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PERSONNEL POLICY MANUAL SAFETY POLICY AND PROCEDURES DRUG AND ALCOHOL POLICY • How to prepare for your Drug Test COMPUTERS, EMAIL AND INTERNET USER AGREEMENT & PREGNANT WORKERS FAIRNESS ACT
PERSONNEL POLICY MANUAL
CITY OFLAMAR Adopted: July 9, 2018 Revised: December 19, 2022 PERSONNEL POLICY MANUAL
CITY OF LAMAR Personnel Policy Manual Table of Contents INTRODUCTION Section 1 Disclaimer 1 Section 2 Management Rights 1 Section 3 Functions & Objectives of the Personnel Policy Manual 2 Section 4 Form of Government, Organization Structure and City Administrator 2 Section 5 Departmental Work Policies &Procedures 2 Section 6 Legality of Content 3 Section 7 Availability of the Personnel Policy Manual 3 Section 8 Amendment or Revision ofthe Personnel Policy Manual 3 Section 9 Colorado Open Records Act 3 CHAPTER I: EMPLOYMENT; Section 1 Equal Employment Opportunity 5 Section 2 Competitive Hiring: Recruitment, Selection & Appointment 6 Section 3 Ineligibility 7 Section 4 Hiring: Temporary Employment 8 Section 5 Hiring Policy: Appointed Employees 8 Section 6 Pre-Employment Screening 9 Section 7 Introductory Period 9 Section 8 Orientation 10 Section 9 Employment Status 10 Section 10 Volunteers 12 Section 11 Transfers 12 Section 12 Outside Employment 13 Section 13 Nepotism 13 Section 14 Employment of Minors 14 Section 15 Reduction-In-Force (RIF) 14 CHAPTER II: COMPENSATION Section 1 Compensation Administration 16 Section 2 Employee Performance Appraisals 17 Section 3 Work Schedules 18 Section 4 Pay Period, Work Week 19 Section 5 Meal Periods & Breaks 19 Section 6 On-Call & Call-Back Pay 19 Section 7 Timekeeping, Paycheck and Payday 19 Section 8 Overtime 20 Section 9 Compensatory Time-Off 21 Section 10 Shift Differential Pay 21 Section 11 Pay for Travel 22 Section 12 Termination Administration 23
CHAPTER III: ATTENDANCE & TIME OFF Section 1 Attendance 25 Section 2 Holidays & Holiday Pay 25 Section 3 Paid Vacation 27 Section 4 Sick Leave 29 Section 5 On-the-Job Injury Leave 31 Section 6 Donated Leave 32 Section 7 Paid Leaves of Absence 33 Section 8 Unpaid Leaves of Absence 35 Section 9 Healthy Family and Workplaces Act 39 CHAPTER IV: PERFORMANCE EXPECTATIONS & CORRECTIVEACTION Section 1 Confidentiality 42 Section 2 Personal & Professional Conduct 42 Section 3 Solicitation & Distribution 43 Section 4 Conflict of Interest 43 Section 5 Open Communication & ProblemResolution 44 Section 6 Driving Permits 45 Section 7 External Communications 45 Section 8 Safe Workplace 45 Section 9 Anti-Violence 46 Section 10 Smoke-Free Workplace 46 Section 11 Use of City-Owned Equipment 47 Section 12 Drug and Alcohol-Free Workplace 48 Section 13 Personnel Records 49 Section 14 Contraband in the Workplace 51 Section 15 Corrective Action 51 CHAPTER V: EMPLOYEE BENEFITS Section 1 Insurance Benefits 54 Section 2 COBRA Health Benefits Continuation 54 Section 3 Retirement Program 54 Section 4 Employee Training & Development 55 Section 5 Tuition Reimbursement 55 Section 6 Safety Shoes 55 Section 7 Uniform Allowance 56 Section 8 Employee Assistance Program (EAP) 56 Section 9 Professional Organizations 56 Section 10 Employee Recognition 56 DEFINITIONS AND ACRONYMS 57 CITY ORGANIZATION CHART 58
1 INTRODUCTION Section 1. Disclaimer This Manual is designed to acquaint employees with the City and provide information about working here. The Manual is not all inclusive but is intended to provide employees with a summary of some of the City's employment policy guidelines. This edition replaces any previously issued guidelines. At the City of Lamar, neither the employee nor the City is committed to an employment relationship for a fixed period of time. Employment with the City is at-will; either the employee or management has the right to terminate the employment relationship at any time, for any reason. The language used in this Manual and any verbal statements by management are not intended to constitute a contract of employment, either express or implied, nor is there a guarantee of employment for any specific duration. No representative of the City, other than the City Council, has authority to enter into an agreement of employment for any specified period and such agreement must be in writing, signed by the Mayor and the employee. Except for the at-will nature of the employment, the City reserves the right to suspend, terminate, interpret or change any or all of the guidelines mentioned, along with any other procedures, practices, benefits, or other programs of the City. These changes may occur at any time, with or without notice. Section 2. Management Rights To ensure the effective operation and administration of the City, the City possesses the sole right to operate local government, subject only to applicable laws. The City, acting through its administrative branch and personnel, shall have exclusive responsibility of management and, with respect to the same, shall have all necessary direct and implied authority, including, but not limited to, the following rights and powers: • To direct and manage all operations of the City; • To establish work rules and schedules of work; • To hire, promote, transfer, schedule, assign and retain employees; • To suspend, demote, discharge or take other corrective or disciplinary action; • To maintain efficiency of City government operations; • To relieve employees from their duties because of lack of work or any other legitimate reason, including improper, inappropriate or unsatisfactory performance of the employee; • To take whatever action is necessary to comply with state, federal or local law; • To introduce new or improved procedures, methods or facilities; • To determine the duties to be included in job classifications and the number, types and grades of positions or employees assigned to an organizational unit, department or project; • To determine the kinds and amounts of services to be performed as they pertain to City government operations; • To contract or subcontract for goods and services; • To determine the method, means and personnel by which City operations are to be conducted;
2 • To take whatever action is necessary to carry out the functions of the City in situations of emergency; and • To establish and/or modify conditions of employment. Section 3. Functions and Objectives of the Personnel Policy Manual The City has adopted these personnel policies and procedures to ensure that the City employs a qualified, motivated and engaged workforce. The personnel and employment practices of the City require that all personnel actions, including but not limited to, recruitment, hiring, compensation, benefits, training, transfer, upgrading, promotions, retention and other personnel practices will be administered consistently, equitably, and objectively without regard to race, creed, color, religious convictions, gender, age, national origin or ancestry, disability, marital or military status, sexual orientation, genetic information, or any other classification protected under applicable law. By explicitly describing the City's goals and expectations, the Manual is intended to create a framework for mutual respect and trust in the workplace. Section 4. Form of Government, Organization Structure and City Administrator The City of Lamar is a home rule municipal corporation organized pursuant to Article XX of the Colorado Constitution. The City operates under the Mayor/Council form of city government, as set forth in Article I, Section 1-2 of the Charter of the City of Lamar. The City Council then appoints a City Administrator to serve as the Chief Administrative Officer for the City. Exclusions: The policies and procedures set forth in this Manual do not apply to the employment, benefits, salaries and other compensation of the City Administrator, City Attorney, elected officials, independent contractors, contractual employees, or the Municipal Judge, unless specifically stated herein or made applicable by specific contractual provision. The appointed officers of the City may be removed only by the City Council in accordance with applicable provisions of the Charter and ordinances of the City. Employees hired or appointed by the City Administrator may be removed by the City Administrator at any time when, in the discretion of the City Administrator, such removal will be in the best interests of the City. All decisions of the City Administrator in any such case shall be final. The City employs a traditional organizational structure which focuses on the hierarchical distribution of administrative authority and responsibility to, department directors, supervisors and employees. The "Organizational Structure" of the City of Lamar can be found at the back of this Manual. The City Council is the legislative and policy-making body of the City of Lamar and appoints a City Administrator who is responsible for the general administration of City services and programs. The City Council delegates to the City Administrator the powers and duties to appoint and remove all employees of the City, except as otherwise provided in the City Charter or Municipal Code. The City Administrator may choose to delegate any or all duties relating to personnel or the administration of the Personnel Policy Manual. Section 5. Departmental Work Policies & Procedures Due to the nature of the work in some city departments and to accommodate seasonal changes in hours of daylight and weather, or to meet the service delivery needs of our citizens, the hours of operation, work schedules, and rest and lunch-breaks will be established by departmental
3 management and may vary from those described in this Manual. The City's Police Department has adopted extensive policies in order to address the unique operational characteristics of law enforcement and to achieve and maintain CACP accreditation. These operational policies and procedures shall not conflict with the other provisions of general application set forth in this Manual. In the event of any such conflict, the generally applicable terms and provisions of this Manual shall control, but only to the extent necessary to resolve the conflict. Section 6. Legality of Content As of the date of issue, this revised Personnel Policy Manual becomes effective and shall supersede prior personnel regulations. If any section, item, clause or phrase contained in this Manual is found to be illegal or otherwise incorrect or in conflict with an ordinance or law, such findings shall not affect the validity of the remaining portions of the Manual. In the event of any conflict between one or more of the provisions of this Manual, a City Ordinance or a State or federal law, the ordinance or law shall govern. Section 7. Availability of the Personnel Policy Manual The Personnel Policy Manual is available to employees at all times, and its availability shall be communicated to all employees. Additional copies of this Manual are available by request through the Department Director or the Human Resources Office. It is the responsibility of all employees to be familiar with the policies and procedures set forth in this Manual. Respective Department Directors of the City of Lamar shall endeavor to ensure that every employee in their department is made aware of the contents of this Manual and all departmental rules and regulations, if any. In the event an employee has questions regarding the contents of this Manual, the employee may contact his/her Supervisor, their Department Director, the Human Resources Office or the City Administrator for clarification. This Manual has been prepared for the information and guidance of employees working at the City of Lamar. It is intended to cover the procedures, rules and policies that are most often applied to day-to-day activities. Some of the information will change from time to time since the City's policies are under constant review and are revised when appropriate. To the fullest extent reasonably possible under then-current circumstances such changes will be communicated to all employees in writing, in advance of their implementation. There is no guarantee of employment made to any employee in this Manual and none should be inferred with respect to any employee. Employees, after receipt of their copy of this Manual, which contains personnel policies affecting their employment, must sign a "Receipt of the Personnel Manual" form indicating they have read and understand the City's personnel policies. Section 8. Amendment or Revision of the Personnel Policy Manual All policies and procedures set forth in this Manual shall be subject to adoption, amendment, modification, revision, termination or elimination by formal action of City Council. Proposed amendments to this Manual shall be prepared by the City Administrator and reviewed for legality by the City Attorney and/or appropriate legal counsel. Section 9. Colorado Open Records Act Nothing in this Manual shall be construed to authorize the withholding of public records and documents that by law are required to be disclosed upon proper request, made in conformity with applicable law, including, but not limited to, the Colorado Open Records Act, Article 72 of Title 24,
4 Colorado Revised Statutes 1973, as amended, or to authorize the disclosure of records or documents that by law are privileged or otherwise exempt from disclosure requirements.
5 CHAPTER I-EMPLOYMENT Section 1. Equal Employment Opportunity EQUAL EMPLOYMENT OPPORTUNITY/UNLAWFUL HARASSMENT The City is dedicated to the principles of equal employment opportunity. The City prohibits unlawful discrimination against applicants or employees on the basis of age 40- and-over, race, sex, color, religion, national origin, disability, military status, genetic information, or any other status protected by applicable state or local law. This prohibition includes unlawful harassment based on any of these protected classes. Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. This policy applies to all employees, including managers, supervisors, co-workers and non-employees such as customers, clients, vendors, consultants, etc. ADA AND RELIGIOUS ACCOMMODATION The City will make reasonable accommodation for qualified individuals with known disabilities unless doing so would result in an undue hardship to the City or cause a direct threat to health or safety. The City will make reasonable accommodation for employees whose work requirements interfere with a religious belief, unless doing so poses undue hardship on the City. Employees needing such accommodation are instructed to contact their supervisor or Department Director immediately. PREGNANCY ACCOMMODATION Employees have the right to be free from discriminatory or unfair employment practices because of pregnancy, a health condition related to pregnancy, or the physical recovery from childbirth. Employees who are otherwise qualified for a position may request a reasonable accommodation related to pregnancy, a health condition related to pregnancy, or the physical recovery from childbirth. If an employee requests an accommodation, the City will engage in a timely, good faith, and interactive process with the employee to determine whether there is an effective, reasonable accommodation that will enable the employee to perform the essential functions of her position. A reasonable accommodation will be provided unless it imposes an undue hardship on the City's business operations. The City may require that an employee provide a note from a health care provider detailing the medical advisability of the reasonable accommodation. Employees who have questions about this policy or who wish to request a reasonable accommodation under the policy should contact the Human Resources Manager. The City will not deny employment opportunities or retaliate against an employee because of an employee's request for a reasonable accommodation related to pregnancy, a health condition related to pregnancy, or the physical recovery from childbirth. An employee will not be required to take leave or accept an accommodation that is unnecessary for the employee to perform the essential functions of the job. SEXUAL HARASSMENT The City strongly opposes sexual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: • Submission to such conduct is made explicitly or implicitly a term or condition of employment.
6 • Submission to or rejection of such conduct is used as a basis for decisions affecting an individual's employment. • Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. All employees are expected to conduct themselves in a professional and businesslike manner at all times. Conduct that may violate this policy includes, but is not limited to, sexually implicit or explicit communications whether in: • Written form, such as cartoons, posters, calendars, notes, letters, e-mails; • Verbal form, such as comments, jokes, foul or obscene language of a sexual nature, gossiping, or questions about another's sex life, or repeated unwanted requests for dates; • Physical gestures and other non-verbal behavior, such as unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another's body. COMPLAINT PROCEDURE If you believe there has been a violation of the EEO policy or harassment based on the protected classes listed above, including sexual harassment, please use the following complaint procedure. The City expects employees to make a timely complaint to enable the City to investigate and correct any behavior that may be in violation of this policy. Report the incident to the Human Resources Manager, or the City Administrator who will investigate the matter and take corrective action. Your complaint will be kept as confidential as practicable. If you prefer not to go to either of these individuals with your complaint you should report the incident to the Mayor of the City of Lamar. The City prohibits retaliation against any employee for filing a complaint under this policy or for assisting in a complaint investigation. If you believe there has been a violation of the City's EEO or retaliation standard, please follow the complaint procedure outlined above. If the City determines that an employee's behavior is in violation of this policy, corrective disciplinary action will be taken, up to, and including termination of employment. Section 2. Competitive Hiring: Recruitment, Selection & Appointment It is the policy of the City to hire the best qualified candidates for employment with the goal of continuously improving the City's operations, improving citizens' satisfaction with the quality of services, and otherwise to place applicants in jobs that best suit their abilities, interests and skills. When a position vacancy occurs, the Department Director will submit a Personnel Requisition Form to the Human Resources Office. The HR Office will conduct a recruiting and selection process designed to identify the best qualified and most suitable individual for the position. The following summarizes the major elements of the City's hiring practices. As each job opening occurs, candidates will be solicited, screened, and selected according to a recruitment plan developed by the Human Resources Office and approved by the City Administrator. Openings may be filled via direct promotion of a current, qualified employee, advertised internally only, or advertised publicly. Job openings are filled by qualified persons from within the organization when possible. Preference is given to internal candidates over external candidates when both are equally qualified. However, internal candidates are not guaranteed the positions for which they apply. Job openings will be advertised as provided above, and instructions for applying will be made available to all interested parties through the Human Resources Office. It is the general policy of the City to accept the Employment Application as the only official instrument for employment
7 consideration with the City. Resumes and other similar candidate profiles may be submitted but they will not replace the requirement of an official employment application signed by the applicant. When the Minimum Requirements of a position include achievement of specific educational levels, applicants will provide official transcripts from the school(s) attended. Candidates whose job requires a professional license or certification must provide documentation of their license or certification. Any falsification or willful omission of information on the official application form or resume will be considered grounds for elimination from further consideration for employment, or, if employed at the time of discovery, for dismissal. All employment applications must be received by the Human Resources Office, or post marked on or prior to the closing date of the vacancy announcement. Applications that are received via fax are acceptable for meeting the deadline, but an original, signed application must be received before the scheduled interview date. The Human Resources Office will screen all employment applications to ensure completeness and determine the applicant's qualifications for the position based on the Position Description, and complete an Applicant Determination Form. In the case of applicants for a law enforcement position, the screening process will include a background investigation of the applicants. The Human Resources Office will send a copy of each qualified applicant's application to the Department Director. The Director will review all qualified applicants and notify the Human Resources Office regarding which applicants he or she would like to interview. The Human Resources Manager and the Director will collaborate to arrange the interview date and time with each applicant selected for interview. The Director may choose to appoint an interview committee, including the position's supervisor to conduct a valid job-related interview of candidates, or conduct the interview him- or herself. When the hiring authority has decided on the best candidate for the open position, the hiring authority will extend a verbal offer to the candidate, and if that offer is accepted, a written conditional offer of employment will be sent to the candidate. The written offer will be contingent upon the candidate's successful completion of the pre-employment screening process (see Section 6 of this Chapter I) The offer letter will also provide specific details of the offer: the position, name of the department, starting date, beginning pay or salary, and a summary of the benefits available. Failure of the candidate to report to work on the date and time specified in the letter will be considered as a rejection of the offer of employment. Employees of the City of Lamar need not reside within the City Limits. However, employees subject to emergency calls must live sufficiently close to be able to respond quickly to emergency calls in accordance with Departmental policy. Provisions of the Immigration Reform and Control Act of 1986 require that the City ensure that employees are authorized for employment in the United States. The hired applicant will furnish proof of eligibility to work in the U.S. and complete an I-9 form within three business days from date of hire. The Human Resources Manager will notify all unsuccessful applicants of their non selection. All solicited applications and related material, including interview notes for all interviewed applicants will be returned to the Human Resources Manager at the completion of the process. Applications of unsuccessful candidates will be maintained in the Human Resources Office for six months. Section 3. Ineligibility Applicants will be considered ineligible for hire or rehire by the City if the applicant has: • Made any false statement or omitted any relevant information on the application for
8 employment. • Not met the requirements of the position. • Failed to successfully complete the pre-employment screening process. • Been previously dismissed from City employment as a result of a disciplinary matter or failure to successfully complete the Introductory Period. • Not a legal resident of the United States • Not met the criteria for bonding if required by the position. Section 4. Hiring: Temporary Employment In order to have the necessary flexibility in staffing to meet Department/Program performance demands, seasonal or cyclical fluctuations in workload, to temporarily replace employees absent due to termination or extended leave, or to complete special short-term projects, Management may hire an employee through a non-competitive selection process for a temporary job assignment. A Temporary hire may be for either full or part-time work on a continuous but short-term basis generally not to exceed four months in duration. Temporary employees are terminable at will, not entitled to use the Appeal Procedure, do not receive City provided fringe benefits, do not earn Annual or Sick Leave, and are not eligible for promotions or transfers. The duration of a Temporary assignment may be extended for up to an additional ninety days with the approval of the City Administrator. When it becomes necessary to fill a position on a temporary, short-term or "casual" basis, the Director will complete a Personnel Requisition Form, obtain the necessary approvals, and present it to the Human Resources Office. The Director, in consultation with the Human Resources Manager, will select a candidate for appointment to the position. The employee selected must complete, or have on-file with the HR Office, an employment application. The Human Resources Manager will review the application to ensure the candidate meets the minimum qualification requirements of the position. Compensation for Temporary and Casual Employees will be determined in accordance with the provisions of the Compensation Administration Policy. A Personnel Action Form will be prepared by the Director and forwarded to the City Administrator's Office for approval. Section 5. Hiring Policy: Appointed Employees This policy is included only for the purpose of identifying the process through which Appointed Employees are added to the City's payroll and benefits administration, and is not intended to imply that other provisions of this Manual apply to those Appointed Employees. Appointed Officials, the City Administrator, City Clerk and City Treasurer positions are recruited, selected and hired through a process determined at the sole discretion of the City Council at the time of recruitment. Upon conclusion of the hiring process, the City Council will notify (in writing) all applicants of their selection or non-selection. Throughout the hiring process, the Human Resources Office will be available to provide consultation and support services as required to ensure that the individual selected and hired is satisfactory to the City Council. The City Council will submit all recruitment and selection documents to the Human Resources
9 Office for processing the Notice of Appointment. At the conclusion of the hiring process, the City Clerk and Treasurer become Appointed Employees of the City who report directly to the Council. They enjoy the same benefits as other employees of the City, except as noted in this Manual, or as otherwise directed by the Hiring Authority. The City Administrator is a Contract Employee of the City Council. The Administrator's salary, benefits and other conditions of employment will be established through a written contract, and will not be subject to the provisions of this Manual except as specifically provided in the contract. Section 6. Pre-Employment Screening All employment offers will be contingent upon successful completion of all reference checks, education verification (including credentials, licenses and degrees), background investigations and other pre-employment screening requirements. The Human Resources Manager will determine whether the results from the pre-employment screening are acceptable for employment with the City. The Public Safety Departments of the City have more rigorous requirements for testing and screening candidates such as, but not limited to, testing, fingerprinting and more extensive background investigations. Candidates will be notified of such requirements during the hiring process. Section 7. Introductory Period Every newly hired employee will serve an Introductory Period. The purpose of the Introductory Period is to give the Director the opportunity to evaluate the employee's suitability, potential and performance in the position and to provide the employee the opportunity to decide if he or she is satisfied with the position. The Introductory Period for employees, except those hired as non-Certified Police Officer Recruits, is the first one hundred eighty (180) calendar days of continuous employment. During this time, all employees are on an introductory status, are terminable at will, and do not have access to the Problem Resolution or Appeal Procedures provided in Chapter IV of this Manual. With the approval of the City Administrator the Introductory Period for an individual employee may be extended for up to an additional 180 calendar days The Introductory Period for an employee hired as a non-Certified Police Officer Recruit will be extended as necessary to include the employee's training at the law enforcement academy. A Recruit, who fails to earn certification at the completion of training at the academy, will be released from employment for failure to successfully complete the Introductory Period. A Recruit who successfully completes his or her training at the Academy and attains certification, will serve an additional 180-day Introductory Period beginning on the date of certification. Prior to the time when the Introductory Period is scheduled to end, the employee will be given a performance evaluation. The evaluation will be conducted by the employee's immediate supervisor and Department Director and will assess the employee's performance. The evaluation will determine whether: a) the employee should be classified as regular full-time or part-time, (b) the employee should continue on an Introductory Period for an additional six (6) months, or (c) the employee should be dismissed. During the Introductory Period, the employee is eligible for employee benefits such as Sick Leave and Holiday Pay. Annual Leave will not be credited to the employee until the employee successfully completes the Introductory Period. A current employee, who is promoted to another job, will serve an Introductory Period as provided in this section; provided, however, that an employee already receiving benefits when placed on
10 Introductory status will retain and be eligible to use those benefits during the Transfer Introductory Period. Section 8. Orientation New employees will undergo an orientation to acquaint them with the City's policies and procedures, their jobs, and their internal and external working relationships. The orientation will consist of three (3) parts: • Payroll & Benefits - All new employees will be oriented on payroll, benefits, and the preparation of their timesheet and will complete all employment-related forms. All regular full-time and part-time employees will receive a copy of the City's Personnel Policy Manual at this time. • Orientation to the organization - This part of the orientation will focus on introduction to policies and procedures, work practices, performance evaluations, the mission and values of the City and the City's expectations of its employees. During this part of the orientation, the employee will be asked to sign a document acknowledging receipt of the Manual and his or her understanding of the material in it. • Orientation to the job - The new employee's immediate supervisor, as designated by the City Administrator, generally will orient the employee to the job, his or her co-workers and describe the internal and external working relationships. The purpose of this part of orientation is to give the employee a foundation for success, give them an overview of the tools and equipment used, and introduce them to safe work practices and the availability of personal protective equipment. Section 9. Employment Status This policy establishes the categories of employment "status" in order to determine proper compensation administration, working hours requirements, eligibility for benefits, and the application of other City policies. "Status" in no way places relative value on the contribution of the employee, but rather specifies a category based on tasks and responsibilities, for the purposes of employment administration. The employment status of each position within the City will be established by the Human Resources Office, based upon the specific job duties and responsibilities. More than one status may apply to an individual employee. Regular Regular employees are hired through thecompetitive hiring process, are regularly scheduled to work 30-hours or more per week and are benefit-eligible as described in this Policy Manual. Temporary Temporary employees are hired to fulfill specific requirements for limited periods of time not to exceed four months. Temporary employees can work on a part-time or full-time basis, are terminable at-will, cannot avail themselves of the Problem Resolution or Appeal Procedures set forth herein, and are not benefit-eligible. Appointed Appointed employees of the City are the City Clerk, and the
11 City Treasurer. Appointed Employees report to and are supervised by the City Council, are terminable at the will of Council, but are entitled to all other benefits provided by the City in accordance with this Manual. Full-time Full-time employees are normally scheduled to work forty (40) hours per week or more. Part-time Part-time employees are normally scheduled to work fewer than forty (40) hours per week. Salaried Salaried employees are paid a fixed annual salary amount paid in bi-weekly increments for all hours worked in a pay period, and are of a job type that is considered exempt under the provisions of the Federal Fair Labor Standards Act and are not eligible for overtime pay for hours worked in excess of 40 in a work week Hourly Hourly employees are paid a specific rate for each hour worked. Employees in this category are non-exempt under provisions of the Federal Fair Labor Standards Act and are eligible to receive overtime premium compensation for hours worked in excess of forty (40) in a workweek (except for Public Safety employees whose overtime is regulated under the FLSA 7(k) exception). Contract Contract employees, such as the City Administrator, are employees who are covered by the terms and conditions of their individual employment contract. In all cases where the policies herein conflict with the provisions of an employment contract, the terms and conditions of the specific employment contract shall prevail. Volunteer Individuals who, of their own free will, offer themselves for a service or duty without compensation and are approved for voluntary service by the City Administrator or his authorized designee. Emergency Appointment Emergency appointments may be made by the City Administrator without regard to the rules governing all other appointments in the event of an emergency which the City Administrator reasonably believes may result in the loss of life, loss of public property or danger or serious inconvenience to the public or any circumstances which endanger the public health, safety, or welfare. The duration of the emergency appointment shall not exceed the end of the budget year in which the appointment is made or the end of the emergency, as determined by the City Council.
12 Section 10. Volunteers EMPLOYEE VOLUNTEERS Employees who wish to be involved with City activities during non-working hours must be registered volunteers. Employees can become registered volunteers by completing an application and receiving subsequent approval from the City Administrator. This approval includes all activities either on or away from the City facilities. This approval will indicate the nature and the extent of the volunteer's activities. Hourly employees may not volunteer for activities that are identified as "essential duties" of their regular paid job. Any Hourly employee who believes that the City has failed to correctly compensate him or her for overtime actually worked must notify his or her Department Director of such possible error within thirty (30) days following the receipt of any pay which the employee believes was calculated incorrectly. CITIZEN NON-EMPLOYEE VOLUNTEERS It is the policy of the City to provide opportunities for volunteers and students so that they can gain practical and professional experience or so that they may simply have an opportunity to help the community we live in. This classification includes volunteer firefighters and EMT's. Although, in the case of firefighters and EMT's, the City may choose to provide a small stipend to help defray the costs of volunteer service, volunteers are not employees of the City. Nothing in this Policy shall be deemed to create a contract between the volunteer, intern, or Community Service Worker and the City. Both the volunteer and the City have the right to terminate the volunteer's association with the City at any time, for any reason, with or without cause. To be accepted as volunteers, candidates must complete a Volunteer Application form, undergo a reference check, and may be interviewed by the City Administrator or hiring authority. If appropriate placements can be made, volunteers and students will be assigned to work under a supervisor, who will see that they adhere to a work schedule, are evaluated (students only), and observe the same rules and code of conduct as all regular employees of the City. Section 11. Transfers In order to provide management the flexibility to accomplish Department/Program goals and objectives, and to give current employees the opportunity to apply their experience and education to a different position or to achieve a promotion, it is the Policy of the City to provide for the transfer of existing employees to other Position Classifications in the Department/Program, or, with the approval of the City Administrator, between Departments When a position vacancy occurs, and a current employee has the required credentials, education and experience and has demonstrated a high level of performance, the Department Director may offer the position to this fully qualified individual. If the employee is interested in the opportunity, the employee's personnel record must show that they possess the experience, knowledge, skills and education to meet the Minimum Qualifications of the Position Description of the new position. All transfers shall be subject to review and approval by the City Administrator. An employee, who is transferred, will have his or her compensation adjusted to the Salary Range of the new Position Classification. Determination of the specific starting salary will reflect the employee's experience and qualifications, and consideration of internal equity with current employees in the classification. A current employee who is transferred to another position will be required to complete an Introductory Period, in accordance with Chapter 1, Section 7 of this Manual. The transferred employee will progress within the new classification pay range, based upon job performance.
13 If an employee accepts a transfer to a position in a lower Salary Range the employee's salary may be adjusted. The amount of the compensation adjustment will be determined by the appropriate placement in the Salary Range for the classification, comparison to other incumbents for internal equity and the budget for compensation approved for the department concerned. The employee's salary cannot exceed the pay range maximum of the new Classification Salary Range. Section 12. Outside Employment It is the City's Policy to allow employees to engage in outside employment under the following conditions. An employee, who wants to engage in work for an employer in addition to their primary employment with the City, must notify their Department Director, in writing on a form provided by the City. Prior notification provides the City with the opportunity to determine whether the secondary employment will conflict with the City's interests. No employee may engage in outside employment, which, in any manner, interferes with effective job performance for the City, results in, or appears to result in, a conflict of interest or may subject the City to public criticism or embarrassment. Employees engaged in or wishing to engage in outside employment must have the approval of their Department Director and the City Administrator, prior to accepting outside employment. Employees may engage in outside voluntary activities on an unpaid basis, so long as those activities do not represent a conflict of interest, impair their ability to perform their work, or employ City assets and resources. Employees may not engage in outside employment while absent from work using any leave benefits (other than Annual Leave), without prior written approval from the Department Director. Section 13. Nepotism It is the policy of the City to prohibit nepotism in the workplace. Family members will not be hired into a department where the employee directly supervises or is supervised by another family member. Employees will not influence or participate in the hiring, promotion, transfers or management of family members. More than one family member may work for the City, but under no circumstances may more than one family member work in the same department or division of a department, or have another "reporting relationship" as identified in the City's organizational hierarchy unless the following guidelines are met: 1. A family member will not directly or indirectly exercise supervisory, appointment, or dismissal authority or disciplinary action over another immediate family member or otherwise affect the morale, safety or security of the employee; 2. A family member will not audit, verify, receive or be entrusted with monies received or handled by another immediate family member, or work in a position in which collusion between the family members could subvert internal controls; 3. A family member will not have fiduciary responsibility for theemployee's Confidential information, including payroll and personnel records; and 4. A family member will not participate in making or advising on employment decisions involving a relative. For the purposes of this provision, family members include: spouse, former spouse, child, parent, siblings, grandparents, grandchildren, aunts, uncles, like relations by marriage, foster and adopted children, cohabiting adult or other person who would fall under the above definition if the persons who are cohabiting were in fact married. Employees of the City who become family members after the effective date of this Manual and
14 work in circumstances which violate the provisions of this policy are subject to this regulation. In such circumstances, the City will make reasonable efforts to reassign job duties so as to minimize problems of supervision, safety, security and morale. If no reasonable effort will alleviate the violation, the City will determine whether and under what conditions an employee may be permitted to remain in his/her current position. In applying this paragraph, the City will choose which of the employees will be affected, with primary consideration given to the operational needs of the City, including interests of economy, efficiency and effectiveness, and giving consideration to the work history and seniority of the employees affected. Application of this provision may result in one or both employees being required to: a) find employment in another department; orb) resign. Part-time, temporary or seasonal employees may be excluded from this provision with prior approval of the City Administrator in the event that another candidate or applicant cannot reasonably provide the necessary services. Employees are responsible for advising their Director if they are related to another City employee as defined in this policy. Section 14. Employment of Minors The City has established this Policy to regulate the hiring of Minors. As a general rule, employees of the City must be 18 years of age or older. Occasionally, the City may hire students or others who are as young as 14 years old, but this is done only under special conditions, usually under the provisions of a grant agreement, and must be approved by the City Administrator's Office. In no case will Minors be permitted to work in any occupation declared to be hazardous or detrimental to their health or well being by the U.S. Secretary of Labor. Minors younger than 18 years of age must provide a signed, Parental Permission Form to the City in order to work, including a parental permission for the provision of emergency medical care. • Minors who are 16 or 17 years old may perform any non-hazardous job for unlimited hours. • When school is in session, 14 and 15 year olds may work up to three (3) hours per day on school days, including Fridays; they cannot work more than 18 hours per week in school weeks; more than 8 hours a day on non-school days; more than 40 hours per week when school is not in session. • 14 and 15 year olds may not work before 7:00 a.m. or after 7:00 p.m., except from June 1 through Labor Day when their permissible hours are extended to 9:00 p.m. Under a special provision, 14 and 15 year olds who are enrolled in an approved Work Experience and Career Exploration Program may be employed for up to 23 hours during school weeks and 3 hours on school days (including during school hours). Students and/or minors who hold stipend assignments must satisfy the training program requirements of the position and the conduct of the services to ensure compliance wit the associated regulations for stipends. All other positions for students are considered employment and associated tax withholding will be maintained. Section 15. Reduction-In-Force (RIF) If it becomes necessary for the City to reduce the number of City employees because of economic conditions, termination of a grant, organizational changes, lack of funds, lack of work or other circumstances the Director may implement adjustments in staff levels by means of a personnel RIF.
15 Before instituting a RIF, the Supervisor, Department Director and City Administrator will explore reasonable possibilities for reassignment of affected employees, and will consider requirements to maintain the City's operations. Selection of employees to be RIF'd will be done without regard to the employee's race/color, national origin, sex (gender, sexual orientation and condition of pregnancy), religion, age, or disability. The Human Resources Office will provide assistance throughout the RIF process to accomplish any possible inter-department transfers of personnel and communication. When a RIF is instituted, employee performance will generally govern the decision as to which employees will be retained. Where two or more employees are of similar ability and performance, length of service may be a secondary consideration. When a functional reorganization is the cause of a RIF, then the nature of the functions affected will determine which positions are selected for RIF. The decision-making process will generally follow: a. Description of the reason for the RIF. b. Identification of the position(s) affected, in number and type. c. Identification of the employees who are incumbent in the position(s) affected. d. Assessment of the incumbent employees' respective performance history,skills and abilities. e. Associated length of service for potentially affected employees. f. Identification of those selected for RIF, according to position, performance, skills and abilities, then length of service if all other factors areequal. The Director will submit the above information to the City Administrator's Office for review and approval prior to enactment of the RIF. The City may occasionally retain certain employees because of the employee's special knowledge, skill, training, or experience. Employees scheduled to be laid-off due to a RIF will be given as much advance notice as possible; however employees to be RIF'd may be notified at any time during a pay period and may be allowed to work through the end of that regular pay period or receive pay to the end of that pay period. The Termination Policy for termination administration will be implemented when appropriate approvals for a RIF have been obtained. For a period of six months following the date of RIF, an employee who has been laid-off will be offered the opportunity to return to work whenever a vacancy occurs in any department of the City in a position which the employee is qualified to perform, before recruitment is conducted for such vacancy. If an employee has been offered an opportunity to return to work under this provision and fails to do so all rights to "recall" are extinguished.
16 CHAPTER II - COMPENSATION Section 1. Compensation Administration Policy No employee will be paid less than the applicable legal minimum wage. Each job, or position within the City has been formally described in a written Position Description that describes in summary form the purpose of the position, the essential duties and responsibilities of the position, the supervision given and received, the minimum qualification standards that must be met by a candidate for employment to be hired for the position, the physical demands of the position and the typical work environment experienced when performing the work. Based on the Position Description, each position has been evaluated based on objective factors with consideration given to current competitive labor-market conditions and assigned to a Salary Range, which establishes the value of the position in relation to other positions in the organization. Within this framework, an employee's salary will be related to qualifications, experience and job performance. Each Salary Range provides a Minimum, Mid-Point and Maximum salary for each position. It is the policy of the City that employees will not be paid less than the Minimum nor more than the Maximum of a given Range for a particular position, except employees hired under a training program as described in the Competitive Hiring Section who may be paid less than the Minimum until such time as they successfully complete the training plan. The City Administrator will ensure that the salary schedule is evaluated on a regular basis to ensure that the City's compensation remains internally equitable and market competitive with comparablysized municipalities for comparable work performed in these other jurisdictions. All salaries listed on the schedule are gross salaries and are subject to mandatory withholding and voluntary deductions. Salary increases are based on individual employee merit and performance as indicated in the annual written employee evaluation described in Section 2, below. The achievement of a certain period of time in a position does not, in itself, justify a salary increase. Salary ranges for any job classification may be increased (or decreased) by the City Council. Salary increases depend on the City's ability to meet its budget. The provisions of this section do not apply to temporary employees. The salaries of such employees are individually determined by the City Administrator. ADJUSTMENTS TO THE SALARY RANGES The City Administrator will periodically review the Salary Ranges to ensure that the pay structure remains competitive. Periodic position-based pay adjustments based upon market changes may occur, depending upon employee assignment, employee performance, market dynamics, budgetary constraints and other factors that may apply. Any adjustments will be recommended by the City Administrator and must be approved by the City Council before becoming effective, and may include pay increases or decreases, as appropriate. If, as a result of a change in the Salary Range of a position, individual employees' compensation falls above or below the new Salary Range parameters, adjustments may or may not be made at that time. If pay increases or decreases are indicated, these will be communicated by the City Administrator to the Department Director and enacted, with their approval depending on the availability of budgeted funds. The Director is expected to communicate with the employee regarding such changes. If an employee is paid over the Maximum at the time the Range for the position is established, and the employee's salary is not reduced, the employee will be ineligible for an increase in pay ("Red
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