deposited in each employee’s specified bank account(s). When a payday
falls on a holiday, the payroll will be distributed the working day prior to the holiday
Payroll stubs itemize deductions made from gross earnings. By law, the City is required to make deductions
for Social Security, federal income tax and any other appropriate taxes. These required deductions also may
include any court-ordered garnishments or deductions for child support or alimony as required by the Utah
State Office of Recovery Services. Payroll stubs also will differentiate between regular pay received and
overtime pay received.
If there is an error in an employee's pay, the employee should bring the matter to the attention of the Human
Resource Director immediately so the City can resolve the matter.
6-5 Direct Deposit
The City requires employees to use direct deposit. Authorization forms are available from the Human
Resource Director.
6-6 Salary Advances
The City does not permit advances on paychecks or against accrued paid time off.
6-7 Payroll Deductions
Employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in
City approved programs. Deductions must be a minimum of $100 per year. Employees should promptly
review any discrepancies in payroll deductions with the Human Resources Department.
6-8 Garnishments
Upon receipt of a valid garnishment or an order from the Utah State Office of Recovery Services, the City shall
withhold the required portion of wages from an employee’s paycheck. The City shall continue to withhold the
garnishment wages until the order expires, a court order is received indicating satisfaction of the
indebtedness, or the City is ordered to surrender the monies to the court or its agent.
6-9 Rest Periods
Two (2) paid rest periods shall be authorized for each non-exempt employee during the regular workday. The
rest periods shall be taken at a time or times specified by either the supervisor or Department Head and shall
not exceed a period of fifteen (15) minutes per rest period.
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6-10 Lunch Periods
Employees may be eligible for an unpaid lunch break at a length of time approved by the Department Head.
Supervisors should establish a lunch schedule for all employees, generally between the hours of 11:00 a.m.
and 2:00 p.m. Employees are not allowed to skip their lunch period in order to arrive at work late or leave
work early without prior approval from the Department Head on an occasional basis (e.g., for a doctor’s
appointment, etc.)
6-11 Timekeeping Procedures
Employees must record their actual time worked for payroll and benefit purposes. All hours worked by an
employee must be timely submitted at the intervals required by the City whether through electronic means
or otherwise. Non-exempt employees must record the time work begins and ends, as well as the beginning
and ending time of any departure from work for any non-work-related reason, on forms as prescribed by
management.
Altering, falsifying or tampering with time records is prohibited and subjects the employee to discipline, up to
and including discharge.
Exempt employees are required to record their daily work attendance and report full and partial days of
absence from work for reasons such as leaves of absence, sick leave or personal business.
Non-exempt employees may not start work until their scheduled starting time.
It is the employee's responsibility to approve time records to certify the accuracy of all time recorded. Any
errors in the time record should be reported immediately to a supervisor, who will attempt to correct
legitimate errors.
6-12 Work Week for Purposes of Calculating Overtime
The workweek for employees working five (5) days a week eight (8) hours a day or four (4) days a week ten
(10) hours a day, begins at 12:01 a.m. Monday and ends at 12 midnight on Sunday.
6-13 Overtime
During busy periods, additional work may be required from all employees. Supervisors are responsible for
monitoring operations and requesting overtime work if it is necessary. The City will make every effort to
provide employees with adequate advance notice in such situations. Full-time non-exempt employees will be
paid overtime for allowed compensatory time, as allowed and required by law.
6-14 Compensatory Time
As allowed by federal and state law, employees may use compensatory hours in lieu of overtime pay.
Compensatory hours may be accrued to a maximum of 100 hours per fiscal year. Once an employee reaches
the 100 hour annual max, the employee will then be paid at time and a half or all overtime hours worked for
the remainder of the fiscal year.
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6-15 Disaster Emergencies
In situations where the City Manager or Mayor or designee has formally declared a “Local State of
Emergency,” non-exempt employees who are required to work outside of, or in addition to, their normal
work schedule during the designated disaster may be paid at time and one-half for any emergency hours
worked. Hours worked under those conditions must be paid hours and cannot be used as compensatory time.
At such times, all employees will be considered disaster service workers and may be required to perform
other duties outside their normal job responsibilities.
6-16 Call Back or On-Call Compensation
Non-exempt employees called back to work during their scheduled workweek shall be entitled to call back
compensation for actual time worked. The minimum call back compensation shall be two hours. Call back
compensation will be calculated on a workweek basis and only time worked in excess of an employees’
specified workweek will be compensated at the overtime rate.
Employees of the City in the Public Works Department are required to serve in an “on-call” status and be
available for a call back to work for up to a week at a time during otherwise unscheduled, off-duty hours.
On-call status may be defined as limiting and/or restricting an employee’s personal activities to the degree
that an employee is unable to travel as desired and must be able to respond in the required timeframe to
after-hour City-related questions or emergencies. If an employee is placed on-call, the employee must be
available to be reached during the entire on-call shift and return to work if needed within 30 minutes of a call
or within the time limit specified by the Department supervisor.
It is the policy of the City to pay employees specifically designated as on-call a minimum of one (1) hour per
day (1.5 hours per day when in overtime status) in which they serve in a paid on-call or call back status. If an
employee serves less than one full workweek in this status, the number of hours of applicable overtime will
be prorated. When and if an employee performs actual work and service as a result of being called back to
work, the employee will be paid any additional hours worked, with a minimum of two hours pay.
The employee’s supervisor will notify the employee of the on-call schedule. If the employee is on-call and
cannot be reached or cannot come to work, the employee is not eligible for on-call pay. While on-call, no
employee shall consume alcoholic beverages or do anything to impair their ability to respond for duty.
6-17 Holiday Time
For pay purposes, holiday time not actually worked will be paid at straight time and will not be included as
time actually worked for overtime calculations.
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Section 7 – Compensation Policies
7-1 Pay for Performance
A. Salary Programs
The City is committed to maintaining wage ranges which are competitive with other communities of
comparable size and demographics. Annually, the Human Resource Department conducts a wage and
benefits survey of the relevant communities. Because not all City positions have matches in the
established market, a classification analysis may also be done on each City position in conjunction with
the market survey. This classification analysis considers such factors as education and experience
requirements, supervisory and financial responsibilities, level of risk in position and the analytical
requirements of the position.
The City Manager/Personnel Officer may recommend appropriate changes based on the market analysis
and classification analysis. Market adjustment recommendations may be made for specific job
classifications or for the City as a whole. Market adjustments are considered each fiscal year and
implemented July 1, if approved.
An employee’s total compensation at the City consists not only of their salary but also the various
benefits offered, such as group health and life insurance and retirement plans, as described later in this
Handbook. In accordance with IRS regulations, some fringe benefits such as meals, personal use of City
vehicles, nonexempt work clothing, etc. may be considered taxable income and may be included on pay
stubs and W-2’s. Employee’s questions regarding their salary should be directed to their supervisor,
Department Head or the Human Resource Department.
B. Cost of Living Adjustments (COLA)
The City may consider cost of living adjustments annually. The COLA is based on the change in the
Consumer Price Index (CPI) and is dependent on City Council approval. Should an adjustment be
approved, it would affect the pay scale as a whole, adjusting each range by the percentage amount
granted. COLA adjustments will be effective on the first full pay period of July. Part-time employees may
be eligible for cost of living adjustments only upon City Council approval.
C. Merit Increases
Employees may receive merit increases based on performance evaluations and according to availability of
funds as allocated by the City Council through the budget process. During an employee’s first year of
employment or first year in a newly hired position within the City, an employee may be eligible for a pay
increase at the completion of the Probationary Period as specified in Section 7.2(F) below.
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7.2 Compensation Management
A. Policy
Compensation for City employees shall be equitable and competitive with the market and in accordance
with the City's ability to pay. The compensation plan and pay rates shall be recommended by the City
Manager/Personnel Officer, Human Resource Director and/or Job Classification Committee for approval
by the Mayor and City Council.
B. General Wage & Salary Adjustments
It is the intent of the City to consider prevailing practices related to cost of living and market trends in
establishing wages and salaries which constitute the formal pay schedule. The amount of the rate
changes will ultimately be based upon the anticipated affect(s) upon the City budget. The Personnel
Officer, based upon final Mayoral and Council approval and after a public hearing process, will make final
recommendations of any changes to the salary scale. Where general, across-the-board adjustments are
approved, the change will be effective on a date determined and approved by the City Council. General
adjustments may affect the pay scale only, thus shifting the pay of all employees in relation to the
midpoint.
C. Cost of Living vs Market
Adjustments to the salary schedule may be determined periodically through analysis of market trends in
comparison to cost-of-living. This may be done once per year and the City may utilize either market
survey results or cost-of-living index data (federal) or a combination of both. All employees, regardless of
employment status, except those being red circled (frozen), shall receive the benefits of such general
COLA adjustments to the pay plan.
In determining the total compensation for any particular position, employee benefits must be considered.
Thus, an employee’s base salary plus cost of benefits constitutes total employee compensation. In
comparing benefit packages provided in the labor market, the City may evaluate both level and cost of
benefits or other factors as deemed appropriate.
D. Hourly Rates
Temporary full time and all part time, seasonal and emergency employees shall be paid at an hourly rate
no higher than that which is established for the position classification.
E. Initial Appointment
Initial appointments to positions assigned to salary ranges on the compensation plan shall normally be at
the minimum rate of the salary range. Exceptions may be allowed if:
1. An employee cannot be recruited for the position at the beginning rate, or
2. The qualifications of the individual selected for the position exceed the minimum requirements
and the individual can be expected to perform at a level equal to that of other individuals
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currently being paid at the same rate. In determining placement on the pay plan under
exception two, a newly hired employee may receive one percent for every year of directly
related experience which exceeds the number of years required to meet the minimum
qualifications, except that initial placement may not exceed 95% of the midpoint of the pay
range. Exceptions for Exempt initial appointments may be considered for approval by the
Personnel Officer by means of written justification showing extraordinary circumstances or
unique market challenges in filling Exempt positions.
Current City employees who are awarded new jobs through the recruitment process may receive one
percent for each year of directly related experience which exceeds the number of years required to meet
the minimum qualifications, except that initial placement may exceed the midpoint of the pay range if the
employee has over seven years of experience with the City. The Human Resources Director shall monitor
recommended starting rates for compliance to policy and must inform the City Manager/Personnel
Officer and Mayor and Council of appointments that are recommended to be made at rates higher than
the midpoint.
F. Probationary Period
All newly hired employees of the City are required to complete a six-month probationary period. During
the six-month period the supervisor shall conduct one or more formal performance appraisals. At the
conclusion of this probationary period and being retained the employee will be eligible for up to a three
percent (3%) increase on the salary range, provided they are retained as an employee and have
satisfactory performance reviews from the immediate supervisor or Department Head. Successful
completion of the probationary period results in the award of "regular" status to the employee, part-time
or full-time.
G. Promotion Probationary Period
Upon being promoted to a position in a higher classification (job track promotions), regular employees
are assigned a review date not to exceed six months from the date of promotion. On the date of
promotion, the employee will be eligible for at least a three percent (3%) increase within the salary range.
The employee shall retain the increase and the promotion, provided they demonstrate the expected level
of competence required to perform the higher-level position and receive a satisfactory performance
review from the immediate supervisor or Department Head. The amount of the pay increase may exceed
3% if adjusting to the minimum for the new pay range exceeds the 3% rule. If the promoted employee
fails to perform satisfactorily, termination could occur if there are no position vacancies for which the
employee is qualified.
H. Pay Progression
Progression through the various pay ranges within the salary and wage scale shall be based upon the
recommendation of the Department Head and the Human Resource Director with final approval given by
the City Manager/Personnel Officer. In making recommendations for pay progression, the Department
Head shall consider compliance with city policies and procedures, performance, level of competence and
job knowledge.
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Performance Score
<3 3-3.5 3.5-4 4.1-4.5 >4.5
Performance Adjustment
Employee pay rate falls below midpoint.
Increases are added to the Base Pay. 0.00% 1.50% 2.00% 2.50% 3.00%
Performance Incentive
Employee pay rate falls at or above midpoint.
Increases are added to the Base Pay. 0.00% 1.00% 1.00% 1.00% 1.00%
Employee pay rate falls at or above midpoint.
Award treated as a onetime bonus. 0.00% 0.00% 1.50% 2.00% 2.50%
I. Minimum to Midpoint Progression
Upon completion of the probationary period and receiving regular status with a pay adjustment,
employees shall be assigned a new annual performance review date by the Human Resources Director. It
is the objective of the City that employees acquire job skills that are considered full performance level
within their job classification by the time they arrive at the midpoint of the pay range of the job
classification in which they are hired to perform. It is the responsibility of the Department Head and
immediate supervisor to identify the essential skills, competence, and quality of work that will satisfy the
“full performance” requirement. "Full Performance" is generally achieved when the employee can
perform virtually all aspects of the position's essential functions without supervision and with minimal
errors. Employees, in conjunction with supervisors, shall develop a performance plan based upon
achieving full performance competence. Full performance (or journey level for trades and crafts) should
be achievable in five to seven years. Therefore, employees who progress at a normal rate may be
recommended for increases in accordance with approved Pay Schedules for that position. At least four
weeks prior to the annual review date, the supervisor shall conduct a performance review and prepare a
written recommendation to the City Manager/Personnel Officer and Human Resource Director. Initiation
of a request to increase pay lies solely within the discretion of the Department Head and is not a vested
right of any employee. Such requests are normally considered annually in conjunction with the budget
process but may be considered more frequently for the exceptional performer.
J. Midpoint to Maximum Progression
Compensation at the midpoint is considered market competitive. In order to be considered for increases
beyond the midpoint, an employee must receive at least a standard rating on their annual performance
evaluation. Each employee who meets this requirement may receive increases in accordance with
approved Pay Schedules for that position, up to the maximum of the pay range. Upon achieving the
maximum, the employee shall still be eligible for any general increase or adjustment to the pay plan (i.e.,
market, COLA, etc.) and for consideration for one-time performance incentives.
K. Red Circle Rate
This provision refers to the rate of pay for an employee whose pay falls above the current maximum
salary for the pay range to which assigned, reclassified or transferred. Such employee(s) shall be placed
on a salary freeze for a period not to exceed two (2) years and shall not be eligible for any general
adjustment (COLA) given during the same period of time. During the two-year period, if the employee’s
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rate of pay falls back within the assigned pay range, the freeze shall be lifted. If at the end of two years,
the employee's pay rate still falls above the maximum of the pay range, that employee's pay rate shall be
reduced to the maximum of the assigned position.
L. Right to Grieve
An employee may grieve their compensation under this compensation management plan in accordance
with the City’s grievance policy as outlined in this Handbook.
7-3 Promotion
A promotion is defined as advancement to a higher ranked position. A reclassification is not considered a
promotion. Employees who are promoted will begin a new probationary period for the new position related
to work performance only. Employees who are promoted will advance to the salary range for that position.
The promoted employee may advance to the minimum salary of the new salary range or receive a 3%
increase, whichever is more. If the employee’s qualifications and experience warrant, the employee will be
eligible for an increase as provided for in section 7-2 Compensation Management Plan of this policy with City
Manager/Personnel Officer approval. The City Manager/Personnel Officer shall approve all promotional
salary increases. The employee’s anniversary date will remain the same.
If a promoted employee is not successful in the new position within the probationary period, they may be
placed back in the position held immediately prior to the promotion, or to another position, subject to
availability and the employee’s qualifications.
Employees are not eligible for promotions during their probationary Period unless the employee has prior
years of service with a comparable/equivalent employer. Promotions during the probationary period require
City Manager/Personnel Officer approval.
A. Job Track Promotion
To encourage the enhancement of job skills and upward mobility within a given job type, the City has
established several job tracks wherein employees are expected and encouraged to progress through
levels of the job track. Job tracks currently include:
1. Parks Service Worker I-II-III,
2. Streets Service Worker I-II-III,
3. Water Service Worker I-II-III,
4. Sewer Service Worker I-II-III (excluding WRF),
5. Mechanic I-II-III,
6. Facilities Worker I-II-III and
7. Police Officer I-II-III.
Other job tracks may be created upon approval of the City Manager/Personnel Officer. Progression along
the levels of a job track is not automatic and is subject to an open budgeted position, posting of a
promotional opportunity in the job track, as determined by the Department Head, the Human Resource
Director and the City Manager/Personnel Officer, the submittal of letters of interest by interested persons
who are in the job track, interview and review of qualifications by the Department Head and Human
Resource Director, and approval of a promotion of an individual to the higher level by the Department
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Head, the Human Resource Director and the Personnel Officer. Persons approved for promotion to a
higher level in a job track shall not have to satisfy an Probationary Period.
7-4 Reclassification
The City evaluates each position and rates and ranks the position to a corresponding salary range, as
established by the City’s compensation model. The compensation model reflects internal and external
equities while considering job knowledge, responsibility, difficulty of work and work environment based upon
assigned duties.
When the duties and responsibilities of a position change significantly, the Department Head shall submit the
draft job description to the Human Resource Director who will review and revise a new job description. The
revised job description will be reviewed by the Human Resource Director for consistency and equity and to
determine if the change in job duties warrants a reclassification to a higher rating and ranking and
corresponding pay range. Reclassification of a position does not require the position to be reposted.
The Department Head shall include sufficient funds in the department’s budget request for the subsequent
year if the new salary range requires an increase in compensation for the affected employee. The effective
date of any reclassification shall be after funds are appropriated by the City Council. A qualified employee in a
position, which is reclassified to a higher salary range, shall be eligible for a salary adjustment to the
minimum of the new beginning minimum salary for the grade. If the employee’s qualifications and
experience warrant, the employee may receive higher than the beginning minimum salary for the grade of
the position with the approval of the Department Head, Human Resource Director and the City
Manager/Personnel Officer. If the position is reclassified to a lower salary range, the affected employee’s
salary will remain the same and may be red circled if above the maximum of the new salary range.
All reclassification adjustments in excess of the base salary of the salary range must be justified in writing by
the Department Head and submitted for review and recommendation by the Human Resource Director for
approval by the City Manager/Personnel Officer. In all instances, particular attention should be given to the
impact the proposed reclassification will have on existing employees.
Reclassification may take place at any time during the budget year. Reclassification adjustments will become
effective upon the date the employee is approved for the reclassification. Department Heads must take into
consideration the budget impact and get appropriate budget approvals for non-budgeted reclassifications.
7-5 Reorganization
A reorganization occurs when an existing position or job is completely eliminated, and the incumbent
employee is without a position or job. The incumbent can then be assigned to a vacant funded position for
which they are qualified, if available.
Newly created jobs, as distinguished from the addition of duties to a current job, that include titles and
salaries are not considered to be reorganizations. The hiring policy must be followed for these positions.
All reorganization adjustments in excess of the base salary of the salary range must be justified in writing by
the Department Head and submitted to Human Resources for approval by the City Manager/Personnel
Officer. In all instances, attention should be given to the impact the proposed reorganization will have on
existing employees.
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Reorganizations may take place at any time during the budget year. Reorganization adjustments will become
effective upon the date the employee is approved for the new position. Department Heads must take into
consideration the budget impact and get appropriate budget approvals for any reorganization.
7-6 Demotion
A demotion is defined as either a voluntary or involuntary pay grade change that places the employee in a
lower pay range than their current pay range status. An employee who is demoted may have their salary
reduced by the percent of promotional increase received when they were promoted to the position. If the
employee being demoted has not been previously promoted with the City, their salary will be red circled if it
is above the salary range maximum of the new pay range. The employee’s salary will remain red circled until
the salary range maximum of the new grade is increased. The City Manager/Personnel Officer shall approve
all demotion salary changes.
An employee that has been demoted will be placed on a six-month probationary period. At the end of that
probationary period, a performance evaluation will be conducted to determine the employee’s ability to
perform the job.
7-7 Involuntary Transfer
An involuntary transfer is defined as a move from one department or division to another, when the employee
retains the same or lower job grade. If a transfer is made in conjunction with a demotion/disciplinary action,
refer to “Demotion” above. In the case of demotion or transfer to a position of lower grade, the salary shall
be red circled if it is currently above the grade being demoted until the grade catches up to the current salary.
Department Heads may transfer employees within their Department with the approval of the Human
Resource Director and City Manager/Personnel Officer. If a transferred employee is not successful in the
position, they may be placed back in the previous position held immediately prior to the transfer or another
position, subject to availability and the employee’s qualifications.
7-8 Acting Positions
An employee is eligible for extra duty pay whenever they are requested in writing by the Department Head to
temporarily perform the duties of a position that is vacant or in which the regular worker is on a leave of
absence other than vacation or compensatory time off beyond sixteen (16) calendar days and the position is
of a higher classification than that in which the extra-duty employee is currently working. The employee shall
receive the salary rate of the higher classification for the time spent performing the extra duties. In such
cases, the employee will be paid at an appropriate salary schedule of the higher classification to ensure an
increase of not less than three (3%) of the employee’s current salary. In no case shall the salary exceed the
top salary of the higher classification. The salary increase will be commensurate with the employee’s
education, experience, and scope of the new job duties. The Department Head shall submit a Personnel
Action Form reflecting the salary increase. The Department Head shall also complete a new Personnel Action
Form to ensure the salary increase terminates as soon as the additional job duties cease.
A person appointed in an acting capacity shall be eligible to receive merit increases in their regular position
during the acting appointment but shall not be entitled to merit increases in the position which is held in an
acting capacity. Should the merit increase occur while the employee is in the acting position, the merit
increase will be delayed until the employee is returned to their regular pay, at which time a retroactive merit
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increase will be granted. If the employee successfully completes the temporary work assignment, the time in
the temporary capacity will count towards any required probationary period. Extra duty pay will cease when
the individual is no longer performing the extra duties.
7-9 Abandonment of Position
Unauthorized absences by an employee may constitute cause for termination. An employee who fails to call
their supervisor and/or Department Head for three (3) consecutive working days or shifts or for three (3)
nonconsecutive days in any three (3) month period to report their absence and to request that the absence
be recorded as authorized may be deemed to have voluntarily abandoned their position at the end of the
employee’s regularly-scheduled shift on the third day and may have their employment with the City
terminated. The Department Head with the consent and approval of the Human Resource Director and the
City Manager/Personnel Officer shall inform the employee of termination action in writing. Unless the
employee is at-will, on probationary status, part-time or seasonal, the employee has the right to appeal
within ten (10) calendar days of receipt or delivery of the termination notice.
Note: All references in this Handbook are in calendar days unless otherwise noted.
7-10 Reduction in Force
When it becomes necessary for a reduction in force, the City will notify regular full-time and part-time
employee(s) within the positions to be eliminated in writing of the reduction in force at least sixty (60)
calendar days before the planned layoff. Employees will be placed on paid leave for the 60-day duration.
Employee benefits will continue through the end of the month after the 60-day paid leave ends.
Process
The City Manager/Personnel Officer, after conferring with the affected Department Heads, shall layoff the
necessary number of employees according to the procedure outlined below:
1. The City Manager/Personnel Officer shall determine which positions must be eliminated and have the
least impact upon the City and the delivery of services to its residents.
2. The City Manager/Personnel Officer shall then determine which employees occupying positions
within the same class of positions to be eliminated shall be laid off. Employees holding emergency,
temporary, and probationary positions shall be laid off first. The City Manager/Personnel Officer shall
consider for elimination those employees whose most recent performance evaluation have overall
“unsatisfactory” performance ratings, if such ratings are current and available. Following termination
of employees with “unsatisfactory” performance evaluations, the City Manager/Personnel Officer
shall determine which additional employees occupying the affected positions, if any, shall be laid off.
In case of the elimination of a position occupied by several employees having essentially equal skill,
training, education, and performance evaluation ratings, preference will be given to the employee(s)
having the most seniority (length of full time service in the current term of employment with the City)
compared to other employees occupying the position to be eliminated. The City Manager/Personnel
Officer will next review performance evaluations and retain employees with a higher overall
performance rating. If equal, seniority will be used to determine the employee(s) who will remain
employed. When the position to be eliminated has been selected, the City Manager/Personnel Officer
shall notify the affected employees in writing. The immediate supervisor and Department Head will
notify the employee(s) verbally of the position elimination.
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3. Employees will not be allowed to “bump” (a re-assignment of jobs based on seniority) other
employees out of their current positions.
4. Employees laid off under the provisions of this section, who leave the City in good standing, with an
overall satisfactory performance review rating and who are not subject to disciplinary actions at the
time of termination, may be reinstated if their same position or a position identical in scope of
responsibility, education, experience and training, pay grade, and job duties becomes available within
one (1) year of the employee’s termination. It is the terminated employee’s responsibility to notify
the Human Resource Director when they are interested in being considered for an open position
other than a position identical to the job they previously held. The laid off employee will be required
to go through the established interview process for positions other than a “reinstatement” to a
position they previously held.
5. Employees assuming work positions at a lesser salary grade shall be paid according to the grade of
the position assumed, regardless of the previous compensation paid to the employee. The
Department Head will determine if the employee’s current salary is appropriate.
7-11 Separation Pay
When classified employees are separated from City employment as a result of a reduction in force, or through
no fault of the employee, and the circumstances require immediate action by management, thereby not
permitting a two (2) week notice, the employee shall be paid two (2) weeks’ separation pay in lieu of two (2)
weeks’ notice.
Statutory Appointees
Statutory appointees who lose re-appointment or are otherwise terminated without cause shall be entitled to
separation pay as follows:
1. Subject to the employee’s execution and no revocation of a separation agreement and release of all
claims in a form acceptable to the City, two (2) weeks of pay, at the employee’s base rate of pay, for
every year of service in the appointed position with a maximum of twelve (12) weeks total separation
pay (unless otherwise obligated by contract);
2. Appointees who resign their employment or are terminated for cause shall not be eligible for
separation pay;
3. Benefits shall be calculated based upon the appointee’s gross rate of pay as of the date of
termination (but without overtime, bonus, or other compensation), and any pay shall be subject to
applicable payroll withholding taxes;
4. Appointees subject to this section shall additionally be entitled to receive employee health insurance
benefits through COBRA, to the extent paid by the City during the appointee’s employment, for a
period of time calculated by the same formula established in this section, for a period not to exceed
twelve (12) weeks.
7-12 Longevity Pay
Classified employees, statutory appointees and contractual employees may receive longevity pay after
completion of five (5) years of employment. Longevity pay will be reviewed annually by the City
Manager/Personnel Officer during the budget process and is subject to the City’s financial situation.
Longevity pay will only be available if approved during the budget process and is not a guaranteed pay.
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Longevity pay, if approved, is as follows:
1. 1% of base annual salary upon completion of five (5) full years of continuous service;
2. 2% of base annual salary upon completion of ten (10) full years of continuous service;
3. 3% of base annual salary upon completion of fifteen (15) full years of continuous service;
4. 5% of base annual salary upon completion of twenty (20) full years of continuous service.
Nothing in this Section shall be construed to alter or repeal the “at-will” status of all statutory appointees,
who shall continue to serve at the pleasure of the Mayor and the City Council.
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Section 8 - Benefits
8-1 Benefits Overview/Disclaimer
In addition to good working conditions and competitive pay, it is the City's intention to provide a combination
of supplemental benefits to all eligible employees. These benefits include time-off benefits, such as vacations
and holidays, and insurance and other plan benefits. The City continues to study and evaluate its benefits
programs and policies to better meet present and future requirements. These policies have been developed
over the years and continue to be refined to keep up with changing times and needs.
Below is a brief outline of the benefits programs the City currently provides employees and their families. The
information presented here is intended to serve only as a guideline.
The descriptions of the insurance and other plan benefits merely highlight certain aspects of the applicable
plans for general information only. The details of those plans are spelled out in the official plan documents,
which are available for review upon request from the Human Resource Director. Additionally, the provisions
of the plans, including eligibility and benefits provisions, are summarized in the summary plan descriptions
("SPDs") for the plans (which may be revised from time to time). In the determination of benefits and all
other matters under each plan, the terms of the official plan documents shall govern over the language of any
descriptions of the plans, including the SPDs and this handbook.
Further, the City (including the officers and administrators who are responsible for administering the plans)
retains full discretionary authority to interpret the terms of the plans, as well as full discretionary authority
with regard to administrative matters arising in connection with the plans and all issues concerning benefit
terms, eligibility and entitlement.
While the City intends to maintain these employee benefits, it reserves the absolute right to modify, amend
or terminate these benefits at any time and for any reason.
If employees have any questions regarding benefits, they should contact the Human Resource Director.
8-2 Insurance - Medical, Dental & Vision
Eligible employees may participate in the City's insurance programs. Under these plans, eligible employees
will receive comprehensive health, dental and vision insurance coverage for themselves and their families, as
well as other benefits, subject to the eligibility requirements and the terms, conditions, and limitations of any
applicable plan documents.
All eligible employees must either elect health insurance coverage through the City sponsored plan or waive
health insurance coverage and participate in the City's Health Reimbursement Arrangement Program.
Eligible employees may elect or decline insurance coverage when hired and may make changes to group
benefit plans once each year during a specified period known as "Open Enrollment" or during the year with a
qualified life event.
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To ensure timely and complete coverage for employees and their dependents, it is the responsibility of the
employee to complete and return all enrollment forms and applications by the date specified by Human
Resources, but under no circumstances later than 30 days after hire in order for coverage to become
effective. It is also the employee’s responsibility to notify Human Resources within 30 days of any qualifying
life event, such as: marriage, birth, death, adoption or divorce. Failure to notify Human Resources of a
qualifying life event within 30 days may result in loss of dependent coverage and/or personal financial
responsibility for any claims paid for ineligible dependents. Domestic Partnerships may be eligible for
coverage, contact Human Resources for details.
Upon becoming eligible to participate in these plans, employees will receive summary plan descriptions
(SPDs) describing the benefits in greater detail. Please refer to the SPDs for detailed plan information.
Employees may consult with Human Resources with any questions.
Eligible employment classifications are:
1. Full-time employees
2. 3/4 time employees
3. Introductory employees in the above classifications
Employees who provide proof of insurance under another employer sponsored plan may choose to waive the
City’s coverage. A portion of the City’s insurance premium cost may be reimbursed to the employee through
the Health Reimbursement Arrangement Program.
8-3 Health Reimbursement Arrangement (HRA)
In accordance with City Council Resolution #13-93, the City of Moab wishes to equalize benefits given to its
employees in the area of health care, for those employees who do not require health insurance because they
are otherwise insured through an employer sponsored health insurance plan. The City has established a
Health Reimbursement Arrangement (HRA) for those employees covered under another employer sponsored
health insurance plan. The maximum amount any employee may receive during any one year period into the
HRA shall be equal to the amount the City would have paid in insurance premiums for that employee during
that year. All reimbursements for medical or insurance premium expenses will be in accordance with Internal
Revenue Service guidelines and statutes and will be administered by a third party of the City's choosing.
Employees may be required to provide proof of other coverage.
Changes in dependent eligibility should be reported in accordance with the health insurance procedures.
8-4 Life Insurance
The City provides a life insurance benefit of $25,000 for the City employee, $2,000 for a spouse or
dependents. All Full-time and 3/4 time City employees are eligible for this life insurance benefit. Additional
life insurance is available for eligible employees and their families as an option and is paid by the employee.
Additional information can be obtained from the Human Resource Department.
8-5 Long-Term Disability Benefits
Full-time employees are eligible to participate in the Long-Term Disability plan, subject to all terms and
conditions of the agreement between the City of Moab and the insurance carrier.
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This is solely a monetary benefit and not a leave of absence. Employees who will be out of work must also
request a formal leave of absence. See the Leave of Absence sections of this Handbook for more information.
Subject to the terms and conditions established and controlled by the plan provider and/or other disability
plan provider(s), the City sponsors long-term disability insurance coverage for employees in eligible
classifications for the purpose of providing income protection against the loss of an employee’s ability to
work and earn income for periods of time exceeding 90 days. All full-time and 3/4 time employees are
eligible. The City currently pays for the premium cost(s) associated with the respective long-term disability
insurance plan and policy provisions for covered employees.
8-6 Short-Term Disability Benefits
Full-time employees are eligible to participate in the short-term disability plan, subject to all terms and
conditions of the agreement between the City and its insurance carrier.
This is solely a monetary benefit and not a leave of absence. Employees who will be out of work must also
request a formal leave of absence. See the Leave of Absence sections of this Handbook for more information.
Subject to the terms and conditions established and controlled by the plan provider and/or other disability
plan provider(s), the City sponsors short-term disability insurance coverage for employees in eligible
classifications for the purpose of providing income protection against the loss of an employee’s ability to work
and earn income for periods of time of less than 90 days. All full-time and 3/4 time employees are eligible.
The City currently pays for the premium cost(s) associated with the respective short-term disability insurance
plan and policy provisions for covered employees.
8-7 Workers' Compensation
On-the-job injuries are covered by the City’s Workers' Compensation Insurance Policy, which is provided at no
cost. If employees are injured on the job, no matter how slightly, they should report the incident immediately
to their supervisor or Department Head. Failure to follow the City’s procedures may affect the ability of the
employee to receive Workers Compensation benefits.
Work-related injuries or illnesses may be covered under the City’s Worker’s Compensation insurance. Specific
benefits are by law and the City’s insurance policy.
To be considered work-related, the injury or illness must arise from and occur in the course of employment.
1. When authorized by a physician, medical expenses related to the work-related injury or illness
(including doctor, hospital, surgical, physical therapy, prescription medication, medical equipment
and any out-of-pocket medical expenses), are covered.
2. Worker’s Compensation also pays for wages lost as a result of an employee work-related injury or
illness; however, there is a three-day waiting period. During the three-day waiting period, a regular
employee may charge any absence to accumulated sick, vacation, or compensatory time.
3. Worker’s Compensation pays 66 2/3% of an employee’s average weekly wages and may be non-
taxable up to a maximum amount as defined by Worker’s Compensation. An employee may elect to
charge up to one day of sick leave, vacation, or compensatory leave for each day of absence in an
amount equal to the portion of the employee’s total compensation, which is not paid by Worker’s
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Compensation benefits; however, in no case can the combination of sick leave and Worker’s
Compensation benefits exceed the employee’s base pay. Once accrued leave has been exhausted, the
employee will no longer accrue vacation, sick or holiday leave until they return to work, Service time
in Utah Retirement Systems will continue while on Worker’s Compensation.
4. The City employees who take time off work as a result of an injury sustained at other employment are
not eligible to use any accrued sick leave while receiving workers compensation disability benefits
based on other employment.
5. Under the provisions of the Family Medical Leave Act, an injured employee may have some rights to a
period of job protection during a worker’s compensation absence. Under this Act, the protected
period could be up to 12 weeks, depending on the employee’s use of any Family Medical Leave during
the preceding rolling year. Regardless of the status of a worker’s compensation claim, in the event an
injured employee is unable to return to work upon expiration of any FMLA leave rights, the
employee’s appointment with the City may be terminated at the City’s discretion and in accordance
with the Americans with Disabilities Act and other applicable federal and state law.
When injured while on duty, an employee must:
1. Immediately obtain necessary treatment at a medical facility. If emergency medical treatment is
needed, the employee should seek treatment at the closest medical facility.
2. Ensure that doctors who treat their injuries complete a medical report describing how, when and
where the accident occurred, copies of which shall be sent to the Human Resource Director.
3. Immediately report the injury to their supervisor or Department Head. The supervisor shall be
responsible for notifying the Human Resource Director. Claims not meeting statutory notification
requirements can be denied under Workers Compensation laws. In all cases, employees must report
any injuries or illnesses to the employee’s supervisor immediately but in no event more than 24 hours
after the first occurrence.
4. The job related injury shall be detailed on forms prescribed by the Utah Industrial Commission and
the City. These forms must be completed and submitted to the Human Resource Director within
three (3) days following the incident producing the injury.
5. An employee reporting an accident or injury while performing their duties on the date of the accident
will be paid for that day.
6. Employees injured while on duty must submit to a drug test as prescribed by the City’s drug testing
policy.
7. Employees in safety sensitive positions returning after an extensive leave (30 days or more) must
submit to a drug test prescribed by the drug testing policy.
8. It is the employee’s responsibility to obtain a medical release form signed by a doctor. The employee
is to report to work as permitted by the medical release form.
9. Upon receipt of a medical release form, a supervisor will review with the Human Resource Director
the doctor recommendations and consider available work assignments. Depending on availability,
light duty work assignments may or may not be allowed. The City also reserves the right to pay for a
second or third opinion from medical professionals of its choice.
10. A copy of the medical release form needs to be submitted to the supervisor and a copy submitted to
the Human Resource Department prior to returning to work.
11. Upon return from a Workers’ Compensation leave, the City will accommodate an employee’s return
to their original or an equivalent position whenever possible. If any employee fails to report to work
promptly at the end of the approved leave period, the City will assume the employee has resigned.
12. An employee who returns to work from Workers’ Compensation and whose performance is
unsatisfactory may be subject to disciplinary action according to the provisions of this Handbook.
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13. The City reserves the right to act in accordance with its own safety and risk management policies to
determine appropriate action with respect to the workforce, procedures, internal controls, and even
disciplinary action, in order to enforce its own safety and risk management policies.
14. As provided by applicable state law, the City retains the right to pursue any and all available legal
actions against any third party to recover workers compensation costs for injuries that occur during
an employee’s voluntary participation in any off-duty recreational, social, or athletic activity
sponsored by the City.
15. Health insurance benefits shall continue for an employee on leave without pay while receiving
workers compensation benefits not to exceed twelve (12) weeks. The employee is responsible for the
payment of the employee share of the premium. Insurance will be terminated after 30 days of non-
payment of employee share of premiums.
16. If the employee is unable to return to work in the regular position and perform essential job duties
(with or without reasonable accommodation as required by law) after six months cumulative leave in
a 24 month period, or if documentation from one or more qualified health care providers clearly
establishes that the employee has a permanent condition preventing the employee from returning to
the last held regular position and perform essential job duties (with or without reasonable
accommodation as required by law), or if the employee refuses to accept appropriate employment
offered by the city, the employee may be separated from city employment unless prohibited by state
or federal law. Prior to any termination of employment, the City will engage in the interactive process
with an injured worker who suffers from a disability to assist the employee in returning to work, as
required by the Americans with Disabilities Act.
8-8 COBRA
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified
beneficiaries the opportunity to continue health insurance coverage under the City’s health plan when a
“qualifying event” would normally result in the loss of eligibility. Some common qualifying events are
resignation, termination of employment, retirement, or death of an employee; a reduction in an employee’s
hours or a leave of absence; an employee’s divorce or legal separation; a dependent child no longer meeting
eligibility requirements; and termination of Family or Medical Leave.
Subject to the terms and conditions of the group policy and applicable legal standards for extensions of
insurance coverage under the law, employees, their spouses, dependents, and divorced or separated spouses
may continue the group insurance plan benefits for periods of time beyond the last date of work of the
employee for the City. The terms, limitations, conditions and length of extensions of coverage are specific in
each individual case. Employees, dependents, spouses and ex-spouses are encouraged to direct any
questions to the Human Resources Department. Under COBRA, the employee or beneficiary pays the full cost
of coverage at the City’s group rates plus a 2% administration fee.
The City provides each eligible employee with a written notice describing rights granted under COBRA when
the employee becomes eligible for coverage under the City’s health insurance plan. The notice contains
important information about the employee’s rights and obligations.
Retirees, who meet the conditions for retirement as determined and defined by the Utah State Retirement
Board, may elect to continue their health insurance coverage upon retirement. Retirees will be required to
pay the full premium for this insurance group coverage, plus a 2% administration fee, under COBRA, for a
period of up to eighteen (18) months.
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Continuation of health insurance coverage must be coordinated with the City under the terms and conditions
established by and through the Plan Provider. Employees interested in more information about the continued
health insurance coverage under this policy should contact the Human Resource Department.
8-9 Retirement Plan
The City offers retirement programs to employees in eligible employment classifications, which are funded in
part by the City, and in part by those eligible employees. Eligible employment classifications are specific to
each type of program, subject to the terms and conditions as described in this policy.
A. Utah Retirement Systems (URS)
The Public Employees Retirement System is a retirement plan intended to provide a meaningful
retirement benefit to City employees who have chosen a career in public service. Subject to the terms,
conditions, and limitations as defined and regulated by the Utah Retirement Board, the City provides
coverage for employees in eligible employment classifications in the Utah Retirement System.
Appointed and elected employees who began working before July 1, 2011 may be eligible to opt out of
the URS. Non-benefited temporary or part-time (<30 hours/week) employees are not eligible for the URS.
Eligible employees must work a minimum of 30 hours per week and receive benefits from the City.
B. Benefits Paid
The amount of benefit paid is determined by the employee’s hire date, age, years of service credit, final
average salary and a benefit formula designed by the Utah Retirement System. The URS has designated
two categories of employees according to enrollment date. Once an employee is enrolled in the URS as
either a Tier 1 or a Tier 2 employee, the employee will keep that designation, even if the employee stops
working for a participating employer for a period of time and then returns at a later date.
C. Tier 1 Employees
Employees initially enrolled in the Utah Retirement System before July 1, 2011 are classified as Tier 1
employees. The City will pay the full URS Tier 1 rate for eligible employees. All City employees are
enrolled in the Noncontributory System.
D. Noncontributory System
If an employee leaves employment covered by the Utah Retirement System, the employee is not eligible
for a refund, but the employee’s retirement funds will remain in their account and the employee will
receive a benefit when they retire. Benefits are vested after four years of service.
E. Tier 2 Employees
Employees initially enrolled in the Utah Retirement System on or after July 1, 2011 are classified as Tier 2
employees. The City will pay the required URS Tier 2 rate for eligible employees.
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Tier 2 employees may choose between a defined contribution or a hybrid plan which are described
below. Employees have one year after employment begins to make this irrevocable choice of plans.
F. Defined Contribution Plan
The full City contribution will be put into a 401(k) account administered by the URS. Employees may elect
to make voluntary contributions as well. Employees in this plan become vested after four years of service.
G. Hybrid Plan
This plan is a combination defined benefit (pension) and defined contribution. As long as the defined
benefit rate remains below ten (10) percent for public employees, employees will receive the difference
between the ten (10) percent of the required contribution rate into a 401(k) account administered by the
URS. If the defined benefit rate reaches or exceeds ten (10) percent, employees will no longer receive any
of this amount into a 401(k) account.
In addition, if the defined benefit rate exceeds ten (10) percent, employees will be required to pay the
portion of the contribution amount above these rates. Employees on this plan may elect to make
voluntary 401(k) contributions as well. Employees in this plan become vested after four years of service.
H. URS 401(k) Plan
Any eligible employee that is active in the Utah Retirement System may participate in the URS 401(k) plan
in accordance with federal and state law contribution limitations.
I. URS Account Access
Employees may access their Utah Retirement System account at www.urs.org. Employees can login to
“my URS” which will display the employee’s years of service and account information. Employees can also
view account statements, update their address and beneficiaries and print forms.
For additional information regarding Utah Retirement System accounts, contact the URS or the Human
Resource Departments.
8-10 Social Security
All employees are covered under the federal social security program. Social security is designed to provide
supplemental income to workers who retire. Social security was not designed to provide retirement income
which will maintain a recipient at a lifestyle attained during working years.
8-11 Wellness Program
The City offers a wellness program to encourage employees to stay physically fit and maintain good health.
This program is paid for by the City and administered by a third party for the employee’s benefit. It is a
voluntary program for appointed, regular and ¾ time employees. The program has the following objectives:
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1. Enhance quality of life for employees and family members;
2. Improve morale, motivation and personal development;
3. Strengthen interpersonal relationships;
4. Lower health, life and disability insurance costs;
5. Decrease work-related injuries and workers’ compensation costs; and reduce use of sick leave and
absenteeism.
The City reserves the right to modify the program at any time. Some wellness program benefits may be
taxable. For more information, contact the Human Resource Department.
8-12 Fitness / Wellness Benefit
Classified employees, statutory appointees, and contractual employees will be granted once a year a Moab
Recreation and Aquatic Center Family Aquatic and Fitness pass free of charge. The pass is restricted to the
uses stated on such pass and will have an annual term that does not exceed the term of their employment.
Employees may elect an alternate annual benefit of a $100 direct reimbursement to the employee upon
proof of membership with another fitness center provider or wellness program.
Moab Recreation and Aquatic Center employees will receive a single Aquatic and Fitness Facility pass - free of
charge – for the employee’s use, with an annual term that does not exceed the employment term.
8-13 Clothing Allowance
It is the policy of the City to assist employees with job related costs of uniforms and clothing accessories
mandated by the City. The City at its sole discretion will provide the necessary clothing and equipment. The
intent of this program is to ensure employees maintain clean, neat, and proper uniform and appearance in
their role(s) of representing the City and its reputation and interests.
The purpose of the clothing and accessories allowance is to cover the acquisition, repair, cleaning, upkeep,
and replacement of required and appropriate uniforms and clothing accessories as may be directed and
controlled through employees’ respective departments and Department Heads.
The following are those departments and uniform allowances which shall be paid to covered employees
monthly:
A. Public Works Department
Each employee who is determined by their supervisor to be involved in work which requires or warrants
protective clothing, will be provided clean coveralls and other proper safety gear/wear as determined by
their supervisor. In lieu of a clothing allowance, the department will annually provide shirts and up to a
$160.00 reimbursement for purchased safety-toed boots. To receive a steel-toed boot reimbursement,
employees must submit proof of purchase including vendor and purchase price to Accounts Payable.
All new Public Works Employees will receive at the time of hire, the following equipment items:
1. Five (5) Work Shirts
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2. One (1) Retro Reflective Coat
3. One (1) Coveralls
4. Boots (up to $160). Any amount in excess of the $160 will be the personal responsibility of the
employee as an upfront cost. Payroll deductions are not available for personal expenses.
Public Works Employees will receive a replacement Retro Reflective Coat and Coveralls every other year
of employment.
B. Field Personnel
Each employee who is determined by their supervisor to be involved in work which requires or warrants
protective clothing, will be provided clean coveralls and other proper safety gear/wear as determined by
their supervisor. In lieu of a clothing allowance, the Department will annually provide shirts, pants, and
steel-toed boots.
C. Police Department
All Moab City Police Officers who receive a uniform allowance will receive the total distribution of their
designated allowance on or about the first pay cycle of each fiscal year. Employees hired after July 1st of
any year will have their uniform allowance prorated based upon their hire date. All uniform allowance
distributions will be non-taxed as these funds are provided specifically for the purchase and maintenance
of official Moab City Police Department uniforms and/or equipment.
All newly sworn Moab City Police Officers will receive, at the time of hire, the following equipment items:
Duty Belt Ballistic Vest Outer Carrier with MOLLE Pockets
Belt Keepers Uniform Shirts (2)
Magazine Pouch Class A Uniform Pants
Radio Holster Class A Tie
ASP Class A Boots
ASP Holster Class A Basket Weave Cuff Case
Uniform Pants (2) Class A Uniform Shirt
Duty Boots Class A Tie Bar
Inner Belt Class A Basket Weave Belt
Holster Class A Basket Weave Magazine Pouch
Handcuffs (2) Class A Belt Keeper
Cuff Case (2) Class A Holster
Flashlight Class A Name Tag, Silver
Flashlight Holster Moab Police Badge
Ballistic Vest with 2 Inner Carriers
Moab City Police Officers will be provided replacement ballistic vests on or near the expiration of their
existing vests.
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8-14 Employee Assistance Program
The City has elected to fund an employee assistance program to assist employees and their dependents in
addressing and facilitating solutions for:
1. Marital difficulties
2. Family problems
3. Personal emotional difficulties
4. Legal issues
5. Financial problems
6. Referrals to medical professionals
7. Alcohol/drug abuse
8. Critical incident counseling etc.
All full-time and 3/4 time City employees and dependents are eligible and can utilize the employee assistance
program voluntarily to receive counseling and facilitate solutions. This service is offered at no charge to the
employee or dependents and is a confidential program.
8-15 Education Assistance
The City recognizes that the skills and knowledge of its employees are critical to the success of the
organization. The City’s Educational Financial Assistance program encourages personal development through
formal education so employees can maintain and improve job-related skills.
1. The City may provide educational financial assistance up to seventy-five (75%), but not to exceed
$2,000, of the cost of tuition, fees, and books per year to eligible employees, depending upon annual
budget appropriations. Only full-time or 3/4 time employees that have completed their probationary
period are eligible to participate in this program.
2. To maintain eligibility, employees must remain on active payroll and perform their job satisfactorily
through completion of each course. Educational financial assistance is limited to courses required for
a college degree, provided that the degree relates to the employee’s career path.
3. The City has sole discretion to determine approval for any educational financial assistance requested.
Approval must occur first through the Human Resource Director and next through the City
Manager/Personnel Officer prior to enrollment in the course.
4. Pursuant to this policy, costs of tuition, fees, or books will be disbursed upon successful completion of
the approved course. Where a grade is given, the employee must successfully complete the course
with a grade of “B” or better. If the course is on a pass/fail basis, the employee must pass the course
to qualify for reimbursement. The employee must submit a request for reimbursement along with
documentation of successful completion of the course to the City Manager/Personnel Officer within
30 calendar days of completion of any approved course.
5. If an employee separates from City employment within one year of completing any course for which
the employee received reimbursement, the amount of educational financial assistance for that course
shall be deemed a loan and will be deducted from the employee’s final paycheck. Employees must
agree to sign a promissory note if the final paycheck is insufficient to repay the loan in full. The terms
of which will be: a negotiated monthly payment; 0% interest; and full repayment of the outstanding
balance within one year of the employee leaving employment with the City.
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6. The City may pay 100% of education costs when the course is necessary for an employee’s current
job, and the course is limited in both time of offering as well as length (e.g. one-day seminar or a one-
week training and certification course). The City may also pay 100% of the education costs for
certain occupations where ongoing education is necessary to maintain a certification or continuing
education required by the State, City, or professional organization to which the employee
belongs. Employees are not required to reimburse the City for these costs upon separation from the
City.
8-16 Hepatitis Vaccination
All employees who are currently, or who will in the future be employed in the following listed positions are
required to be vaccinated against the Hepatitis virus in whatever manner is determined by the City to be most
appropriate. If a present or future employee elects not to have the appropriate vaccinations against the
Hepatitis virus, they must sign a Hepatitis Vaccination Release Form (see Forms) releasing the City from any
liability with regard to their contracting the Hepatitis virus and any and all costs associated with their
contraction of that disease. The employees who will be affected by this policy are those who currently, or in
the future will, fill the following positions:
1. Sworn Officers in the Police Department,
2. Employees of the Water and Sewer Department, and
3. Other employees as deemed necessary by the City Manager/Personnel Officer.
Employees under 18 years of age need parental approval to receive the vaccinations.
8-17 Commercial Driver’s License
Any employee that drives equipment over 26,000 pounds in weight, or which carries hazardous materials or
16 or more passengers, shall obtain a Commercial Driver's License (CDL). The procedures to be followed in
obtaining a CDL include taking a written test, a driving test, and obtaining a DOT medical card, which requires
a physical examination. The City will pay the costs of obtaining a CDL for employees in positions that require a
CDL license. This includes the cost for the CDL driver’s license testing which is over and above regular license
fee, and the cost of the physical examination to obtain and maintain the DOT medical card. Each department
is required to maintain a current list of positions within each department which require a CDL, as well as any
necessary endorsements. The City will pay the total amount for required endorsements, i.e. tanker,
hazardous materials, etc., if required by the employee’s position, but will not pay for endorsements which are
not required by the employee's position with the City. Employees with CDL licenses should refer to the
Federal Motor Carrier Safety Administration: Requirements and Penalties.
8-18 Phased Retirement
This is an optional program within URS that allows continuing employment on a half-time basis of a retiree
with the same participating employer following the retiree’s retirement date while the retiree receives 50% of
the retiree’s monthly retirement allowance.
A. Phased Retirement Eligibility
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Beginning on July 1, 2020, the City of Moab elects to offer Phased Retirement to willing, eligible retirees
under the terms and conditions outlined in this policy, each agreement between a Phased Retiree and the
City, and Utah Code, Title 49, Chapter 11, Part 13.
B. Participation
The Employee shall:
1. Be eligible to retire, based upon the specific age and service credit requirements for the
employee’s retirement system, and actually retire with URS;
2. Have been employed full time for at least four years with the City immediately before the
retiree's retirement date;
3. Be approved for Phased Retirement and enter into a Phased Retirement agreement with the City;
and
4. Prior to the retiree's retirement date, complete and submit all required Phased Retirement forms
with URS.
C. Phased Retirement Approval Standards and Process
1. An employee who is considering participating in Phased Retirement is strongly encouraged to
discuss this possibility with the employee’s supervisor, manager, and the Human Resources
Department with as much advance notice as possible to help facilitate preparation that may be
necessary for the future approval of the request, including appropriate revisions to business
plans, approved Full Time Equivalent (FTE) head counts, and budgets.
2. An employee, in consultation with the employee’s supervisor, shall prepare a written request to
participate in Phased Retirement. The request shall cover the material elements of the written
agreement listed below in Subsection E of this Section.
3. Each request to participate in Phased Retirement shall be reviewed on a case by case basis to
determine if the request fills a legitimate business need and is beneficial to both the City and the
retiree, such as:
a. Completing a specific project;
b. Maintaining business continuity by mentoring and training the retiree’s replacement or other
employees; or
c. Filling workforce needs relating to a market sensitive or other hard to fill position.
4. The Phased Retirement position may be the Phased Retiree’s pre-retirement position or another
position for which the Phased Retiree has the education, knowledge, skills, and ability to perform.
5. If multiple requests to participate in a limited Phased Retirement position cannot all be
accommodated, the Phased Retiree with the best education, knowledge, skills, ability,
performance, and attendance shall be selected.
6. Approval of a Phased Retirement request is conditioned on the review and approval of the
following individuals or their designees:
a. Employee;
b. Employee’s supervisor;
c. Employee’s Department Head;
d. Human Resource Director;
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e. City Attorney; and
f. City Manager/Personnel Officer.
7. The Human Resources Department shall complete and submit all required Phased Retirement
employer forms or reports to URS, including:
a. Notifying URS within five business days if the City enters a Phased Retirement Agreement
with a retiree;
b. Completing any required employer notifications, applications, or certifications; and
c. Reporting any change in status of the Phased Retirement to URS.
D. Time limits and other restrictions
1. The specific business needs and benefits to the City and the retiree upon which the Phased
Retirement are justified shall be the basis for the Phased Retirement’s authorized time period,
provided that one year is the maximum Phased Retirement period.
2. Phased Retirement may be extended for additional subsequent periods of a maximum of one
year each, subject to review and approval of the agreement renewal and any modifications in
accordance with Phased Retirement Approval Standards and Process provisions in Subsection 2 of
this policy.
3. Phased Retirement shall be terminated immediately for a Phased Retiree’s violation of this policy,
the Phased Retirement Agreement, or any other City policies or standards of employee conduct
upon which termination may be based in accordance with any required progressive discipline.
4. A Phased Retiree enters into Phased Retirement subject to the following potential adjustments or
termination:
a. The City may modify or terminate Phased Retirement at any time, and for any reason, with 30
day written notice.
b. The Legislature specifically reserved the right to make adjustments to or terminate the
Phased Retirement option created in statute, including:
c. Amending Phased Retirement eligibility, restrictions, scope, or duration provisions;
d. Closing phased retirement to additional retirees; or
e. Terminating Phased Retirement for all participating retirees.
The Phased Retirement statutes have a sunset date of July 1, 2021, but will require a legislative’s
committee review prior to the sunset. The committee could recommend extending the program with
another sunset date, removing the sunset date, or terminating the program.
E. Written Agreement
1. Prior to working in Phased Retirement, the City and an eligible retiree shall enter into a written
agreement, including provisions governing the following for the Phased Retirement:
a. Essential job functions and specific duties to be performed;
b. Expected deliverables and timelines;
c. Authorized time period;
d. Authorized time period renewal review date, if any;
e. Work schedule and hours of work;
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f. Eligibility and description of benefits;
g. Wages for the position; and
h. Any other restrictions, conditions, or arrangements.
2. The Human Resources Department, in consultation with the City Attorney, shall create and
maintain a template written agreement for the City’s use pursuant to the above provisions and as
needed.
F. During Phased Retirement
1. A retiree shall begin Phased Retirement employment after the retiree's retirement date but no
later than 120 days after the retiree's retirement date.
2. Phased Retirement shall be a continuous period; it cannot be paused or resumed again following
termination.
3. The Phased Retiree receives 50% of the Phased Retiree’s monthly pension allowance from URS,
beginning with the retirement date. The Phased Retiree will not receive any cost-of-living
adjustment (COLA) to the monthly retirement allowance while in Phased Retirement.
4. The City can only employ the Phased Retiree on a half-time basis. For most positions, this is
defined by statute as requiring an average of 20 hours per week.
5. The City shall contribute the amortization rate, as provided in statute, to the URS system that
would have covered the Phased Retiree if the retiree's part- time position were considered to be
an eligible, full-time position within that system.
6. A Phased Retiree’s eligibility to take distributions from defined contribution plans, including
401(k) or 457 plans, is determined by plan governing documents and federal law. Phased
Retirement does not create any additional basis for taking distributions. Phased Retirees should
contact their defined contribution plan administrator about eligibility for distributions, including
in-service withdrawals after reaching a qualifying age or withdrawals during the termination of
employment from the retirement date until the Phased Retirement begins.
G. Benefits for Phased Retirees
1. For employer-provided benefits that are paid out or take effect with retirement, the City shall
treat a Phased Retiree in accordance with current City policies in the same manner as any other
retiree, including payout of unused accrued annual and compensatory leave hours and the
commencement of benefits based upon accrued leave balances.
2. During Phased Retirement, a Phased Retiree shall be treated in the same manner as any other
part-time employee working a similar position and number of hours with the City, including non-
retirement related benefits, leave benefits, medical benefits, and other benefits.
3. During Phased Retirement, a Phased Retiree may not receive any employer provided retirement
benefits, service credit accruals, or any related retirement contributions from the employer.
H. Termination of Phased Retirement
1. The Phased Retiree and the Human Resources Department shall notify URS when Phased
Retirement is irrevocably terminated.
2. City-provided benefits accrued during Phased Retirement that are paid out or take effect with
termination, including unused accrued leave hours, shall be paid out by the City or treated in the
same manner as for any other terminated employee in accordance with current City policies.
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3. URS shall begin paying 100% of the retiree's retirement allowance on the first day of the month
following the month in which URS receives written notification and any required supporting
documentation that the Phased Retirement has been irrevocably terminated.
4. Any post-retirement reemployment with the City or another URS participating employer
following Phased Retirement is subject to Utah Code Title 49, Chapter 11, Part 12, Post
retirement Re-employment Restrictions Act. The post-retirement separation period begins with
the termination date of Phased Retirement, not the original retirement date.
I. References
Utah Code, Title 49, Chapter 11, Part 12
Utah Code, Title 49, Chapter 11, Part 13
J. Definitions
Phased Retiree: An active participant in Phased Retirement.
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Section 9 - Leave Policies
9-1 Paid Holidays
Full-time employees may be paid for the following holidays:
New Year’s Day Columbus Day
Martin Luther King, Jr. Day Veterans’ Day
President’s Day Thanksgiving Day
Memorial Day Day After Thanksgiving
Independence Day Christmas Eve
Pioneer Day Christmas Day
Labor Day December 26th-January 2nd
Paid Holidays will be reviewed annually by the City Manager/Personnel Officer during the budget process.
The City Manager will present the proposed holiday schedule to the City Council each year during the budget
process for approval. Holidays are subject to change at the discretion of the City Manager/Personnel Officer
and with the approval of the City Council.
When holidays fall or are celebrated on a regular workday, eligible employees will receive eight (8) hours pay
at their regular straight-time rate. Eligible employees who are called in to work on a holiday will receive eight
(8) hours pay at their regular straight-time rate, and an additional payment of straight-time for the actual
time they work that day.
If a holiday falls within an eligible employee's approved vacation period, the eligible employee will be paid for
the holiday (at the regular straight-time rate) in addition to the vacation day, or the eligible employee will
receive an additional vacation day at the option of the City.
If a holiday falls within a jury duty or bereavement leave, the eligible employee will be paid for the holiday (at
the regular straight-time rate) in addition to the leave day, or the eligible employee will receive an additional
day off at the option of the City.
If a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If a holiday falls on a
Sunday, the following Monday shall be observed as the holiday.
For pay purposes, holiday time not actually worked will not be included for overtime calculation.
9-2 Vacation Leave
The City provides vacation leave to eligible employees for the purpose of providing employees the
opportunity to take paid time off from their job responsibilities in order to maintain a higher standard of
mental, emotional and physical conditioning. This policy is intended to provide a benefit to City employees as
well as to the City as an employer by fostering a healthy and productive workforce. Vacation is meant to be
utilized as time away from work, not for an accumulated cash out program.
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Classified employees, statutory appointees, and contractual employees earn vacation based upon the
following accrual schedule:
Hours/Pay Period
Exempt Non-Exempt
Upon Hire 4 3
Completion of 5th Year 5 4
Completion of 10th Year 6 5
Completion of 15th Year 7 6
Completion of 20th Year 8 7
3/4 time employees are entitled to leave accruals, which will be extrapolated based on the percentage of
hours worked compared to 40 hours per week.
9-3 Vacation
A. Accrual
1. A maximum of 240 hours shall be allowed to be accrued and carried forward from one year to the
next. Accrual balances cannot be in excess of 240 hours, additional accruals will be forfeited.
2. Vacation accruals are based on hours worked per pay period. Accruals will cease if an employee is
on leave without pay or worker’s compensation leave in excess of twelve (12) weeks.
3. If an employee transfers from non-exempt status to exempt status or from exempt status to non-
exempt status during the term of employment, the employee will accrue vacation hours
according to the schedule that corresponds to the new status, but in no case shall an employee
lose vacation due to the change in status.
4. The City Manager/Personnel Officer reserves the right to negotiate vacation time upon hiring of
Department Heads
B. Use
1. Vacation leave shall be requested and pre-approved by the employee’s supervisor. Advancing
vacation leave to any employee is prohibited.
2. If a documented illness that would justify use of sick leave occurs while an employee is on
vacation, that time may be counted against any accumulated sick leave if requested by the
employee.
3. A holiday that falls during an employee’s vacation leave shall be counted as a paid holiday.
4. Exempt employees’ reporting of leave: Exempt employees shall report leave in eight-hour
increments when practical; however, Exempt employees are not obligated to report leave time
that will exceed 80 hours in each pay period.
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C. Payment
1. Payment for accrued vacation, up to 100 hours, shall be made upon favorable retirement,
favorable termination of employment or death, and only if the employee has successfully
completed their probationary period.
9-4 Sick Leave
A. Purpose & Policies
Sick leave should not be viewed as a right to be used at the employee’s discretion; rather, it is a
privilege of paid time away from work duties in the event of one of the following circumstances:
1. Actual illness or injury of the employee that occurred away from the job setting, except where
such injury/illness occurred in connection with off-duty (outside) employment;
2. The employee’s exposure to a contagious disease;
3. Where the employee’s medical attention to an immediate family member, as defined in these
personnel rules, is required due to the immediate family member’s illness or injury;
4. Medical or dental appointments of the employee, or employee’s immediate family members,
when such appointments cannot be arranged during off-duty hours, and when the employee’s
immediate family member is incapable of independently attending such appointments;
5. Emergency leave due to the death or imminent death of family members.
Immediate family includes the employee’s parents, stepparents, children, step-children, siblings,
grandparents, and in-laws.
1. Employees unable to fulfill normal work assignments due to illness or injury may or may not be
allowed light duty assignments depending on availability.
2. Paid sick leave is a privilege and not a right of employment. Abuse of the sick leave privilege
shall constitute grounds for disciplinary action.
3. Where a pattern of sick leave use is present, or a question arises as to the legitimate use of
accrued sick leave, Department Heads have the right to investigate use of sick leave, make
inquiry of the employee as to their ability to perform essential functions of the job, and
otherwise request medical information be provided to the Human Resource Department.
4. Advancing sick leave to any employee is prohibited.
5. A medical release may be required before returning to work.
Employees, supervisors, and Department Heads are required to notify the City Manager/Personnel
Officer and Human Resource Director whenever paid sick leave is used for a medical disability or
serious health condition of the employee. A serious health condition means an illness, injury,
impairment, or a physical or mental condition that involves an absence of three consecutive
workdays or longer under the care of a healthcare provider, inpatient care in a hospital, hospice, or
residential medical care facility; or continuing treatment by a health care provider.
Employees should complete and submit to the employee’s Department Head and the Human
Resource Director a FMLA request form to be approved by the City Manager/Personnel Officer. This
form is used to determine the employee’s eligibility for FMLA leave, the effective date of any medical
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disability or serious health condition of the employee and the period of available leave (paid and
unpaid) benefit for the employee.
If the proper form is not completed, the City Manager/Personnel Officer will determine the effective
date of any serious health condition and the period of available leave (paid or unpaid), based on the
first date the employee was granted leave related to, and/or in connection with, the employee’s
medical disability or serious health condition.
B. Accruals and Balances
Sick leave shall accrue at a rate of four (4) hours per pay period. No additional hours over the
maximum of 480 hours shall be accrued.
C. Administration of Sick Leave
1. In order to be paid for sick leave, an employee must notify the Department Head, or the
person designated by the Department Head to receive such notice, within a reasonable time
prior to the start of the work shift. For purposes of sick leave notification requirements and at
the supervisor’s discretion, cell phone text messages and online instant messaging may not be
considered official notifications.
2. When it is established to the City's satisfaction that an employee is incapacitated because of
sickness or injury to a degree that they would not be able to perform their duties safely, sick
leave, if accumulated, will be granted, or if the employee does not have any sick leave, the
time will be deducted from other leave balances or can be considered leave without pay.
3. When death occurs in the employee's immediate family, sick leave will be granted.
Department Heads may approve an employees’ use of sick leave to attend funerals.
4. Medical certification may be required to substantiate sick leave. In the event there is a reason
to believe that an employee is abusing sick leave, the employee may be required to furnish
medical certificates and a written statement of the reasons for any period of sick leave.
5. If an employee has been absent from duty because of sickness or injuries for a period of three
(3) or more working days, the employee may be required to satisfy the City, with medical
certification, that they can perform normal job functions prior to being permitted to return to
work.
6. A job-related injury entitles an employee to use available sick leave to cover any waiting
period prior to receiving Worker’s Compensation benefits. In no instance shall the employee
be entitled to sick leave pay and Worker’s Compensation for the same period of disability or
injury. Where applicable, the City may require that the injured employee assign any Worker’s
Compensation wage replacement benefits (exclusive of payments for medical expenses and
the like) to the City in partial reimbursement for this benefit and to the extent necessary to
prevent a double payment.
7. 3/4 time employees are entitled to leave accruals, which will be extrapolated based on the
percentage of hours worked compared to 40 hours per week.
9-5 Sick Leave Compensation
1. The maximum accrual shall not exceed 480 hours. All time accrued over 480 hours will be
forfeited.
2. Unused sick leave is not compensable.
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9-6 Leave Donation
Employees may voluntarily and anonymously donate accumulated unused leave (vacation or sick leave) hours
to the sick leave bank of the City to be used by an employee who has suffered an incapacitating major illness
or injury, or family emergency, which has exhausted the employee’s regular sick leave, vacation, and
compensatory time accounts.
Eligible full-time City employees must have been employed with the City for one year or more and
accumulated 40 or more hours of unused sick leave at the time of the request (or when the illness began) for
extended sick leave compensation.
A maximum of 160 hours of extended sick leave compensation may be requested per rolling 12-month
period.
Rolling 12 Month Period
A “rolling” 12-month period is measured backward from the date an employee uses any leave. Each time an
employee receives sick leave compensation from sick leave donations, the remaining leave entitlement would
be any balance of the 160 hours, which has not been used during the immediately preceding 12 months.
Sick leave bank hours are granted on an as-needed basis and may not be accrued. The employee must
exhaust all personal leave prior to using any sick leave bank hours. No sick leave or vacation leave will be
accrued while an employee is using sick leave bank hours.
All requests must be approved by the employee’s Department Head, Human Resource Director and the City
Manager/Personnel Officer. All donations are made on a confidential basis. Each case will be considered
separately based upon the merits of the situation.
Sick leave bank hours will not be granted if the total number of hours reported in the pay period would
exceed 80 hours including the requested sick leave bank hours.
Advancing sick leave to any employee is prohibited.
9-7 Bereavement Leave
Full-time employees working 40 hours per week and qualified three-quarter employees working a minimum
of 32 hours per week are eligible for bereavement leave. Qualified three-quarter employees receive
bereavement leave on a pro-rated basis. Employees working a 40-hour work week will receive a maximum of
three (3) days bereavement leave with the availability of an additional two (2) days as needed for travel or
family responsibilities dealing with the funeral services upon approval by the Department Head. Bereavement
leave is for making arrangements for and attendance at funeral services upon the death of an immediate
member of the employee’s family as defined in this section.
For purposes of this section, “immediate members” will include father, stepfather, father-in-law, mother,
stepmother, mother-in-law, brother, stepbrother, half-brother, brother-in-law, sister, stepsister, half-sister,
sister-in-law, aunts, uncles, nieces, nephews, son, step-son, son-in-law, daughter, step-daughter, daughter-in-
law, grandparents-in-law, grandparents, step-grandparents, grandchildren, step-grandchildren, and spouse.
The days will be with pay and will not be charged to either earned sick leave or annual leave. Bereavement
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leave will not accrue to the employee’s benefit if not used for the intended purpose. Leave for attendance at
funerals other than those covered above will be considered either leave without pay, personal leave, or
vacation. Employees may be required to provide verification of the death (obituary) and their attendance at
the funeral (funeral program).
9-8 Military Leave
Persons serving in the uniformed military services will be granted military leave without pay for the period of
service and a reasonable amount of time to travel to and return from duty as prescribed by federal law. The
vacated position may be temporarily filled and the employee will return to service with the City in either the
same position or a similar position within the same pay grade and scope of responsibility, if the employee
meets the requirements of federal law. During the time of absence, the employee will continue to build
seniority; the employee will not lose seniority obtained prior to obtaining military leave. All employees who
are or shall become members of a reserve component shall be allowed full pay equal to the difference
between military pay and City pay, when military pay is less than City pay, spent on duty with military units of
the United States and the State of Utah in an “activated or deployment” status. Military leave for the purpose
of annual training or other non-deployment activity will not qualify the employee for the full pay equal to the
difference between military pay and City pay. This leave shall be in addition to annual vacation leave with
pay. A copy of orders will be required for salary payment. Any employee serving with the uniformed services
may use accrued annual leave (vacation), if they request it before commencing such service.
No officer or employee shall be subjected to any loss or decrease of vacation or holiday privilege or be
prejudiced by reason of such absence with reference to promotion or continuances in office, employment,
reappointment to office, or reemployment.
An employee reinstated under the foregoing provisions shall not be discharged from their position within one
year after the reinstatement unless there is just cause for the discharge or a reduction in force.
Employees serving on active duty with the armed forces pursuant to a leave of absence under this section
may participate for up to 24 months following separation from City employment in the City-sponsored
employee group health, dental and vision insurance plan for themselves and dependents, if they make the
required timely premium payments pursuant to federal law.
Upon reinstatement to City employment, the employee shall be entitled to participate in the retirement
insurance and other benefit programs offered by the City pursuant to the established laws, rules, and
practices related to persons on leave of absence in effect at the time the reinstated employee commenced
such active military service. This section shall not be construed to retain, in office or in the employment of
the City, any person elected or appointed for a definite term of office, or any person appointed by or serving
under a person elected or appointed for a definite term of the person by whom they were appointed or
under whom they were serving whose term shall otherwise expire in operation of law.
The employee serving on active duty with the military has the right to convert the City employees’ group
term life insurance containing a “war exclusion” provision, which would prevent payment of the double
indemnity for accidental death.
Active duty service in the armed forces may qualify for service credit, which may qualify and/or increase the
retirement benefits an employee might receive from the retirement program administered by the Utah State
Retirement System, as provided by law. It is the employee’s responsibility to contact the State Retirement
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Office for further information. The City will not make the employer-paid contributions and the employee-paid
contributions, if any, otherwise paid by the City on behalf of the employee, for former employees serving on
active military duty. For those employees whose employment with the City is reinstated following separation
from active military service, the City will make the contribution adjustment representing the employer’s
contribution for the period of military service upon the following conditions:
1. The reinstated employee requests the City to make the contribution adjustment payment to the Utah
State Retirement System.
2. The reinstated employee makes the contribution adjustment payment to the Utah State Retirement
System as required by law.
3. The reinstated employee meets all of the criteria for eligibility for the service credit, as provided by
state and/or federal law.
Active duty service in the armed forces will be used in calculating the “length of service” for “leave” (vacation)
for a reinstated employee, pursuant to this Handbook.
9-9 Jury Duty
The City recognizes the duty of every employee, as a citizen of the United States, to perform jury duty or
serve as a witness in court on behalf of another party. If the jury or witness service is completed during
regular work hours, an employee is expected to return to work upon completion of the service. The employee
shall receive their regular pay when performing jury and witness duty provided money received for jury or
witness service is returned to the City within one (1) week of receipt. Verification of jury and witness duty will
be required. If an employee fails to comply with this policy, disciplinary action may be taken.
9-10 Paid Leave/Unpaid Leave
Accrued leave must be used during an approved leave in order to maintain City provided benefits. If an
employee has no accrued leave and is on approved unpaid leave, all benefits including vacation, sick leave,
holiday leave and retirement will be discontinued until the employee returns to work unless provided for
under state or federal guidelines. Insurance benefits may be continued under approved unpaid leave if the
full premium is paid by the employee.
9-11 Family and Medical Leave
The Family and Medical Leave Act of 1993 (FMLA) grants eligible employees the statutory right to take up to
12 weeks of paid and/or unpaid leave per year under specified circumstances related to serious health
conditions and childbirth. Employees are encouraged to talk with their supervisors, Department Head, or
Human Resource Director to raise concerns and seek information about the Family and Medical Leave Act, or
their working conditions related to taking such leave, without fear of retaliation.
A. Eligible Employees
Only eligible employees are entitled to take FMLA leave. An eligible employee is a:
1. Has worked for the City for at least 12 months; and
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2. Has at least 1,250 hours of service for the City during the 12 month period immediately preceding
the leave
3. Be a full- or part-time, regular employee (temporary employees and interns are not eligible for
this benefit).
Eligible employees are entitled to 12 weeks of paid or unpaid Family and Medical Leave within the
calculated leave year if the following definition of serious health condition is met:
1. An illness, injury, impairment, or physical or mental condition that involves either an overnight
stay in a medical care facility, or continuing treatment by a health care provider for a condition
that either prevents the employee from performing the functions of the employee’s job, or
2. Prevents the qualified family member from participating in school or other daily activities. Subject
to certain conditions, the continuing treatment requirement may be met by a period of incapacity
of more than 3 consecutive calendar days combined with at least two visits to a health care
provider or one visit and a regimen of continuing treatment, or
3. Incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet
the definition of continuing treatment.
B. Military Family Leave Entitlements Member
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in
the National Guard or Reserves in support of a contingency operation may use their 12-week leave
entitlement to address certain qualifying exigencies. Qualifying exigencies may include:
1. Attending certain military events,
2. Arranging for alternative childcare,
3. Addressing certain financial and legal arrangements,
4. Attending certain counseling sessions, and
5. Attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of
leave to care for a covered service-member during a single 12-month period. A covered service member is
a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a
serious injury or illness incurred in the line of duty on active duty that may render the service member
medically unfit to perform his or her duties for which the service member is undergoing medical
treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired
list.
C. Rolling 12 Month Period
A “rolling” 12-month period is measured backward from the date an employee uses any FMLA leave. Each
time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12
weeks, which has not been used during the immediately preceding 12 months. FMLA leave may be
approved for a maximum of 12 weeks in a 12-month period.
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D. Example for 12-Month Rolling Period
If an employee has taken eight (8) weeks of leave during the past twelve (12) months, an additional four
(4) weeks of leave could be taken. If an employee used four (4) weeks beginning February 1, 2003, and
four (4) weeks beginning June 1, and 4 weeks beginning December 1, 2003, the employee would not be
entitled to any additional leave until February 1, 2004. However, beginning on February 1, 2004, the
employee would be entitled to four (4) weeks of leave, on June 1 the employee would be entitled to an
additional four (4) weeks, etc.
E. Intermittent Leave
When medically necessary, an employee may be eligible to take FMLA Leave intermittently for their own
serious health condition, the serious health condition of a spouse, child or parent or for military caregiver
leave. An employee must make reasonable attempts to arrange leave to minimize disruption of the City’s
operations. Qualifying exigency leave may also be taken intermittently; however, leave due to the birth or
placement of a child for adoption or foster care may not be taken intermittently and must be completed
within a 12-month period from the date of birth or placement of the child and requires the City
Manager/Personnel Officer’s approval.
F. Notice of Leave
An employee should not use FMLA leave to circumvent their Department’s leave request procedure. An
employee should contact Human Resources 30 days in advance of when they want the leave to begin. In
case of an emergency, the employee should contact Human Resources as soon as is practical. Supervisors
also have a responsibility to notify Human Resources if they are aware of an employee with a medical
condition who may be eligible to be placed on FMLA Leave. Failure to provide timely notice may result in
a delay in the start of FMLA leave. Within five business days of the leave request, Human Resources will
notify the employee if the leave will be designated as FMLA Leave.
G. Concurrent Leave
When taking FMLA Leave, an employee is required to use accrued paid leave (sick leave, compensatory
time and vacation) before going on unpaid leave status. The City recognizes that employees may need to
take time, under this policy, to care for a seriously ill spouse or family member. However, a supervisor
may require an employee to return to work and an employee may be subject to discipline if they use
FMLA leave for unrelated activities such as working a second job or any other activity not related to caring
for a family member during regularly scheduled work hours.
H. Worker’s Compensation Leave
An absence from work due to an on-the-job injury or illness, which qualifies as a Worker's Compensation
absence also qualifies as an FMLA absence. Accordingly, FMLA leave will run concurrently with any
Worker’s Compensation absence to the extent the Worker’s Compensation injury or illness also qualifies
as a serious health condition.
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I. Paid Leave During FMLA Leave
An employee is required to use accrued vacation, comp time, or sick leave during a FMLA leave according
to the provisions of the City’s sick and annual leave policies. Consistent with sick leave policies, sick leave
may only be used to care for the medical needs of the employee or another qualified individual, as
defined in the Family Medical Leave Act. In all other situations, leave without pay will apply.
J. Maintenance of Benefits
The City will continue health benefits (medical and dental insurance coverage) for benefit-eligible
employees during any paid FMLA leave on the same basis as for active employees.
The regularly deducted premiums due for medical and dental coverage during periods of unpaid FMLA
leave will be collected according to existing procedures for premium payment during an approved leave
without pay. Employees will be contacted by Human Resources regarding provisions for payments. If an
employee fails to make payments for their portion of the insurance premiums in a timely manner, the
City may terminate those benefits.
The health savings account (HSA) program is governed by specifications of the HSA plan. Human
Resources will inform employees regarding payment provisions for continuation of the HSA plan during
FMLA leave.
Under circumstances where an employee fails, without cause related to any medical condition, to report
back after the leave ends, they may be required to reimburse the City for the health insurance premium
costs paid on their behalf during the entire period of the leave.
Upon return from FMLA Leave, an employee will be restored to their original position or an equivalent
position if the original position is not available. Upon returning from leave for their own serious health
condition, an employee may be required to provide a fitness for duty (FFD) certification signed by a health
care provider. Failure to provide a FFD certification may delay an employee’s return to work.
Employees with questions regarding FMLA Leave, may contact Human Resources.
9-12 Parental Leave
The City will provide up to twelve (12) weeks of unpaid parental leave to employees following the birth of an
employee’s child or the placement of a child with an employee in connection with adoption or foster care.
The purpose of parental leave is to enable the employee to care for and bond with a newborn or a newly
adopted or newly placed child. This policy will run concurrently with Family and Medical Leave Act (FMLA)
leave, as applicable.
A. Eligibility
Eligible employees must meet the following criteria:
1. Have been employed with the City for at least 12 months (the 12 months do not need to be
consecutive).
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2. Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the
date the leave would begin.
3. Be a full- or part-time, regular employee (temporary employees and interns are not eligible for
this benefit).
In addition, employees must meet one of the following criteria:
1. Have given birth to a child.
2. Be a spouse or committed partner of a woman who has given birth to a child.
3. Have adopted a child or been placed with a foster child (in either case, the child must be age 17
or younger).
Amount, Time Frame and Duration of Parental Leave:
1. Eligible employees will receive a maximum of twelve weeks of unpaid parental leave per birth,
adoption or placement of a child/children. The fact that a multiple birth, adoption or placement
occurs (e.g., the birth of twins or adoption of siblings) does not increase the twelve-week total
amount of unpaid parental leave granted for that event. In addition, in no case will an employee
receive more than twelve weeks of unpaid parental leave in a rolling 12-month period,
regardless of whether more than one birth, adoption or foster care placement event occurs
within that 12-month time frame.
2. Approved unpaid parental leave may be taken at any time during the six-month period
immediately following the birth, adoption or placement of a child with the employee.
B. Coordination with Other Policies
1. Unpaid parental leave taken under this policy will run concurrently with leave under the FMLA;
thus, any leave taken under this policy that falls under the definition of circumstances qualifying
for leave due to the birth or placement of a child due to adoption or foster care, the leave will be
counted toward the twelve weeks of available FMLA leave per a 12-month period. All other
requirements and provisions under the FMLA will apply. In no case will the total amount of
leave—whether paid or unpaid—granted to the employee under the FMLA exceed 12 weeks
during the 12-month FMLA period. Please refer to the Family and Medical Leave Policy for
further guidance on the FMLA.
2. The City will maintain all benefits for employees during the unpaid parental leave period just as
if they were taking any other leave such as paid vacation leave or paid sick leave.
3. If a holiday occurs while the employee is on unpaid parental leave, such day will be charged to
holiday pay; however, such holiday pay will not extend the total parental leave entitlement.
C. Requests for Unpaid Parental Leave
1. The employee will provide his or her supervisor and the Human Resource Director with notice of
the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was
not foreseeable, as soon as possible). The employee must complete the necessary HR forms and
provide all documentation as required by the HR department to substantiate the request.
2. As is the case with all City policies, the organization has the exclusive right to interpret this
policy.
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9-13 Leave Without Pay
Employees are advised to accumulate leave to have available time off for unexpected reasons such as
vacation opportunities, family events, injury or illness. Employees that have not kept adequate leave balances
may request leave without pay.
The City may terminate insurance benefits during any leave without pay exceeding one full pay period.
Vacation time and sick leave will be prorated based on the hours worked for the pay period when leave
without pay is used.
Leaves of absence without pay may be granted by a Department Head, in consultation with Human
Resources, for the following reasons only:
1. Military leaves of absence (exempt employees may be eligible for paid leave [less military pay] for
short-term military duty as required by the Fair Labor Standards Act;
2. Eligible leave covered under the Family and Medical Leave Act or the Americans with Disabilities Act;
3. Other medical absences of less than five working days when the Department Head determines that
absence will not adversely impact operations;
4. Temporary leaves of absence to mitigate budget shortfalls;
5. Jury duty and witness leave;
6. Disciplinary action;
7. Previously scheduled commitments of new employees that are agreed to at the time of job offer.
Any leave without pay must be approved in writing by the Department Head in consultation with Human
Resources.
9-14 Leave of Absence
Leaves of Absence may happen under the following:
1. Under special circumstances, employees may find it necessary to request leave without pay for a
reason other than family or medical leave;
2. Full-time employees who have successfully completed their probationary period are eligible to
request leave as described in this policy;
3. Eligible employees may be granted a period of up to 30 consecutive calendar days on a rolling year
basis. If this initial period of absence proves insufficient, consideration will be given to a written
request for a single extension of no more than 60 consecutive calendar days;
4. Eligible employees interested in a leave of absence must submit a written request to their
Department Head detailing the nature of the leave;
5. Requests for leave of absence will be considered based on criteria such as the nature of the request,
the impact to the organization, and the benefit to the employee and/or the City. The City may not
grant a leave of absence without pay unless the employee will return to City employment at the end
of the leave;
6. Prior written approval will be obtained from the employee’s Department Head, Human Resource
Director and the City Manager/Personnel Officer.
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7. During an approved leave of absence, an employee is required to use any applicable and available
paid leave before the commencement of any leave of absence without pay;
8. Once the employee has exhausted all of his or her applicable leave benefits, they will no longer
continue to accrue vacation, sick leave, holiday leave, and other City benefits during the approved
leave of absence period, unless provided for under state or federal guidelines;
9. Accrued leave benefits must be used during an approved leave of absence in order to maintain City
provided benefits. If an employee has no accrued leave, all benefits will be discontinued until the
employee returns to work. Insurance benefits may be continued if the full premium is paid by the
employee;
10. At the completion of an approved leave of absence, every reasonable effort will be made to return
the employee to the same position, if it is available, or to a similar available position for which the
employee is qualified, or in accordance with any leave agreement(s). However, the City cannot
guarantee reinstatement in all cases and is under no obligation to hold a specific job;
11. If an employee fails to report to work promptly at the expiration of the approved leave period, the
City will assume the employee has resigned.
9-15 Time Off to Vote
The City encourages employees to fulfill their civic responsibilities by participating in elections. Generally,
employees are able to find time to vote either before or after their regular work schedule. If employees are
unable to vote in an election during their nonworking hours, their Department Head may grant a reasonable
amount of paid time off, up to two hours, for employees to vote. Employees should request time off to vote
from their supervisor at least two working days prior to the election day. Advance notice is required so the
necessary time off can be scheduled to minimize disruption of work schedules and operations.
9-16 Administrative Leave With Pay
Administrative leave with pay may be granted with prior approval of the City Manager/Personnel Officer or
designee under the following circumstances:
1. Pending the outcome of an investigation to determine possible disciplinary action against the
employee.
2. With regard to incidents resulting in extreme stress.
Any employee placed on administrative leave with pay must be available and responsive to their supervisor
or Department Head during regular business hours.
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Section 10 - Employee Conduct
10-1 Overview of Appropriate Employee Conduct
Employees are expected to exhibit a high degree of personal integrity at all times. Employees should refrain
from any behavior that might be harmful to themselves, coworkers and/or the City, or that might be viewed
unfavorably by the public at large.
Employees’ conduct, whether on duty or off, reflects on the City. Consequently, employees must observe the
highest standards of professionalism at all times. It is the responsibility of each employee to comply with
these standards, department policies and the supervisory instructions given to them for performance of their
duties. Types of behavior and conduct that the City considers important include, but are not limited to, the
following:
A. Duty to Act Lawfully
This includes knowing the law and following it.
B. Confidentiality
Unless authorized, City employees shall not interfere, offer advice, or otherwise make comments
regarding any incident surrounding a City legal issue, pending court case regarding City business, or
employee disciplinary action to the public or other City employees. Inappropriate release or discussion of
confidential City information to unauthorized individuals will result in disciplinary action and possible
termination. All press inquiries should be referred to the Communications and Engagement Manager.
Nothing in this section is intended to interfere with an employee’s rights under Section 7 of the National
Labor Relations Act (see Section 1-2).
C. Duty of Ethical Conduct and Loyalty to the City
This duty includes avoiding any activities which may conflict with City responsibilities; respecting and
preserving City property and resources; maintaining official confidences; not abusing City time, benefits
or privileges of employment; and acting ethically and honestly in all matters which may reflect on the
reputation of the City.
D. Duty to Promote Work Efficiency and Morale
This duty includes being present, punctual and fit for all assigned duties; acting competently; following
supervisor instructions; respecting the personal health, dignity, reputation, property and time of
coworkers; reporting workplace hazards and fostering safety; and promoting positive communication,
good morale and maximum efficiency within the organization.
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E. Duty of Service to the General Public
This duty includes promoting the health, safety and welfare of the general public; displaying respect for
members of the public; being diplomatic, helpful and speaking truthfully; promptly removing or reporting
public hazards; being conscious of and containing costs of government; and dressing and acting in a
manner which encourages confidence in the City and its workforce.
Should an employee’s performance, work habits, overall attitude, conduct or demeanor become
unsatisfactory in the judgment of the City, based on violations either of the above or any other City
policies, rules or regulations, employees can be subject to disciplinary action, up to and including
dismissal.
F. Workplace Conduct
Unacceptable conduct may subject the offender to disciplinary action, up to and including discharge, in
the City's sole discretion. The following are examples of some, but not all, conduct which can be
considered unacceptable:
1. Obtaining employment on the basis of false or misleading information;
2. Stealing, removing or defacing City property or a co-worker's property, and/or disclosure of
confidential information;
3. Completing another employee's time records or requesting that another employee do so or
otherwise altering time records without authorization;
4. Violation of safety rules and policies;
5. Violation of the City's Drug and Alcohol-Free Workplace Policy;
6. Fighting, threatening or disrupting the work of others or other violations of the City's workplace
violence policy;
7. Failure to follow lawful instructions of a supervisor.
8. Failure to perform assigned job duties.
9. Violation of the punctuality and attendance policy, including but not limited to irregular
attendance, habitual tardiness or unexcused absences;
10. Gambling on City property;
11. Willful or careless destruction or damage to City assets or to the equipment or possessions of
another employee;
12. Wasting work materials;
13. Performing work of a personal nature during working time;
14. Violation of the City's Equal Employment Opportunity Policies;
15. Violation of the communication and computer systems policy;
16. Unsatisfactory job performance;
17. Bullying or other inappropriate intimidation or coercion;
18. Any other violation of City policy.
Not every type of misconduct is listed above. The City reserves the right to impose whatever discipline it
chooses, or none at all, in a particular instance. The City will deal with each situation individually and nothing
in this Handbook should be construed as a promise of specific treatment in a given situation. However, the
City will endeavor to utilize progressive discipline but reserves the right in its sole discretion to terminate an
employee at any time for any reason to the extent allowed by law.
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10-2 Conflict of Interest and Business Ethics
The City’s Municipal Code Section 2.01 outlines the City’s policy on maintaining an employment relationship
absent of any conflict of interest. The City is required to advise all employees, officers (elected officials), and
volunteers, of their responsibilities outlined in the conflict of interest policy, as well as obtain documentation
of compliance. As a result, employees must complete a conflict of interest form at time of hire and each
subsequent year.
A. Ethics for City Employees and Officials
Definitions
The following definitions apply to this Chapter:
A. “Employee” means a person who is not an elected officer of the City of Moab and who performs
services for the City on a full or part time basis in exchange for wages.
B. “Entity” means a sole proprietorship, partnership, association, joint venture, corporation, trust, limited
liability company, or similar business entity.
C. “Interest” means a pecuniary, monetary, or other material benefit which may accrue to a City official or
employee as a result of any business transaction, contract, or official act by the City. For purposes of this
Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of:
1. A spouse, sibling, child (whether natural, step or adoptive and regardless of age),
parent/grandparent, aunt/uncle, niece/nephew, or first cousin;
2. A household member, which is defined to be an unrelated adult living with the official or
employee in the same domicile;
3. A business entity in which the official or employee is an officer, director, manager, or employee;
or
4. A business entity in which the official or employee holds legal or beneficial ownership in excess of
ten percent (10%) of the total stock or total beneficial ownership.
D. “Official” means the Mayor, the members of the City Council, and the appointed members of all other
City boards or commissions.
B. Provisions Supplemental to State Law
The provisions of this Chapter are supplemental, and in addition to, the provisions of the Utah Municipal
Officers’ and Employees’ Ethics Act, U.C.A. § 10-3-1301, et seq.
C. No Oversight of Related Persons
An employee or official of the City shall not supervise or exercise oversight with respect to any City
contract where the employee or official has an interest, as defined by this Chapter, in the party
performing the contract.
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D. Disclosure as to Related Businesses; Disqualification
Every employee or official of the City who has an interest, as defined by this Chapter, in a related person,
business, or entity shall publicly disclose to the City, in writing and on forms maintained by the City, the
nature of that interest immediately prior to any official action or discussion with respect to that related
person, business, or entity. For purposes of this subsection, the disclosure is required where the
employee or official has an interest in a person, business, or entity or who:
1. Maintains or anticipates entering into a contract with the City;
2. Seeks City approval of a license, permit, land-use application, or similar City decision; or
3. May be subject to regulatory, enforcement, or legal action by the City.
The employee or official having an interest as described in this subsection shall not vote or otherwise
participate in any decision or official action pertaining to that related person, business, or entity, and the
disclosure shall be noted in the minutes of the decision-making body.
E. Annual Disclosures
Employees and officials shall disclose in writing, at least annually, their interest in all entities doing
business with the City. Written disclosures shall be updated promptly when there is any change in the
employee or official’s interest in a related entity.
F. No Disclosure of Confidential Information Pertaining to City Business
No City employee or official, with respect to any contract, transaction, or decision which is or may be the
subject of an official act of the City shall, without proper legal authorization, disclose private, controlled,
or protected information concerning the transaction, any actions of the City, or otherwise use such
information to benefit the personal or economic interest of the employee or official, or others.
The terms “private,” “controlled,” or “protected” shall have the same meanings as defined in the Utah
Government Records Access and Management Act (GRAMA), U.C.A. § 63G-2-103.
G. Retaliation Prohibited
Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in
violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in
this provision shall be deemed to alter any other employment policies or procedures.
H. Employees and Officials Prohibited from Using Position to Secure Special Privileges for Related
Parties
No employee or official shall use his or her office or position for the purpose of securing special privileges
or pecuniary benefits for the employee or official, or for entities or persons in which that employee has
an interest, as defined by this Chapter.
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I. Disclosure of Persons and Businesses Doing Business with the City
The identity of persons or entities doing business or maintaining contracts with the City is public
information which is subject to disclosure pursuant to requests under the Government Records Access
and Management Act.
J. Remedies
The sole remedies for violations of this Chapter are as follows:
1. A contract, transaction, or decision which is approved in violation of this Chapter is voidable, in
whole or in part, at the discretion of the City Council or applicable decision-making body.
2. An employee who knowingly violates this Chapter may face disciplinary action, subject to
applicable personnel policies, up to and including termination.
3. An official who knowingly violates this Chapter may be subject to removal from office in the
manner otherwise provided by law.
4. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any
person who may seek to set aside a particular contract, transaction, or decision.
10-3 Information Reporting & Whistle Blowing
A. Liability to Report
If an employee becomes aware of any occurrence which may give rise to a lawsuit, or receives a notice of
claim, or is sued because of an incident related to their employment, or receives a subpoena related to
their employment, they shall immediately notify their supervisor, Department Head and City Attorney. In
most cases, under provisions of the Utah Governmental Immunity Act, employees shall receive defense
and indemnification by the City unless the case involves fraud, malice, or the use of alcohol or drugs by
the employee or was not within the scope of the employee’s employment. If a lawsuit results against an
employee, the Governmental Immunity Act stipulates that the employee must request a defense from
the City in writing within ten (10) calendar days of receipt of the lawsuit from the City.
B. Whistle Blowing
Employees have a responsibility to formally inform appropriate administrative official if they become
aware of, or reasonably suspect the waste of public funds, property, manpower or a violation of law,
relating to their employment. Employees should give written notice to, or otherwise formally inform, the
appropriate administrative official as soon as possible when they become aware of the suspected waste
or violation. An appropriate administrative official is the employee’s immediate supervisor, unless they
reasonably believe the supervisor cannot or will not fairly and constructively report the problem. If that is
the case, the employee may report the incident to the Mayor, City Manager/Personnel Officer, Assistant
City Manager/Personnel Officers, Department Head, Human Resource Director, City Attorney or the State
Auditor.
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C. Improper Disclosure
Employees should refrain from spreading information which is detrimental to City operations or other
employees which an employee knows, or has reason to know, is malicious, false or inaccurate. Employees
are not to disclose or induce others to disclose confidential information acquired due to their position.
Employees are not allowed to use confidential information for their own gain, benefit or purposes.
D. Assist Investigations
Employees have a duty to participate in an investigation, hearing, inquiry or other form of administrative
review by the City arising from a report of the existence of any waste of public funds, property,
manpower or violation of law as may be requested by City officials.
10-4 Outside Employment
The City of Moab recognizes that some employees may need or want to hold additional jobs outside their
employment with the City. Employees of the City are permitted to engage in outside work or hold other jobs,
subject to certain restrictions based on reasonable business concerns and approval by the Department Head
and City Manager/Personnel Officer.
A. Procedure
The City applies this policy consistently and non-discriminatorily to all employees, and in compliance with
all applicable employment and labor laws and regulations. The following rules for outside employment
apply to all employees:
1. Work-related activities and conduct away from the City must not compete with, conflict with or
compromise the City’s interests or adversely affect job performance and the ability to fulfill all
responsibilities of their position at the City. This prohibition also extends to the use of any City
tools or equipment and the unauthorized use or application of any City confidential information.
In addition, employees may not solicit any outside business during work time for the City.
2. City employees must carefully consider the demands that additional work activity will create
before accepting outside employment. Outside employment will not be considered an excuse for
poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work
overtime or different hours. Employees are expected to work, and be available to work, during
the hours required of the employee’s position with the City. If outside work activity causes or
contributes to job-related problems at the City, the employee will be asked to discontinue outside
employment, and the employee may be subject to the normal disciplinary procedures for dealing
with the resulting job-related problem(s).
3. In evaluating the effect that outside work may have on an employee’s job performance and other
job-related responsibilities, the employee’s Department Head will consider whether the proposed
employment:
a. May reduce the employee’s efficiency in working in the City.
b. Affects the employee’s ability to respond to being on-call for the City.
c. Involves working for an organization that does a significant amount of business with the City,
such as major contractors, suppliers, service providers.
d. May adversely affect the City’s image.
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e. May create a conflict of interest. A conflict of interest is defined as a substantial conflict
between an employee’s private interests and his or her public duties.
4. Employees who have accepted outside employment may not use City paid sick leave to perform
work on the outside job.
5. The Department Head may pursue disciplinary action up to and including termination of
employment for the fraudulent use of City sick leave or for issues identified above.
6. An authorization form must be filled out and signed each year declaring the employee’s outside
job, the job duties, and hours worked. This form must be signed by the employee’s supervisor,
Department Head, and City Manager/Personnel Officer. This form must then be submitted to the
Human Resource Department and placed in the employee’s personnel file. Failure to submit an
authorization form is cause for disciplinary action.
10-5 Use of Communications and Computer Systems
A. Prohibited Communications
Employees are advised of the following prohibited activities and prohibited uses of City electronic media:
1. Prohibited Activities. Sending, receiving, displaying, printing or otherwise disseminating material
that is fraudulent, harassing, illegal, sexually revealing, explicit or obscene. Employees or users
encountering such material should immediately report it to their supervisor/ manager or a
Human Resources representative.
2. Prohibited Uses. Employees or users may not utilize the City’s internet, intranet and email
resources for commercial and personal advertisements, solicitations, promotions, destructive
programs (i.e., viruses or self-replicating software), political material, gambling or any other use
that is or may be adverse to the best interests of the organization or in violation of this
Handbook. Employees should exercise the same care in drafting email as they would for any
other written communication. Anything created on the computer or internet may be viewed by
others. Visiting adult websites containing sexual images is strictly prohibited.
3. In addition, electronic media cannot be used for knowingly transmitting, retrieving, or storing any
communication that is:
a. Discriminatory or harassing;
b. Derogatory to any individual or group;
c. Obscene, sexually explicit or pornographic;
d. Defamatory or threatening;
e. In violation of any license governing the use of software;
f. Engaged in for any purpose that is illegal or contrary to City policy or professional interests
g. In violation of this Handbook.
B. Personal Use
The City provides employees with computers, telephones, e-mail, internet and electronic media for
business purposes to assist employees in the performance of their jobs. Occasional or incidental use of
electronic media (e.g. sending or receiving e-mail or telephone calls) for personal, non-City purposes,
should be done in a manner that does not negatively affect the systems' use for City purposes or
employee productivity. Employees are expected to demonstrate a sense of personal responsibility and
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accountability in using City resources for personal purposes. Use of the City computers, computer
resources, e-mail, or other resources for the employee’s outside business endeavors is prohibited. Under
no circumstances may any employee use City computers, computer resources, internet access, e-mail, or
other resources to run, support or operate a personal business.
C. Access to Employee Communications
1. Electronic information created and/or communicated by an employee using a City computer, e-
mail, word processing, utility programs, spreadsheets, voicemail, telephones, internet, and similar
electronic media may be monitored by the City.
2. The City gathers and stores daily user log files for most electronic activities and monitors
employee communications directly (e.g., telephone numbers dialed, emails sent and received,
internet sites visited, call length, and time at which calls are made) for the following purposes:
a. Confidentiality and data security;
b. Cost analysis;
c. Resource allocation;
d. Monitor and prevent potential internet virus intrusions;
e. Optimum technical management of information resources;
f. Detecting patterns of use that indicate employees are violating City policies or engaging in
illegal activity.
3. The City reserves the right, at its discretion, to review any employee's City-issued electronic
devices, files and messages to the extent necessary to ensure electronic media and services are
not being compromised and are being used in compliance with the law, this policy and any other
City policies. Accordingly, employees have no expectation of privacy over any material that is
viewed, transmitted, or stored (whether in active, archived, or deleted files) on a City-issued
electronic device.
4. Employees should not assume electronic communications are private. Accordingly, if an
employee has personal sensitive information to transmit electronically, they should use other
personal means not provided by the City or on City computers, telephones, fax machines,
printers, etc.
5. In order to prevent security breaches of the City’s information systems, an employee’s computer
should be manually locked when an employee leaves the workstation regardless of the length of
time that the employee will be away. Employees should not rely on auto- lock features that lock
the computer after a pre-set number of minutes.
D. Software
To prevent potential computer virus intrusions from being transmitted through the City's network
system, downloading of any unauthorized programs or software is strictly prohibited. Only software
registered through the City and installed by authorized Information Technology personnel may be
downloaded. Employees should contact the City’s Information Technology Department if they have any
questions.
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E. Security/Appropriate Use
Employees must respect the confidentiality of other individuals' electronic communications. Employees
are prohibited from engaging in or attempting to engage in the following:
1. Monitoring or intercepting the files or electronic communications of other employees or third
parties;
2. Hacking or obtaining security access to systems or accounts they are not authorized to use;
3. Using other people's log-ins or passwords;
4. Using online chat/instant messenger (IM) programs for non business related activity.
5. Breaching, testing, or monitoring computer or network security measures.
No e-mail or other electronic communications can be sent that attempt to hide the identity of the sender
or represent the sender as someone else.
Electronic media and services should not be used in a manner that is likely to cause network congestion
or significantly hamper the ability of other people to access and use the system.
Anyone obtaining electronic access to other companies' or individuals' materials must respect all
copyrights and cannot copy, retrieve, modify or forward copyrighted materials except as permitted by the
copyright owner.
F. Encryptions
Encryption software may be utilized for purposes of safeguarding sensitive or confidential business
information. Employees who may use encryption on files stored on a City computer must provide their
supervisor with a sealed hard copy record (to be retained in a secure location) of all of the passwords
and/or encryption keys necessary to access the files.
G. Online Chat Rooms/Instant Messaging
Employees should remember that any messages or information sent using City provided computers and
equipment to one or more individuals via an electronic network (e.g., internet mailing lists, bulletin
boards, chat rooms, and online services) are statements identifiable and attributable. The installation or
use of external online instant messaging programs is prohibited without prior City approval.
The City recognizes that participation in some forums may be important to the performance of an
employee's job. For instance, an employee may find the answer to a technical problem by consulting
members of a user group devoted to a particular technical area.
H. Portable Communication Device Use While Driving
Employees who drive on City business must abide by all state or local laws prohibiting or limiting PCD (cell
phone or personal digital assistant) use while driving. Further, even if usage is permitted, employees may
choose to refrain from using any PCD while driving. "Use" includes, but is not limited to, talking or
listening to another person or sending an electronic or text message via the PCD.
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Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while driving,
employees should proceed to a safe location off the road and safely stop the vehicle before placing or
accepting a call. If acceptance of a call is absolutely necessary while the employee is driving, and
permitted by law, the employee must use a hands-free option and advise the caller that they are unable
to speak at that time and will return the call shortly.
Under no circumstances should employees feel that they need to place themselves at risk to fulfill City
business needs.
Because this policy does not require any employee to use a cell phone while driving, employees who are
charged with traffic violations resulting from the use of their PCDs while driving will be solely responsible
for all liabilities that result from such actions.
Texting and emailing while driving is prohibited in all circumstances.
I. Violations
Violations of previous sections of this policy which outline the privilege of access to email, telephones, the
internet or any other City electronic media will be subject to disciplinary action, up to and including
termination of employment, legal action, and/or criminal liability.
J. Electronic Mail Accounts for Council Members
The City will provide an email account to City Council members. This account shall be used for City
business only, enabling communications with the public, City staff, and other elected and/or appointed
officials. Council members must also follow City e-mail policy. The e-mail account will be deactivated
when the City Council member completes a term without re-election or resigns.
10-6 Social Media
The City recognizes the growing importance of online social media networks as a communication tool. This
policy addresses employees’ use of such networks including: personal websites, web logs (blogs), wikis, social
networks, online forums, virtual worlds, and any other kind of social media. The City respects the right of
employees to use these mediums during their personal time. Use of these mediums during City time or on
City equipment, however, is prohibited.
A. Guidelines
The City takes no position on employees’ decision to participate in the use of social media networks. In
general, employees who participate in social media are free to publish personal information on personal
time without interference by the City. However, Employees may not post on a blog or web page or
participate on a social networking platform, such as Twitter or similar site, during work time or at any
time with City equipment or property unless authorized to do so. Employees must avoid, posting
information that could harm City operations using the guidelines set forth below:
1. If an employee chooses to identify as a City employee on any social media network, they must
adhere to the following:
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2. Employees are required to state in clear terms that the views expressed on any social media
network are the employee’s alone and that they do not necessarily reflect the views of the City;
3. Employees are prohibited from disclosing information on any social media network that is
confidential or proprietary to the City or to a third party that has disclosed information to the
City; For example, information about or identifying co-workers or incidents that occur at the City.
4. Employees are prohibited from displaying the City’s logo on any social media network without
permission from the City Manager/Personnel Officer;
5. Employees are prohibited from making statements about the City, their co-workers, elected
officials, or other agencies that could be considered as harassing, threatening, libelous, or
defamatory in any way;
6. Employees are prohibited from acting as a spokesperson for the City or posting comments as a
representative of the City unless authorized to do so such as the Communications and
Engagement Manager;
7. Employees are prohibited from sharing any communication that engages in personal or sexual
harassment, unfounded accusations, or remarks that would contribute to a hostile work
environment (racial, sexual, religious, etc.), as well as any behavior not in agreement with this
Handbook or general policies and procedures.
8. Employees who participate in social media may still decide to include information about their
work at the City as part of their personal profile, as it would relate to a typical social conversation.
This may include:
a. Work information included in a personal profile, to include city name, job title, and job
duties.
b. Status updates regarding an employee’s own job promotion.
c. Personal participation in City sponsored events, including volunteer activities.
9. An employee who is responsible for a social media posting that fails to comply with the guidelines
set forth in this policy or that otherwise causes harm to the City may be subject to discipline, up
to and including termination. Employees will be held responsible for the disclosure, whether
purposeful or inadvertent, of confidential or proprietary City information, information that
violates the privacy rights or other rights of a third party, or the content of anything posted on
any social media. Further, employees may be liable for monetary damages for such disclosure.
10. Finally, employees should let the Human Resource Director and Communications and
Engagement Manager know if they encounter incorrect information about the City online.
Employees themselves should not attempt to correct any such information on behalf of the City.
The City recognizes the right of all employees to engage in concerted activity as allowed by Section 7 of the
National Labor Relations Act. Accordingly, nothing in this policy is intended to interfere with the employee’s
exercise of their rights under Section 7 of the National Labor Relations Act. The City will not discipline or
retaliate against employees for social media activity that is protected by Section 7. See Section 1-2.
10-7 Productivity
All employees should maximize their productivity and look for ways to reduce and/or eliminate the waste of
time, money, and other resources in their jobs. Supervisors should assign work to make the best use of
employees’ skills and talents whenever possible.
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10-8 Cell Phone Policy
A. Executive Summary
The purpose of this Cell Phone Policy is to describe:
1. The positions in the City that are eligible for or required to have a cell phone and/or data card
(“Cell Services”),
2. The level of Cell Services available to each position,
3. The purpose or reason such positions receive Cell Services,
4. How the City will cover the costs of Cell Services including:
a. Upfront equipment costs,
b. Monthly service charges,
c. Reimbursements for use of personal devices, and
d. End of service/replacement costs.
Positions, Level of Service and Costs
The City provides Cell Services to the following positions at the level of service listed to perform the
necessary functions as described herein. With the exception of Public Safety, all positions default to
Google Voice unless a justification is made by the Department Head or director and approved by the City
Manager/Personnel Officer. The City will pay the cost for a Google Voice number. The City will not
reimburse the employee for equipment costs. If the equipment is damaged during use while conducting
City business, the City will reimburse replacement costs of equal or lesser value equipment. The
employee takes full responsibility for replacing the equipment if it is damaged during personal use.
The specified levels of service are as follows:
Level of
Service
Description Plan Service Fees Total
Cell Phone 1 Phone, Email,
Text, Data
Email & Data
Unlimited +
Text
$39.99 $2.53 $42.52
Cell Phone 2 Phone, Email,
Text, Data,
Hotspot
Nationwide
Email & Data
400, 4G
Smartphone
Hotspot
$44.99 $2.53 $47.52
Air Card 1 Mobile
Broadband
Mobile
Broadband
Unlimited
$39.99 $.02 $40.01
Department & Position Level of Service Purpose
Administration Cell Phone 2
● City Manager/Personnel
Officer
Contact and be available to all
employees and elected officials
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● Assistant City
Manager
● Communications &
Engagement Director
● City Attorney
and others conducting business
with City via voice, email, text.
Use cell as a hotspot to connect
computer anytime. Etc.
Administration Cell Phone 1
● Sustainability Director
● Executive
Administrative Assistant
Contact and be available to all
employees and elected officials
and others conducting business
with City via voice, email, text.
Use cell as a hotspot to connect
computer anytime. Etc.
Building Cell Phone1/Air Card 1
● Building Official
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice.
Engineering Cell Phone 1
● City Engineer
● Construction Inspector
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Facilities Cell Phone 1
● Facilities
Superintendent
● Facilities Worker
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Film Commission Cell Phone 2
● Film Commission
Director
Contact and be available to
supervisor, employees and
others conducting business with
City via voice, email, text. Use
cell as a hotspot to connect
computer anytime. Etc.
Finance Cell Phone 1
● Finance Director
● City Treasurer
● Assistant City Treasurer
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Human Resources Cell Phone 1
● Human Resource
Director
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
MARC Cell Phone 1
● Arts/Special Events
Manager
Contact and be available to
supervisor, employees, vendors
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● Arts/Special Events
Assistant
and others conducting business
with City via voice, email, text.
MRAC Cell Phone 1
● Aquatic Center
Manager
● Aquatic Manager
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Parks Cell Phone 1
● Parks Superintendent
● Parks Worker
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Planning Cell Phone 1
● Planning Director
● Senior Project Manager
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Public Works Cell Phone 1
● Public Works Director
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Recorder Cell Phone 1
● City Recorder
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Recreation Cell Phone 1
● Recreation & Trails
Director
● Sports & Recreation
Manager
● Sports & Recreation
Assistant
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Safety Cell Phone 1
● Safety Specialist
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Sewer Cell Phone 1
● Sewer Division
Superintendent
● Sewer Worker
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
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Streets Cell Phone 1
● Streets Superintendent
● Streets Worker
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Finance Cell Phone 1
● Finance Director
● City Treasurer
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Water Cell Phone 1
● Water Division
Superintendent
● Water Service Worker
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
WRF Cell Phone 1
● WRF Superintendent
● WRF Service Worker
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Animal Control Cell Phone 1/Air Card 1
● Animal Control
Supervisor
Animal Control Officer
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Animal Control Cell Phone 1
● Animal Shelter
Manager
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
Police Cell Phone 2/Air Card 1
● Police Chief
● Assistant Police Chief
Contact and be available to
supervisor, employees and
others conducting business with
City via voice, email, text. Use
cell as a hotspot to connect
computer anytime. Etc.
Police Cell Phone 1/Air Card 1
● Sergeant
● Police Officer
Contact and be available to
supervisor, employees, vendors
and others conducting business
with City via voice, email, text.
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B. Payment Obligations
City Provided Equipment
The City will pay for the full cost of the upfront equipment purchase and monthly service for each
position listed above. Each device will be considered to have a two (2) year life unless otherwise
determined by the City Manager/Personnel Officer at the time of purchase. At the end of the useful life,
the equipment will be replaced at the expense of the City with equipment that is technologically
compatible with cell phone level needs of position.
Personal Phone Use and City Reimbursement
The City will allow employees to use their personal cell number and equipment to meet the requirement
for cell service for each position except for the Police Department. The City will not reimburse the
employee for equipment costs. If the equipment is damaged during use while conducting City business,
the City will reimburse replacement costs of equal or lesser value equipment. The employee takes full
responsibility for replacing the equipment if it is damaged during personal use and will not receive the cell
phone reimbursement until such time that functioning equipment is available for use.
If an employee elects to use their personal cell phone number for City business, the City will reimburse
100% of the monthly service that it would provide based upon the expense it would have paid the
employee based upon the charts above. The employee’s personal cell phone number will be listed as a
public number.
To reduce the overall cell phone costs to the City and to simplify cell phone usage for employees, the City
encourages the use of personal cell phones under specific guidelines for conducting city business as
follows:
1. Texting is not an acceptable form of business communication for any City business. Employees
must use the city approved messaging app. Employees who utilize their personal device for City
business texting agree to subject the entire contents of their device to the Government Records
and Access Management Act (GRAMA) review or for review during any legitimate investigation
being conducted by or on behalf of the City.
2. Employees are encouraged to utilize the City approved voice app on their personal cell phones so
that all City calls placed/received, and voicemails are distinct and separate from personal use and
can be accessed accordingly for any GRAMA requests. Employees who utilize their personal cell
phone numbers for City business agree to subject the entire contents of their device to GRAMA
review or for review during any legitimate investigation being conducted by or on behalf of the
City.
Access to City provided resources/apps (e-mail, voice, messaging, calendar, etc.) for personal devices will
only be granted to City employees who have executed a cell phone policy agreement with the Human
Resource Director. Reimbursement levels will be predicated on executed cell phone policy agreements.
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10-9 Employee Dress and Personal Appearance
A. Purpose
City employees present the first impression of the City of Moab to members of the public, and therefore,
must always present a professional image . Professional attire complements an environment that reflects
an efficient, orderly, professionally operated organization. The purpose of this policy is to provide
guidelines for employees and management as to what does and does not constitute appropriate
professional attire. This policy is not an all-inclusive list of what is and is not acceptable and employees
must exert judgment in their choice of clothing that is worn to work. This policy is intended for all City
personnel working in both office and “in the field” settings.
A casual dress code is appropriate for City employees. Employees are expected to present a neat
appearance.
B. Field Personnel: Public Works Department Personnel
Employees performing Public Works Department maintenance and operations personnel are allowed to
wear jeans or similar attire which is appropriate to the type of work being performed. Field personnel
who are provided City-issued clothing are required to maintain and wear that clothing while on duty
unless otherwise approved by their Department Head. Public Works management and office personnel
will wear business casual or casual dress depending upon their particular job assignment. No shorts or
athletic shoes are allowed while at work unless approved in advance by the supervisor.
C. Compliance Requirements
Employees
City employees are responsible for complying with the above expectations and guidelines. Employees
should contact their supervisor or Human Resources if they have a question as to whether or not a certain
item is considered acceptable attire.
Management and Department Heads
Management and Department Heads are responsible for monitoring compliance with this policy within
their respective Departments. Department Heads have the discretion to further determine compliance
according to these standards.
Employee Request for Review
An employee who believes they have been treated unfairly or inappropriately under this policy may ask
that the matter be reviewed by Human Resources. Human Resources will work with the employee and
the Department Head to review the matter in a timely manner. The City Manager/Personnel Officer will
make the final decision as needed.
Exceptions
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Exceptions to this policy may be made on a case-by-case basis for religious reasons, medical conditions
and other applicable circumstances. Requests of this nature must be submitted in writing for review by
the Department Head and the Human Resources Department.
Review and Revision
The City reserves the right to rescind and/or amend this, and all City policies, at any time.
10-10 Outside Activities
City employees shall not use City-owned property or work time in support of outside interests and activities.
10-11 Tobacco Free Workplace
The City is subject to and enforces the Utah Indoor Clean Air Act and is committed to providing a safe and
healthful work environment. In order to maintain a safe and comfortable working environment, tobacco
usage, including smokeless tobacco (dip) and e-cigarettes, in City offices, facilities and vehicles is prohibited.
Because the City may be subject to criminal and civil penalties for violations of applicable tobacco laws, the
City will enforce strict adherence to this policy. Employees using tobacco in any tobacco free area may be
subject to disciplinary action.
All employees are prohibited from using all tobacco products throughout the workplace, including all City
buildings, vehicles, and equipment. Smoking or use of e-cigarettes is prohibited within 50 feet of any
entranceway, exit, open window, or air intake of City buildings.
The City encourages and supports employees who want to quit tobacco products. Tobacco cessation
programs are available through City health plan providers and through the EAP program. Contact Human
Resources for more details.
10-12 Employee Gun Use
Some employees may wish to carry a gun for personal protection. If an employee does so, the employee
must have a concealed carry permit as required by law.
With regard to using a gun, Police Officers are the only individuals authorized to use deadly force while acting
for and on behalf of the City. Under no circumstances will any other employee use deadly force as a function
of their job with the City. If an employee who is not a Police Officer uses deadly force, they will not have the
immunities or be entitled to the same indemnity afforded Police Officers.
10-13 Possession of Pornographic Materials
The City prohibits employees from possessing, distributing, or viewing any kind of pornographic materials in
the workplace including on City equipment, in vehicles, or on City property. Pornographic materials are
strictly prohibited. Employees found to have pornographic materials in their possession, within City
equipment, vehicles, or on City property are subject to disciplinary action up to and including termination.
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10-14 Drug Free Workplace and Testing Policy
A. Drug Free Workplace
The City uses alcohol and drug testing of applicants selected for safety sensitive positions and for
employees as specified in this section as a tool to administer its substance abuse policy. The policy
is designed to eliminate employees' use of alcohol and drugs that jeopardize safety of the
employee, co-workers, and the public, and that impede the efficiency of City operations and damage
the reputation of the City and its employees. In some cases, testing is required by federal law. This
policy is applicable to all City employees.
B. Zero Tolerance
Employees who refuse or fail to submit to testing or who test positive for use of alcohol and/or
illegal/illicit drugs are in violation of this policy, and disciplinary action will be taken against them, up
to and including termination.
C. Employee Responsibility
Alcohol and Drug Prohibitions
The use or possession of alcohol during scheduled working hours, including lunch hour, is prohibited. The
possession, transfer, sale or use of illegal or illicit drugs or the possession, transfer, sale or use of drug
paraphernalia while on City premises or during scheduled working hours is prohibited. Employees
reporting or returning to work, whose behavior may indicate the consumption of alcoholic beverages or
drugs, legal or illegal, may be referred for drug and alcohol testing and/or medical evaluation to
determine fitness for duty.
No employee shall:
1. Report for duty or remain on duty while having an alcohol concentration greater than 0.01.
2. Be on duty or operate a City motor vehicle while possessing alcohol;
3. Use alcohol while performing their daily functions;
4. Use alcohol for eight (8) hours following a work-related vehicle accident or until they undergo a
post-accident test, whichever comes first. (The employee must remain available for testing after
the accident.);
5. Not refuse to submit to a test for alcohol and/or illegal/illicit drugs as required by this policy;
6. Report for duty or work if the employee tests positive for illegal or illicit drugs;
7. Take anything that will alter the test results;
The City shall not permit an employee:
1. To continue to work after refusing to submit to a required test for illegal/illicit drugs and/or
alcohol;
2. To work or continue to work after they have tested positive for illegal/illicit drugs;
3. To represent the City in an official capacity while under the influence or impaired from the
influence of alcohol, illegal drugs, or legal drugs;
4. To operate a motor vehicle or engage in safety sensitive functions while on duty for the City while
under the influence of medication that may impair their judgment or performance. If an employee
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is using prescription or non-prescription medication, which may impair performance of duties, the
employee shall report the use to their supervisor.
Any employee convicted of a crime under a federal or state statute, which regulates controlled
substances and/or the use, manufacture, possession or distribution of alcohol, shall notify their
supervisor and the City Manager within five (5) calendar days after the date of conviction.
D. Disciplinary Action
Adverse job performance, attendance problems, behavior changes, harm to self or others, damage to City
vehicles, equipment and property as a result of the consumption and usage of illegal/illicit drugs and/or
alcohol in violation of this policy, may result in termination of employment with the City. Because of the
serious nature of illegal use or abuse of alcohol and/or controlled substances (prescribed or non-
prescribed), appropriate employee disciplinary action will be taken, up to and including termination.
E. Voluntary Rehabilitation
Seeking assistance for a drug or alcohol problem before it interferes with job performance and before
conviction will not jeopardize an employee's job, whereas unsatisfactory job performance,
attendance or behavioral problems will. Employees having a drug or alcohol problem are strongly
encouraged to seek help.
Employees voluntarily seeking assistance for alcohol and/or drug problems may contact the Human
Resource Director. The Human Resource Director may provide assistance in referring employees to
appropriate rehabilitation programs. This assistance, however, does not financially obligate the City for
the costs associated with rehabilitation nor is it any guarantee that the employee's job performance will
improve. Rehabilitation is the employee's responsibility. The City will allow employees who seek
voluntary assistance for alcohol and drug problems to first utilize their sick leave and then their annual
leave for rehabilitation. Leave without pay may be requested by the employee and will be considered on
an individual case basis.
Employees returning to employment after treatment must first provide the City with certification from
a reputable substance abuse program that the employee is sober, has successfully completed the
treatment program and has the potential for full recovery. This certification should be signed by a
licensed professional medical practitioner that specializes in substance abuse. The employee must
agree to follow-up drug and/or alcohol testing and sign a return-to-work agreement.
F. Use of Prescribed Drugs on City Premises
Prescribed drugs brought on City premises may only be used by the person for whom they are
prescribed so long as the use of these drugs does not impede the employee's ability to work or affect
the safety of the work environment. Any employee who chooses or is medically required to ingest
prescribed medications which impede their ability to perform or affect the safety of the work
environment shall immediately notify their immediate supervisor of that fact and the time period
over which said medications will be taken. Medications used as prescribed which do not impede the
employee's job performance or constitute a safety concern, shall not be considered a violation of this
policy.
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G. Supervisor Training
The City will periodically provide training for supervisors to help them recognize the conduct and
behavior that give rise to a reasonable suspicion of alcohol and/or illegal/illicit drug use and the
proper application of these policies and procedures.
H. Drug and Alcohol Testing
In order to achieve a drug-free workplace, applicants and employees shall be required to participate
in tests for alcohol and/or illegal/illicit drugs under the circumstances outlined below. A prospective
employee who refuses to be tested shall be denied employment. Any current employee who refuses
or fails to be tested when so required will be subject to the full range of disciplinary action up to and
including termination. Illegal/illicit drug testing for applicants should be done using a single sample. All
testing of employees for illegal/illicit drug shall be done using the split sample method and all analysis
shall be performed by a certified laboratory. The City shall arrange alcohol and/or drug testing in the
following circumstances:
1. Pre-employment - After a candidate has been extended a conditional offer of employment but
before beginning, he/she shall be required to pass an alcohol and/or illegal/illicit drug test. An
applicant who tests positive for alcohol and/or illegal/illicit drugs shall be denied employment with
the City. Employees rehired after 6-month absences will be subject to pre-employment testing
according to this paragraph.
2. Reasonable Suspicion - Testing that occurs when a supervisor observes behavior or appearance
that is characteristic of the use or abuse of alcohol, illegal/illicit drugs, and/or prescription drugs.
The City reserves the right to require an employee to submit to an alcohol and drug test when
there is reasonable suspicion that the employee is working under the influence of alcohol and/or
drugs. Such examinations shall be conducted on City time and at City expense. Reasonable
suspicion shall be based on specific objective facts and reasonable inferences and shall be
documented by the supervisor prior to testing and, whenever practical, the supervisor should seek
the observations of at least one additional employee, preferably a supervisor.
Factors which may constitute reasonable suspicion include, but are not limited to:
a. Slurred speech,
b. Red eyes,
c. Dilated pupils,
d. Incoherence,
e. Unsteadiness of feet,
f. Smell of alcohol, marijuana, or other controlled substance emanating from the employee's
person,
g. Inability to carry on rational conversations,
h. Increased carelessness,
i. Erratic behavior,
j. Inability to perform on the job, or
k. Other unexplained behavioral changes.
The Supervisor's Reasonable Suspicion and Post Accident Check Sheet should be used for
documentation. Supervisors have a duty to act when they have reasonable suspicion that an
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employee has a drug or alcohol problem. Supervisors will coordinate reasonable suspicion testing
with the Human Resource Director, who will review the matter with the City Manager prior to testing.
3. Post-Accident - Post-accident alcohol and/or illegal/illicit drug testing shall occur as soon as
practicable and prior to 24 hours following an accident; a work-related vehicle accident; or
accidents causing injury or with possible liability for the City, including worker's compensation
liability. Public Safety Officers injured in the line of duty by another person/suspect will not be
required to submit an alcohol or drug test unless otherwise required by another policy.
The employee's supervisor shall notify the City Designated Agent as soon as possible after the
accident and arrange for testing. If alcohol use is suspected, alcohol testing should be done within
two (2) hours, but in no case after eight (8) hours. If an employee leaves the scene of an accident
before the required test is administered, or fails to remain readily available for testing, it may be
deemed by the City that the employee has refused to submit for testing. For accidents involving the
holder of a CDL license, the driver is to be tested for alcohol and controlled substance abuse, as soon
as possible, if the accident resulted in a fatality or the driver received a citation for a moving traffic
violation arising from the accident. Federal Motor Carrier Safety Administration has set forth the
following timetable for action:
4. Random - Required for:
a. Commercial Driver's License (CDL) holders. (See "Commercial Driver's License Holders" section
below.)
b. Employees in safety sensitive positions. (See "Safety Sensitive Positions" section below.)
5. Pre-Promotion/Transfer - Prior to being promoted or transferred, employees must pass an alcohol
and/or illegal/illicit drug test. Part-time employees being hired into full-time positions are
subject to testing as defined in pre-employment above.
6. Return-to-Duty and Follow-up - Testing conducted:
a. When an employee returns to duty following voluntary drug and/or alcohol rehabilitation. (See
b. "Voluntary Rehabilitation".)
c. Following other medical leave of absence.
Once notified of selection for testing, an employee must proceed to a collection site to accomplish
the appropriate specimen collection. (See "Collection Procedures" below.) Employees who test
positive shall be immediately suspended with pay until a pre-disciplinary hearing is held, and where
found in violation of this policy, may have their employment with the City terminated. An employee
who is denied promotion/transfer or is disciplined as a result of a confirmed positive test result may
appeal the action in accordance with Appeals/Grievance Procedures.
7. Return to Duty/Follow-Up Testing
Holders of a CDL license found to be in violation of the City's alcohol and/or drug policies must pass
a return-to-duty test before engaging in safety-sensitive functions. When the holder of a CDL license
requests assistance from the City in resolving problems associated with alcohol or drug abuse, he/she
will be subject to unannounced follow-up testing by the City. A substance abuse professional shall
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specify the number and type of tests required, with at least six tests being conducted during the first
two months the driver returns to duty. The tests can be conducted only when the driver is performing
safety-sensitive functions or just before or after performing safety-sensitive functions.
8. Random Testing of Commercial Driver's License (CDL) Holders
City positions that require or employees that possess a CDL driver's license are also subject to
random drug and alcohol testing under the federal requirements of the DOT as set forth under Title
49 CFR, Part 382, or successor regulations. CDL holders are employees who are required to maintain
a commercial driver's license (“CDL”) to drive a commercial motor vehicle for the performance of
their job duties. A commercial motor vehicle includes any motor vehicle used to transport passengers
or property if the vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of
a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or, a gross vehicle
weight rating of 26,001 or more pounds; or, is designed to transport 16 or more passengers, including
the driver; or, is of any size and is used to transport materials that are hazardous for the purposes of
the Hazardous Materials Transportation Act and that require the motor vehicle to be placarded under
the Hazardous Materials Regulations. Firefighters and Police Officers are excluded. CDL holders are
subject to the following alcohol and drug prohibitions in addition to those previously stated in this
policy.
No CDL holder shall perform CDL functions within four (4) hours after using alcohol; No CDL holder
shall perform or continue to perform any safety-sensitive functions for a minimum of 24 hours if an
alcohol test indicates an alcohol concentration of 0.01 or greater; and, Once the City has knowledge,
the City will not permit a CDL holder:
a. To perform or continue to perform CDL functions with an alcohol concentration of 0.01 or
a. greater;
b. To perform or continue to perform CDL functions if they have used alcohol within four (4)
a. hours of duty.
Random testing for alcohol and/or illegal/illicit drugs for CDL holders shall be limited to; alcohol,
marijuana, cocaine, amphetamines, opiates and phencyclidine.
9. Supervisor Training - The City will provide a minimum of one (1) hour of training annually for
supervisors of CDL holders as identified in this policy and as required by DOT. This training will be
directed towards helping supervisors of said employees to recognize the conduct and behavior that
give rise to a reasonable suspicion of alcohol and/or illegal/illicit drug use and the proper application
of the procedures to follow. In addition, each year a representative from the City's employee
assistance program (EAP) will train these supervisors in using the EAP for drug or alcohol problems
relating to employees.
Supervisors who must receive this training are:
a. Parks Superintendent,
b. Water Superintendent,
c. Sewer Superintendent
d. WRF Superintendent,
e. Streets Superintendent,
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f. Facilities Superintendent.
10. Employee Training - The City will provide to all CDL holders at least one (1) hour annual training
on the dangers of alcohol and/or illegal/illicit drugs, the City's Drug Free Workplace policy, testing
requirements, and how and where employees can get help for alcohol and/or substance abuse.
11. Random Testing - Random testing is a system of drug or alcohol testing imposed without
suspicion. The testing dates and times are unannounced and are with unpredictable frequency
throughout the year. The minimum annual percentage rate for random illegal/illicit drug testing
shall be 50% of all City employees whose positions require them to be CDL holders. The minimum
annual percentage rate for random alcohol testing shall be 25% of all City employees whose
positions require them to be CDL holders. If DOT adjusts the above percentage rates, the above
rates shall be considered amended to the new percentages adopted by DOT, effective
immediately upon adoption by DOT.
12. Random Testing of Safety Sensitive Positions
Safety sensitive positions shall be subject to the same random alcohol and drug testing, training
requirements and prohibitions as CDL holders except that the percentage of employees tested shall
be determined by the City Manager/Personnel Officer and may be changed from time to time. At
present, 25% of safety sensitive positions will be random tested for alcohol and drugs each year.
Safety sensitive positions will be pooled separately. Positions considered safety sensitive shall include,
but not limited to:
a. Chief of Police
b. Assistant Police Chief
c. Police Sergeant
d. Sworn Police Officers
e. School Crossing Guards
f. Animal Control Officer
g. Investigations/Evidence Clerk
h. Recreation Complex & Aquatics Supervisor
i. Sports and Recreation Manager
j. Swimming Instructor
k. Lifeguards
l. Public Works Director
m. Parks Superintendent
n. Water Superintendent
o. Sewer Superintendent
p. Water Reclamation Facility Superintendent
q. Streets Superintendent
r. Facilities Superintendent
Further any positions that meet the following criteria will also be classified as safety sensitive:
13. Criteria
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Where the employee's performance of assigned duties could create a safety hazard that could cause
injury or harm to the employee, other employees or citizens, or cause damage to property. City
Safety-Sensitive positions include, but are not limited to:
a. Those that require the operation of a vehicle and/or motorized equipment, such as cars,
trucks of any size, tractors, mowers, weeders, trimmers, trash compactors, saws, and drills in
order to perform their jobs;
b. Those who choose to drive a City vehicle;
c. Those whose duties involve the construction of facilities;
d. Those that are involved in the maintenance of facilities, streets, or vehicles;
e. Those that use and/or handle hazardous materials/chemicals; and
f. Those positions that include the care, custody, or control of children, actual or perceived.
14. Confidentiality of Test Results
Results and records of tests for alcohol and/or Illegal/illicit drugs are to be maintained under strict
confidentiality by the City. Only those with a need to know are to be informed of test results. They
cannot be released to others without the written consent of the employee, or as otherwise required
by law or court order. Exceptions to these confidentiality provisions are limited to:
a. DOT agencies when license or certification actions are required, or
b. To a decision maker in arbitration, litigation or administrative proceedings arising from a
positive drug test, or
c. From the City's determination that the employee engaged in conduct prohibited regulations
including but not limited to a worker’s compensation, unemployment compensation or other
proceeding related to a benefit sought by the employee.
The employee, upon written request, may obtain copies of any records pertaining to their alcohol
or illegal/illicit drug testing.
15. City Designated Agent
The Human Resources Director is the City's designated agent to receive drug and alcohol testing
results from the laboratory, breath alcohol technicians (BAT) or the medical review officer (MRO).
When the Human Resources Manager is unavailable, the City Recorder shall serve as the City's
Designated Agent.
16. Test Procedures, Records and Definitions
When a test for illegal/illicit drugs is required under the provisions of this policy, the test will be
performed from urine specimens collected either at a qualified collection site or at a designated work
location by a qualified collection specialist. All specimens will undergo an initial Enzyme Multiplied
Immunoassay Technique (EMIT) test. Any positive results from this analysis will be confirmed through
a Gas Chromatography with Mass Spectrometry (GC-MS) test. Any positive results from this latter
analysis will be reviewed by the City Designated Agent. When a breath alcohol test is required under
this policy, it will be performed according to DOT standards by a certified breath alcohol technician
(BAT). The following is a list (but not limited to) of the substances tested for, along with the minimum
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concentrations that will indicate a positive test result. (Note: Random testing for CDL holders, safety
sensitive and executive staff positions shall be limited to alcohol, marijuana, cocaine, amphetamines,
opiates and phencyclidine.
17. Collection Procedures
The collection site person shall follow DOT regulations, to collect all specimens. The following are
highlights of the regulations:
a. Donor shall be positively identified by the collection site person through photo identification
or identification by the employer's representative.
b. The collection site person must request the donor to remove any unnecessary outer
garments (i.e. coat or jacket) that might conceal items or substances that could be used to
tamper with or adulterate their urine specimen.
c. The collection site person must ensure that all belongings (i.e. a purse or a briefcase) remain
with the outer garments.
d. Donor will be required to wash and dry their hands prior to specimen collection. After
washing hands, the donor must remain in the presence of the collection site person and may
not have access to any water fountain, faucet, soap dispenser, cleaning agent or any other
materials that could be used to adulterate the specimen.
e. The collecting of urine specimens must provide privacy to the donor unless there is a reason
to believe that a donor may alter or substitute the specimen to be provided.
f. Donor must be provided with a sealed, single use specimen collection container.
g. Immediately after the specimen has been submitted to the collection site person, the donor
may wash their hands.
h. If the donor is unable to produce a sufficient amount of urine for testing, the donor will be
given up to two (2) hours to provide a sufficient specimen. If still unable to provide a
specimen, the donor shall be referred to the medical review officer.
i. Collection site person shall measure the temperature of the specimen within four (4)
minutes, examine the color of the specimen and securely place the identification label on the
specimen bottle in the presence of the donor.
j. Donor shall be required to initial the label on the specimen bottle and sign a chain of custody
form certifying the specimen identified has been collected from them.
k. The completed chain of custody form shall accompany the specimen to the testing
laboratory.
18. Chain of Custody
A secure written Chain of Custody process will be implemented from the time of the collection of the
specimen until the specimen is disposed of or secured in frozen long-term storage.
19. Confirmation of Test Results
Applicants - A job applicant whose breath alcohol screening test (if required) yields an alcohol
concentration of 0.01 or greater will be required to submit to a second or confirmation test. A second
test with a result of 0.02 or more is considered positive. If the second test is required, the breath
alcohol technician will use an evidential breath testing (EBT) device that prints out the results, date
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and time, a sequential test number, and the name and serial number of the EBT to ensure the
reliability of the results.
When a job applicant's initial drug analysis yields a positive result, a second analysis shall be
performed, from a portion of the same urine specimen, using the gas chromatography/mass
spectrometry (GC/MS) method. The applicant will be contacted, with the test results, either by phone
or in writing by the City Designated Agent.
Employees - An employee whose breath alcohol test yields an alcohol concentration of 0.01 or
greater will be required to submit to a second or confirmation test. A second test with a result of 0.02
or more will be considered positive. If the second test is required the breath alcohol technician will
use an evidential breath testing (EBT) device that prints out the results, date and time, a sequential
test number, and the name and serial number of the EBT to ensure the reliability of the results.
When an employee's initial drug analysis yields a positive result, a second analysis shall be performed,
from a portion of the same urine specimen, using the gas chromatography/mass spectrometry
(GC/MS) method. If the second analysis confirms the positive result, the City Designated Agent must
make a reasonable effort to contact the employee directly, on a confidential basis, to discuss the test
result. The City Designated Agent shall review and interpret the drug test and examine alternate
medical explanations for any positive test result.
If the employee provides appropriate documentation and it is determined that it is legitimate medical
use of a prohibited drug, the drug test result is reported as a negative to the employer. If the
employee fails to contact the City Designated Agent within 5 days from the date contacted or the
employee expressly declines the opportunity to discuss the test, the Designated Agent may verify the
test as positive. Following the verification of a confirmed positive test result, the testing agent shall
notify the City Designated Agent. The results of a positive drug test shall not be released until
confirmed. The City Designated Agent may then refer the employee to the City's EAP.
Following verification of a positive confirmed test, the employee may request a second test (which
shall be made from the split sample) by notifying the City Designated Agent within 72 hours of
notification of a positive drug test. The City Designated Agent will then direct the laboratory in writing
to provide the split specimen to another certified laboratory for analysis. The cost of the split
specimen test must be paid in advance by the employee. If this test yields a positive result, that will
be the final result. If this test yields a negative result that will be considered the final result and the
City will reimburse the employee for the cost of this test.
20. Records Retention
The City's designated agent shall maintain records of its alcohol misuse and controlled substance use
prevention programs as provided in this policy. These records shall be maintained separate from
personnel records, in a secure location with controlled access. Records relating to drug and alcohol
testing must be made available to the Secretary of Transportation, any DOT agency, any state or local
official with regulatory authority over the employer or any of its drivers. Post-accident records must
be made available to the National Transportation Safety Board when requested.
The DOT requires that the records be maintained for the time periods set forth below:
Five (5) Years:
a. Alcohol tests with results showing an alcohol concentration of 0.01 or greater;
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b. Drug tests with verified positive results for illegal/illicit drugs;
c. Documentation of refusal to take drug/alcohol tests;
d. Documentation of calibration of evidential breath testing devices;
e. Employee testing records and referrals for rehabilitation;
f. Annual calendar year summaries;
g. Documentation of employee personal information, job description, type of illegal/illicit drugs
a. tested and disposition of findings;
h. Records documenting the collection process conforms to Part 40.25 of Title 49 CFR, or
successor regulations;
i. Training records of employees required to maintain a CDL and their supervisors;
j. Records of number of employees tested by type of test.
a. Two (2) Years:
k. Records related to the drug and alcohol collection process (except calibration of evidential
breath testing devices);
a. One (1) Year
l. Records of negative and canceled drug tests.
21. Definitions
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular
weight alcohols including methyl and isopropyl alcohol.
Alcohol Use means the consumption of any beverage, mixture or preparation, including any
medication, containing alcohol.
Alcohol Concentration (or content) means the alcohol in a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by an evidential breath testing device.
Blind Performance Test Specimen is a non-employee urine specimen submitted to the laboratory to
verify testing control quality procedures.
Breath Alcohol Technician (BAT) is a trained individual that conducts the breath test to determine
the alcohol concentration in an individual.
Chain of Custody means the procedure to account for the integrity of each specimen by tracking its
handling and storage from the point of specimen collection to final disposition.
Controlled Substance means a drug or substance as defined in federal and state law.
Drug or Controlled Substance Test means a generally accepted and proven analysis of a urine sample
for the presence of controlled substances provided by an employee or prospective employee
processed at a certified laboratory.
Employee means an individual who holds a recognized position with Moab City and is paid a wage or
salary.
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Employee Assistance Program (EAP) means a counseling program that offers assessment, short-term
counseling, and referral services to employees for a wide range of drug, alcohol, and mental health
problems, and monitors the progress of employees while in treatment.
Evidential Breath Testing device (EBT) is a device approved by the National Highway Traffic Safety
Administration to test the breath for alcohol consumption.
Illegal/Illicit Drug is defined by Section 802(6) of Title 21 of the United States Code, the possession or
consumption of an unlawful substance, under Chapter 13 of the Title.
Negative Alcohol Test means a test showing an alcohol concentration of less than 0.01
Negative Drug Test means a drug test result that was negative on an initial FDA approved
immunoassay test.
On-Duty means all time from the time an employee begins work or is required to be in readiness to
work until the time he/she is relieved from work and all responsibility for performing work.
Positive Alcohol Test means an initial test showing an alcohol concentration of 0.01 or greater and a
confirmed test with an alcohol concentration of 0.02 or greater.
Positive Drug Test means a test result that was positive for the initial FDA approved immunoassay
test, confirmed by a gas chromatography/mass spectrometry assay.
Random Selection is a selection process based on a scientifically valid selection method which
assures that all covered employees have an equal chance of being tested.
Sample means urine, blood, or breath specimen.
Split Urine Sample means a portion of the urine sample provided by the donor at the time of
collection, poured into a separate specimen bottle, sealed in the presence of the donor, and shipped
to the laboratory.
Substance Abuse Professional means a licensed physician, or a licensed certified psychologist, social
worker, employee assistance professional or addiction counselor with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and illegal/illicit drug related disorders.
Supervisor means an employee having authority to direct, assign.
10-15 Workplace Searches
The City reserves the right to question employees based on reasonable suspicion and all other persons
entering and leaving City premises, and to inspect any packages, parcels, purses, handbags, briefcases, lunch
boxes or any other possessions or articles carried to and from the City's property. All offices, desks,
computers, electronic files, hard files, lockers, etc., are the property of the City and are issued for the use of
employees only during their employment. Inspections may be conducted at any time at the discretion of the
City. No expectations of privacy exist regarding City owned property. Any and all inspections will be
conducted in compliance with federal and state law, including the 4th Amendment.
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10-16 Political Activity
Employees can hold elected offices, be voting district officers, and be county, state, or national delegates in
the parties of their choice. Employees may not hold a city elected office while an employee of the City.
Under Utah Code Annotated Section 10-3-1108, except as otherwise provided by federal law:
1. the partisan political activity, political opinion, or political affiliation of an applicant for a position
with a municipality may not provide a basis for denying employment to the applicant;
2. An officer or employee's partisan political activity, political opinion, or political affiliation may not
provide the basis for the officer or employee's employment, promotion, disciplinary action,
demotion, or dismissal;
3. A municipal officer or employee may not engage in political campaigning or solicit political
contributions during hours of employment;
4. A municipal officer or employee may not use municipal equipment while engaged in political activity;
5. A municipal officer or employee may not directly or indirectly coerce, command, or advise another
municipal officer or employee to pay, lend, or contribute part of the officer or employee's salary or
compensation, or anything else of value to a political party, committee, organization, agency, or
person for political purposes; and
6. A municipal officer or employee may not attempt to make another officer or employee's personnel
status dependent on the officer or employee's support or lack of support of a political party,
affiliation, opinion, committee, organization, agency, or person engaged in political activity.
A municipal employee who has filed a declaration of candidacy may:
1. Be given a leave of absence for the period between the primary election and the general election;
and
2. Use any vacation or other leave available to engage in campaign activities.
If a municipal officer or employee is elected to a public office, the employee may:
1. Be given a leave of absence without pay for the time during which the employee receives
compensation for service in the public office; and
2. Use any vacation or other leave available to serve in the public office.
Neither the filing of a declaration of candidacy nor a leave of absence under this section may
be used as the basis for an adverse employment action, including discipline and termination,
against the employee.
Nothing in this section may be construed to:
b. prohibit a municipal officer or employee's voluntary contribution to a party or candidate of the
officer or employee's choice; or
b. permit a municipal officer or employee's partisan political activity that is prohibited under
federal law.
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10-17 Procurement Policy
A. General Policy
The City of Moab shall comply with all applicable federal laws and regulations, state laws, and City
ordinances and resolutions regarding the procurement of goods, services, and contracts. A complete
copy of the City purchasing policy may be obtained from the City website at www.moabcity.org. For
further information, contact the Recorder’s Office.
B. Credit Cards
City credit cards shall be used for official City business only and all use shall comply with the City’s
purchasing policy.
10-18 Maintenance of Valid Driver’s License
If, for any reason during employment, an employee is unable to maintain the appropriate valid Utah driver's
license or commercial driver’s license required by the employee's position or for any other reason becomes
uninsurable (under the City's insurance policy then in force without any additional premiums or costs being
incurred by the City to insure that employee), that employee must inform his or her supervisor immediately.
The supervisor will then inform the Department Director and the Human Resource Director. Employees may
not drive any city vehicles or operate any City equipment without a valid Utah Driver's License. This policy
only applies to employees whose position requires them to drive a motor vehicle as part of the essential
functions of their respective positions.
The Human Resource Director, City Manager/Personnel Officer and Department Director will then review the
situation, considering such things as the nature of the job and the expected duration of time the employee
will be without a driver's license, and decide the appropriate action to be taken.
The Human Resources Department shall at least annually review the status of employee driver licenses with
the State Driver’s License Division.
A. Penalties for Failure to Maintain Driver’s License or for Failure to Notify
Failure to maintain a valid Utah driver's license or a commercial driver's license in a position that requires
such or failure to notify a supervisor of being uninsurable or a change in status of an employee's driver's
license when such license is a job requirement may subject the employee to disciplinary action, including,
but not limited to, termination.
10-19 Acceptance of Gifts
City employees must be fair and impartial in their business dealings with the public and serve all citizens
equally. It is not enough to avoid favoritism. Employees should strive to avoid even the appearance of giving
preference to one citizen or business over any other. No official or employee shall directly or indirectly solicit
any gift or accept or receive any gift whether in the form of money, services, loan, travel, entertainment,
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hospitality, promise, clothing or any other consideration from which it could be reasonably inferred that the
gift was intended to influence them in the performance of his or her official duties or was intended as a
reward for any official action on their part. Nominal gifts of $50 or less on an infrequent basis shall not
constitute a violation of this policy. The City Manager/Personnel Officer shall have the authority to
reasonably interpret this policy.
10-20 Employee Discipline
The City expects from its employee’s integrity; mutual respect and courtesy; effective and efficient
performance; considerate customer and citizen relations; responsiveness; and loyalty. Employees are
expected to conduct themselves in an appropriate manner. To maintain the City’s desired level of
performance, and to protect the citizens, other employees, City property, and City interests, the City has
established certain standards of conduct. All employees are expected to adhere to the City performance and
conduct standards.
These standards were established for the guidance of all employees. They are intended to provide examples
of types of conduct that are not acceptable and will lead to disciplinary action. The list should not be
considered all-inclusive. Department policies must be followed in conjunction with these policies.
A. Standards of Conduct - Critical Offenses
Critical offenses are violations of the City’s Standards of Conduct that, depending on the circumstances,
may be sufficiently serious as to justify termination without regard to the employee’s length of service or
prior record of conduct or disciplinary action. The list should not be considered all-inclusive.
1. Disclosing confidential City, employee, and/or citizen information to anyone without prior
authorization;
2. The unauthorized removal, falsification, intentional release of, or alteration of City records and/or
documents such as, but not limited to, the employment application, drug or alcohol testing
documentation or consent forms, records of hours worked (e.g., time clock fraud or attendance
records), or any other official and/or confidential document;
3. Conviction of a felony or conviction of a misdemeanor that reflects negatively on the ability to
perform an employee’s job duties and responsibilities.
4. Theft of any kind.
5. The willful or grossly negligent destruction, abuse, or damage of City property or the property of
its employees.
6. Conduct detrimental to the City.
7. The unlawful distribution, possession, consumption, purchase, sale, or manufacture of intoxicants
or illegal substances while on City property or during work hours and/or reporting to work under
the influence of such intoxicants.
8. Disorderly conduct while performing job duties, including, but not limited to, threatening,
intimidating, bullying, fighting, coercing, sexually harassing, or physically assaulting City
personnel, visitors, or citizens.
9. Possession of weapons or firearms on City property except as specifically allowed by law.
10. Insubordination, disrespectful behavior towards a manager or supervisor or the refusal to obey a
legitimate directive from the supervisor or designated supervisor (not to be confused with the
employee’s inability to perform the job).
11. Failure to report for duty or unauthorized absence.
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12. Violation of City policy against unlawful harassment or discrimination (including, without
limitation, sexual harassment), Alcohol and Drug Abuse, Possession of Pornographic materials in
the workplace, Tobacco Free Workplace, or Crime Free Policies.
13. Dishonesty, deceit, or fraud.
B. Standards of Conduct - Serious Offenses
Serious offenses are violations of the City’s Standards of Conduct that, depending on the circumstances,
may justify disciplinary action up to and including termination. The list should not be considered all-
inclusive.
1. Excessive absenteeism and/or tardiness. Failure to use proper call-in procedure for reporting
absences.
2. Failing to inform the Human Resources Director about the use of or being under the influence of
prescription drugs that can interfere with the employee’s ability to safely perform job duties or
operate machinery or City vehicles in a safe manner.
3. Any violation of City departmental policies or procedures.
4. Disregard for safety rules.
5. Failure to follow specified job instructions.
6. Failure to work harmoniously with other employees.
7. Unauthorized solicitation on City premises.
8. Creating or contributing to unsanitary conditions.
9. Unauthorized operation of tools, machinery, or equipment.
10. Gambling on City premises.
11. Failure to report an injury or accident.
12. Unauthorized sleeping on the job during work hours or leaving the site early without permission.
13. Failure to maintain production and performance standards.
14. Repeated violation of rules and procedures.
15. Any conduct which reflects negatively on the character of the employee or the City.
16. Non-exempt employees working unauthorized overtime.
C. Corrective Disciplinary Action Overview
The following is an explanation of the disciplinary action process, although the City has the option of
deviating from these steps when circumstances dictate.
All disciplinary actions, except terminations, are intended to be corrective and to result in compliance
with policies, procedures, standards of conduct, and expected job performance standards. For discipline
to be effective, the discipline should be presented to the employee soon after the improper action
occurred, or the City first learned of the improper action. An employee should be advised in writing of
discipline to be taken against him/her.
Discussions regarding the discipline should be on a need-to-know basis. Interviews should be conducted
in a quiet area separate from coworkers.
Documentation of written discipline should be provided to the employee and the Human Resource
Department.
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D. Disciplinary Action
Except in cases of critical or serious offenses, which may result in termination without prior progressive
discipline, the City generally uses a progressive disciplinary action procedure to resolve employee
performance problems. A fact-finding meeting will be held with the employee and Department Head or
designee to discuss allegations prior to disciplinary action being taken. The process requires that the
Department Head and/or designee be involved in all aspects of the disciplinary process. Disciplinary
action must be documented in writing and may include the steps set out below. However, depending on
the seriousness of the offense, the City may elect to proceed directly to a written warning or a pre-
determination meeting.
Employees may be given administrative leave with pay to allow management time to investigate any
alleged serious misconduct. If this happens, the employee’s supervisor will notify the employee of the
results of the investigation and of the action to be taken.
E. Verbal Warning
This is an informal warning, presented in a private meeting with the supervisor, and documented in
writing but not placed in the employee’s permanent file in the Human Resource Department. A copy of
the documentation of the warning is given to the employee. The document will also list the consequences
if further performance problems continue. The verbal warning and pertinent documentation are kept in
the supervisor’s or department’s file and are not placed in the employee’s Human Resources file unless
further disciplinary action related to the verbal warning is taken or a second similar incident occurs. All
verbal warnings that involve violation of the City’s Equal Employment Opportunity policies (e.g.,
discrimination based on race, religion, gender, or other protected class; unlawful harassment;
inappropriate sexual conduct, etc.) are to be forwarded to the Human Resource Department for review
prior to a verbal warning being presented to the employee. Disciplinary action involving these types of
discriminatory infractions will be evaluated to ensure appropriate disciplinary action is taken, and a copy
of which will be maintained in the Human Resource Department.
F. Written Warning
Should further discipline be required after the verbal warning, the Department Head may issue a formal
written warning, specifying the problem and the improvement required, a copy of which is placed, along
with supporting documentation and the verbal warning, in the employee’s personnel file in the Human
Resource Department. The disciplinary action is presented by the Department Head with the Department
Head and/or supervisor present at the meeting. The employee will be asked to read and sign the warning.
At the Department Head’s discretion, the written warning will be active for one year from the date of
presentation to the employee. If the employee is subjected to further disciplinary action for any reason
during the one-year period, the existence of a prior verbal or written warning may justify increasing the
level of disciplinary action for any subsequent misconduct. In addition, the City may consider written or
verbal warnings from prior years in determining disciplinary action for misconduct in subsequent years if
it appears that the employee has engaged in a pattern of inappropriate conduct or poor work
performance over time.
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The employee receives a copy of the warning. Another copy is placed in the employee’s file in the Human
Resources Department. The written warning serves as notification that if the problem is not corrected,
the consequences will result in severe disciplinary action or termination.
G. Pre-Determination Hearing
Prior to the termination, suspension without pay, formal, written disciplinary action, or disciplinary
demotion of a part-time or regular full-time employee who is not on probationary status, an employee is
entitled to a hearing where information regarding allegations of misconduct is presented to the
employee. As outlined in Utah Code Ann. §10-3-1105, probationary, seasonal, and temporary employees
are not entitled to due process in the form of a pre-determination hearing. The hearing is for the purpose
of allowing the employee to present any information or evidence that he/she believes is relevant to the
allegations of misconduct.
If it is determined that a pre-determination hearing is appropriate, the Department Head shall conduct
the hearing with the department supervisor and Human Resources present to offer input. Written notice
of the disciplinary hearing shall be given to the employee at least two (2) business days before the
hearing is held. The notice shall describe the facts relating to the employee’s misconduct and refer to the
relevant sections of this Handbook and applicable laws, policies and procedures. The employee should
also be told he/she may bring evidence or witnesses that the employee believes relevant to the hearing.
The employee is not entitled to be represented by an attorney or other counsel at the pre-determination
hearing.
The Department Head, in conjunction with the Human Resource Director, will be responsible for
maintaining a written record of the hearing. Following the pre-determination hearing, the Department
Head shall present any recommendation for discharge, suspension without pay of two or more days, or
reassignment with less remuneration to the City Manager for approval. The final decision shall be
presented to the employee by the Department Head, supervisor, and the Human Resource Director
within fourteen (14) calendar days from the date of the hearing. The Department Head may request an
extension of up to a maximum of thirty (30) calendar days from the date of the hearing.
H. Required Approval of City Manager
Only the City Manager may discharge an employee. Prior to the effective date of any discharge,
suspension without pay for more than two days, or reassignment with less remuneration, an
employee may request a meeting with their Department Manager and/or the City Manager or the
Assistant City Manager, as determined by the City Manager, to discuss the decision. The employee
must request the meeting within five (5) business days after receipt of the disciplinary decision from
their Department Head.
I. Severe Disciplinary Action
If the employee does not show improvement in their performance, he/she may be suspended without
pay, demoted, and/or terminated. Prior to initiating severe disciplinary action, it is the responsibility of
the Department Head to conduct the predetermination meeting with the employee, with the department
supervisor and Human Resources present. The employee is asked to read and sign the action. A copy of
the disciplinary action will be given to the employee, and the original with applicable documentation is
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placed in the employee’s file in the Human Resource Department. At the Department Head’s discretion,
the disciplinary action will be active for one year from the date it is presented to the employee. The
disciplinary action will stipulate that if the performance problem is not corrected, the consequences will
result in termination of employment. Suspension of less than two days may be applied only with prior
approval of the Department Head and Human Resources. As specified in Utah Code Ann. §10-3-1106, any
employee with a property interest in their job, (excludes employees in appointed positions) are entitled
to take advantage of the appeal process if there is a suspension of more than two days without pay.
J. Termination
If the final pre-determination hearing decision is to terminate the employee’s employment, the
Department Head shall confer with the Human Resource Director and the City Manager prior to
formulating the termination document and presenting it to the employee. Only the City Manager has the
final authority to terminate an employee’s employment.
The disciplinary action document should set forth the reasons for termination. The Human Resource
Director must be informed of any pending employee termination. The Department Head must contact the
Human Resource Director prior to terminating an employee to coordinate the preparation of final wage
and benefit payments and prepare an exit letter explaining termination and COBRA information. The
termination document will include the reasons for termination. It will also inform the employee of the
termination appeals process.
The Department Head conducts the termination meeting with the department supervisor, Human
Resource Director, and/or City Manager. If the employee does not appear at the termination meeting, the
termination letter will be mailed to that person at the current address with the City. The Human Resource
Director will be responsible for maintaining a written record of the meeting. The employee will be asked
to sign the termination document and given a copy for their personal records.
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Section 11 – Grievance Procedure
11-1 Complaint Procedure
Employees who have an issue or concern about the working conditions shall have the opportunity to discuss
the issue with management. The first step is a discussion of the issue or concern with the employee’s
immediate supervisor. If a satisfactory resolution is not reached, the employee shall have the right to pursue
the issue through the City’s chain of command. If the employee does pursue the issue, it shall be their
responsibility to inform the manager at each level of the intent to pursue resolution to the next level. The
final step of this process shall be a discussion with the City Manager whose determinations shall be final. All
responses should be completed at each level within 15 days unless there are mitigating circumstances.
Employees are encouraged to report issues and concerns within 30 days. Any reports after 30 days will still
be reviewed.
The complaint procedure is intended to allow employees to address concerns or issues about their
compensation; benefits; any informal disciplinary or corrective action that may lead to reassignment,
suspension, or termination; promotion or transfer decision; violation of City policy or procedure; safety
concern; or other similar issue or concern. It is not intended to allow an employee to challenge every
management decision or direction with which the employee disagrees or to unreasonably interfere with a
manager’s ability to manage or direct the work of employees. Employees should consult with Human
Resources if they have questions about the application of the complaint procedure.
Notwithstanding the foregoing, this complaint procedure does not apply to issues that involve a transfer
with less remuneration, suspension of more than two days without pay, or discharge. Those issues should
be addressed through the section above and through the employee transfer and discharge appeal rights and
procedure policy.
11-2 Employee Transfer and Discharge Appeal Rights and Procedure
Except as otherwise provided in Utah Code Section §10-3-1105(2) as amended, any employee who is
discharged, suspended for more than two days without pay, or involuntarily transferred from one position
to another with less remuneration for any disciplinary reason shall have the right to appeal the decision to
an Employee Transfer and Discharge Hearing Officer as set forth in Utah Code Sections 10-3-1105 and 10-3-
1106, as amended, and applicable City ordinance.
Notwithstanding the foregoing, this provision does not apply to an employee who is discharged or
involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the
result of a layoff or reorganization or other non-disciplinary reason.
Pursuant to Utah Code Section §10-3-1105(2), as amended, the Employee Transfer and Discharge appeal
rights do not apply to the following positions:
1. City Manager
2. Assistant City Manager
3. City Attorney
4. City Recorder
5. City Engineer
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6. Police Chief
7. Assistant Police Chief
8. The head or the deputy to the head of a municipal department or division, including but not limited
to:
a. Finance Director
b. Human Resource Director
9. Superintendents
10. Probationary Employee
11. Seasonal or temporary employee
12. Person who works in the office of an elected official
13. Secretarial or Administrative support position that is specifically designated as a position to assist an
elected official or the head or deputy head of a municipal department
Employee Transfer and Discharge appeal rights also do not apply to employees employed on an at-will
basis or otherwise exempt as allowed by Utah Code Section 10-3-1105(2)(a) and (e).
Nothing in Utah Code Sections §10-3-1105 or §10-3-1106 as amended may be construed to limit a
municipality’s ability to define cause for an employee termination or reduction in force.
An employee to which Utah Code Section 10-3-1105 applies may not be discharged, suspended, or
involuntarily transferred to a position with less remuneration because of the employee’s politics or religious
belief, or incident to, or through changes, either in the elective officers, governing body, or heads of
department.
Appeals to the Employee Transfer and Discharge Hearing Officer shall be taken by filing written notice of
the appeal with the City Recorder within ten calendar days of the discharge, suspension without pay, or
involuntary transfer.
Upon the filing of the appeal, the City Recorder shall forthwith refer a copy of the same to the Human
Resource Director and Hearing Officer. Upon receipt of the referral from the City Recorder, the Hearing
Officer shall forthwith commence their investigation, take and receive evidence and fully hear and
determine the matter which relates to the cause for the discharge or transfer.
The Hearing Officer shall have the power to subpoena witnesses and compel the production of evidence.
The scope of the inquiry of the Hearing Officer shall be limited to determine if the City has proven the facts
supporting the allegations made against the employee by substantial evidence and that the disciplinary
sanction is proportionate to the alleged misconduct and consistent with discipline imposed against other
similarly situated employees with appeal rights. Discovery shall be limited to that information which was
considered in making the decision which is being appealed. The Hearing Officer is not required to follow the
Utah Rules of Civil Procedure or the Utah Rules of Evidence.
The employee shall be entitled to appear in person and to be represented by counsel (at the expense of
the employee), to have a public hearing, to confront the witness whose testimony is to be considered, and
to examine the evidence to be considered by the Hearing Officer.
The decision of the Hearing Officer shall be certified to the City Recorder no later than 15 days after the day
on which the hearing is held. The City Recorder shall certify the decision to the Human Resource Director,
the employee affected, and to the head of the department from whose order the appeal was taken. For
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good cause, the hearing officer may extend the 15-day period to a maximum of 60 calendar days if the
employee and the City both consents.
In the event that the Hearing Officer does not uphold the discharge, or transfer, the Hearing Officer shall
provide that the employee shall receive the employee’s salary for the period of time which the employee is
discharged or suspended without pay less any amounts the employee earned from other employment
during this period of time; or any deficiency in salary for the period during which the employee was
transferred to a position of less remuneration. The employee shall be paid his salary commencing with the
next working day following the certification by the City Recorder of the Hearing Officer’s decision, provided
that the employee, or officer, concerned reports for his assigned duties during that next working day.
A final action or order of the Hearing Officer may be reviewed by the Court of Appeals by filing with that court
a petition for review within 30 days after the issuance of the final action or order of the Hearing Officer. The
Court of Appeals’ review shall be on the record of the Hearing Officer and for the purpose of determining if
the Hearing Officer abused their discretion or exceeded the Hearing Officer’s authority.
11-3 Appeals Authority
Hearing Officer: The appointed appeals authority shall consist of a hearing officer appointed by the Mayor
with the advice and consent of the City Council.
Compensation: The hearing officer may receive compensation for services.
Term: The term of the Hearing Officer shall be for a period of three calendar years.
Eligibility for Reappointment: The hearing officer shall be eligible for reappointment or re-election.
Jurisdiction: The Hearing Officer shall have the right and obligation to hear appeals from discharges or
disciplinary transfers of all officers and employees who are not at-will or covered under the provisions of §10-
3-1106 Utah Code Annotated, or its successor provision.
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Section 12 - Safety and Risk Management
12-1 General Policy
The following general safety rules apply in all City work areas. Each work area may prepare separate safety
rules applicable to the specific nature of work in their area but not in conflict with these rules and OSHA
regulations.
1. Proper training and/or licensing is required by all employees operating any type of power equipment.
2. Employees will use safety equipment appropriate to the job, such as safety glasses, gloves, toe
guards, back supports, and hard hats, if required or appropriate to the work performed.
3. Employees shall avoid wearing loose clothing and jewelry while working on or near equipment and
machines. Long hair shall be properly secured. Employees must also adhere to additional Department
policies.
4. Employees shall report defective equipment will immediately.
5. Employees will not operate equipment or use tools for which licensing and training has not been
received.
6. In all work situations, safeguards required by State and Federal Safety Orders will be provided and
followed.
7. Due to the potential risk, employees are prohibited from entertaining, or caring for, guests or family
members in or around inherent dangerous work areas. These areas include, but are not limited to:
a. Road repair sites;
b. Construction areas;
c. Vehicle maintenance areas;
d. Animal control incidents;
e. Sewer facilities.
8. Seatbelts must always be worn while operating a City vehicle or a personal vehicle while conducting
City business. Employees found not wearing their seatbelts are subject to disciplinary action.
9. All employees are required to comply with the City’s safety standards. Current employees who pose a
direct threat to the health or safety of themselves or other individuals in the workplace will be placed
on leave until an organizational decision has been made regarding the employee’s immediate
employment situation.
12-2 Proper Use of City Equipment and Tools
The use of City equipment or tools for private purposes is strictly prohibited.
Employees shall be required to attend training, provided by the City; including an explanation of job hazards,
safety procedures, and training on all equipment, tools, etc., necessary for the accomplishment of the
employee’s job description. Employees may attend additional training as approved.
A commercial driver’s license (CDL) is required for operators of commercial motor vehicles. No individual shall
be allowed to operate such vehicles unless they have a current commercial driver’s license in their
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possession. This license is required pursuant to the Commercial Motor Vehicle Safety Act, signed into law on
October 27, 1986. Employees must renew their commercial driver’s license at four-year intervals.
Operators and passengers in a business-use vehicle equipped with seat belts must wear them when the
vehicle is in operation, and all employees operating vehicles shall observe all state and local traffic laws.
Employees using City vehicles shall ensure they are kept clean and serviced according to fleet specifications.
Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When
using property, employees are expected to exercise care, perform required maintenance, and follow all
operating instructions, safety standards and guidelines.
Employees should notify their supervisor if any equipment, machines, or tools appear to be damaged,
defective, or in need of repair. Prompt reporting of loss, damages, defects, and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. The employee’s supervisor
can answer any questions about an employee's responsibility for maintenance and care of equipment used on
the job.
Employees also are prohibited from any unauthorized use of the City's intellectual property, such as audio
and video tapes, print materials and software.
12-3 Building Security
A. Distribution of Keys
Human Resources in coordination with the Executive Administrative Assistant is responsible for
distribution of keys, keypad codes, and security access cards to building occupants, with the exception of
Public Safety. Human Resources in coordination with the Executive Administrative Assistant shall
maintain a record of the keys, keypad codes, and security access cards distributed to building occupants.
Department Heads are responsible for the collection of all keys and key cards upon employee separation
or suspension. The departments shall not loan out keys, duplicate keys, or distribute keypad codes or
security access cards.
B. Employee Responsibility
Employees shall not loan, duplicate, or transfer keys, keypad codes, or security access cards to City
facilities. Such behavior may be grounds for disciplinary action. All keys, security access cards, etc. will be
returned to the City immediately upon termination of employment.
C. Lost Keys
Any lost keys or security access cards shall be reported to the employee’s supervisor and the Department
Director immediately. The Department Director or Supervisor must notify Human Resources within 24
hours of the lost keys.
12-4 Accident Reporting
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Employees shall report all job-related accidents regardless of severity, personal or vehicle immediately to
their supervisor and Department Head. Additionally, the Department Head must immediately report all
accidents with or without injury to Human Resources.
A. Accident with Injury
When injured while on duty, an employee must:
1. Call 9-1-1 or dispatch, and their supervisor immediately. If the immediate supervisor is
unavailable, contact the Department Head even if the accident occurs after normal work hours.
2. Remain at the accident until the police or supervisor approves departure.
3. Immediately obtain necessary treatment. The City recommends that employees initially seek
medical treatment at an approved medical facility if possible. Names and locations of approved
medical facilities may be obtained from the Human Resource Department.
4. Submit to a drug test if determined necessary according to the City’s drug testing policy.
Supervisor or Department Head is required to drive the employee to get a drug test.
5. Obtain a medical release form signed by a doctor and submit copies to the Human Resource
Department and supervisor.
6. Report to work as permitted by the medical release form.
7. Detail job related injury on forms prescribed by the Utah Industrial Commission and the City.
These forms must be completed within one week following the incident producing the injury.
B. Accident with no Injury
When involved in a vehicle accident, but not injured, an employee must:
1. Call 9-1-1 or dispatch and their supervisor immediately. If the immediate supervisor is
unavailable, contact the Department Head even if the accident occurs after normal work hours.
2. Remain at the accident until the police or supervisor approves the employee’s departure.
3. Collect necessary contact and insurance information from any others involved in the accident.
4. Submit to a drug test if determined necessary according to the City’s drug testing policy.
Supervisor or Department Head is required to drive the employee to get a drug test.
12-5 Risk Management
The City will be aggressive in risk identification. All existing operations, programs, equipment, and facilities of
the City shall be evaluated on a regular basis to determine potential risk. Employees shall report any
identified risks to their immediate supervisor. In addition, employees shall report any potential hazards,
damaged or missing signs, or other possible risks immediately to their supervisor.
A. Claims, Lawsuits & Liability
An employee who becomes aware of any occurrence, which may give rise to a lawsuit, who receives a
notice of claim, or is sued because of an incident or is served with a subpoena related to their
employment, shall give immediate notice to their supervisor, the Department Head, and the City
Attorney.
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1. Employees must complete an incident report for any alleged injury or damage to persons or
property involving a City official, employee, volunteer, or equipment or any such event occurring
on City property. The employee must submit the incident report to their supervisor who will
then submit to Human Resources. Human Resources will submit a copy to the City
Manager/Personnel Officer and City Attorney.
2. Pictures must be taken at the scene and submitted with the incident report.
3. No official or employee shall admit or indicate in any manner that they or the City is at fault or
has any liability in any incident that may result in a claim or lawsuit. No official or employee shall
make any commitments or promises to claimant unless specifically authorized to do so by the
City Manager/Personnel Officer or designee.
4. The City Attorney will receive and coordinate the resolution of claims and lawsuits made against
the City, its officers, employees, or volunteers.
It is the policy of the City to require an investigation and a review of all vehicle or equipment accidents
involving employees during the course of their duties. This policy also covers privately owned vehicles
used by City employees for City business.
Any vehicle or equipment accident within the boundaries of the City will be investigated by the Grand
County Sheriff's Office. The Safety Officer, City Manager/Personnel Officer and Human Resource Director
shall be notified of the accident within three (3) calendar days of the incident
Any vehicle or equipment accident outside the boundaries of the City will be investigated by an officer of
the applicable jurisdiction.
Three copies of the accident report involving City vehicles, equipment, or personnel will be submitted to
the City Manager/Personnel Officer, Public Works Director and Human Resource Director.
B. Incident Review Process for Vehicle & Equipment
Vehicle or equipment accidents involving employees, which have been determined by the Risk
Management Committee to require an incident review, shall be conducted in accordance with the
following:
After review of all information provided, the Risk Management Committee will classify the accident as
one of the following:
1. Non-preventable
2. Preventable/Mitigating
3. Preventable
4. Preventable/Reckless
The Risk Management Committee shall also document the severity of the accident according to one of
the following:
1. Very Minor (Less than $750)
2. Minor ($750-$3250)
3. Major (More than $3250)
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As a result of the Incident Review process, any disciplinary action will be determined and administered by
the Department Head in consultation with the Human Resource Director.
12-6 Occupational Safety and Health Administration (OSHA)
The City will post all required OSHA notices in conspicuous places. Employees may obtain additional
information regarding OSHA from their Department Head.
If an OSHA inspector arrives on a job site, an employee should contact their Department Head immediately.
The Department Head shall make arrangements for any required inspections and notify the City Attorney.
12-7 Fitness for Duty Evaluations
Fitness for duty medical evaluations may be performed by a City approved, licensed, medical professional,
under any of the following circumstances:
1. Returning to work from injury or illness as allowed by applicable state or federal law.
2. When management determines that there is a threat to the health or safety of self or others; or
3. When a fitness for duty evaluation is a bona fide occupational qualification for selection, retention, or
promotion.
Fitness for duty evaluations will be administered in a manner consistent with the Americans with Disabilities
Act and other applicable state or federal law.
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Section 13 - Fleet Management
13-1 Fleet Policy
The City carries liability insurance covering the operation of City vehicles and covering various other activities
of the City. All employees operating City vehicles must report accidents immediately to a supervisor and
complete such reports as may be required.
A. City Vehicle Use
1. The on-call employee in the Water, Sewer, Streets, and Parks divisions are required to take a City
vehicle home. This is to allow employees to respond more readily and to more quickly address
emergency situations with proper equipment and tools during non-working hours. All
vehicles/employees in this category shall be authorized by the City Manager/Personnel Officer
upon recommendation of the Department Head.
2. City owned vehicles that are taken home are to be used only for commuting to and from work or
when performing official City duty. City-owned vehicles are not to be used for personal purposes
of any kind, unless otherwise noted. When going to lunch, employees should use their personal
vehicle if available. Any personal use of City vehicles including commuting to and from work will
be reported as a taxable fringe benefit as required by the IRS.
3. Police Officers living within Grand County boundaries may use their assigned Police vehicle for
off-duty personal use so long as that use is within Grand County. Non-Police personnel may not
accompany the officer in the Police vehicle as passengers when it is operated off-duty.
4. Unless otherwise noted no unauthorized personnel are allowed to be transported in a City vehicle
at any time. City vehicles/employees are not to transport anyone other than City employees or
people working with or for the City in an official capacity. No family members or other non-
employee personnel are allowed in City owned vehicles.
5. Tobacco use is not allowed in city vehicles including cigarettes, smokeless tobacco (dip) and/or e-
cigarettes.
6. Personal use of City vehicles - Taxable Fringe Benefits. Any authorized personal use of City
vehicles will be reported as taxable fringe benefits for that employee as required by the IRS.
Personal mileage must be tracked with daily beginning and ending odometer readings and
verified daily by the Department Head. The mileage will be reported at the current IRS rate for
business mileage to the IRS as a taxable fringe benefit annually and reflected on that employee's
W-2 wage and earning statement.
B. Personal Vehicle Use
1. City employees may use their personal vehicles while on City business. Employees will be
reimbursed for mileage at the prevailing state of Utah rate.
2. Employees shall carry a $300,000 excess liability automobile insurance policy on the vehicle(s) to
be driven on city business.
3. Accidents that occur while on City business shall be covered by the employee’s vehicle insurance
provider. The City shall review the nature and cause of the accident and may determine to assist
with some or all of the employee’s insurance deductible. Nothing in this policy shall create an
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expectation that the City will insure the employee’s vehicle, pay for any damages, or cover any
premium increases due to an accident.
4. An employee who is at fault in an accident shall pursue all remedies through their personal
insurance provider. An employee who is not at fault shall pursue all remedies through the other
driver’s insurance provider.
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Section 14 - General Standards of Conduct
14-1 Punctuality and Attendance
Employees are hired to perform important functions at the City. Therefore, attendance and punctuality are
very important. Unnecessary absences and tardiness are expensive, disruptive and place an unfair burden on
fellow employees and supervisors. Excessive absenteeism or tardiness will result in disciplinary action up to
and including discharge.
The City recognizes, however, there are times when absences and tardiness cannot be avoided. In such cases,
employees are expected to notify their supervisors as early as possible, but no later than the start of the
workday. Asking another employee, friend or relative to give this notice is improper and constitutes grounds
for disciplinary action. Employees should call, stating the nature of the illness and its expected duration, for
every day of absenteeism. Exceptions will be made if the employee is incapacitated and unable to make
contact personally.
14-2 Health and Safety
The health and safety of employees and others on City property are of critical concern to the City. The City
intends to comply with all applicable health and safety laws. To this end, we must rely upon employees to
ensure that work areas are kept safe and free of hazardous conditions. Employees are required to be
conscientious about workplace safety, including proper operating methods, and recognize dangerous
conditions or hazards. Any unsafe conditions or potential hazards should be reported to management
immediately, even if the problem appears to be corrected. Any suspicion of a concealed danger present on
the City's premises, or in a product, facility, piece of equipment, process or business practice for which the
City is responsible should be brought to the attention of management immediately.
Periodically, the City may issue rules and guidelines governing workplace safety and health. The City may also
issue rules and guidelines regarding the handling and disposal of hazardous substances and waste. All
employees should familiarize themselves with these rules and guidelines, as strict compliance will be
expected.
Any workplace injury, accident, or illness must be reported to the employee's Supervisor as soon as possible,
regardless of the severity of the injury or accident.
14-3 Publicity/Statements to the Media
All media or press inquiries regarding the position of the City as to any issues must be referred to
Communications and Engagement Manager. Only the Communications and Engagement Manager is
authorized to make or approve public statements on behalf of the City. No employees, unless specifically
designated by the Communications and Engagement Manager, are authorized to make those statements on
behalf of the City. Any employee wishing to write and/or publish an article, paper, or other publication on
behalf of the City must first obtain approval from the Communications and Engagement Manager.
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14-4 References
The City will respond to reference requests through the Human Resources Department. The City will provide
general information concerning the employee such as date of hire, date of discharge, and positions held.
Requests for reference information must be in writing, and responses will be in writing. Please refer all
requests for references to the Human Resources Department.
Only the Human Resources Department may provide references.
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General Handbook Acknowledgment
This Employee handbook is an important document intended to help you become acquainted with City of
Moab. This document is intended to provide guidelines and general descriptions only; it is not the final word
in all cases. Individual circumstances may call for individual attention.
Because the City of Moab's operations may change, the contents of this Handbook may be changed at any
time, with or without notice, in an individual case or generally, at the sole discretion of management.
Please read the following statements and sign below to indicate your receipt and acknowledgment of this
Employee handbook.
I have received and read a copy of the City of Moab's Employee Handbook. I understand that the policies,
rules and benefits described in it are subject to change at the sole discretion of the City of Moab at any
time.
I understand that neither this Handbook, nor any policy or procedure contained in this Handbook, creates a
contract of employment between me and the City. I further understand that nothing in this Handbook can
create the basis for a breach of contract claim, express or implied, between the City and me or support a
claim for breach of the covenant of good faith and fair dealing.
I understand that my signature below indicates that I have read and understand the above statements and
that I have received a copy of the City of Moab's Employee Handbook.
Employee's Printed Name: ____________________
Employee's Signature: _______________________
Position: ___________________
Date: ___________________
The signed original copy of this acknowledgment should be given to Human Resources - it will be filed in your
personnel file.
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Receipt of Equal Employment Opportunity Policy
The below equal employment opportunity policies are governed by applicable federal, state, and local laws
that prohibit discrimination in employment. If any conflict exists between this policy and the governing laws,
those laws will control. The above equal employment opportunity policies and procedures do NOT expand
protection beyond that required by applicable federal, state or local law and do not create any contractual
rights or obligations between you and the City of Moab
Sexual Harassment
It is the City's policy to prohibit harassment of any employee by any Supervisor, employee, customer or
vendor on the basis of sex or gender (including conditions of pregnancy, gender identity, and sexual
orientation). The purpose of this policy is not to regulate personal morality within the City. It is to ensure that
at the City all employees are free from sexual harassment. All employees of the City have the legal right (Title
VII of the Civil Rights Act of 1964 and the Utah Antidiscrimination Act) to work in an environment free from
sexual harassment. In addition, all individuals making application for employment with the City have the right
to expect an environment free from sexual harassment.
Sexual harassment is an unlawful activity, which violates City policy. It is prohibited as a form of sex
discrimination. It is unacceptable behavior that will not be tolerated at any level. Any employee who engages
in any form of sexual harassment or inappropriate sexual conduct shall be subject to disciplinary action up to
and including termination.
Policy
While it is not easy to define precisely what types of conduct could constitute sexual harassment, examples of
prohibited behavior include unwelcome sexual advances, requests for sexual favors, obscene gestures,
displaying sexually graphic magazines, calendars or posters, sending sexually explicit e-mails, text messages
and other verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual nature or
sexually related comments. Depending upon the circumstances, improper conduct also can include sexual
joking, vulgar or offensive conversation or jokes, commenting about an employee's physical appearance,
conversation about your own or someone else's sex life, or teasing or other conduct directed toward a person
because of his or her gender which is sufficiently severe or pervasive to create an unprofessional and hostile
working environment. Persons may perceive harassment even if they are not the intended target if it creates
an offensive environment for them.
Further, sexual harassment, according to the federal Equal Employment Opportunity Commission (EEOC),
consists of unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual
nature or sex-based nature where:
1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an
individual’s employment.
2. An employment decision is based on an individual’s acceptance or rejection of such conduct.
3. Such conduct interferes with an individual’s work performance or creates an intimidating, hostile, or
offensive work environment.
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Complaint Procedure
Each employee is responsible for creating an atmosphere free of discrimination and harassment, sexual or
otherwise unlawful, and for respecting the rights of their coworkers.
1. If an employee feels that they have been subjected to conduct which violates this policy, they should
immediately report the matter one of the City’s EEO Officers (as defined in the handbook). If the
employee does not receive a satisfactory response within five days, the employee should contact the
Human Resource Director or the City Manager/Personnel Officer.
2. Every report of perceived harassment will be fully investigated, and corrective action will be taken
where appropriate.
3. All complaints will be kept confidential to the extent possible, but confidentiality cannot be
guaranteed. The investigation will be handled in a confidential manner with information disseminated
on a strict need-to-know basis. Every employee who is given information regarding the complaint will
be informed of the need to preserve the confidentiality of the information they receive.
4. Any employee of the City who is accused of harassment shall not question, coerce, intimidate, or
retaliate in any way against the employee who has filed a complaint or against employees who have
provided information concerning the complaint. If an employee feels they have been subjected to any
such retaliation, they should report it in the same manner in which the employee would report a
claim of perceived harassment under this policy.
5. All employees shall fully cooperate in any investigation of harassment or retaliation. Disciplinary
action will be taken against any employee who obstructs or does not fully cooperate with any
investigation of harassment or retaliation.
Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up to and
including discharge. All employees must cooperate with all investigations.
Statement of Penalties for Misconduct
An employee’s commission of acts of sexual harassment, harassment, bullying, and/or retaliation will result in
disciplinary procedures as outlined in this Handbook. Discipline shall depend on the nature or severity of the
misconduct. All records concerning sexual harassment, harassment, or bullying complaints or the results of
disciplinary actions shall be maintained and stored in the City’s Human Resource Department as protected
files.
Investigation of Alleged Illegal Harassment, Discrimination, Bullying or Sexual Harassment
Any employee, who believes they have been the victim of any illegal discrimination, bullying, or
harassment or wants to report an incident, should promptly report the matter to his or her supervisor. If the
supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the
employee should immediately contact the Department Head, Human Resource Director, Assistant City
Manager/Personnel Officer or the City Manager/Personnel Officer. Employees can raise concerns and make
reports without fear of reprisal.
Any supervisor or manager who becomes aware of possible illegal discrimination, bullying, or any type of
harassment should promptly advise the City Manager/Personnel Officer or any member of management who
will report the concern to the Equal Employment Opportunity (EEO) Officer of the City. The City
Manager/Personnel Officer is the EEO Officer for the City. The City Manager/Personnel Officer will conduct a
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timely and confidential investigation of all claims or reports of harassment. The City Manager/Personnel
Officer may delegate a representative or agent to conduct fact finding on their behalf. As part of the
investigation, the City Manager/Personnel Officer or their designee will meet with the employee bringing the
complaint to determine the nature of the harassment, make inquiry about what remedy the employee is
seeking, and otherwise determine the focus of the investigation.
Should the investigation disclose that evidence exists on which to determine that illegal discrimination,
bullying or harassment has occurred, the individual(s) found engaging in such prohibited activity will be
subject to disciplinary action, up to and including termination of employment. Consideration will be given to
the nature, the severity and the circumstances of the illegal discrimination or harassment. During an
investigation the Department Head, with the approval of the City Manager/Personnel Officer, will have the
authority to temporarily restructure work assignments, change work conditions, and separate involved and
interested parties in the interests of maintaining a work environment free from any potential threat, hostility
or intimidation. While all materials, records and notes about the investigation shall remain confidential, any
disciplinary action taken as the result of such investigation shall be made a matter of record in the involved
employee's personnel file.
Investigations will include interviews with individuals involved in, or who have knowledge of the events,
circumstances or conditions surrounding any complaint of discrimination or harassment. Investigations shall
be conducted and concluded within reasonable time frames, generally not to exceed 30 days, Investigations
will report and record findings of fact, conclusions based upon those facts, including reasonable beliefs
supported by evidence and record, and will outline actions to be taken.
The City Manager/Personnel Officer will, upon the completion of an investigation, act within thirty (30) days
on the investigation's findings of fact, conclusions and recommendations to determine what, if any,
disciplinary action should be taken. The City Manager/Personnel Officer will review the investigation with the
City Attorney and the Human Resource Director to determine what action is contemplated. In addition to
disciplinary action, the City Manager/Personnel Officer has the right to direct an appropriate and reasonable
remedy to work conditions, or to direct a change in procedures, and otherwise act to correct, modify or
change work environments in order to enforce this policy.
Training
As part of the City’s employment orientation, new employees will be given a copy of the City’s harassment
policy and sign a statement that they have received it. The City will strive to provide employees with training
at least annually about the City’s harassment policy and reporting procedures.
I have read and I understand the City of Moab's Sexual Harassment Policy.
Employee's Printed Name: ____________________
Employee's Signature: _______________________
Position: ___________________
Date: ___________________
The signed original copy of this receipt should be given to management - it will be filed in your personnel file.
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Receipt of Non-Harassment Policy
It is the City of Moab's policy to prohibit intentional and unintentional harassment of any individual by
another person on the basis of any protected classification including, but not limited to, race, color, national
origin, disability, religion, marital status, veteran status, sexual orientation, gender identity or age. The
purpose of this policy is not to regulate our employees' personal morality, but to ensure that in the
workplace, no one harasses another individual.
The City of Moab is committed to providing a work environment free from discrimination, harassment,
bullying, and retaliation (victimization), and providing equal employment opportunities for all employees,
applicants, and trainees. Employees must treat others with dignity and respect and should, themselves, be
treated with dignity and respect. Employees should always consider whether their words or conduct could be
offensive. Whether conduct violates this policy is not dependent upon the intent of the person who engages
in the conduct. What matters is how the conduct is received and whether a reasonable person would find the
conduct offensive and violates their dignity.
All allegations of harassment or bullying are taken seriously and addressed promptly. Any investigation will be
conducted with the greatest degree of confidentiality consistent with completing a fair and thorough
investigation.
Harassment or bullying by an employee will be treated as a disciplinary matter up to and including
termination.
Persons may perceive harassment even if they are not the intended target if it creates an offensive
environment for them.
Harassment/Discrimination
“Harassment” is a serious, severe or pervasive conduct that is unwanted or offensive that has the purpose or
effect of violating a person’s dignity or creating an intimidating, humiliating, hostile or offensive environment.
Discrimination and harassment (based on race, color, sex, pregnancy, age, national origin, religion, language,
social origin, disability, genetic information, sexual orientation, veteran status, gender identity, or other
categories protected by applicable law) will not be tolerated. Discrimination also includes treating someone
less favorably because they have submitted or refused to submit to such behavior in the past.
Examples of potential harassment:
1. Unwanted and inappropriate physical contact or horseplay, including touching, pinching, pushing,
grabbing, unnecessary brushing against someone, invading personal space and physical or sexual
assault.
2. Unwelcome sexual advances or suggestive behavior, and suggestions that sexual favors may further a
career or that a refusal may hinder it.
3. Stalking or persecuting a person with unwanted attentions, gifts, or messages.
4. Continued suggestions for dating, romance, or social activity after it has been made clear that the
suggestions are unwelcome.
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5. Sending or displaying material that is pornographic or that some people may find offensive
(including e-mails, text messages, video clips and images sent by mobile phone or posted on
the internet).
6. Offensive or intimidating comments or gestures, or insensitive jokes or pranks that undermine the
dignity of the person.
7. Mocking, mimicking or belittling a person’s physical condition or age.
8. Racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular
ethnic, social, linguistic or religious group, or gender.
9. Outing or threatening to out someone as gay or lesbian.
10. Shunning someone, for example, by deliberately excluding them from a work related conversation or
a workplace social activity
Bullying
“Bullying” is offensive, intimidating, malicious or insulting behavior involving the misuse of power that makes
a person feel vulnerable, upset, humiliated, undermined or threatened. “Power” does not always mean being
in a position of authority, but can include both personal strength and the power to coerce through fear or
intimidation. Bullying can take the form of physical, verbal and non-verbal conduct. What matters is how the
conduct is received and whether a reasonable person would find the conduct offensive, intimidating,
malicious or insulting.
Examples of potential bullying:
1. Shouting at, being sarcastic towards, ridiculing or demeaning others
2. Physical or psychological threats
3. Acts of physical or psychological violence
4. Creation of arbitrary standards for one person, imposing unrealistic demands, micromanaging work,
or using supervision to intimidate a person.
5. Inappropriate, exaggerated or untrue derogatory remarks about someone’s performance, particularly
in front of others.
6. Sabotage at work
7. Abuse of authority or power by those in positions of seniority
8. Deliberately excluding someone from meetings or communications without good reason, or
encouraging others to do so. Taking credit for another’s work
Legitimate, reasonable, and constructive criticism of a worker’s performance or behavior, or reasonable
instructions given to workers in the course of their employment, will not amount to bullying on their own.
Complaint Procedure
Each employee is responsible for creating an atmosphere free of discrimination and harassment,
sexual or otherwise unlawful, and for respecting the rights of their coworkers.
1. If an employee feels that they have been subjected to conduct which violates this policy, they should
immediately report the matter to the Employee's Supervisor. If the employee is unable for any reason
to contact this person, or if the employee has not received a satisfactory response within five (5)
business days after reporting any incident of what the employee perceives to be harassment, the
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employee should contact the Human Resource Director. If the person toward whom the complaint is
directed is one of the individuals indicated above, the employee should contact any higher-level
manager in his or her reporting hierarchy.
2. Every report of perceived harassment will be fully investigated and corrective action will be taken
where appropriate.
3. All complaints will be kept confidential to the extent possible, but confidentiality cannot be
guaranteed. The investigation will be handled in a confidential manner with information disseminated
on a strict need-to-know basis. Every employee who is given information regarding the complaint will
be informed of the need to preserve the confidentiality of the information they receive.
4. Any employee of the City who is accused of harassment shall not question, coerce, intimidate, or
retaliate in any way against the employee who has filed a complaint or against employees who have
provided information concerning the complaint. If an employee feels they have been subjected to any
such retaliation, they should report it in the same manner in which the employee would report a
claim of perceived harassment under this policy.
5. All employees shall fully cooperate in any investigation of harassment or retaliation. Disciplinary
action will be taken against any employee who obstructs or does not fully cooperate with any
investigation of harassment or retaliation.
Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up to and
including discharge. All employees must cooperate with all investigations.
Statement of Penalties for Misconduct
An employee’s commission of acts of sexual harassment, harassment, bullying, and/or retaliation will result in
disciplinary procedures as outlined in this Handbook. Discipline shall depend on the nature or severity of the
misconduct. All records concerning sexual harassment, harassment, or bullying complaints or the results of
disciplinary actions shall be maintained and stored in the City’s Human Resource Department as protected
files.
Investigation of Alleged Illegal Harassment, Discrimination, Bullying or Sexual Harassment
Any employee, who believes they have been the victim of any illegal discrimination, bullying, or harassment
or wants to report an incident, should promptly report the matter to his or her supervisor. If the supervisor is
unavailable or the employee believes it would be inappropriate to contact that person, the employee should
immediately contact the Department Head, Human Resource Director, Assistant City Manager/Personnel
Officer or the City Manager/Personnel Officer. Employees can raise concerns and make reports without fear
of reprisal.
Any supervisor or manager who becomes aware of possible illegal discrimination, bullying, or any type of
harassment should promptly advise the City Manager/Personnel Officer or any member of management who
will report the concern to the Equal Employment Opportunity (EEO) Officer of the City. The City
Manager/Personnel Officer is the EEO Officer for the City. The City Manager/Personnel Officer will conduct a
timely and confidential investigation of all claims or reports of harassment. The City Manager/Personnel
Officer may delegate a representative or agent to conduct fact finding on their behalf. As part of the
investigation, the City Manager/Personnel Officer or their designee will meet with the employee bringing the
complaint to determine the nature of the harassment, make inquiry about what remedy the employee is
seeking, and otherwise determine the focus of the investigation.
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Should the investigation disclose that evidence exists on which to determine that illegal discrimination,
bullying or harassment has occurred, the individual(s) found engaging in such prohibited activity will be
subject to disciplinary action, up to and including termination of employment. Consideration will be given to
the nature, the severity and the circumstances of the illegal discrimination or harassment. During an
investigation the Department Head, with the approval of the City Manager/Personnel Officer, will have the
authority to temporarily restructure work assignments, change work conditions, and separate involved and
interested parties in the interests of maintaining a work environment free from any potential threat, hostility
or intimidation. While all materials, records and notes about the investigation shall remain confidential, any
disciplinary action taken as the result of such investigation shall be made a matter of record in the involved
employee's personnel file.
Investigations will include interviews with individuals involved in, or who have knowledge of the events,
circumstances or conditions surrounding any complaint of discrimination or harassment. Investigations shall
be conducted and concluded within reasonable time frames, generally not to exceed 30 days, Investigations
will report and record findings of fact, conclusions based upon those facts, including reasonable beliefs
supported by evidence and record, and will outline actions to be taken.
The City Manager/Personnel Officer will, upon the completion of an investigation, act within thirty (30) days
on the investigation's findings of fact, conclusions and recommendations to determine what, if any,
disciplinary action should be taken. The City Manager/Personnel Officer will review the investigation with the
City Attorney and the Human Resource Director to determine what action is contemplated. In addition to
disciplinary action, the City Manager/Personnel Officer has the right to direct an appropriate and reasonable
remedy to work conditions, or to direct a change in procedures, and otherwise act to correct, modify or
change work environments in order to enforce this policy.
Training
As part of the City’s employment orientation, new employees will be given a copy of the City’s harassment
policy and sign a statement that they have received it. The City will strive to provide employees with training
at least annually about the City’s harassment policy and reporting procedures.
I have read and I understand the City of Moab's Non-Harassment Policy.
Employee's Printed Name: ____________________
Employee's Signature: _______________________
Position: ___________________
Date: ___________________
The signed original copy of this receipt should be given to management - it will be filed in your personnel file.