Loading...
HomeMy WebLinkAbout2004-2744 - Ordinance - 09/09/2004ORDINANCE NO. 2744 AN ORDINANCE ADOPTTNG AND APPROVING FOR THE CITY OF COLLEGE STATION AN EMPLOYEE HANDBOOK; REPEALING ALL PRIOR RESOLUTIONS OR ORDINANCES APPROVING PRIOR HANDBOOKS: PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION. TEXAS: PART That the Employee Handbook for the City of College Station as set out in Exhibit · 'A", attached hereto and made a part of this ordinance for all purposes, is hereby approved. PART 2: That the C~ty Manager of the City of College Station, pursuant to Sect,on 2 of the City Charter. is hereby authorized to make changes to the handbook as are necessary and to notify the City Council of the changes on an annual basis PART 3' That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of the ordinance, which shall remain in full force and effect PART 4: That all ord,nances or resolutions that have approved an Employee Handbook are hereby repealed and are of no force and effect PART 5: That this ordinance shall take effect immediately from and after its passage, as provided by Section 35 of the Charter oflhe C~ty of College Station. PASSED. ADOPTED and APPROVED this 9t_~~ day of September. 2004 ~Mx.d.~~ATTEST: Co,'mie Hooks. C~ty Secretary APPROVED APPROVED' Cny Attorney I.I IOrdm,Tnce 2Olt4~.4,1optmg Emplo)¥e Hamtbook Onhn,tnce No 2744docdo~ TABLE OF CONT~_,NTS SECTION 1: 1.01 1.02 1 .o3 1.o4 1.o5 1.o6 SEu/'ION ~,: 2.01 2.02 2.03 2.O4 2.05 2.06 2.07 2.O8 2.O9 2.10 2.11 2.12 2.13 SEuriON 3: 3.Ol 3.02 3.03 3.04 3.05 3.06 3.O7 3.O8 3.09 3.1o 3.11 3.12 3.13 3.14 SECTION 4: 4.Ol 4.02 4.03 4.04 4.05 4.06 4.07 4.08 GENERAL PROVISIONS City's Authority; City Council Purpose of Employee Handbook Amendment of Employment Handbook Applicability Appointments At-Will Employment STAFFING AND DEVELOPMENT Equal Employment Opportunity Nepotism Recruitment Hiring - Child Labor Provisions Skills Testing of Apphcants Screening and Selection of Prospective Employees New Hire Conditional Requirements Results - New Hire Conditional Requirements New Hire Processing Citizenship Verification for Employment Eligibility Employee Identification Cards New Hire Orientation Program Personnel Files EMPLOYMENT Types of Employment Introductory Period of Employment Hours of Work Flexible Work Schedules Procedures Attendnnee Attendance - Adverse Weather Conditions and States of Emergency Lunch Period Break Period Performance Reviews Promotions Transfers Demotions Secondary Employment Employment Separation COMPENSATION Pay Plan Pohcy Pay Time Sheets Pay Day Pay Checks Payroll Deductions Overtime/compensatory Time Off Shift Differential Pay PAGE 1-1 2-2 2-2 2-2 2-2 2-2 PAGE 3-3 3-4 4-4 4-5 5-5 5-5 5-6 6-7 7-7 7-7 7-7 8-8 8-8 PAGE 9-9 9-1o 10=10 10-11 11-11 11-11 12=12 12-12 12-12 12=12 12-13 13-13 14-15 15-16 PAGE 17-18 18-22 22-22 22-22 23-23 23-23 23-24 24-24 4.09 Pay - Daylight Savings Time 4.]o On Call 4.11 Educational Incentive Pay for Fire and Police 4.12 Public Safety Assignment Pay 4.13 Language Skills Pay 4.~4 Sign Language Skills SECTION 5: 5.0] 5.02 5.03 5.o4 5.05 5.06 5.07 5.08 5.o9 5.xo 5.~2 5.~3 5.~4 5.z6 5.~7 5.~8 5.19 5.20 5.2~ 5.22 5.23 5.24 SEcI1ON 6: 6.o~ 6.02 6.03 6.o4 6.05 6.06 6.07 SEurlON 7: 7.01 7.02 7-o3 SECTION 8: 8.o~ 8.02 8.03 EMPLOY~.~. BENEFITS AND SERVICES Communication of Benefits Sick Leave Catastrophic Sick Leave City Ambulance Service Vacation Holidays Medical and Dental Phn HIPAA Privacy Group Life Insurance Supplemental Life Insurance Accidental Death & Dismemberment Dependent Life Insurance Group Long Term Care Vision Care Reimbursement Flexible Benefit Plan Short Term Disability Long Term Disability Retirement Deferred Compensation Plans Savings Bonds Credit Union Service Awards Use of City Swimming Pools Employee Assistance Program APPROVED T .~.&VF.~ Time OffTo Vote Jury and Court Service Leave Administrative Leave Military Leave Family and Medical Leave Personal Leave of Absences Without Pay (Non-FMLA) Neutral Leave Policy EMPLOYEE DEVELOPMENT AND REIMBURSEMENT PROCEDUI~F-q Employee Development Policy Educational Reimbursement Memberships, Training Classes/Seminars, Conferences & Meeting Expenses HEALTH AND SAFETY Risk Management Division Pask Management Manual Worker's Compensation 25-25 25-25 25-26 26-27 27-28 28-28 PAGE 29-29 29-30 3o-32 32-32 32-33 33-34 34-35 36-36 36-36 36-36 36-36 36-36 36-36 36-36 37-37 37-38 38-38 39-40 4o-4o 4o-4o 4o-4o 4o-4] 41-42 PAGE 43-43 43-43 43-43 43-44 44-45 46-46 46.46 PAGE 47-48 48-49 4932 PAGE 53-53 53-53 53-55 8.04 Modified Work Duty Program 8.05 Vehicle Driving Policy 8.06 City-Owned Vehicle Use Procedures 8.o7 Taxable Use of City-Owned Vehicles 8.o8 Substance Abuse Policy 8.o9 Drug & Alcohol Policy for Commercial Driver's License Holders 8.zo Smoking Policy 8.1z Workplace Violence 8.m Concealed Weapons Policy 8a3 Guidelines For Emergency Operations SECTION 9 9.or 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.~o 9.z~ 9..~2 9.~3 9-~4 9..~5 9.16 9.~7 9,t8 SECTION lO: IO.1 10.2 lO 3 ~o.4 EMPLOYEE CONDUCT Code of Rthies Council Contacts Political Activity Conflicts of Interest Professional Appearance Of Employees Aceeptance of Gifts Solicitation Sexual Harassment Other Forms of Harassment Reporting An Arrest Computer Software Use Policy Internet Policy Electronic Mail and Voice Mail Policy City-Owned Cellular Phone Policy Personal Telephone Call Policy Facsimile Machine Usage Policy Theft or Misuse of Property City Procurement Card DISCIPLINE AND APPEAL PROCEDURF~ GRIEVANCE PROCEDU]Z]~-q Disciplinary Policy Appeal Procedures Review Board Grievance Policy 55-57 57-60 6o-61 61-6~ 6i-65 65-66 66-66 67-67 68-68 68-68 PAGE 69-69 7o-7o 71-71 7z-71 72-7'2 72-72 72-72 72-73 73-74 74-74 74-75 76-76 77-78 79-79 79-79 PAGE 80-82 83-83 84-84 85-87 INDF_,Z CITY OF COLI.EGE STATION EM PLOYEE HANDBOOK SECTION ~: GENERAL PROVISIONS 1.Ol. City's Authority; City Council The City of College Station has all the powers granted to a municipal corporation by the constitution and laws of the State of Texas. All powers of the City and the determination of all matters of pohcy are vested in the City Council. The City Council is the legislative body of the City. The City Council is composed of six (6) Council members and the Mayor. The City of College Station operates under the Council-Manager form of government. A. City Manager The City Council appoints the City Manager who is the chief executive officer and the head of the administrative branch of the city government. The City Manager is responsible to the City Council for proper administration of all affairs of the City. The City Manager also has the general and final authority for personnel management and the day-to-day operations of the City, except as to matters specifically reserved by the City Charter. The City Manager may delegate authority and/or assign responsibility for personnel management as necessary and appropriate to the Assistant City Manager, Human Resources Director and Department Directors. The final authority, however, in the form of review and approval is reserved to the City Manager. B. Human Resources Director The Human Resources Director is responsible for handling the City's Human Resources function, and, in that capacity is responsible for developing, administering and interpreting human resources policies and procedures for City employees. The Human Resources Director is the delegated authority to implement and enforce human resources policies and procedures on behalf of the City Manager. C. Department Directors Department Directors are responsible for the supervision and control of his/her respective department subject to the City Manager. Department Directors and their management personnel are also responsible for the administration and enforcement of these human resources policies and procedures. Department Directors shall cooperate with the Human Resources Director on personnel matters pertinent to their departments. D. City Attorney The City Attorney is the legal adviser of and attorney for the City and all officers and departments. The Human Resources Director and Department D~rectors shall consult and cooperate with the City Attorney on legal ~ssues pertaining to personnel matters in their departments. C~ty of College Station Employee Handbook Rewsed June 2004 I !.o~'. Purpose of the City of College Station Employee Handbook The purpose of the City of College Station Employee Handbook is to set forth general employment policies and procedures that are to be followed by all City employees. Individual departments may adopt supplemental employment policies, procedures and work rules in order to meet their specific needs. Depa~hl~ental employment polities, procedures or work rules must not be in conflict with these City wide employment policies and procedures and are subject to the approval of the City Manager or his/her designee prior to being implemented. In the event of any conflict between these employment policies and any City ordinance, City Charter, State or Federal law, the terms and conditions of that rule or law shall prevail. In the event of any conflict between these employment policies and procedures and any internal departmental employment policies or rules, the employment policies and procedures in this Handbook shall prevail. In the event of the amendment of any ordinance, nde, or law incorporated in this Handbook or upon which these employment policies and procedures rely, these employment policies and procedures shall be deemed amended in conformance with those changes. 1.o3. Amendment of Employment Policies and Procedures The City of College Station spedfically reserves the right to repeal, modify, or amend these employment policies and procedures at any time, with or without notice, l~lone of these provisions should be interpreted as forming an expressed or implied contractual right with any employee, nor to limit the power of the City Manager or City Council to repeal or modify these rules. Employment policies and procedures amendments will be distributed immediately to each department and will be periodically incorporated into the Employee Handbook. Each newly hired employee will be provided a copy of the City of College Station Employee Handbook and all amendments. 1.o4. Applicability These employment policies and procedures apply to all employees of the City of College Station. 1.o5. Appointments The following positions are, by C~ty Charter prevision, appointed by the City Council. 1. City Manager 2. City Attorney 3. City Secretary 4. Municipal Court Judge ~.o6. At =Will Employment Employment with the City of College Station ~s "At-Wall Employment," which means regardless of anything contained in this Manual and regardless of any work-related custom or practice, both the employee and the City has the right to terminate the employment relationship at any time, for any reason, with or without cause. Clly of£ ollege Station Employee Handbook Revised June 2004 2 SECTION o: STA~'IqNG AND DEVELOPMENT 2.ox. Equal Employment Opportunity It is the policy of the City of College Station to provide equal opportunity in employment to all employees and applicants for employment. Discrimination against any person in recruitment, hiring, training, promotion, disdpline, pay, or any other aspect of employment because of race, color, sex, religion, national origin, age, disability, or any other legally protected elassification is prohibited by Federal and State Law as well as City Policy. In compliance with applicable laws, the City will make reasonable accommodations for qualified individuals with known disabilities, unless doing so would result in an undue hardship on the City or pose a direct threat to the health or safety of the individual or others. An otherwise qualified individual with a disability is a person who, with or without reasonable accommodation, can meet all the selection criteria and perform all of the essential functions of an employment position held or desired. An employee with a disability for which an accommodation is needed should contact his/her Depa~ tment Director and the Human Resources Director. Employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to their supervisors, departmental management, the Human Resources Director, or any other member of management. Ho employee is required to complain to his/her supervisor if that person is the person exhibiting discriminatory behavior, or condoning such activity. Every complaint of discrimination will be investigated promptly and thoroughly, and in a manner as confidential as possible. Where appwpriate, corrective action will be taken. In no case will the City tolerate any form of retaliation against an employee who makes a complaint of discrimination or who cooperates in the investigation of such a complaint. If an investigation reveals that an employee has unlawfully discriminated against another employee, or retaliated against another employee for complaining of discrimination or cooperating in an investigation of such discrimination, the offending employee will be disciplined which may include termination of employment. 2.02. Nepotism No person who is related within the second degree by affinity (marriage) or the third degree by consanguinity (blood) to the Mayor, members of the City Council, the City Manager, the Assistant City Manager, or a Department Director shall be initially appointed to any office, employed in any job position, or service of the City. This prohibition shall not apply to an incumbent employee who has been continuously employed by the City for at least thirty (30) days prior to the appointment or hiring of the public official to whom the employee is related. Additionally, this prohibition shall not apply to an incumbent employee who has been continuously employed for six (6) month~ prior to the election of the public offidal to whom the employee is related. City policy also prohibits the employment of, promotion of, or transfer of, any individual to work in a position where a relative of the employee has indirect or direct supervisory responsibilities over the person, or where the relative occupies a position that has influence over the person's employment, promotion, salary administration, and other related management or personnel considerations. City of College Statton Employee Handbook Revised June 2004 3 In the event persons who are already employed in the same department marry, become related through marriage, or begin sharing living quarters with one another, the Department Director will determine if continued employment is appropriate for the emp]oyces. If in the Department Director's judgment, potential problems exist or reasonably could exist, only one of the employees will be permitted to remain employed with the City, unless a job reassignment can be made to eliminate the potential problem. Such reassignment will be made only if a vacant position exists and the employee possesses the skills and qualifications to perform the job. Continued employment shall not be approved if either employee has supervisory responsibilities over the other employee or if one employee occupies a position that has influence over the other's employment, promotion, salary administration, and other related management or personnel considerations. Definition of Affinity - Affinity is a relationship created by marriage and within the first and second degree includes: spouses, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparont-in-law, uncles and aunts by marriage, nephew's spouse, niece's spouse, grandson-in-law, granddaughter-in-law and first cousin's spouse. Definition of Consanguinity - Consanguinity is a relationship created by birth and within the first and second degree includes: parents, brothers, sisters, children, grandparents, grandchildren, aunts and uncles, niece, nephew and first cousin, and within the third degree includes: great-grandfather, groat-grandmother, great-grandson, groat-granddaughter, great uncle, great aunt, great niece, groat nephew and second cousin. 2.03. Recruitment DepaJ tment Directors or Supervisors who need to fill a job vacancy must submit a completed Employee Request Form to the Human Resources Department as far in advance as possible. This will allow for sufficient time to recruit and select qualified candidates. The Employee Request Form should include the job title, the minimum qualifications for the position and the deadline for application. Vacancies most be posted for a minimum of throe (3) working days prior to the selection of an employee. The Human Resources Department will accept employment application forms from beth inside and outside applicants during the specified period. Some positions may be open to internal applicants only due to the prior job training required. At the end of the application period, the applications will be referred to the hiring department. The Department Director or Supervisor has the responsibility of reviewing the referred applications to determine if an applicant is qualified for the open position and meets the other job-related criteria necessary to perform the job. The Department Director or Supervisor is also responsible for scheduling interviews for those applicants selected for further consideration. Department Directors or Supervisors aro required to consider all referred applications, but aro not required to interview all referred applicants. Department Directors or Supervisors may contact the Human Resources Department for assistance in structuring interview questions, interview panels, scoring mechanisms and for any other assistance in the intendew process. ~'.o4. Hiring - Child Labor Provisions No persons under eighteen (18) years of age will be employed by the City in a regular, full-time position or in any position requiring the operation of a motorized vehicle or equipment owned by or operated on behalf of the City of College Station. C~ty of College $lanon Employee Handbook Revised June 2004 4 lemons sixteen 06) to eighteen 0.8) years of age may be temporarily employed in positions that are not considered hazardous occupations by The Fair Labor Standards Act (FLSA). There are no restrictions on the time of day pemons sixteen 06) to eighteen (zS) years of age may be employed. Department Directors or Supervisory personnel must notify the Human Resources Department prior to such hiring to ensure compliance with federal regulations. The Human Resources Department must also be contacted prior to the hire, or consideration of hire, of any persons under sixteen (z6) years of age. The hiring Department Director or Supervisory personnel must justify his/her need to hire persons less than sixteen (16) years of age. If hired, persons under sixteen (16) years of age must record in and out time while working (not just number of hours worked). Persons employed who are less than sixteen (16) years of age will be confined to the following period of employment in any qualified occupation. [] not more than 40 hours in any one-week when school is not in session [] not more than x8 hours in any one-week when school is in session [] not more than 8 hours in any one-day when school is not in session [] not more than 3 hours in any one-day when school is in session [] between ? a.m. and 7 p.m. in any one-day, except during the summer (June ~ through Labor Day) when the evening hour is 9 p.m. a.os. Skills Testing of Applicants Some City departments require prospective employees to take skills tests. A hiring department in cooperation with the Human Resources Department is responsible for establishing and maintaining the examination standards for various positions. The Human Resources office, at the request of the Department Director, administers skills testing. a. o6. Screening and Selection of Prospective Employees Department Directors and/or Supervisors are responsible for selecting new employees in accordance with established personnel procedures. The starting rate of pay being offered by the hiring department must be coordinated with and confirmed by the Human Resources Director prior to the posting of a job position. On new hires, the selecting Department Director or Supervisor is responsible for conducting reference checks and appropriate background investigations. The selecting Department Director or Supervisor may make a conditional offer of employment to the prospective employee contingent upon a drug screen, a driver license check, a criminal background check, and a physical examination (as required by certain positions). a.o?. New Hire Conditional Requirements Pre-Employment Drug Testing Prospective employees must receive a negative result on the pre-employment drug test before being made a formal offer of employment. The Human Resources Department is responsible for scheduling pre-employment drug testing with the testing site. If a pre-employment drug screen result is positive, the prospective employee must pro~ude, within 24 hours of request, verification of an authorized prescription drug. An authorized prescription drug is a prescription that is current and in the prospective employee's name. A prospective employee who fails to successfully pass a pre employment drug test will be ineligible for employment with the city for a period of one (1) year. C~ty of College Stataon Employee Handbook Revtsed June 2004 5 B. Pre-employment Driver's License Check The City conducts a driver's license check on all prospective employees. A prospective employee whose job position requires regular driving for business as a condition of employment must be able to meet the standards of the City's driving policy (Refer to Driving policy). C. Physical Standards and Requirements Prospective employees for certain job positions may be required to undergo medical tests, procedures or examinations to establish their fitness to perform the essential functions of the job for which they have applied. Medical examinations required by the City will be paid for by the City, and will be performed by a physician or licensed medical facility approved by the City. The opinion and recommendation of the examining medical official governs and determines the acceptability of any person for employment. The ~xamining medical official will complete and forward to the Human Resources Department documentation indicating a spedfic recommendation as to the suitability of the person for employment in the position. D. Criminal Background Check The City conducts criminal background cheeks on all prospective employees. A prospective employee will be rejeeted if the prospective employee's criminal history report reveals that the applicant has: Any felony convictions. 2. Any misdemeanor convictions involving violence, theft, drugs, or sexual misconduct. 3. Been arrested (but not convicted) for any crime that would make him/her unacceptable for employment by the City Of College Station. Exceptions may be considered in truly unusual cases where the conviction or arrest does not refleet upon the prospective employee's suitability for employment. In determining whether or not a case is exceptional the following shall be considered: The nature and seriousness of the offense; 2. The time that has passed since the conviction or arrest; 3. The number of convictions; 4. The relation between the offense end the job; 5. The applicant's employment history and efforts at rehabilitation. In the cases of exceptions, final approval to hire must be obtained from the Human Resources Director and Department Director prior to a prospective employee being offered a job. a.o8. Results - New Hire Conditional Requirements The Human Resources Department wall inform the Department Director or Supervisor of all conditional employment offer results. When a prospective employee is cleared for employment, the Department Director or Supervisor will make a formal offer to the prospective employee and establish a start date. City of College Station Employee Handbook Rewsed June 2004 6 A formal job offer will not be made to a prospective employee who fails to successfully complete all conditional testing requirements, if the new hire conditional requirements disclose any misrepresentation on the application form, or information is disclosed that indicates the prospective employee is not suited for employment with the City. In such cases, the Department Director or Supervisor may choose another applicant from the same applicant pool or may re-open the position for recruitment. 2.09. New Hire Processing The Human Resources Department is responsible for processing employment forms for newly hired employees. During processing, newly hired regular full-time and regular part-time employees will be given a brief explanation of employee benefits, and will complete the necessary forms for enrollment in the Texas Municipal Retirement System, the group insurance program and any employee payroll deductions. Newly hired regular full-time and regular part-time employees must provide to the Human Resources Department the full name of beneficiary, beneficiary's social security number, date of birth and address, names and birth dates of dependents. All newly hired employees must provide the name and telephone numbers of persons to contact in case of an emergency. All newty hired employees must also complete a direct-deposit form and attach a voided check or deposit slip from his/her checking or savings account. It is a City requirement that all employees receive their paychecks by direct deposit into their checking and/or savings account. o.10. Citizenship Verifieation for Employment Eligibility Federal Immigration Law requires the City to verify the employment eligibility of every newly hired employee. This verification must be made within seventy-two (72) hours of employment. The law applies to beth foreign nafionah and United States citizens. Newly hired employees must present to the Human Resources Department one document that establishes identity and employment eligibility, or a combination of documents that estabhshes identity and employment eligibility as prescribed by rules adopted by and on the Immigration and Naturalization Services Form I-9. The Human Resources Department will maintain records of employment verification. 2.xl. Employee Identification Cards All regular full and part-time employees will be issued an employee identification (ID) card by the Human Resources Department. Employees may be required to show their ID cards at City buildings. 2. Lost lD cards may be replaced at nocost. 3- A replacement ID card may be obtained at no cost to the holder for damage due to normal wear and tear, or in the event of a name change (i.e. marriage). The initial ID card must be returned to the Human Resources Department. 4. ID cards must be turned into the department upon termination of employment with the City of College Station. The department is responsible for returning the ID card to the Human Resources Department. City of College Statmn Employee Handbook Revised June 2004 7 2.12 Hew Hire Orientation Program All newly hired regular full-time, and regular part-time employees will be scheduled to attend "New Hire Orientation". New Hire Orientation is designed to integrate newly hired employees to the City organization and to further inform newly hired employees of the City's general policies and procedures, as well as to review the pay plan and benefits provided by the City. Human Resources will send notification of when Hew Hire Orientation is scheduled. The notification will include the date and time of the Orientation and a list of employees who are required to attend. If an employee misses a scheduled session, he or she is required to attend the next scheduled session. Hew employees are advised to meet with their Department Directors or Supervisors for specific information regarding departmental policy and procedures. 2.13. Personnel Flies The Human Resources Department is responsible for establishing and maintaining official personnel records for applicants, current employees, and former employees, which are directly related to employment with the City. At all times, the City makes an effort to balance an employ~'s right to privacy with the City's need to collect and use information. Employees are responsible for keeping their personnel records up to date and should promptly notify the Human Resources Department of changes in name, address, telephone number, marital status, number of dependents, beneficiary designations, driver's license number and status, and persons to holily in case of emergency. Employees may inspect their own personnel records and may copy, but not remove documents in the file. Inspections by employees must be requested in advance and will be scheduled at a mutually convenient time as deemed by the Human Resources Director and the employee. Only supervisory and management employees who have a legitimate employment-related reason may review another employee's personnel file. The Human Resources Director must approve the inspection. Any other reasons would follow Open Records procedures. All requests from agencies or individuals outside of the City for personnel information should be referred to the Human Resources Departments. In most cases, the written approval of the employee is required. Exceptions are limited to simple employment verifications and legal requirements. The information released by Human Resources will be limited to job title, department, salary, and dates of employment. Any other information would have to be deemed releasable under the Texas Open Records Act. City of College Statmn Employee Handbook Revised June 2004 8 SEt;lION 3: EMPLOYMENT 3.ol. Types of Positions Employees shall be designated as regular full-time, regular part-time, or temporary and/or seasonal. Regular Full-time - These are positions in which the work week schedule is forty (40) hours or more. After a designated waiting period, employees in these positions are eligible for benefits provided by the City. Regular Part-Time - These are positions in which the work week schedule is less than forty (40) hours. After a designated waiting period, employees in these positions are eligible for a percentage of the benefits provided by the City based upon the number of hours budgeted for the position. Regular part-time employees are eligible for lOO% of health insurance coverage. 3. Temporary and/or ~easonal - These positions (whether working part-time or foil-time hours) are for a limited duration. Employees in these positions are not eligible for or entitled to any benefits that the City provides to regular employees. Temporary and Seasonal employees are eligible for benefits payable under Worker's Compensation. 3.02. Introductory Period of Employment Regular full-time or part-time employees (except for police and fire) that are newly hired, transferred, promoted or demoted to a new job shall be required to successfully complete a six-month introductory period of employment. The introductory period of employment for Police employees is twelve 02) months following any designated training period. The introductory period of employment for Fire employees is twelve (12) months. During the introductory period, Supervisors shall carefully observe the performance of each employee in a new position. Where appropriate, weaknesses in performance, behavior or development should be promptly brought to the employee's attention for correction. Superv/sors must prepare a written evaluation of the employee's job performance prior to the end of the fu'et six (6) months of employment. The evaluation should include a recommendation whether the employee should or should not continue in the position. Copies of the evaluation must be forwarded to the Human Resources Director for inclusion in the employee's personnel file. Employees who do not receive a satisfactory evaluation and recommendation may be given additional time in 3o day increments to demonstrate their ability to do the job. This is at the discretion of the Department Director or Supervisor, if it is felt that additional time is warranted in order to achieve acceptable job performance. The extension should not exceed ninety (9o) days. Supervisors may recommend the termination ora newly hired, transferred, or promoted employee at any time during the introductory period of employment. Action to terminate must be reviewed by the Human Resources Director and Department Director prior to the termination. Newly hired employees who are terminated prior to completion of the introductory period of employment do not have a right to appeal the action. Additionally, newly hired employees who are terminated prior to the completion of six months of employment are not eligible for any vacation pay. At the discretion of departmental management, transferred or promoted employees who are unable to perform satisfactorily in their new jobs may be returned to their original job, if a vacancy exists; or reassigned to a classification equal to the classification held prior to the promotion, if a vacancy exists, demoted, or terminated. City of College Station Employee Handbook Revised June 2004 9 Employment with the City is considered "at-will' at all times, including after successful completion of the introductory period, and the employment relationship may be terminated at any time with or without cause by either party. 3.03. Hours of Work It is the policy of the City to establish the time and duration of working hours as required by the workload and production flow, customer service needs, the efficient management of employees, and any applicable law. The normal working hours for most City employees are from 8:oo A.M. to 5:oo P.M on Monday through Friday, with a one-hour lunch period. Each Department Director will determine the schedule of working hours for employees in his/her department. The Department Director and/or supervisor have the discretion to schedule employees to work weekends, extra shifts, or holidays when necessary. An employee who fails to report for work when scheduled may be subject to disciplinary action. 3.04. Flexible Work Schedules Procedures Departmental needs may require employees to work flex~ime, compressed workweeks, shift schedules, etc. The following procedures have been established to ensure that all departments are following applicable City policies, State and Federal laws, and regulations when implementing or using alternative approaches to the standardized work schedule and working hours. Department Directors should consult with the Human Resources Department prior to implementing any extended flexible work schedule. Additionally, flextime schedules should be reviewed with the Human Resources Director on an annual basis. A. Fiexfime While the City desires to work with and accommodate employees, it is a management decision to allow for getting the work done. Flextime schedules should be worked when there is a job-related reason or business necessity to do so. Where there is no job-related reason or business necessity for a flextime schedule, approval of such should be made by the Department Director in conjunction with the Human Resources Director. Additionally, the starting time and ending time of a flextime schedule should be established within the eenfral or "core" times of the City's business hours. Flextime schedules should not be permitted for behaviors that the City prohibits and discourages, such as tardiness, absenteeism or other situations that are solely for the employee's convenience. B. Compressed Workweek The compressed workweek schedule should also be established for job-related reasons and as a business necessity. Where there is no job-related reason or business necessity for a compressed weekday schedule, approval of such should be limited to emergency situations and only for a temporary period of time. Departments should implement work schedules as uniformly as poss~le within the department. C. ShiflWork In departments where shift work schedules are being used, management should ensure that all employees are being treated equitably in their shift assignments, and are being rotated fairly. Management should also have some non-discriminatory basis for assigning employees to preferred shifts, (for example, seniority, experience, etc). City of College $1al~on Employee Handbook Revised June 2004 I0 3.ii. Transfers (Departmental and Lateral) The purpose of this policy is to establish guidelines for transferring employees from one position to another position in the same pay grade in the same or different department. 1. Any employee who has successfully completed his/her introductory period of employment may apply for a transfer to a vacant position by submitting an application for the desired position to the Human Resources Depadment. An employee who has not completed the introductory period of employment must obtain the written approval of his/her Department Director before applying for a transfer. 2. If the employee meets the stated requirements fer the position he or she will be processed through the regular hiring procedures with all other applicants. Transfers are made only when the City's service will benefit. 3. The personnel file of the transfer applicant will be made available for review to the Department Director or Supervisor responsible for filling the open position. 4- If the employee is selected for the position, at least two (2) weeks notice should be given to the employee's present department, unless waived by the employee's current supervisor. 5. Transfers do not change a person's hire date. However, the date for performance evaluations will be revised to coincide with the department's performance evaluation schedule. A performance evaluation may be conducted by the current supervisor prior to transfer. This evaluation may be used for the purposes of pay increases, ii' applicable. 6. Transferred employees will be subject to the standard introductory period of employment assooated with the new position. 7. In instances where the City's best interest may be served, the City may initiate transfers. 3.12- Demotions It is the purpose of this policy to establish guidelines for demoting employees to a lower position in a lower pay grade. 1. Demotions may occur when the employee is not performing his/her job satisfactorily or when the City determines it is in the City's best interest. 2. Ho employee shall be demoted to a position for which he or she does not possess the minimum qualifications. 3. Any demotions to prevent layoffs may be revised when the employee's previous position is reopened. 4. Demotions do not change the employee's date of hire. However, the date for performance evaluations will be revised to coincide with the department's performance evaluation schedule. 5- Employees demoted to new positions will be subject to the standard introductory period of employment associated with the new position. City orCollege Station Employee Handbook Revised Sune 2004 3.x3. Secondary Employment A. Policy It is the policy of the City to allow its employees to engage in outside employment or to hold secondary employment within the City. B. Outside Employment The full-time position that an employee holds with the City shall take precedence over any outside employment, including self-employment and/or Honorariums. No time during City working hours shall be used to promote or carry on outside employment. A City employee who sustains an on-the-job injury or an occupational illness arising out of the scope of work performed during outside employment, including self-employment and Honorariums will not be covered by the City's worker's componsation program. C. Employment Within the City Secondary employment with the City must be part-time and in a different capacity from that which an employee is regularly employed by the City, and must be performed at the employee's option and on an occasional or sporadic basis. The hours that an employee accrues in performing secondary employment with the City shall normally be excluded by the City in the calculation of the hours for which the employee is entitled to overtime compensation. Any secondary employment with the City that involves performing similar duties on a t~,-,gular and continuing basis must be reviewed and authorized in advance of the employee actually performing work. Seeondary job opportunities within the City can be found on the City's list of vacant positions under Part-time/Seasonal jobs. Employees interested in applying for secondary employment must complete a City of College Station Employment Application. D. Authorization Prior to assuming any secondary employment, ~ncluding Honorariums, and on an annual basis, an employee must submit information regarding the secondary employment for approval by the employee's Department Director, who must determine if the requested employment violates any terms of this policy. This approval or disapproval shall be sent to the Human Resources Department to be placed in the employee's personnel file. E. Secondary Fanpioyment Prohibitions Certain types of secondary employment are prohibited for three basic reasons: Conflict of Interest. For the purposes of secondary employment, a conflict of interest is defined as, but not hmited to an employee working for an individual or entity that appears to, or gives the appearance of having the ability to create conflict between the employee's primary duties at the City and their secondary duties. 2. The secondary work activity is hazardous or presents a high potential for injury that would deny the department the employee's regular duties. Cfly of College Statson Employee Handbook Revised June 2004 14 3. The secondary work activity discredits City employment or tarnishes (or has the potential to) the City's reputation, or detracts from the employee's performance and proficiency, or takes preference over extra duty time or overtime required by the department. F. Secondary Employment Restrictions Employees claiming a disability under short term disability or worker's compensation benefits must not perform any work activity at a secondary job, including the employ~'s own business, during a period of disability that violates any physical restrictions that were placed upon the employee by a medical practitioner. Any violation of this policy on secondary employment shall be suffident grounds to ask the employee to discontinue the secondary employment or to resign from the City. 3.14. Employment Separation The purpose of this policy is to establish procedures when separation of employment occurs. A. Resignation An employee who is voluntarily terminating his/her employment with the City is requested to submit his/her written resignation at least ten (1o) working days prior to the effective date of the resignation. The resignation should include the reason for leaving. The Depo~t.~ent D~rector may accept the resignation immediately or any time during the notice period if the best interest of the employee and/or City may be served. B. Layoff At the direction of the City Manager, layoff of employees may occur if it becomes necessary for the City to reduce the size of the work force because of adverse economic or other conditions. If layoffs are required, the order of the layoffwill be determined by the current operating needs of the City with consideration given to both an employee's length of service and demonstrated job performance. Whenever possible, employees to be laid off will be given ten (lo) working days of notice. The Human Resources Depmtment will coordinate all layoff actions with the effected department. When layoffs are required, every effort will be made to transfer employees who are to be laid off to other vacant positions for which they are qualified and which are not affected by the layoff action. The names of laid-off employees who are not transferred to other vacant positions will be placed on a recall/reinstatement list for a period of one (1) year. The recall/reinstatement list does not, however, guarantee that an employee will be recalled or reinstated. Employees who are laid off are encouraged to periodically contact the Human Resources Department with regard to recall/reinstatement opportunities. Laid-off employees who transfer to vacant positions in other depad.,ents will be expected to follow the guidelines and procedures established for Employee Transfers. The Human Resources Director and the Department Director will determine pay based on the established guidelines of the pay plan. City of College Station Employee Handbook Revised June 2004 15 C. Dismissal When an employee is dismissed from employment with the City he or she will be given a letter stating the mason(s) for the dismissal and be notified of his/her rights to appeal the termination. (Refer to Appeal Process) It will be the responsibility of the terminating department to ensure that all City property (i.e. keys, tools, equipment, etc.) has been turned in prior to submitting the Exit Checklist to the Human Resources Department. Employees leaving City employment are asked to complete an exit interview questionnaire and if requested, a personal exit interview with the Human Re.sources Department. Employees may also request a personal interview with the Director of Human Resources by calling the Human Resources Office to schedule an appointment. D. Re-Employment The City does not deem whether or not a former employee is eligible for rehire. However, a former City employee may be considered for re employment if the former employee lef~ the City in good standing. "Good standing" for this purpose means the job performance of the individual was satisfactory during the employment period and that the attendance record, safety record, resignation notice, and other job-related factors were satisfactory upon the employee's prior resignation. A former employee personnel record will be reactivated once re-employment occurs. All previous employees must complete a new introductory period of employment. Previous years do not count toward leave accruals, or any other employee longevity benefits. A former employee's prior service as a full-time or regular part-time employee will count toward earning service awards. Additionally, a former employee may receive prior service credit with Texas Municipal Retirement System (TMRS). C~ty of College Station Employee Handbook Revised June 2004 16 SECTION 4: COMPENSATION Note: The strategies and goals set forth in this plan are subject to budgetary limitations. Nothing contained herein is to be construed as an employment contract. 4.ol. Pay Plan Policy The purpose of the classification and compensation system is to ensure the recruitment, motivation, career development and retention of pwfessional, excellent employees. The City of College Station velues its most important asset, the employees, who provide efficient, effective, responsive and creative public services that result in the highest quality of cnstomer focused services to its citizens. The classification and compensation system supports the employees of the City by he]ping them to be responsive to their customers while being fiscally responsible, which assists in preserving and advancing the quality of life resulting in exceptional civic pride. To provide for a simplified classification system that defines the general scope and complexity of the work required. GOAL I: GOAL 2: To establish a classification structure that reflects wles and responsibihties. The classification plan will meet the current needs of operating departments while providing managers with maximum flexibility to manage and organize the work in a changing environment. GOAL 3: The classification system will be responsive to organizahonal and enviwnmental change through the creation of new classes and redefimtlon of job responsibilities as defined by the City and its departments. The Reclassification Process will be administered by the Human Resources Department in an effident, cost effective, responsive, fair and eqmtable manner to meet the needs of both the City and its employees. STRA'r~.OY 2 To provide a compensation system that will reflect economic conditions of the various occupational labor markets in which the City must compete. The system will incorporate a skill-based, competency based, and/or performance-based tool depending on the appropriateness for the occupational grouping. GOAL l: Compensation levels will reflect the multiple labor markets covering City classes. Pay grade midpoint (job rate) will approximate the 6ot~ percentile of actual salaries paid to positions in the relevant labor market(s) as reported in salary survey results. Pay range minimums and maximums will be established from survey results. On average, the goal wall be to pay employees at the 6o~ percentile for performance that meets standards. City of College Station Employee Handbook Revised June 2004 17 GOAL 3' Classifications which are not used in development of the salary structure (e.g., speciahzed jobs vothout peers in the marketplace), will be placed in the salary stmclure based upon their internal relationship with benchmark classes within the occupational group as determined through a standardized job evaluation process. Salary advancement up to the job rate will be based on performance that meets standards and achievement of additional skills/competency sets for the job class as appropriate. GOAL 5: Employees will be informed regarding their compensation and benefits. GOAL 6: The compensation system will be responsive to organizational and market changes by consistent, cost effective, fair, end equitable review of the pay structure end placement ofm&viduals within that structure. STRATEGY 3 Departments will encourage an atmosphere of creativity, innovation, continuous improvement, and operational efficiency improvements. G~in~haring will be continued to reward financial savings. When these savings are identified, a portion of the savings will be passed on to employees on a one-time payment after the close of the fiscal year. The balance of the savings will be used to fund necessary city business. STRATEGY 4 To provide a performance appraisal system (PAS) that will be used to review performance, communicate performance expectations, and support the employee in helping the organization to achieve a superior level of performance. GOALI: The performance appraisal system will be used constructively to promote achievement of organizational goals. The performance appraisal system will provide constructive feedback to encourage the development of skills, enhance individual performance, and assist in professional and personal development. 4.02. Pay A. Pay Range Structure (Minimum, Midpoint, and Maximum) Each position has a pay range structure of a minimum, midpoint, and maximum pay rate. The minimum pay rate is the entry pay rate, or lowest pay rate for that job. The midpoint pay rate is the point midway between the minimum and maximum pay rates and is the sixtieth (6oth) percentile of the market for that job. The sixtieth (6oth) percentile is the data point in the salary survey data that is at 60% of the other data points (example: the sixth highest point in a series often). The midpoint is determined to be the pay rate on average at which the City of College Station pays. This pay rate is used to determine the point in the salary range that is considered to be the target level for performance that meets standards. An employee may or may not reach the midpoint over time. The maximum pay rate is the top pay rate, or highest pay rate for that job. Czly of College Statzon Employee Handbook Revised June 2004 18 B. Job Classification Definitions 1gon-exg,,~pt - clerical: Positions paid on an hourly basis in accordance with the Fair Labor Standards Act (FLSA) and primarily perform clerical duties. lVon-exempt, non-clerical: Positions paid on an hourly basis in accordance with the Fair Labor Standards Act (FLSA) and do not primarily perform clerical duties. Exempt: Positions paid on a salary basis in accordance with the Fair Labor Standards Act (FLSA) and pnmarily perform bonafide executive, administrative, or professional duties. C. Pay for New Employees Non-exempt - clerical: An employee may be hired from the minimum pay rate up to ten percent (lO%) above the minimum pay rate for that job, depending on qualifications, education, and experience. A Department Director has to receive City Manager and Human Resources approval to pay more than ten percent (lo%) above the minimum pay rate for that job. Non-exempt - non-clerical: An employee may be hired at the rate of pay that reflects the requirements of the skill level he/she brings to the job. Each department has outlined particular skills for these positions that would benefit the department and City as a whole. Each skill level has a particular pay rate associated with it. If the new employee does not possess any of the skills, he/she will be hired at the minimum pay rate for that job. Exempt: An employee may be hired from the minimum pay rate up to the midpoint pay rate for that job, depending on qualifications, education, and experience. A Director has to receive City Manager and Human Resources approval to pay more than the midpoint pay rate for that job. D. Pay Increases Non-exempt - clerical: An employee is eligible to receive pay increases through a pay for performance pay system. An employee ~s eligible for performance pay each January 1't following six (6) months of employment. He/she may receive a zero percent (o%) to six percent (6%) pay increase, based on his/her performance, if he/she is currently earning below the midpoint pay rate for that job, not to exceed three percent (3%) above the midpoint pay rate for that job. He/she may receive a zero percent (0%) to three percent (3%) pay increase, based on superior pedormance, ff he/she is currently earning above the midpoint pay rate for that job, not to exceed the maximum pay rate fur that job. Non-exempt ~ non-clerical: An employee is eligible to receive pay increases through a skill-based pay system. An employee is eligible for a pay increase aider six (6) months of employment, unless otherwise spedfied by the Department, if they have met the required skills for advancement to the next skill level and have a successful performance evaluation. An employee may receive up to two (2) pay increases per fmc,al year if he/she has met the required skills for advancement to the next skill level and has a successful performance evaluation within the last twelve 02) months. Once an employee has met the requirements for all skill levels, he/she is eligible for pedormance pay each January 14. He/she may receive a zero percent (o%) to six percent (6%) pay increase, based on his/her performance, d he/she is currently earnxng below the midpoint pay rate for that job, not to exceed three percent (3%) above the midpoint pay rate for that job. He/she may receive a zero percent (o%) to three percent (3%) pay increase, based on superior performance, if he/she ~s currently earning above the midpoint pay rate for that job, not to exceed the maximum pay rate for that job. C~ty of College Station Employee Handbook Revised June 2004 19 Exempt: An employee is eligible to receive pay increases through a competency-based pay system. An employee is eligible for competency pay each January l~ following six (6) months of employment. He/she may receive a zero percent (o%) to six percent (6%) pay increase, based on his/her performance, if he/she is currently earning below the midpoint pay rate for that job, not to exceed three percent (3%) above the midpoint pay rate for that job. He/she may receive a zero percent (0%) to three percent (3%) pay increase, based on superior pedormanee, if he/she is currently earning above the midpoint pay rate for that job, not to exceed the maximum pay rate for that job. E. Promotions Non-e~empt - clerical: When an employee is promoted to another position, he/she will be paid the new minimum pay rate for that job or will receive a five percent (5%) pay increase, whichever is greater, not to exceed the midpoint pay rate for that job. Non-exempt - non-eledcal: When an employee is promoted to another position, he/she will be paid the rate of pay that reflects the requirements of the skill level he/she brings to the job or will receive a five percent (5%) pay increase, whichever is greater. Exempt: When an employee is promoted to another position, the Director may pair the employee from the minimum pay rate up to the midpoint pay rate for that job, depending on his/her qualifications, education, and experience. F. Demotions Non-exempt - clerical: When an employee is demoted to another position, he/she will be paid from the new minimum pay rate up to the midpoint pay rate for that job, not to exceed his/her current pay rate. Placement in the new pay range may be based on the relation where the employee was being paid in the higher pay range. Non-exempt - non-elerieal: When an employee is demoted to another position, he/she will be paid the rate of pay that reflects the requirements of the skill level he/she brings to the job. If he/she does not meet any of the skill level requirements, he/she will be paid at the minimum pay rate for t.hat job. Eotempt: When an employee is demoted to another position, he/she will be paid from the new minimum pay rate up to the midpoint pay rate for that job, not to exceed his/her current pay rate. Placement in the new pay range may be based on the relation where the employee was being paid in the higher pay range. All demotions must be done in conjunction with the Department Director and Human Resources. O. Position Transfers Non-exempt - clerical: When an employee is transferred to a different position, he/she will keep his/her current pay rate. Non-exempt - non-clerical: When an employee is transferred to a different position, he/she will keep his/her current pay rate or will be paid the rate of pay that reflects the requirements of the skill level he/she brings to the job, whichever is greater. Exempt: When an employee is transferred to a different position, he/she will keep his/her current pay rate. City of College Station Employee Handbook Revtsed June 2004 20 H. Reclassifications Non-exempt - clerical: When an employee's position is reclassified to a higher pay grade due to substantial change in job responsibility, he/she will be paid the new minimum pay rate for that job or will receive a five percent (5%) pay increase, whichever is greater. When an employee's position is reclassified to a lower pay grade due to substantial change in job responsibility, he/she will be paid the new minimum pay rate for that job or keep his/ber current pay, whichever is greater. Non-exempt - non-derical: When an employee's position is reclassified to a higher pay grade due to substantial change in job responsibility, he/she will be paid the rate of pay that reflects the requirements of the skill level he/she brings to the job or will receive a five percent (5%) pay increase, whichever is greater. When an employee's position is reclassified to a lower pay grade due to substantial change in job responsibility, he/she will be paid the rate of pay that reflects the requirements of the skill level he/she brings to the job or keep his/her current pay, whichever is greater. Exempt: When an employee's position is reclassified to a higher pay grade due to substantial change in job responsibility, he/she will be paid the new minimum pay rate for that job or will receive a five percent (5%) pay increase, whichever is greater. When an employee's position is reclassified to a lower pay grade due to substantial change in job responsibility, he/she will be paid the new minimum pay rate for that job or keep his/her current pay, whichever is greater. I. Acting Pay An employee may be charged with the duties and responsibilities of a higher classified position due to that employee's absence from the higher classified position. If an employee assumes these duties and responsibilities for more than thirty (30) days, a five percent (5%) pay increase will be given. A Department Director has to receive City Manager and Human Resource approval to pay more than five percent (5%). The acting pay increase will be effective starting the first day of assuming the duties and responsibilities of the higher classified position and the acting pay increase will end once the duties and responsibilities are no longer being performed. If an employee assumes these duties and responsibilities for less than thirty (30) days, no pay increase will be given. J. Disciplinary Probations An employee on disciplinary probation will not receive a pay increase. Once he/she is no longer on disciplinary probation and has a successful performance evaluation as defined by the Department, he/she may receive a pay increase under the established pay plan guidelines. K. Salary and Market Surveys Overview. The Human Resources Department will conduct, at a minimum, a yearly salary and market survey to determine the C ~ty of College Station's competitiveness to the applicable market's 60~h percentile. Other cities with comparable characteristics to that of College Station are determined to be the "apphcable market" and are used as comparisons m the survey. Other applicable dala from other employers, entities, or organizations may be utilized as well. The overall findings of the survey are presented to the City Council for discussion and possible action. If the City of College Station's pay range structures are determined to be behind or ahead of the market, recommendations may be made to the City Council to increase the current pay range structures, decrease the current pay range structures, or keep the current pay range structures, keeping in mind any budgetary constraints. City of College Station Employee Handbook Revised June 2004 21 Market Pay Adjustments: Depending where each individual employee is being paid in their pay range structure, he/she may or may not receive a pay adjustment to their current pay rate. In the event of a market pay adjustment, the effective date of such change will be approved by the City Council. I.,. Gainsharin~ Overview. The Gainsharing Program rewards employees for cost saving measures. Gainsharing ~s a concept used in the private sector to provide employees with a portion of the profits of the organization. This same concept is used to try and reward College Station employees for finding ways to save money for the City lhrough unproved operations and innovations. Funds used as gainsharing come from savings from the current budget. During the fiscal year, departments are encouraged to implement programs that promote savings in the budget so funds could be available for the Gainsharing Program. Depa,h~ents are also encouraged to do things that result in small savings in day to day activities. Emplo)ve EligibthO, Criteria: The following cnteria is used to determine whether or not an employee is eligible to participate in the Gaiushanng Program: 1. Employee must be regular full-time or regular part-time. 2. Employee must be employed prior to April 1* of the fiscal year. 3. Employee must be employed on the day the gainsharing check is distn'buted. Gatnsharing Distribution: One-third (1/3) of the total identified net savings ~s distributed to eligible employee~ in the form of a one-time gainsharing check. This check is typically given in December following the previous fiscal year. Federal to.xes and mandatory retirement deductions are deducted from the gaiusharing check The remaining two-thirds (2/3) is identified as additional resources for future programs. All chgible employees in all departments share equally m the gainsharing distribution. Savings at the end of a fiscal year may or may not be realized. If savings are realized, the amounts may vary from fiscal year to fiscal year. A gainsharing check is not guaranteed to be distributed each year. All gainsharing check distributions must be approved by the City Council. Note: The strategies and goals net forth in this plan are subject to budgetary limitations. Nothing contained herein is to be construed as an employment contract. 4.03. Time Sheets Employees are required to furnish a record of their work time for each day of the pay period. Each employee is responsible for the accuracy of his/her time sheet before signing and submitting it to his/her immediate supervisor. Time sheets are due in the Payroll office at a designated time during the week prior to payday. 4.o4. Pay Day The City divides the year into twenty-six (26) bi-weekly pay periods. Employees are paid every other Friday for work performed during the preceding two-week pay period. C,ty of College Station Employee Handbook Revised June 2004 22 4.05. Pay Checks Each paycheck includes payment for all hours worked during the pay period or hours covered by some form of paid leave. Employees receive their paychecl~ through direct deposit into their checking and/or savings accounts. Paycheck stubs are distributed to employees in their respective departments. Employees should check their paycheck stubs to assure the hours, pay rate, and deductions are correct. If an employee perceives that something is not correct on his/her paycheck stub, the employee should immediately contact their imm .ediate Supervisor and the Payroll Office. 4.o6. Payroll Deductions The following deductions are required by law or the City from each paycheck: 1. Federal income tax with_holding; 2. Social Security/Medicare; 3. Texas Municipal Retirement System (eligible employees only); 4. Deductions directed by law, such as child support, IRS tax levy; 5. Payment of health insurance premlums (if applicable); and 6. Payment of life insurance or supplemental life insurance (if applicable). Additions] deductions, which are optional and may be requested by an employee: I. Credit Union; :~. Gym membership; 3. United Way contributions; 4. Flex Plan deductions; 5. Deferred Compensation plans; 6. Savings Bond Purchases; 7. Optional Benefit Plans; and 8. Work-related purchases (i.e. safety footwear, coveralls, etc.). Employees wishing to add or change payroll deductions should contact the Human Resources Department. It is the employee's responsibdity to maintain current payroll deduction information with the Human Resources Depa~ Iment and/or the Payroll office. 4.07. Overtime Pay/Compensatory Time Off The normal work week for full-time, regular, employees with the exception of firefighters is the seven day period beginning at 12:ol a.m. on Monday and continuing through 12:0o midnight the following Sunday. City of College Slal~on Employee Handbook Revised Sane 2004 23 Under the FLSA 2o7(k) exemption, firefighters have an established work period. Specific details relating to the work period and work schedule are available in the Fire Department. Department Directors may schedule overtime when necessary to meet essential operating requirements. Efforts will be made to distribute the overtime as evenly as possible among qualified employees. Once an employee is scheduled to work overtime, he/she is expected to show up and perform the work. Any employee who fails to show up and work scheduled overtime may be subject to disciplinary action. Employees are not permitted to work overtime, or accrue compensatory time off, without prior authorization and approval by their immediate Supervisor or Department Director. A. Non-Exempt Employees Employees in non-exempt positions with actual work hours that exceed forty (40) in the designated work week are eligible to receive overtime pay or compensatory time off'. City employees may also be eligible for overtime pay for hours worked during a regulaxly scheduled holiday and for hours worked on an emergency callback basis. In conformance with the Fair Labor Standards Act, employees will be compensated for overtime pay or compensatory time off at a rate of one and one-half (1-1/2) times their regular rate of pay for the hours worked in excess of forty (40) in a work week. Firdighters are eligible for overtime pay or compensatory time off in accordance with the FLSA 2o7(k) exemption. The accrual of compensatory time off for non-exempt employees is limited to sixty (60) hours, unless otheneise specified by the Department. After accruing sixty (60) hours of compensatory time off, an employee will receive overtime pay for excess hours in the designated work week. For the purpose of computing overtime and compensatory time for non-exempt employees, holiday, sick, or vacation time used during the pay period may be included. Upon termination, non-exempt employees will be paid for ali accrued overtime and/or compensatory time. B. Exempt Employees Employees who are exempt from the Fair Labor Standards Act overtime provisions will not receive overtime pay. With prior authorization and approval, exempt employees are eligible to accrue compensatory time on an hour-for-hour basis for work performed above the normal requirements of the job. Accrual of compensatory time for exempt employees is unlimited. Upon termination, exempt employees will not be paid for accrued compensatory time. C. Overtime - Secondary Employment If an employee, at his/her own option, works a second job with the City in a different capacity from his/her regular employment and on an occasional and sporadic basis, the hours worked in the two jobs shall not be combined for the purpose of determining overtime. "Different capacity" means that the work must not fall in the same occupational category as the employee's regular position. 4.08. Shift Differential Pay Police Officers, Communication Operators and Public Safety Officers working the evening and night shifts, as established by the department, will be eligible for shift differential pay. The pay differential will be paid per hour for the time assigned during the applicable shift. Czty of College Statzon Employee Handbook Rewsed June 2004 24 4.09. Pay - Daylight Savings Time City employees will be paid for hours actually worked during a shift that includes the change to or from Daylight Savings Time. This may place the employee in an overtime situation for one (1) hour or may result in one (1) hour less than a usual shift. At the discretion of the Department Director, employees may be allowed to leave work one hour early or work one extra hour. Also, at the discretion of the Department Director, employees may uso one 0) hour of accrued vacation or comp time to ensure he/she receives a full shift of pay. 4.1o. On Call Although all City employees are subject to being called back to duty after normal working hours, some Department Directors may establish on-call schedules to ensure the continuous delivery of essential services alter regularly scheduled working hours. On-call is defined as a period of time that City employees are formally scheduled to remain available to be called back to work on short notice if the need arises. A non-exempt City employee who is formally designated to be in an on-call status will be paid an additional $~5.oo per day. Additionally, all working time after being called into service will be compensated as hours worked. The overtime rate of one and one-half 0-~/2) times the regular rate will apply if the hours actually worked during the work week and while on call exceed forty (4o) hours. Exempt employees do not receive on-call compensation. Employees who are scheduled for on-call duty are expected to respond to a reasonable assignment. Failure to respond to a reasonable on-call assignment may subject an employee to disciplinary action. Non-exempt employees (whether in an on-call status or not) who are called back to work after leaving the work premises before midnight will receive a minimum of one (1) hour of pay for the first call. Any sequential calls received while completing the first call will be included in the initial one hour minimum pay. A non-exempt employee will receive an additional minimum of one (l) hour of pay for each subsequent call received during the same twenty-four (24) hour period once be/she returns home after completing a call. Non-exempt employees who are the first to respond to emergency duty between the hours of midnight and 6:00 AM will receive a minimum of two (2) hours of overtime pay at one and one-half (x-~/2) times their regular rate of pay without regard to whether forty (40) hours per week have been worked. The minimum of two hours of overtime pay will only be paid one time per night. Scheduled overtime during these hours is not affected by this policy. Any additional actual hours worked in excess of the two (2) hours will be paid as regular working time rounded to the nearest one-half 0/2) hour, and subject to the overtime rate after forty (40) hours in a work week. 4.1x. Educational Incentive Pay for Fire and Police It is the policy of the City of College Station to be competitive and provide incentives to the Fire and Police Department that will encourage the development and retention of a professional Fire and Police Department by raising the standards of promotional qualifications. A. Eli bmty All regular full-time Police Officers and Firefighters are eligible to receive certification and incentive pay above the required basic certification. Csty of College St'at,on Employee Handbook Revised June 2004 25 B. Procedures Educational incentive pay for eligible employees' completion of a pre-approved course or degree from an accredited college, university, or technical school (internet offered courses will be reviewed and pre-approved on a case by case basis) is as follows: Police (TC~.~.OSE) Associate's Degree Bachelor's Degree Master's Degree Intermediate Certificate in Law Enforcement Advanced Certificate in Law Enforcement Master Peace Officer Certificate in Law Enforcement $25/mo. $5o/mo. $75/mo. $75/mo. $~oo/mo. Sxso/mo. Eligible Police Officers may receive pay for both a degree and a certificate. Fire (Commission on Fire Protection) Associate's Degree Bachelor*s Degree Master's Degree Intermediate Certificate in Fire Protection Advanced Certificate in Fire Protection Master Certificate in Fire Protection $5o/mo $75/mo. $?s/mo. $1oo/mo. $~5o/mo Eligible Firefighters may receive pay for both a degree and a certificate. C. Application Process Eligible Police Officers and Firefighters are required to submit an application to the Police Chief or Fire Chief accompanied with a certified transcript and/or copy of the certificate issued by TCLEOSE, the Commission on Fire Protection, or the Texas Department of Health. 4.12. Public Safety Assignment Pay A. Purpose The City of College Station has identified a need for Public Safety employees to become proficient in certain fields of expertise. To encourage and reward employees for these additional duties, and for acquiring these skills, special assignment pay will be given. B. Eligibility All regular full-time Police Officers and Firefighters may be eligible to receive assignment pay. The Department Director will determine the number of positions needed for each assignment and the criteria for ehgibility. The number will be limited and may be changed by the department. Employees may receive more than one assignment pay. Ctty of College Station Employee Handbook Revised June 2004 26 C. General Provisions Individuals who qualify to receive assignment pay, as determined by the department, will receive the following amounts: police Accident Reconstructionist Hostage Negotiator Field Training Officer (FFO) Patrol Field Training Officer (FFO) Communications Forensic Technician Training Specialist (SRO and FTO Coordinator) Crime Scene Technicmn Special Weapons and Tactics (SWAT) Explosive Technician Drug Recognition Expert (DP, E) Public Information Officer (PLO) Canine Handler Criminal Investigation $5o/mo. $35/mo. $x5/day $12/day $1oo/mo. $1oo/mo. $50[mo. $5o/mo. $75/mo. $5o/mo. $75/mo. $75/mo. $1oO/mo. Texas Department of Health's Paramedic Certification $200~m0. Fire and Arson Investigator $5o/mo. Aircraft Rescue and Fireflghting $5o/mo. Hazardous Material Technician $5o/mo. Application for assignment pay must be made to the Police Chief or Fire Chief with the required documentation as outlined in the depachaental policy. Periodic reviews by the department will be conducted to determine if the employee still qualifies for assignment pay. Assignment pay will not be given to employees who are no longer qualified. Assignment pay will become part of the base wage when calculating overtime. 4.13. l~,nguage Skills Pay A. Purpose The City of College Station recognizes that in servfng a diverse population, the use of a second language may be of benefit in providing quality service. Therefore, the City has developed a program to compensate employees who are proficient in the use ora second language. B. Eligibility All full-time regular and part-time regular employees in all departments of the City are digible for language skills pay. Departments may regulate the number of employees by position or quantity, depending on its particular needs. C. Responsibilities It is the responsibility of the employee to request testing opportunities through his/her departmental management. The Human Resources Department in consultation with the employee's Director will decide if that person should proceed through the process. If so, the Human Resources Department will arrange for testing through a qualified testing service. City of College Statson Employee Handbook Revised June 2004 27 By receiving language skills compensation, the employee agrees to serve the organization by utilizing the language when needed either in their own position or when requested by other departments. The employee would be designated as a "City Translator" and will have their name available to be called on to use their skills for the benefit of the public and organization as a whole. Because the designation of 'City Translator" carries with it the expectation of being called away from their regularly assigned duties of the department, the department may regulate the number of designated employees by position or quantity. The department will pay for the language skills test(s) for a qualified employee a maximum of two (2) times. An employee is eligible to retest after six (6) months have passed from the original test date. D. General Provisions Employees who pass the established proficiency test(s) may be compensated for oral and/or written language skills. Oral Language Skills: Written Language Skills: Oral and Written Language Skills: $25]mo. $35]mo. $6o/mo. 4.~4. Sign Language Skills Employees who are proficient in sign language may be compensated thirty-five ($35) dollars per month for the skill. C~ty of College Stat:on Employee Handbook Rewsed lune 2004 28 SECTION 5: EMPLOYEE BENEFITS AND SERVICES The City of College Station provides a variety of benefits, services and programs that are designed to meet the employees' basic financial security needs; and provide for employees' general health and welfare. Some pwgrams are provided according to law; others are provided at the option of the City. Eligibility in these programs may depend upon the type of position occupied and as indicated in individual program descriptions. The City reserves the fight to modify, amend, or terminate its employee benefits and services as they apply to all current, former, and retired employees. 5.Ol. Communication of Benefits The Human Resources Department is responsible for informing new employees of available benefits through the employee orientation program. The Human Resources Department also provides added benefits information to employees in various plan description summaries, through organizational publications, and employee education meetings. 5.02. Sick Leave Employees in regular, full-thne positions earn a maximum of ninety-six (96) hours of sick leave each year. Fire Department employees assigned to shift earn a maximum of six (6) shifa 044) hours of sick leave each year. Employees who work a regular schedule of twenty (2o) to thirty (3o) hours per week earn a prorated amount of sick leave each year. Sick leave is accrued after each pay period up to the yearly maximum. The accumulation of sick leave is unlimited. An employee who has at least 96 hours or (~44/Fire) of accrued sick leave at a designated point during the year will have one (~) workday converted from sick leave to a personal day (Refer to Sick/Personal Day procedure). The phrase "workday" for purposes of the sick leave policy includes the number of hours an employee is normally scheduled to work. Employees are eligible to take sick leave upon accrual with supervisory approval. Sick leave may be taken for the following reasons: An employee's own sickness or injury that occurred away from work, and is not covered by the Workers' Compensation Act. Absences with durations of three (3) or more days may be subject to the provisions of the Family Medical Leave Act of 1993 (FMLA); 2. For physician/health care provider appointments; or The illness, injury, or physician/health care provider appointment of a family member when the employee is needed to ~eare for' the family member. Approval to use sick leave shall not be granted when such use is primarily to babysit a child who is not ill, injured, or does not have a physician/health care provider appointment. A "Family Member" for purposes of the sick leave po]icy includes a spouse, parents on beth sides, and children (including adopted children and step-children). Employees may be required to provide reasonable documentation of family relationship and written certification of the illness from a health care provider. Upon approval from the Department Director, sick leave may also be taken because of the death of an employee's family member. Up to three (3) days of sick leave may be authorized for in-state funerals and up to five (5) days for out-of-state funerals. Ctty of College Station Employee Handbook Revised June 2004 29 A 'Family Member" for the purposes of funeral leave ~ncludes a spouse, parents on beth sides, children (including adopted children and step-children), grandchildren, brothers, sisters, nephews, nieces, uncles, aunts, grandmothers, and grandfathers. If an employee requesting sick leave does not properly notify his/her supervisor, he or she may be considered absent with unpaid leave and the employee may be subject to disciplinary action. Evidence of sick leave abuse may constitute grounds for disciplinary action up to termination. Employees using sick leave must contact their supervisor each scheduled day that they are away from work, unless other arrangements have been made with the Supervisor. At the discretion of each depai h.ent, employees may also be required to provide specific notification, such as a physician statement for each absence from work. If a holiday occurs during an employee's leave, the day will be recorded as holiday pay, rather than sick leave. Employees will not be paid for any unused sick leave upon termination of employment with the City of College Station. Covered employees on FMLA leave must exhaust all accrued sick leave before going on an unpaid status. A. Sick/Personal Day Procedures A report will be generated after the last payroll in December of each year to determine which employees have la months of accrued sick leave. Employees with 96 hours (144 For Fire) will have one workday converted from s~ck leave to a personal day. Amounts will be pre-rated for regular part-time employees. The phrase "workday" for the p~ of the sick/personal day procedure is the number of hours an employee regularly works each day. The conversion of hours will take place at the end of December and eligible employees may use the day during the following year. The sick/personal day must be used within the year of eligibility and will not be carried over to subsequent years. Employees must obtain the approval of their Supervisor before taking the s~ck/personal day. Pay may not be taken in lieu of the day. Employees will not be paid for the sick/personal day upon termination of employment with the City of College Station. 5.03. Catastrophic Sick Leave: It is the policy of the City of College Station to permit employees to donate sick leave to be used by qualifying regular full-time and regular par~-time employees. The leave is to assist employees and their families when a catastrophic event forces the employee to exhaust all leave time, lose compensation from the City, and the situation presents a hardship to the employee and the employce's family. A regular full-time or a regular part-time employee may use a maximum of twenty-five (25) days or two-hundred (2oo) hours of donated sick leave in a fiscal year. This policy is in no way a right or privilege of employment. Cfly of College Station Employee Handbook Rewsed June 2004 30 Catastrophic illness or injury is defined as a major or chronic condition or combination of conditions, possibly life threatening, affecting the mental or physical health of an employee or a member of the employee's family which requires the services of a licensed practitioner, involves the need for an extended absence by the employee or hospital confinement of the employee or the employee's family member. Inclusions: Catastrophic illness or injury includes but is not limited to cancer, AIDS, major surgery, a serious accident, heart attacks. Exclusions: Catastrophic illness or injury typically excludes normal pregnancy delivery, common illnesses or injuries covered by other benefit programs including, but not limited to injury leave, workers' compensation, disability retirement and long term disability. A. Eligibility Requirements: Participation in this program is open to all regular full-time and regular part-time employees who: Experience a catastrophic event; or 2. Has a femily member who has experienced a catastrophic event. The phrase "family member' for purposes of the catastrophic sick leave policy includes parents on both sides, a spouse or children (including adopted children and step-children). Employees may be required to provide reasonable documentation of family relationship; and 3. Have exhausted all available paid leave benefits. B. Application Process: Employees requesting catastrophic sick leave donations must submit a "Leave Request Form' to the Department Director. The form must be reviewed and signed by the Department Director prior to being submitted to the Human Resources Department. The signed form will be reviewed by the Human Resources Department to ensure that it meets the requirements for participation in the program. The employee and Director will be notified of the employee's eligibility to receive catastrophic sick leave. C. Application Review Process: The completed form will be reviewed by the Human Resources Depa~h.ent to ensure that it meets the requirements fur participation in the program. D. Request for Further Review: If the Human Resources Office determines the employee does not meet the eligibility requirements for catastrophic sick leave, the employee and the Department Director will be notified in writing. An employee may request a second review of his/her application by providing the Human Resources Department with additional information and/or medical documentation to support the application. City of College Stahon Employee Handbook Revised June 2004 31 E. Program Solicitations: Sick Leave can be donated during the designated solicitation period. The Human Resources Depa~ tment will send notification to the applicable department that a situation for catastrophic leave has been established and donations are needed. Employees donating sick leave are required to complete and return a Catastrophic Sick Leave Pool Donation Form to the Human Resources Department. F. Program Contributions: All contributions are strictly voluntary and dedicated to the specific employee requesting the leave. 2. Contributions must be made from accrued sick leave. Donations must be in increments of not less than eight (8) hours and not more than twenty four (24) hours. 3. Donors must not donate more that 1/3 of his/her accrued sick leave. 4. Contributions will not be accepted when the need has been fulfilled. 5. Employees leaving C~ty employment may elect to donate their accrued sick leave to a specific employee in need of catastrophic sick leave. O. Program Administration: The Human Resources Department is directly responsible for administering the program. Payroll is responsible for monitoring of all leave donations received and donations granted to the recipient; deducting donated sick leave from the employee sick leave balance and maintaining records of program participation. 5.04. City Ambulance Service It is the policy of the City of College Station to provide cnst-free City ambulance service to City employees and retirees of the City who reside in, or while in, the City of College Station's ambulance service area. 5.05. Vacation The estabhshed vacation year is the calendar year, January I through December 31 each year. Vacations are accrued on the employee's length of service and on the time actually worked. Employees are encouraged to take their full vacation leave in the year in which it ~s accrued. The maximum accrual of unused vacation is three (3) years. Employees should schedule their vacation in advance and obtain the approval of their supemser prior to taking vacation. Full-time employees (except Police Officers and Fireflghters) are eligible for paid vacation according to the following schedule: Uoon completion of: Days Accrued Per Year: 0 - 2 Years 10 days 2 - 5 years 12 days 5 - 15 years 15 days 15 years and over 2o days C~ty of College Stahon Employee Handbook Revised June 2004 32 Police Officer and Firefighter employees are eligible for paid vacation according to the following schedule: Police Uoon Comoletion o- 1 Year 1 - 18 years ~8 years and over AOX'ual: 80 hours 12o hours 16o hours Uoon Completio~ of: Accrual: o - ~ year 5 shii~ ~ - ~8 years 7 shifts ~8 years and over 9 shifts Regular, Part-time employees are entitled to vacation on a pm-rated basis of three-fourth (3/4) or one-half (~/2) the regular vacation rate, depending on their established work schedule. Employees may not take paid vacation until they have actually earned the vacation. The first five days of accrued vacation will be credited after six (6) months of continuous employment. Pay may not be received in lieu of time off. Upon termination of employment with the City of College Station, an employee will receive pay for any unused vacation. Employees whose employment is terminated either voluntarily, or involuntarily, during the introductory period will not receive vacation pay. Covered employees on FMLA must exhaust all accrued vacation before going to an unpaid status. 5.06. Holidays: The City of College Station observes eleven holidays (including a floating holiday) each year. The holidays observed are: New Year's Day MLK Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Floating Holiday The Human Resources Director will publish the dates that the City will observe the holidays prior to the beginning of the calendar year. Eligible employees will be given a day off with pay for each holiday observed. Firefighters who work twenty-four (24 hour) shifts will receive five shifts (~2o hours) of annual holiday time. Firefighters shall schedule holiday time in accordance with the Fire Department's written policies. Regnlar Full-time employees will receive their regular rate of pay for each observed holiday. Regular Part-time employees will receive holiday pay on a pro-rated basis. Temporary and Seasonal employees are not eligible to receive holiday pay. Employees will receive holiday pay if a holiday occurs during a vacation period, approved military leave, or a scheduled, non-disciplinary leave of absence of less than thirty (3o) days. When a designated holiday falls on a Sunday, Monday is usually observed. When a designated holiday falls on a Saturday, Friday is usually observed. Full-time employees who are scheduled to work on an observed holiday {except Police Officers and Firelighters) will be given an alternate day off, unless ~t is not deemed feasible by functions and services provided by the Department. C~ty of College Station Employee Handbook Rcvssed June 2004 33 In such case, the employee will be paid holiday pay at the regular rate of pay, plus one and one-half times the regular rate for the actual hours worked. The number of hours paid at the holiday rate may vary depending on the starting time of the shift that the employee is scheduled to work. Police Officers who work a so-hour shift on a holiday will be given an alternate day off. The alternate day off must be scheduled in advance and approved by a Supervisor prior to the pobce officer being off. The floating holiday may be used at the employee's discretion during the calendar year. The floating holiday must be scheduled in advance and approved by the employee's Supervisor. Floating holidays must be taken during the same year that they are granted and may not be carried over into the next year. Employees with less than six (6) months of continuous employment are not eligible to use the floating holiday. 5.07. Medical and Dental Plan A. Policy The City provides medical and dental insurance coverage to employees and their families to ensure that they receive appropriate health care. A good health benefit plan is necessary to assist in our retention and recruiting efforts. Our goal is to pursue competitive, cost-effective health insurance benefits because we value our most important asset, our employees, who pwvide quality service to our dtizens. · Provide health plan options that are comparable to other public employers based on a regular study of similarly-situated employer plan sponsors, using shelf survey data and, as needed, custom survey instruments. · Ensure that the health plan is a neutral issue in turnover by monitoring incoming and outgoing employee perceptions through new hire orientation and exit interviews. Provide affordable health plan options that meet employee health needs. The City will move towards contributing approximately 8o% of plan costs while the employee portion will approximate 20%. Preference will be given to plan design changes (increases in deductibles or other out-of-pocket amounts) over contribution increases. Culture · Encourage employees and their dependents to receive preventive care and maintain healthy lifestyles. · Encourage participant self-reliance through educational opportunities such as regularly-scheduled health fairs, "brown bag" education/training sessions, and other similar mechanisms to educate participants about getting the most from the plan and vendors, while helping to ensure the fiscal health of the plan Administration · Adopt performance standards for vendors to ensure quality service and cost-effectiveness. City of College Station Employee Handbook Revised June 2004 34 B. Communication of Coverage The Human Resources Department is responsible for providing employees with the most current information about the coverage and cost, which are both subject to change. c. ~.ligibmty All regular full-time employees and regular part-time employees are eligible for coverage on the first (1'9 day of the month following initial employment. Coverage ends on the last day of the month following termination of employment. D. Retired Employees Service Retirees are eligible to retain coverage at their own expense until age sixly-five (65). ARer reaching 65 years of age, service retirees are eligible to purchase at their own expense a Medicare supplement through the health insurance carrier. E. Dependents Eligible dependents under the medical and dental plan include lawful spouses as defined by applicable state law, natural children, stepchildren, adopted children, children for whom the employee is the legal guardian, and a foster child. A dependent child must be unmarried and rely on the employee for primary support and maintenance. Dependent children remain eligible until age twenty-five (25). F. Annual Enrollment Period The annual enrollment period is December of each year. The enrollment is effective January x, of the following year and remains in effect until an employee qualifies for a family status change or makes changes during the subsequent open enrollment periods. A family status change is defined as a marriage, bhth or adoption of a child, termination of spouse employment, spouse changes from full-time to part-time employment, spouse takes an unpaid leave of absence, or significant change in the cost or coverage of sponse's health plan, defined as lo% or more. O. Late Enrollments If an employee or his/her eligible dependents are not enrolled within 31 days of the date they become eligible, he or she must wait until the next open enrollment period. H. Continuation of Coverage (COBRA) As required by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), employees and/or eligible dependents have the right to continue health coverage for a specified period of time when health coverage would otherwise cease as a result of a qualifying event. The employee will be required to pay to continue health coverage, which will bo ~oo% of the actual cost of the premium plus a 2% administrative fee allowed by the law. Upon notification of termination of coverage, COBRA notification will be sent to employees and/or dependents losing health coverage. I. Fanployees on Leave An employee who is away from work, and ns not receiving a payroll check from the C~ty, must make arrangements with the Human Resource Office to pay his/her share of the health insurance premiums. C~ty of College Slal~on Employee Handbook Revised June 2004 5.08. HIPAA Privacy Notification Under the Health Insurance Portability and Accountability (HIPAA) guidelines, the City of College Station will not use or disclose any information about an employee or participant in a health care program or service without a signed authorization which releases the information from the employee, or the employee's personal representative, unless authorized or required by local, state, or federal law. 5.09. Group Life Insurance As part of the primary group health plan, employees are automatically enrolled in a term life policy equal to two (2) times annual salary after a designated waiting period. Benefits under the policy are reduced when the employee reaches a certain age as spedfied by the current carrier. The City provides Sxo,ooo of coverage on service retirees until age 65. 5.xo. Supplemental Life Insurance An employee may elect supplemental life insurance coverage in increments of Szo,ooo up to seven (?) times his/her salary. If an employee elects an amount that exceeds Smo,ooo, he or she will be required to provide evidence of good health to the insurance carrier before the excess can become effective. Employees must enroll within thirty-one days of the date that he or she becomes eligible or the insurance company must approve coverage. 5.11. Accidental Death & Dismemberment As part of the primary group health plan, employees are automatically enrolled in an Acddcutal Death and Dismemberment policy equal to two (2) times their annual salary after a designated waiting period. Benefits under the policy are reduced when the employee reaches a certain age as specified by the current carrier. Service retirees are not eligible for this coverage. 5.12. Dependent !.ire Insurance Eligible employees may elect to purchase optional Dependent Life Insurance Coverage for their spouse and/or children after the designated waiting period. 5A3. Group Long Term Care Eligible employees and their eligible family members may elect coverage under the City's Group Long Term Care Coverage. Long Term Care insurance is designed to help plan participants meet the financial obligations of a long term care situation. The cost of the coverage is determined by the participant's age at the time of enrollment in the program. 5.14. Vision Care Reimbursement All eligible employees and dependents covered by the City's heath plan are eligible for vision care reimbursement after the designated waiting period. Eligible employees and dependents are reimbursed up to $25.0o per calendar year for Eye Exams. Eye (}lasses, Frames or Contacts are reimbursed up to $25.oo per calendar year. C~ly of College Statmn Employee Handbook Revised June 2004 5.x5. Flexible Benefit Plan The Flexible Benefit Plan is offered to ali regular full-time and regular part-time employees. The Flex plan allows employees to save tax dollars on insurance premiums; out-of-pocket medical, dental and vision expenses, certain over-the-counter drags, and dependent care (i.e. child care) expenses. Predetermined amounts of employees' paychecks are set-aside in a tax-exempt account from which the employee draws as expenses are incurred. According to IRS rules, any money left in an account at the end of the year cannot be returned to an employee. 5.16. Short Term Disability All regular full-time and regular part-time employees are covered under the City's Short-Term Disability coverage after three (3) months of employment. Under the Short-Term Disability policy employees may receive sixty percent (6o%) of their current base salary after being away from work for thirty (3o) days due to a disability. Eligible employees may receive short- term disability benefits for up to six (6) months or one-hundred and eighty (18o) days. A. Covered Disabilities All disabilities are covered except loss caused by or resulting from: 1. War or act of war, or military service during war or armed conflict; 2. Intentional self-inflicted injury; 3. Illness or injury occun'ing while the employee is in a leave without pay status; A work-related injury or occupational disease that arises out of and in the course of secondary employment covered by the secondary employer's Worker's Compensation medical and temporary income benefits; and 5. Work-related injury or occupational disease covered by the City's Worker's Compensation medical and temporary income benefits. B. Procedures 1. An employee must be off work for thirty (3o) days before requesting benefits under the Short-Term Disability policy. During the thirty (30) day waiting period an employee may use accrued sick leave or vacation leave pending the approval of his/her Supervisor. An employee may also apply for catastrophic sick leave if his/her condition meets the provisions of the leave. After the thirty (30) day waiting period, an employee may elect to continue to use avaihble sick leave or vacation leave at lOO%, or receive Short Term Disability at 6o% of his/her current base salary. An employee may also supplement Short-Term Disability benefits with accrued sick leave or vacation time. 4. An employee on Short-Term Disability will not accrue additional vacation, sick and holiday benefits. 5. A Department Director may elect to temporarily fill a position vacancy due to a Short-Term disability if the absence creates an undue hardship for the department. Cfly of College StUtlOn Employee Handbook Revised June 2004 37 C. Application Process Employees requesting Short-Term Disability benefits must submit a "Leave Request Form" to the Department Director. The form must be reviewed and signed by the Department Director prior to being submitted to the Human Resources Department. The signed form will be reviewed by the Human Resources Department to ensure that it meets the requirements for participation in the program. The employee and Department Director will be notified ffshort term disability benefits are granted. D. Request For Further Review: If the Human Resources Office determines that an approved request form for Short Term Disability does not meet the requirements for partidpation in the program, the employee and the Department Director will be notified. An employee may request a second review of his/her application by providing the Human Resources Department with additional information and/or medical documentation to support the application. E. Ter.~fination of Coverage Benefits under the Short-Term Disability coverage may be terminated when: 1. An employee claiming a disability does not comply with the requirements of the Plan; 2. An employee claiming a disability returns to work; 3. An employee claiming a disability is discovered performing job functions at a second job, or at his/her own business, during a period of disability that violates any physical restrictions that wore placed upon the employee by a medical practitioner; 4. Employment with the City is terminated; 5. The Short-Term Disability period expires; or 6. The date that an employee applies for disability benefits throngh a retirement program or the completed date that an employee applies for disability benefits under any other disability plan. 5.17. Long Term Disability City employees are covered under a Long-Term Disability (LTD) plan after three months of service. Eligible employees are covered by the disability policy for both on and off-the-job disabilities. A. Benefits The benefits become payable after a z8o day period of permanent total disability and will be paid in an amount up to of 6o% of the employee's current base salary. Benefits paid under the Long-Term Disability policy will be reduced by any income from other sourees. Detailed descriptions of the LTD benefits are furnished in a separate booklet. City of College Btauon Employee Handbook Revised June 2004 38 5.18. Retirement The City of College Station has a retirement plan through the Texas Munidpal Retirement System (TMRS), which is administered in accordance with the Texas Municipal Retirement System Act (Texas Government Code, Title 8, Subtitle G). A. Membership Regular full-time employees and regular-part-time employees who work twenty (20) hours or more per week are automatically enrolled as a member of TMRS. Employees are plan members until termination of employment and withdrawal of retirement contributions, retirement or death before retirement, or termination of employment and failure to meet certain eligibility requirements. Upon retirement, membership stops and an employee becomes a "retiree" under TMRS. B. Credit for Service An eligible employee earns a month of service credit for each month of employment in which a membership contribution was made. "Restricted prior service credit' is available for employees with prior service: I. With any pubhc authority or Agency created by the United States; 2. With any state or territory of the U.S.; 3- With any political subdivision of any state in the United States; or 4. With any public agency or authority created by a state or territory of the U. S. C. Member Contributions Each month the City will withhold through payroll deduction a percentage of an employee's gross monthly salary and deposit it in an account in the employee's name with TMRS. The member contributions are not taxed until an employee receives a retirement cheek or withdraws and receives contributions from TMRS. The City matches the member contributions and earned interest on a 2 to 1 basis, with the money transferred to an employee account at the time of retirement. Employees may not borrow from membership contn'butions nor can employees use the contributions as collateral for a loan. D. Vesting An eligible employee is vested in the retirement plan when he or she has earned five (5) years of service credit. Vesting means that if a plan member's employment terminates, he or she can leave member contributions and interest in TMRS until age sixty (6o) and receive the City's matching funds. City of College S~alJon Employee Handbook Revised lune 2004 39 E. Fund Withdrawal An employee cannot withdraw member contributions and earned interest unless he or she has terminated employment with the City. A terminated employee will not receive the City's matching fund if he or she elects to withdraw their membership contributions and interest in a lump sum. Withdrawals of member contributions and interest also terminate membership in the TMRS, unless the retiree begins working in another TMRS City and is contributing to the plan. F. Retirement Eligibility Employees are eligible for retirement at age sixty (60) with at least five (5) years of service credit. Employees may also retire at any age with 2o years of credited service. In addition to the standard retirement benefit, The Texas Municipal Retirement System provides other basic benefits to employees participating in the program to include disability benefits, deferred taxes, and interest on contributions after one year. Detailed descriptions of these benefits and the retirement program are provided in a separate booklet published by the Texas Municipal Retirement System. 5.19. Deferred Compensation Plans The City provides an option to employees to invest a portion of his/her salary in two (2) voluntary deferred compensation plans administered by LC.M.A. Retirement Corporation and Nationwide Retirement Solutions. Eligible City employees may deposit up to the maximum amount of dolhrs allowed by IRS regulations into the plans. Enrollment in either or both plans can be arranged through the Human Resoure~ Depa~huent. Income taxes are not paid on contributions until they are withdrawn and employees have a choice from a variety of investment funds. Due to IRS regulations, employee contributions to deferred compensation accounts are not accessible to employees prior to retirement, except in limited situations outlined in the plan document. 5.2o.$a~ngsBond City employeesm~purehaseU.S. SaviagsBonds throughpayrolldedua~n.(See payrolloffice fur dst~s). 5.2x. Credit Union City employees and their family members are eligible to participate in the City's Credit Union. The Credit Union offers a number of services to members to include share accounts, share draft accounts, loans, disability income, certificates of deposits, money orders, VISA debit cards and on-line banking. All contributions are financed loo% by the employee. Employees may arrange to have payroll deductions from their paychecks or they may make a direct payment to their credit union account. For more information or enrollment forms, contact the Brazos Valley Schools Credit Union. 5.22. Service Awards It is the policy of the City to recognize long-term service to the City by presenting service awards to eligible employees according to the following guidelines: City ofCollege Siatmn Employee Handbook Revised June 2004 4O 1. All regular full-time and regular part-time employees are ciigib]e to receive a service award upon completion of five (5) years of service and at the end of every additional five (5) years of The Human Resources Department is responsible for identifying the employees who will be honored, ordering awards, and arranging for appropriate announcements of presentation of awards. 5.23. Use of City Swimming Pools All regular full time and regular part-time employees, and their dependents, and service retirees may have free use of the City's swimming facilities. Employees may gain admittance to the pools by presenting their City ID Card. Swim passes for dependents and service retirees may be obtained from the Human Resources Department. Free use of pools does not include swim lessons or rentals. 5.24. Employee Assistance Program A. Purpose In an effort to help City of College Station employees maintain healthy levels of emotional and physical well-being, and to limit the effect of personal pwblems on job performance, the City sponsors and pays for an Employee Assistance Program (EAP). B. Policy It is the policy of the City of College Station to help employees maint~,in healthy levels of emotional and physical well-being, and to limit the effect of personal problems on job performance through the Employee Assistance Program (BAP). The EAP is designed to provide short-term counseling and referral services to employees, their spouses and dependent children who may be experiencing physical, emotional, financial, drug, alcohol, marital, legal, or family problems. The Human Resources Dep~hL~ent is responsible for the coordination of an Employee Assistance Program. The department will monitor and promote the utilization of the EAP. C. Discussion The EAP is a CONFIDF2qTIAL information, referral, and counseling program. Trained professionals provide assistance in identifying the problem, exploring ways to resolve the problem, lending support during a crisis or difficult situation, and providing appropriate referral and counseling services. The EAP can help employees with a variety of concerns, some examples are: · Marital/Family/Rdationship Issues · Stress and Anxiety · Depression · Alcohol/Drug Problems · Finandal Concerns · Legal Concerns · Employee/Co-worker conflicts · Problems with a supervisor C~ty of College Station Employee Handbook Revised lune 2004 41 D. Referral Procedures Employees may access the EAP either through sdf-referral or supervisory referral. Self-referral: When an employee or eligible family member contacts the FAP as a self-referral, no one will know they have used the program unless the individual seeking assistance tells someone. No information is released to anyone without the individual's written consent, unless it is required by law (i.e. when a person is a danger to sodety or themselves). All records related to the self-referral will be kept at the EAP's location. Informal supervisory recommendation: Supervisors, co-workers, or peers may consider recommending the EAP to individuals who are struggling with a personal or work-related concern. Informal supervisory referrals are voluntary. o Formal suvervisorv referral: A formal supervisory referral is voluntary and associated with a pattern of deteriorating performance or conduct. Mandatory referral: At times, employees may be required to see an EAP Counselor. Mandatory referrals are typically used as a result of any serious incident or problem that has affected or may affect the safety of the employee or workplace. (Some examples might be: threats of violence, substance abuse, etc.) In such a referral, failure to use the EAP may result in discipline up to and including termination. A mandatory referral shall require consultation with the Human Resources Department. If an employee is referred to the F, AP as a result of a mandatory referral, the employee may be asked to sign a release to enable designated individual(s) the ability to ensure that the employee is following the required plan. The nature of the problem will not be disclosed to anyone without the employees' written permission. C~ty of College Station Employee Handbook Revised .l'une 2004 42 SECTION 6: APPROVED LEAVES 6.oL Time OffTo Vote City employees are encouraged to vote in elections during available houm before and after work. An employee who needs time off to vote in elections during working hours should notify his/her Supervisor in advance so staffing adjustments can be made, where necessary, to accommodate the employee's time away from work. Supervisors retain the right to specify the hours that the employee will be allowed to vote, and should be based upon the operating needs o£the Department. Supennsors shall ensure that sufficient time is given to the employee to exercise the right to vote. 6.02. Jury and Court Service Leave The City encourages employees to appear in court for jury duty and witness duty when subpoenaed to do so. Employees who are summoned for jury duty or serve as a witness pursuant to their job duties at the City will receive full pay for the entire time period of jury duty or court appearance. Employees will not be granted paid time offto appear in court on personal rnatters or as a witness fur a party other than the City. Employees may use accrued vacation or compensatory time for such absences. In cases where there is no available vacation or compensatory time to use, it is up to the discretion of the Depa~h,ent Director to allow an employee to make up the missed time, or to approve leave without pay. A jury summons, subpoena or other official documentation must be shown to the Supervisor immediately after it is received so that employee staffing can be adjusted, where necessary, to accommodate the employee's absence. Employees are expected to report back to work as soon as the court permits. 6.03. Administrative Leave An employee may be granted Administrative Leave with or without pay at the approval of the Depa,haent Director and/or City Manager. The amount of time granted for the leave will be based upon the mitigating circumstances surrounding the need for the leave. 6.04. Military Leave All City employees who are members of the Armed Forces, the Military Reserves, the National Guard, or other Special Units are entitled to a leave of absence from their duties on a day on which the person is engaged in authorized training or duty ordered or authorized by the proper authority. Official notice of a military obligation requiring leave must be provided to the Department Director in writing as soon as the employee is notified. Employees are excused from giving advance notice if giving it is "impossible or unreasonable" because of military necessity or for other legitimate reasons. Federal regulation permits employees tn take time off for military service (up to five (5) years cumulatively), whether they are ordered to service or volunteer. City compensation, however, will not exceed fifteen (15) working days in any one (x) calendar year. An employee on military leave in excess of the fifteen (15) working days may use accrued vacation or compensatory time before being placed on a leave of absence without pay. An employee on extended military leave will not accrue any holiday, vacation or sick time. The employee will not, however, lose any paid leave earned before taking the military leave. For absences of less than thirty (3o) days, health insurance coverage will continue for the employee and his/her eligible dependents. The employee will be responsible for his/her share of the apphcable premium. For leaves of more than thirty (3o) days, the employee may elect to continue his/her (and/or his/her eligible dependents) health insurance coverage for up to e~ghtcea (xS) months under COBRA. Chly of College Station Employee Handbook Rewsed June 2004 43 The employee will be responsible for ~o2 percent (1o2%) of the applicable premium. The employee will continue to earn TMRS service credit for the period of time he/she is on the leave, and any contributions in TMRS will remain in the retirement account. If an employee serves thirty (30) days or less, the employee must report back to work no later than the beginning of the first full regularly scheduled work period following release from military duty. For leaves of thirty one (31) to one hundred and eighty 08o) days, an employee must report to work within fourteen days 04) after release, and the deadline is ninety (9o) days for service of more than ~8o days. Upon returning from Military Leave, the employee will be reinstated to his/her former position with seniority, status and pay rate as though he or she had been continuously employed. An employee who does not report back to work within the required time period and has not made arrangements with his/her Department Director will be treated the same as any other employee would be under the City's Attendance Policy. 6.05. Family and Medical Leave The City of College Station complies with all applicable requirements of the Family and Medical Leave Act of x993 (FMLA). The City will provide covered employees up to twelve (12) weeks of unpaid, job-protected, leave in a ~2-month period for certain family and medical reasons. The 12-month period during which leave is available is not limited to a calendar or fiscal year, but is a 'rolling" year, which commences with the first day of FMLA leave and ends 12 months later. A. Covered Employees All regular full-time, and regular part-time, employees who have worked for the City at least one year, and who have worked at least 125o hours in the previous twelve (12) month period are covered by the Family Medical Leave Act. B. Leave Entitlement Covered employees may be granted unpaid FMLA leave for the following reasons: When an employee is unable to work because of a serious medical condition that prevents him/her from performing the functions of their job. An illness, impairment, or physical or mental condition is serious if it involves (~) inpatient hospital care; (2) a period of incapadty greater than three (3) days and more than one visit to a health care provider; (3) one visit to a health care pwvider and continuing treatment; (4) a chronic condition that requires periodic visits over time; (5) long-term incapacity that requires treatment over time; or (6) multiple treatments for a non-chronic condition that would result in incapacity over three (3) days. The birth, adoption or foster care placement of a child if the leave is taken within twelve 02) months of the birth, adoption, or foster care placement. If the City employs both spouses, the twelve 02) workweeks are combined (rather than twelve (12) weeks each) leave for the birth, adoption or foster care placement of a child. To care for a spouse, parent (not parent-in-law), or child with a serious health condition. If the City employs both spouses, the ~2 workweeks are combined (rather than twelve (12) weeks each) leave to care for a parent (not parent-in-law) who has a serious condition. If the leave is for any other covered reason, additional leave will be granted so that each employee is entitled to twelve 0 2) weeks of leave C:ty of College Slalion Employee Handbook Revised June 2004 44 FMLA may be taken on an intermittent basis for a serious condition affecting the employee or the employee's spouse, child, or parent. Intermittent basis means taking leave in blocks of time rather than on a continuous basis. C. FMLA Notification and Certification Covered employees who will be absent from work for FMLA leave are required to provide a thirty (30) day notice when the leave is foreseeable. If c~reumstances require leave to begin in less than thirty (3o) days, the employee must provide notice 'as soon as practicable.' In addition, covered employees who need leave for their own illness or a family member's serious health condition must provide medical certification from a health care provider. The City may also reqmre a second or third opinion (at the City's expense), periodic re-certifications of the serious health condition, and when the leave is a result of the employee's own serious health condition, a full release to return to work from a health care provider. During the use of FMLA leave the employee is responsible for maintaining communication with his/her departmental management. The City may delay leave to employees who do not provide proper advance notice of the foreseeable need for the Leave. The City may also delay or deny approval of leave for lack of proper medical certification. D. Worker's Compensation and FMLA Leave Employees who are off work for more than three (3) consecutive calendar days due to a work-related illness or injury shall automatically be placed on FMLA leave. E. Benefits during FMLA Leave Covered employees taking leave under the FMLA are entitled to receive health benefits during the leave at the same level and terms of coverage as if they had been working throughout the leave. Covered employees will have to make arrangements to pay their share of the premiums while on leave. Covered employees on FMLA leave must exhaust all accrued vacation and/or sick leave before going to an unpaid status. Under state law, compensatory time cannot be counted as part of the twelve (12) We~ of FMLA leave. F. Job Restoration after FMLA Leave Except as provided below, an employee returning from FMLA leave is entitled to return to the seine position the employee held at the beginning of the leave, or to a position with equivalent benefits, pay, and other terms and conditions of employment. Those exceptions are (1) the employee can no longer perform the essential functions of the job; (2) the employee is salaried and among the highest paid lO96 of all City employees, ff restoring him/her to an equivalent position would cause 'substantial and grievous economic injury to the City's operations." O. Failure to report to work after FMLA Leave If an employee fails to return to work at the conclusion of approved FMLA leave, the employee will be considered to have "voluntarily" terminated employment. Csty of College Statton Employee Handbook Revised June 2004 45 6.06. Personal Leave of Absences Without Pay (Non-FMLA) It is the po]icy of the City of College Station to grant Leave of Absences without pay for circumstances other than those under the provisions of the Family Medical Leave Act. A. Eligibility:. All regular full -time and regular part-time employees B. Procedures Requests for a leave of absence without pay should be submitted in writing to the employee's Department Director at least thirty (3o) days before the start of the leave. When the need for an unpaid leave is not foreseeable, employees should give as much notice as possible. All employees on approved leave are expected to report to the Department Director any change of status in their need for leave or in their intention to return to work. Eligible employees who are on an approved leave of absence may use accrued sick leave (if applicable), vacation, and/or compensatory time before going to an "unpaid" status. Eligible employees who are on an approved leave of absence may not perform work for any other employer during the leave, unless the leave is for military purposes. The City will provide health insurance coverage to employees on leave of absences. Employees with insurance premiums must make arrangements with the Human Resources Department to pay his/her portion of the premiums. Benefits such as vacation, sick leave and holidays will not accrue if an employee takes a leave of absence that extends longer than thirty (30) calendar days. An employee returning from a leave of absence will be reinstated to the same job or equivalent position with equivalent pay, benefits and other employment terms and conditions. If an employee fails to return to work at the conclusion of an approved leave of absence, including an extension of the leave, the employee will be considered to have "voluntarily" terminated employment. 6.07. Neutral Leave Policy With the exception of an employee that is on active military service, any employee who is absent from and/or unable to work for nine (9) months or upon depletion of sick leave, (whichever is greater) will be terminated. This policy applies to all City employees, regardless of the reason(s) for the absence or inability to work. No leave of absence may exceed nine (9) calendar months or depletion of sick leave (whichever is greater). Any employee on leave of absence in excess of nine (9) months, or depletion of sick leave, regardless of the reason for the leave of absence, unless they are on leave for active military service, will be terminated. The nine (9) month period does not include approved leave taken under the Family Medical Leave Act (FMLA). If an employee is covered by the Americans With Disabfltty Act (ADA) and requires, as a reasonable accommodation, a leave period of longer than nine (9) months or depletion of sick leave (whichever is greater), a decision will be made on a case-by-case basis. City of College Station Employee Handbook Revised June 2004 46 SECTION 7: EMPLOYEE DEVELOPMENT AND REIMBURSEMENT PROCEDURKS 7.01. Policy It is the policy of the City of College Station to provide, within reasonable resources, training and employee development to assist the City in achieving its mission and fulfilling its vision. The goals of the Ci~s Training and Employee Development Program are to maintain a fully trained and developed workforce, to increase productivity through the continuous development of skills and abilities of employees, and to upgrade the quality of personnel by fostering career development through training. All training, employee development, and educational programs provided by or thwugh the City of College Station will be offered to employees in an equitable and consistent manner. The training needs of City employees will be appraised in relation to the skills, knowledge, abilities, and qualifications required to carry out the duties of their job and the knowledge and skills necessary to achieve future positions. Self-development is also encouraged. The City raay require employees to attend and satisfactorily complete training, employee development, or educational programs as a condition of continued employment if the program is related to the employee's duties or prospective duties. B. Responsibilities and Roles Departmental Mana_~ement The City acknowledges the importance of providing employees the opportunity to parfidpate in training, employee development, and educational programs that are designed to improve job-related skills and competency. The management of each department is respons~le for giving regular attention to the training and development of departmental employees. Departmental management is also responsible for reinforcing the knowledge and skills that employees may acquire through these opportunities. All Employees Employees are ultimately responsible for clarifying their own training and development needs. Employees are therefore expected to review their own performance and suggest what training they may require to provide high quality performance and professional growth. Human Resources Department The Human Resources Department is responsible for ensuring that the training and development activity is adequate to support the operational needs of the City and that a review of training and development, through a needs assessment, is conducted at least once annually. The Human Resources Depa,hltent is also responsib]e for developing, conducting, and/ur sponsoring City-wide training programs for employees. C. External Training Available External trmning includes, but is not limited to, short courses, college courses, seminars, workshops and/or professional association meetings presented by sources outside the City. Employees must request and obtain the approval of their Department Director prior to registenng for any external training. Select,on to attend external training is at the discretion of Department Directors and departmental management. Department Directors and departmental management retain the right to deny the traimng request of any employee when there is a bena-fide reason for doing so. City of College Station Employee Handbook Revised June 2004 47 D. Source of Fundin8 Each Department Director is respons~le for allocating funds in the departmental budget to cover expenses associated with the training and development of his/her employees. 7.02. Educational Reimbursement In an effort to promote personal and professional growth, it is the policy of the City of College Station to provide educational reimbursement to its employees in accordance with the following guidelines: A. Eli~bili~/ All regular full-time and regular part-time employees (except for sworn Police Officers and Certified Fire Personnel) who have at least one year of service with the City are elig~le for educational reimbursement. Eligible employees may be reimbursed only for pre-approved courses of study the City determines are directly related to the employce's present job or that will enhance the employee's potential advancement to a position within the City and to which the individual has a reasonable expectation of advandng. Pre-appreval for educational reimbursement must be obtained from the Department Director and the Human Resources Director. Eligible employees may be reimbursed only for pre-approved courses taken at an accredited college, university, or technical school. Internet offered courses will be reviewed and pre-approved on a case by case basis. Eligible employees requesting time off from work to attend classes must obtain approval from the Depa,tuAent Director before enrollment. It is up to the discretion of the Department Director as to whether an employee will be allowed to make up the missed time, or use accrued vacation and/or compensatory time to compensate for the time away from work. Such decisions will be based upon the functions and services provided by the depm h.ent. Employee reimbursement for eligible educational assistance will be based upon the employee satisfactorily completing the course work with a grade of "C" or above or '*passing" on a pass/fall system. No reimbursement will be made for a grade lower than a "C." Eligible employees are required to submit an official transcript or grade slip with fee reimbursement receipts. The City will then reimburse the employee applicable costs for tuition, laboratory fees, or other school service fees up to a maximum of $500 per semester. The maximum amount of educational reimbursement in a fiscal year is $1ooo. Eligible employees who are terminated during enrollment because of reasons beyond their control such as lay-offor job elimination will recetve educational reimbursement. Eligible employees will not receive educational reimbursement if they voluntarily leave the City or are terminated for reasons other than the aforementioned. Any financial assistance an employee receives from other sources such as scholarships, grants, or subsidy programs (G.I. bills) will be deducted from tlie total enrollment costs before educational reimbursement is made. Czty of College Stnt~on En~ployee Handbook Revised June 2004 48 Employees arc expected under normal circumstances to schedule class attendance and the completion of study assignments outside of their regular worldng houm. It is expected that educational activities will not interferc with the City's work, and unsatisfactory job performance during enrollment may result in forfeiturc of educational assistance and termination of employment. Employees may not request educational rdmbursement for basic certifications, short courses and other training sessions that arc covered under Departmental Training Programs. The City will pay for employees wishing to obtain a General Equivalency Degree (GED). The City will pay the base fee and compensate an employee for one day to take the test. Crests are limited to two (2) per person). 7.03. Membership, Training (]asses/Seminars, Conferences & Meetings Expenses The City of College Station recognizes the value and necessity of employees holding membership in bondide professional organizations, attending professionally rclated training classes/seminars, confercnees, and meetings of importance to City business. The City encourages these activities, and, to accommodate them has established the following polices and procedures. A. Authorization Depa,huent Directors are ultimately responsible for managing their department's membership, training class/seminar, confercnee and meeting expenses in conformance with these polities and procedures, and must grant prc-approval for all such expenses and any exceptions, unless otherwise stated in this policy. B. Professional Memberships City employees arc eligible for City sponsorship in associations or organizations whose purpose is to serve and develop the profession of the employees, or which provides a service, which is beneficial to the operation of the City. Memberships for all organizations should be budgeted in advance and must be approved by the employec's Department Director. C. Training Classes/Seminars, Conferences, and Meetings The City will pay out of town expenses as defined in this policy for those training classes/seminars, conferences, and meetings that are determined to be advantageous to the conduct of City business. Pre-approval by the Department Director or his/her designee is required. A destination outside of the continental United States requires the prior approval of the city Manager. D. Travel Time Per the FLSA, travel dunng nights and weekends, travel requiring an overnight stay, or travel outside of the regular work schedule and travel and work exceeding forty (4o) hours in a work week may constitute work time under certain conditions. C~ty of College Station Employee Handbook Revised June 2004 49 E. Transportation The City will pay ail reasonable and necessary transportation costs, including necessary parking that is associated with travel. It is expected that employees will take the shortest and most direct route and least expensive method of transportation. Whenever appropriate, employees are encouraged to travel together when attending the same training class/seminar, conference or meeting to reduce costs. The City will pay the applicable costs associated with the round trip air fare, the employee travel to and from the air terminai, the parking at the air terminal, the transportation to and from the point of arrival/departure and the training class/seminar, conference or meeting. Air Travel If air travel is selected, payment will be made for the commercial coach fare rate only. Employees are encouraged to make their reservations as far in advance as poss~le so that the lowest possible prices may be secured. Additionally, employees are encouraged to look for discounted fares and/ur specials offered by airlines. If a discounted fare and/ur airline speciai require an employee to leave or stay over an extra day, the City will pay for the lodging and meals for the extra day(s) provided the costs do not exceed the savings on the airfare. Employees must obtain prior approval from their Supervisor and/or Director before making reservations for such discounted fares and/or airline speciais. Personal Vehicle If a pemonal vehicle is used for travel, mileage reimbursement will be made at the current mileage rate set by the Internal Revenue Service (IRS). The reimbursed amount is expected to cover all of the personal vehicle related expenses. At the approval of the Department Director, an employee may use a City-issued credit card for gasoline purchases for a personal vehicle that is used for business travel. In such eases, the employee will not receive mileage reimbursement. a. The City Manager shall approve the payment of a car ailowance to certain personnel in certain designated jobs, or job levels, who are required to provide a private vehicle for use on City business. b. Car allowances are intended to reimburse employee expenses for the portion of personal vehicle usage that is city-related. The ear ailowance redpient is responsible for the entire safekeeping, care and maintenance of the vehicle, and ensuring that it is kept in good condition. c. Employees are not eligible for both a car ailowance and use of a City vehicle. The only exceptions are emergency situations or special uses as approved by the City Manager. d. A car allowance recipient may elect to rent a car for travel outside of the local driving area (loo miles round trip radius of College Station) at his/her own personal expense. e. Car Allowance recipients will receive mileage reimbursement for distances traveled outside of the local driving area (loo miles round trip radius of College Station). Mileage reimbursement will be paid for both personal and rentai vehicles at a rate that is $.20 less than the standard rate established by the IRS. f. Each recipient of a car allowance must maintain compliance with the City's Vehicle Driving Policy. g. All or any portion of the recipient's car allowance may be subject to Federal Income Tax. City of College Slation Employee Handbook Revised June 2004 City-Owned Vehicle If a City-owned vehicle is used for travel, there will be no mileage reimbursement made to an employee. When traveling, an employee may use a City-issued credit card for gasoline purchases for a City-owned vehicle. Rental Vehicle With prior approval from the Department Director, an employee, who does not receive a car allowance, may rent a vehicle for travel (at the City's expense) when a business trip requires the employee to drive outside of the local driving area (loo miles round trip radius of College Station). The rental vehicle should be of adequate size for the trip and the employee's business needs. Rental vehicles must be obtained from the provider with whom the City has an annual rental agreement. The employee is not required to purchase optional insurance on the rental vehicle. The employee may use a City-issued credit card for gasoline purchases for a rental vehicle that is used for business travel. There will be no mileage reimbursement made to an employee who rents a vehicle for business travel at the City expense. The Purchasing Division may be contacted for information regarding the rental vehicle provider. The City will pay training class/seminar, conference, and meeting related out-of-town lodging costs at the single occupancy rate. The City will pay for the cost of the room and business telephone calls only. Employees may, at their own expense, upgrade their lodging. Additionally, employees are responsible for payment of non-reimbursable expenses such as: room service, in-room movies, personal phone calls, etc. Employees are required to submit a detailed billing of lodging costs with the completed "Travel Expense Report Form." G. Meals Meal expenses incurred as part of overnight travel for work/training are to be paid with the use of a city provided procurement card or reimbursed to the employee up to the scheduled amounts. It is the respousibility of the employee and department to submit receipts for all meals charged on a city provided procurement card within five (5) business days of returning to work. An employee will have meals paid for up to sixty dollars ($6o) per day. The City is responsible for meals for City employees only. Day Travel Meal expenses incurred on day trips will be paid based on actual expenses subject to the daily limit above. If only a partial day is spent, the employee should limit meal charges to those actually eaten while out of town. Expenses for meals will be paid only for those meals on trips not included in registrations. Meals included as part of a City-paid registration fee or included in a hotel/motel rate will not be expensed again as a separate meal. Employees should consider meals provided and should spend only what is necessary for meals not provided. Departments should make reasonable allowances for meals on trips for appropriate departure and return times in determining the need for meals at the beginning and ending of each trip. C~ty of College Station Employee Handbook Revised June 2004 51 A Department Director may request from thc City Manager or his designee an increase or change from the above established meal allowances and procedures. Any increase will be based on factors such as higher costs at the travel destination or other extenuating circumstances. H. Personal Time OffTaken in Conjunction with Business Travel Personal Time off Expenses With prior approval from the Department Director or his/her designee, an employee may extend the length of their travel to take personal time off such as vacation. The Ctty, however, will only pay for the expenses incurred with the business travel. All reimbursable costs shall be based upon the latest departure and earliest return time for the business travel The latest departure time and earliest return times are listed on the 'Travel Expense Report Form". Non-City Emolovee Expe_ nses The City shall not pay any expenses incurred by a non-City employee in conjunction with City busine~ss travel. An employee who takes a non-City employee on a business trip is responsible for any and all cost differences associated with the travel. I. Reporting Within five (5) working days after return from business travel an employee must file a "Travel Expense Report Form" to the Accounting Depa~haent. This form must itemize all City reimbursable expenses related to the business travel. Appropriate documentation in the form of receipts and/or credit card slips must be submitted with the form. If an employee has used his/her own personal funds, the accounting department will issue a check to the employee to cover all expenses that do not exceed the established maximum expenses. Cfly of College Statmn Employee Handbook Revised June 2004 52 SECTION 8: HEALTH AND SAFETY It is the policy of the City to incorporate safety, loss prevention, and Risk Management into all aspects of its operations. The City has every incentive, both moral and otherwise, to minimize hazards that may adversely affect the safety of City personnel, the security of City property, the efficiency of operations and the well being of the public who may be exposed to City operations. The City's safety and loss prevention program will include measures that are designed to eliminate, reduce, or prevent the various forms of hazards and exposures from which undesired incidents may develop. This includes the training of City personnel at all levels of responsibility, in safety and loss prevention facets of their job. Respousibihty for the desired results in accident prevention and loss prevention is delegated to each person in the organization to the same extent that responsibility is delegated in the performance of their duties. Employees at all levels must diligently execute the City's policy of maintaining a safe work environment. 8.o~. Risk Management Division The City's Risk Management Division is available to assist with safety and health related questions, conduct iuspectious, accident investigations, provide couusding and information to prevent recurrence of accidents, and coordinate safety and health training. 8.02. Risk Management Manual The City has a written Risk Management Manual, which must be followed to ensure the protection of human health, safety, ]uss prevention and City compliance with applicable federal and state regulations. This manual applies to all City related activities and addresses many topics, such as responsibilihes, reporting and treatment of occupational injuries, acc/dent investigation, program analysis, safety education and training, recordkeeping, safety audit/inspection, occupational injury and illness control, fleet safety, and loss prevention. Employees should familiarize themselves with the Risk Management Policy and Procedures Manual. 8.03. Worker's Compensation It is the policy of the City of College Station to compensate all City employees for covered work-related injuries and occupational diseases through the Workers' Compensation Program. A. Compensation from the City of College Station Any City employee who sustains a covered work-related injury or occupational disease that arises out of and in the course of employment (as defined by the Worker's Compensation Act), and is certified as being unable to perform the essential functions of his/her regular duties by a medical doctor; will receive lOO% salary continuance, in the form of a payroll check, from the City for the first seven (7) days that the employee is off work. The phrase ~the first seven (7) days' for the purposes of the Worker's Compensation policy is the five (5) working days or forty (4o) hours following the disabling injury. The employee's timesheet should reflect a worker's compensation code during this time. After the initial seven (7) day period, the employee will not receive any further checks from the City. B. Compensation from City's Worker's Compensation Administrator Compensation payment to an employee who has been off work for eight (8) consecutive work days due to a covered work-related injury or occupational disease will be paid through the City's Worker's Compensation Administrator. The injured employee will receive Temporary Income Benefits payment through the mail at their home address. Cliy of College Station Employee Handbook Rewsed June 2004 C. Temporary Income Benefits Temporary Income Benefits are paid at a rate of 7o% of the employee's weekly wage, subject to maximum and minimum requirements. The benefits are made retroactive to the first day that the employee was unable to work due to the covered work-related injury or occupational disease. There are no taxes withheld or payable on the benefits. Benefits will usually approximate the normal net paycheck of the employee. The employee may use accrued sick and/or vacation time to supplement their benefit amount. The supplement is made at the written request of the employee to the Payroll offiee. D. Overpayment of Compensation In cases where the employee has received compensation from both the City and the Worker's Compensation Administrator, the City's payroll department will deduct the amount of money that the City paid to the employee from his/her regular payroll check when he/she returns to work. The deduction will be taken out in equal amounts from two (2) consecutive paychecks. E. I~juries Not Covered by Worker's Compensation Benefits Worker's Compensation benefits shall not cover injuries sustained in the course of employment in the following circumstances: · employee's willful intent to hurt self or another; · intoxication or drug use; · horsephy · act of a third party intended to cause injury to an employee for personal reasons; · off-duty participation in recreational, sodal or athletic activities; and · injuries suffered traveling to and from work, in most circumstances, and work-related travel if personal objectives are involved. F. Medical Expenses An injured employee is entitled to medical treatment, hospital services, and prescriptions that are reasonable and necessary under the law at the time of the covered injury and at any time thereal~er as may be necessary to recover. All covered medical expenses incurred as a result of a covered work-related injury or occupational disease will be paid at loo% through the City's Worker's Compensation program. G. Reporting and Treatment of Work-Related l~juries and Occupational Diseases. A City employee who sustains a covered work-related injury or occupational disease that arises out of and in the course of employment (as defined by Worker's Compensation Act) shall: a. Report the injury or illness to their supervisor ~mmed~atciy or as soon as practicable. b. Proceed to the medical facility for examination/treatment as directed by the supervisor, if ilecessaFy. C~ty of College Stauon Employee Handbook Revtsed June 2004 54 Keep his/her supervisor appraised of his/her health and return to work status, as it relates to their continued absence and injury/illness, once a week, or as directed by his/her supervisor. d. Refrain from any secondary employment, which is contrary to restrictions or limitations imposed by the employee's treating physician. e. Refrain from engaging in any physical fitness training or sports activities that has not been approved by the employee's treating physician. f. Keep all physician's appointments and obtain and submit an order for medical treatment on the "Employe~'s First Report of Injury/Illness" form TWCC-~, along with the limitations form entitled "texas Return to Work Status Report," TWCC-73 for each office visit. g. Arrange subsequent follow-up appointments at the beginning or end of the work shift so that it will least affect the department's operations. h. Provide the City with a Return to Work Certification from the treating physician. Make arrangements with the Human Resources Department to pay the employee portion of insurance premiums while away from work due to the disabling work-related injury or occupational illness. Suoervisor Resoonsibility The supervisor of a City employee who sustains a covered work-related injury or occupational disease that arises out of and in the course of employment (as defined by Worker's Compensation Act) shall: a. Immediately report the injury/illness to Risk Management or within 24 hours from the time supendsor became aware of the injury/illness. be Call 911 if the injury is of a critical nature requiring immediate treatment in a hospital emergency room. Otherwise, the supervisor should make arrangements for professional medical treatment, and ensure transportation to a medical facility is available for the employee. c. Monitor the progress of the employee through periodic contacts. 8.04. Modified Work Duty Program A Modified Duty Program is established for the City of College Station employees who are temporarily unable to perform their regular job as a result of a work related disabling injury. An inju~xl employee, who is judged to have a Modified Duty Work capacity by his/her treating Physidan, may be given a work assignment consistent with his physical abilities and limitations. All Modified Duty assignments will be subject to City guidelines and will be under the direction of Risk Management. City of College S~auon Employee Handbook Revised June 2004 A. Procedures and Guidelines The treating physicians shall be encouraged to release temporarily disabled employees to Modified Work Duty status. Physicians will be required to complete a Work Status form in detail. This form will enable the City to determine a suitable work or task assignment for the injured employee. Risk Management will attempt to assign an injured employee to a Modified Work Duty assignment in his/her regular department/division whenever possible, if requested. If the restrictions listed by the Physician does not allow for a return to their regular unit, the employee will be assigned temporarily to another location within the City organization, if available. The department/division to which the employee is regularly assigned will continue to provide wages from their regularly budgeted salary account. 3. Employees on Modified Work Duty assignments will not be scheduled for overtime, standby or compensatory time. Time sheets from the home division of the injured employee should be completed to show either the internal or external Modified Work Duty code while the employee is on Modified Work Duty. Modified Work Duty sign-in-sheets must be completed by the Supervisor of the area that is providing the Modified Work Duty assignment. These sheets should be signed and returned to the Risk Management Division at the end of each week. Time off for medical treatment or physical therapy shall be given to the injured employee. It is expected that the employee will use reasonable time for the appointment and return to their Modified Work Duty assignment the same day. 7. Risk Management, as well as the Supervisors of both areas of work, should be notified of any medical appointments in advance. Employees assigned to Modified Work Duty are responsible for maintaining acceptable performanee standards and ali other policies and procedures set forth in the City of College Station Policies and Procedures Handbook in regard to work related duties. B. Information Responsibilities It is the responsibility of the injured employee and the employee's supervisor to inform the treating Physician of the City's policy on Modified Work Duty. The injured employee and/or the supervisor shall give the treating Physician the Work Status form and a copy of the employee's job description and physical demands of the job. C. Responsibilities of the Supervisor of an Employee on Modified Work Duty It is the responsibility of the Division Head that receives an employee on the Modified Work Duty program to: Supervise the work of the injured employee so that the performance standards of the assigned position are met. C~ly of College Station Employee Handbook Revised June 2004 2. Notify Risk Management if the injured employee fails to meet the performance standards of the position. 3. Notify Risk Management of any physical compliance rules or restriction(s) not adhered to by the injured employee. 4. Notify Risk Management if the injured employee fails to keep a good attendance record or takes time off. D. Termination of Modified Work Duty Assignments Modified Work Duty assignments are temporary and will be discontinued if/when any of the following occurs: 1. The treating Physician returns the injured employee to full duty without any restrictions. 2. The treating Physidan temporarily prohibits the injured employee from continuing with a Modified Work Duty assignment. 3. There is no longer any task available within the City, which can be performed by the injured employee, given their current restrictions. 4- The injured employee faiLs to meet any performance measures of the assigned position. 5- The treating Physician indicates that the injured employee has reached maximum medical improvement and will or will not be able to return to their prior position. 6. An injured employee has been on a Modified Work Duty assignment for a period of three (3) months, which is the maximum time allowed for any employee to remain on Modified Work Duty. 7- The injured employee fails to comply with ail rules, regulations, and stipulations of the Modified Work Duty program and/or policies of the City of College Station. E. Contact Person Any program questions or concerns should be directed to the Risk Management staffpersonnel. 8.o5. Vehicle Driving Policy A. Policy The City is committed to pwmoting safe and responsible driving for all of its employees. To ensure this commitment is followed through, the City has established this policy of standards and requirements for employees with job duties and responsibilities that require them to drive City owned or rentedfleased vehicles, or privately owned vehicles while conducting author/zed City business. City of College Statton En~loyec Handbook Revised June 2004 B. Driving Certification[Standards Employees who drive vehicles applicable to this policy must conform to the following standards: 1. Be at least 18 years of age. 2. pnssess a valid Texas driver license for the type of vehicle to be operated, as indicated below. Class C License operates a single vehicle with gross vehicle weight ("GVW") rating of less than 26,oox pounds, or any such vehicle towing either a vehicle with a GVW rating that does not exceed ~o,ooo pounds; a bus with a seating capacity of less than 24 passengers, including the driver, does not include motorcycle or moped. Class A License - Commercial Driver's License (CDL) operates any combination of vehicles with a gross combination weight rating of 26,ool pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed exceed lO,OOO pounds; does not include motorcycle or moped. Class B License - Commercial Driver's License - operates single vehicles with a load capacity of over 26,oox pounds or more, any one of those vehicles towing another vehicle with a GVW rating that does not exceed lo,ooo pounds if either vehicle is: (l) designed to transport ~6 or more passengers; including the driver, or (a) used in the transportation of hazardous materials that require the vehicle to be placarded under 49 CPR, Part x72, Subpart F. (3) Possess the appropriate insurance if driving a personal vehicle. Have successfully completed the requirement of the department's road test within 30 calendar days of the date the employee is required to operate a vehicle covered by this policy. This applies to individuals who fall under 2B and 2C. Attend a City sponsored defensive driving course within ninety (90) days after beginning to drive on City business. The defensive driving course will be repeated every three (3) years throughout an individual's employment where driving is necessary. Police and Fire may substitute this stipulation with the annual Emergency Vehicle Operating course. Attend the mandatory commentary (remedial) driving course if involved in a collision in a City vehicle, which is ruled preventable and which has $75o.oo or more in damage to either a City vehicle or a citizen's vehicle. Be able to perform the tasks reqmred for full operational and safe use of equipment, as determined by the guidelines of the Department of Transportation (DOT) and the State of Texas law statutes. C. Mandatory Seat Belt Usage All employees and occupants of vehicles driven by employees on City business must have their seat belts and harness fastened while the vehicle is in motion. This directive applies to City owned or rented/leased vehicles, and privately owned vehicles being used to conduct authorized City business. City of Co11¢g¢ Station Employee Handbook Revised June 2004 D. Driving License Cheeks All employees will have their driving history for the past three (3) years checked at least annually by the Risk Management Division. Any employee who is found to have outstanding warrants will be required to clear these as a condition of continued employment with the City. Any employee who operates a City owned or rented/leased vehicle, or privately owned vehicle to conduct authorized City business, who is found to have a bad driving history may be reassigned to a non-driving position. If there is not a non-driving position available, the employee may be terminated from employment with the City of College Station. In the case of applicants for jobs with the City to whom a conditional offer of employment has been made, the candidate's motor vehicle records must be reviewed before the candidate is hired. If driving a City owned or rented/leased vehicle, or privately owned vehicle to conduct authorized C~ty business is not required for the position, the driving record of the applicant will be retained but not used in considering the applicant for employment. If driving a City owned or rentedfleased vehicle, or privately owned vehicle to conduct authorized City business is a requirement for the job, no applicant who has a record in violation of this policy will be hired in a position that requires driving. If the supervisor decides to hire the applicant, be/she shall not be permitted to drive a City owned or rentedfleased vehicle, or privately owned vehicle to conduct authorized City business until his/her driving record is in compliance with this policy. E. License Suspension An employee who is required to drive a City-owned or rented/leased vehicle or privately owned vehicle while conducting authorized City business, whose driving license has been suspended, must report the suspension to his/her supemsor immediately upon returning to work following the suspension. An employee whose driving privileges have been unconditionally suspended shall not drive any City owned or rented/leased vehicle, or privately owned vehicle while conducting authorized City business. An employee who is required to drive any City-owned or rented/leased or privately owned vehicle as part of his/her duties, but whose Texas driver license has been suspended for thirty (3o) days or less, may be reassigned to a non-driving position ff the employee meets the qualifications of the position and such position is available. If the employee cannot be reassigned he/she will be terminated for inability to perform all of his/her job duties. Driving Violations An employee shall not be allowed to or may lose their privilege to drive a City owned or rented/leased vehicles, or privately owned vehicle to conduct authorized City business if they have: Had three (3) moving violation convictions during the last twelve (12) month period; or Had five (5) moving violation convictions during the last twenty-four (24) month period; or 3. Has accumulated five (5) or more points as determined by tbe Accident Review Board, within a thirty-six month period; or 4- Had a DWI/DUI conviction, to include deferred adjudication and/or nolo contendre, during the last 36 month period; or C~ty of College Station Employee Handbook Revised June 2004 59 5. Failed to meet the physical standards of the DOT or the State of Texas regulations. 6. Lost, or loses, State of Texas driving privileges by mason of revocation, suspension, withdrawal, or denial of license to drive. 7. Failed to successfully pass the Department of Transportation's (DOT) road test. The Department Director may also suspend an employee's driving privileges if the employee's health or any condition or combination of conditions causes him/her to be considered dangerous to either persons or property. G. Notification of Driving Violations An employee who is required to drive City owned or rented/leased vehicles or privately owned vehicles while conducting authorized City business is required to notify his/her immediate supervisor within one working day of receipt of violations which reflect serious hazard or disregard for public safety, including but not limited to such offenses as: a. receiving a citation for operating a vehicle under the influence of alcohol or any controlled substance; b. recciving a eltation for leaving the scene of an accident; c. receiving a citation for driving under suspeusion or revocation of any driver's license. d. Under review by the Medical Advisory Board. The immediate supervisor is then required to notify the Department Director, Risk Management, and Human Resources Depad,uent. An employee who is required to drive City owned or rented/leased vehicles or privately owned vehicles while conducting authorized City business is required to notify his/her immediate supervisor within one working day of any property damage incidents or moving violations involving City owned or rented/leased vehicles or privately owned vehicles while conducting authorized City business. The immediate supervisor is then required to notify the Depa,huent Director, Risk Management and Human Resources Department. o An employee who is required to drive City owned or rented/lensed vehicles or privately owned vehicles while conducting authorized City business, who receives a citation listed in this paragraph or like violations will lose his/her driving privilege. The employee may be reassigned to a non-driving position, if available. The employee may be terminated from employment ifa non-driving position is not available and/or upon conviction of the offense. 4. Failure to report the citation listed in th~s paragraph or like violation will result in disciplinary action including termination of employment. 8.06. City Owned Vehicle Use Procedures City-owned vehicles shall be assigned and used strictly in the performance of official job duties. City of College Station Employee Handbook RevJsed June 2004 6O It shall be the responsibility of all operators of motor equipment to report to their supervisor any defect in the mechanical equipment and to use every precaution to prevent additional property loss, expense, or recurrence of such conditions. City-owned vehicles shall be used primarily to transport City employees and individuals with legitimate business-related reasons. Any other individual must have the prior approval of an employee's supervisor before being transported in a City-owned vehicle. With prior authorization and approval of the supervisor, employees who are on call may take City vehicles home overnight to ensure emergency response. Limited personal use of the vehicle will be allowed as long as such use is within the travel route to and/or from the worksite or the employee's home. 8.07. Taxable Use of City-Owned Vehicles - Commuting Internal Revenue Service regulations require that the City treat the commuting benefit of a City-owned vehicle as a taxable fringe benefit. Under this ~gulation, any employee authorized to take a city-owned vehicle home at night must be charged a fiat rate per day. The rate amount is established by IRS regulations. This charge is categorized as a non-cash taxable fringe benefit. Tax is not charged if the vehicle remains on City property during night time hours. The taxable benefit will be calculated based on the number of work days that a City-owned vehicle is used for commuting purposes Exempt Vehicles: Designated Police and Fire vehicles. To be exempt, the employee using the vehicle must be subject to call at all times. City trucks, if the employee is required to take the vehicle home at night for the purpose of responding to emergencies. 3. Ambulances, dump trucks, garbage lrucks, buses with a capacity in excess of 20 people, cherry pickers. 8.08. Substance Abuse Policy A. Policy It is the policy of the City of College Station that employees shall not be impaired and under the influence of alcohol or drugs while subject to duty, nor report for work following the use of alcohol or drugs, where such use may impair the employee's ability to perform assigned duties. The possession and use of illegal substances is strictly prohibited and will not be tolerated. The use of medically prescribed medications and drugs is not a violation of this policy. It Is, however, the respousibflity of the employee to notify his/ber supervisor, prior to beginning work, of any substance, which to the employee's know]edge might interfere with the safe and effective performance of duties or operation of City equipment. Failure to do so may result in disdpline, up to and including termination. In the event there is a question regarding an employee's ability to perform safely and effectively the duties of his/her job or operation of City equipment as a result of medications or drugs, clearance from a qualified physician may be required. C~/y of College Statmn Employee Handbook Rewsed June 2004 61 The City reserves the right to search, without employee consent, all areas and property, which the City maintains control or joint control with the employee. The City may also notify the appropriate law enforcement agency that an employee may be impaired or have illegal drugs in his or her possession or in an area not jointly controlled by the City. Refusal to submit to alcohol and/or drug analysis when requested by C~ty management or law enforcement personnel shall constitute insubordination and shall be grounds for termination. An employee reasonably believed to be impah'ed and under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be requested to remain at the worksite for a reasonable time until he/she can be safely transported from the work site. The employee will be required to submit to an alcohol and/or drug test. The City is committed to providing a reasonable accommodation to those employees whose drug or alcohol addiction may qualify them as a qualified individual with a disability under the Americans With Disability Act of x99o. The City has a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drag problems. Participation in this program is kept confidential. Employees should contact their supervisors or Human Resources for additional information. B. Employee's Responsibilities An employee must: Not report for work or be subject to duty while his/her ability to perform job duties is impaired due to on or offduty alcohol or drug use. Not possess, provide, or use alcohol or impairing drugs (illegal and prescription chugs) during working hours or while subject to duty, on breaks, during meal periods, or at anytime while driving or being transported in a City owned or rented/leased vehicles or privately owned vehicles while conducting authorized City business, or while in a City-operated facility, or on City property. 3. Submit immediately to an alcohol or drug test when requested by City management or law enforcement personnel. Notify his/her supervisor before beginning work, when taking medications or drugs, prescriptions or non-prescription that the employee knows may interfere with the safe and effective performance of duties or operations of aty equipment. Provide within twenty-four (24) hours of request, bona-fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen test is positive. The prescription must be in the employee's name. Notify departmental management, Human Resources and Risk Management within one working day of any arrest or conviction (including pleas of nolo contendere) for any alcohol or drug offense. B. Management Responsibilities and Guidelines 1. Managers and supervisors are responsible for distribution and reasonable enforcement of this policy. City of College Station Employee Handbook R. ev~scd June 2004 62 Managers end supervisors with approval from their Department Director or designee and the Human Resources Department may request an employee to submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspidon that an employee is under the influence of drugs or alcohol while on the job or subject to being called. "Reasonable Suspicion" is a belief based on objective facts and or observable on-duty behavior suffident to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol to the extent that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. Any of the following (but not limited to the following), alone or in combination may constitute reasonable suspicion: a. Slurred Speech; b. Alcohol and/or odors on breath; c~ Unsteady walking and movement; d. An accident involving City property or while on duty; f. Verbal altercation; g. Unusual behavior; h. Possession of alcohol or drugs; i. Information obtained from a reliable person with personal knowledge. Any manager or supervisor requesting an employee to submit to a drug and/or alcohol test should document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drngs. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol enalysis upon request shall remind the employee of the requirements end disciplinary consequences of this policy. Where there is a reasonable suspicion that the employee is under the influence of alcohol or drugs, the rmmager or supervisor should request that the employee remain in the workplace for a reasonable time until the employee can be safely transported home. Managers and supervisors shah not physically search employees, nor shall they search the personal possession of employees without the consent of, end in the presence of, the employee. Managers and supervisors shall notify the/r Department Director or his/her designee and the Human Resources Depadment when they have a reasonable suspicion to believe that an employee may have alcohol and/or iilegal drugs in his/her possession or in the area not jointly or fully controlled by the City. If the Department Director or his/her designee end the Human Resources Department concur that there is a reasonable suspicion of illegal alcohol and/or drug possession, the Department Director shall notify the appropriate law enforcement agency. Chty of College Station Employee Handbook Rewsed June 2004 63 D. Physical Examination The drug and/or alcohol test may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to prescription medication, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. An initial drug and/or alcohol test will be conducted. An employee will be notified that a drug and/or alcohol test will be performed and the employee's consent will be obtained prior to any such test being performed. E. Results of Drug and/or Alcohol Analysis 1. Applicant Testinz Final candidates for employment with the City will be required to undergo a drug test prior to being made a formal offer of employment. The City shall not engage, employ or otherwise give a commitment of employment to a final candidate fur a job position unless that person successfully passes a drug test. (Refer to New Hire Conditional Requirements). If a pre-employment drug test and/or alcohol test result is positive, the final candidate must provide within 24 hours of request, a bona fide verification of a valid current prescription for the drug idenhfied in the drug screen. If the prescription is not in the final candidate's name or the final candidate does not provide acceptable verification, or ff the drug is one that is likely to impair the final candidate's ability to perform the job duties, the final o~ndidate may not be hired. The applicant will be ineligible for employment with the City for a period of one (1) year. (Refer to New Hire Conditional Requirements). 2. Employee Testin~ Employees can be tested in the following circumstances: · Random test if employee is in a DOT position that requires a commercial driver's license · Promotion/lransfer/demotion/reclassification into DOT position · Reasonable suspicion test · Post accident test if in a DOT position · Return to duty test if in a DOT position be If a drug and/or alcohol screen result is positive, the employee must provide within 24 hours of request, a bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the employee's name or the employee does not provide acceptable verification, or if the drug is one that is likely to impair the employee's ability to perform the job duties, the employee will be terminated. c. Failure to submit to a management request for a drug and/or alcohol test shall constitute insubordination and will result in termination of employment. City ofCollege Stallon En~loyee Handbook Revised June 2004 F. Confidentiality Laboratory reports or test results shall not appear in an employee's general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Human Resources Director. The reports or test results may be disclosed to City management on a std~y need-to-know basis and to the tested employee upon request. Disclosures, with patient consent, may also occur when: The information is compelled by law or by judidal or administrative process. 2. The information has been placed at issue in a formal dispute between the employer and the employee. 3. The information is to be used in achninistering an employee benefit. 4. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 8.09. Drug & Alcohol Policy For Commercial Driver's License Holders A. Policy Effective January l, 1995, employees required to hold a Commercial Driver's License (CDL) are subject to drug and alcohol testing regulations. These roles will be enforced by the U.S. Department of Transportation. The types of tasting required are: pre-employment tests, post-acc/dent testing, random drug testing, reasonable suspicion testing, and return to duty testing. Alcohol Testing Alcohol tests will be conducted with evidential breath testing devices by a trained technician. A screening test will be conducted first. Any result less than .02 alcohol concentration will be considered a ~negative" test. If the concentration is .o2 or greater, a second confirming test will be conducted. If these results are greater than .o2 but less than .04, the employee would not be in violation, but would be removed from driving a commercial vehicle for 24 hours, or until a re-test is less than .02. Employees who test .o4 or greater would be in violation. Dmz Testing A lab certified by the Department of Health and Human Services will conduct drug testing. This testing will be done by collecting a urine sample. The sample will be split into a primary and secondary spedmen that can be used for further testing if needed. Ali primary tests that test for prohibited dregs will be subjected to a confirming gas chromatography/mass spectrometry (GC/MS) analysis. If this test is also positive, the employee may request within 72 hours to have the secondary sample analyzed by another approved lab at the employee's expense. If this test is also positive, the employee will be removed from the safety-sensitive function, if the drug test resulted from the unauthorized use of a controlled substance. If the second lab fails to confirm the positive drug test, the results will be overturned, and the test is shown as canceled. Under the Department of Transportation drug-testing regulations, all urine spedmens are analyzed for the following dntgs: (~) marijuana (THC metabolite), (2) cocaine, (3) amphetamines, (4) opiates (including heroin), and (5) phencyclidine (PCP). C~ty of College S~at~on Employee Handbook Rev:sod June 2004 B. Types of Testing Required: Pre-Emplo_~ent Drug Testing Ali final candidates being considered for employment for positions requiring a CDL will be given a drug test. A positive drug test will result in the final candidate not being hired. (Refer to New Hire Conditional Requirements). Post-Accident Testing Post-accident testing for alcohol must be done within 8 houm and for drugs within 32 hours. This testing must be performed after any on-the-job accident involving a commercial motor vehicle driver that results in: a. A fatality (regardless of who was at fault); b. An injury treated away from the scene; c. A Citation for a moving traffic violation; d. Towing the vehicle from the scene. e. The City's policy is to test all CDL licensed drivers, as required by the City, when involved in an accident on a roadway. For the purposes of this policy, a 'roadway' is defined as any sudace designed, improved, or ordinarily used for vehicle travel. This includes public parking lots. Random Drug and Alcohol Testing Random drug and alcohol testing will be conducted to determine whether CDL employees are engaging in proh~ited drug use or alcohol misuse. The testing will be done on an unannounced, unpredictable basis, and will be spread throughout the year. Random sample selection of employees will be done via a computer program. Reasonable Susoicion Testing Employees will be tested if the Supervisor has 'probable cause" to do so. This entails observable behavior or the appearance of alcohol or drug use. Return to Duty Testing An employee who has violated the standards (.o2 to less than .o4) regarding alcohol must be tested before they may return to duty. The alcohol test must indicate a concentration of less than .o2. C. Consequences of a Positive Alcohol/Drug Test An employee testing .o2 to less than .o4 for alcohol would require a return to duty test, with a concentration of less than .02. An employee testing .04 or above will be considered in violation/md will be removed from duty, pending a termination hearing. Once an employee has a positive test for drugs, he will immediately be removed from duty, pending a termination hearing. Employees who test positive for drugs or alcohol will be terminated. Refusal to submit to testing shall result in termination. 8.xo. Smoking and Tobacco Use Policy The City of College Station endeavors to provide a healthy environment, therefore prohibits any form of tobacco consumed in City buildings. Additionally, no smoking or tobacco use is allowed within a twenty foot (2o') radius of exterior entrance way. City of College Station Employee Handbook Revised June 2004 66 8.11. Workplace Violence Policy The City of College Station has a sero tolerance policy for violence in the workplace. Workplace violence is defined as any act that results in threatened or actual harm to a person or property. The City will not tolerate the following conduct or behavior: · Threats, direct or implied; · Physical conduct that results in harm to people or property; Possession of deadly weapons on city property, other than sworn peace officers; (a deadly weapon is defined aa any instrument, device or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used aa a weapon). · Intimidating conduct or harassment that disrupts the work environment or results in fear for personal safety. B. Employee Responsibility All City employees are respons~le for notifying their immediate supervisors, Department Directors and the Human Resources Department of: 1. Any threats they have witnessed, received, or have been told that another person has witnessed or received. Any legal protection order they have obtained, such as a "No Contact" or "Anti-Harassment" or restraining order, against any other individual, and the employee believes the individual may attempt to contact that employee at the workplace in violation of the protective order. 3. The existence of any other non-work-related situation that may cause harm to the employee in any way in the workplace. To the extent possible the City will keep the identity of the reporting employee confidential. However, under certain circumstance,% the City may need to disclose the ~perting employee's identity (for example, to protect the employee's safety). The City will not tolerate retaliation in any form against an employee who makes a report of workplace violence. Any person who makes threats, exhibits threatening behavior, or engages in violent acts on City property will be removed from the premise aa quickly aa safety permits and shall remain off city premises pending the outcome of an investigation. If necessary, the Police Department may be summoned to remove the person. If, after a thowngh investigation, the City determines that workplace violence has occurred, appropriate corrective action to ensure such behavior is not repeated will be taken. Corrective action may include, but is not limited to, suspension and termination of any business relationship, discipline up to termination, and criminal prosecution of those involved. Chty ofCollegv Statton Employee Handbook Revised June 2004 67 8.12. Concealed Weapons Policy City employees, other than sworn peace officers, shall not use, conceal, carry or maintain a concealed firearm or any other dangerous weapons of any type at any work location or while working in any capacity for the City of College Station. This prohibition applies even if an individual is licensed in his/her private capacity to carry a concealed weapon. In addition, any other related object carried for the purpose to injure or intimidate others is not permitted in the workplace, City-owned or rentedfleased vehicles or privately owned vehicles while conducting authorized City business, or City facilities. Any violation of this policy may subject an employee to disciplinary action to include termination of employment. 8.13. Guidelines for Emergency Operations The City of College Station's Guidelines for Emergency Operations (OEO) provide direction for City staff to implement measures to be taken to mitigate, prepare for, respond to, and recover from the effects of war, natural disasters, technological accidents, and all other types of major incidents. It is a dynamic document that is updated frequently and published under separate cover. All departments within the City have emergency functions in addition to normal duties; however, the particular role is situation dependent. Each depa~h.ent is responsible for developing and maintaining their own, more detailed and specific Guidelines for Emergency Operations. Depa, l,l~ent Directors and their management staff are responsible for ensuring their employees are familiar with the County Inter-Jursidictional Plan (to which College Station is a signatory) and to both the City's Guidelines and the depa,~,,,ent's Emergency Operations procedures and what is expected of him/her in an emergency situation. C~ly of College Station Employee Handbook Revised June 2004 68 SEt;l'lON 9: EMPLOYEE CONDUCT 9.ol. Code of Ethics The employees of the City of College Station have earned the trust of the citizens of College Station. This earned trust means there is a special responsibility for Ctty employees to maintain the highest ethical standards and to conduct themselves so as to justify the public's confidence in the City employees. Employees of the City of College Station shall adhere to the following standards: Uphold the Constitution and laws of the United States and State of Texas and the laws, ordinances and policies of the City of College Station. 2. Be honest and trustworthy in all they say and write. 3. Be dedicated to providing quality services. 4. Be cooperative, constructive, and efficiently use all available resources. 5. Be fair and considerate in the treatment of fellow employees and citizens, addressing concerns and needs with equity, granting no special favors; 6. Be committed to aecomplishing all tasks in a superior way, and abstaining from all job behavior that may tarnish the image of the City of College Station; 7. Recngnize that public and political decisions are ultimately the responsibility of City Council; and 8. Be dedicated to service to improve the quality of life in the City of College Station. Employees are encouraged to report any suspected violations of this Ethics Policy to their supervisor, depal'hnental management, the Human Resources Director, or any other member of management. No employee is required to complain to his/her supervisor if that person is the person suspected of violating this Ethics Policy, or condoning such behavior. Every complaint of suspected violations of this Ethics Policy will be investigated promptly and thoroughly, and in a manner as confidential as possible. Where appropriate, corrective action will be taken. In no case will the City tolerate any form of retaliation against an employee who makes a complaint of a suspected violation of this Ethics Policy, or who cooperates in the investigation of such a complaint. If an investigation reveals that an employee has violated this Ethics Policy, or retaliated against another employee for complaining of unethical behavior, or cooperating in an invcsfigat~on of such harassment, the offending employee will be disciplined which may include termination of employment. 9.02. Council Contacts Employees at the City of College Station assigned directly or indirectly to the City Manager do not have the need or authority to discuss matters affecting their employment or working conditions with members of the C~ty Councd. Chly ofCollege Slat~on Employee Handbook Revised June 2004 69 Employees with problems of this nature should follow their department's organizational chart, chain of command, and/or the grievance procedure as established in the Employee Handbook. Employees are not prohibited from discussing matters of public concern. This policy does not apply to the City Manager, City Secretary, City Attorney, and Municipal Judge who are appointed by the City Council. 9.03. Political Activity The following provisions govern political activity by City employees. A. In Uniform or During Working Hours While in uniform or during working hours, an employee of the City may not engage in any political activity relating to a campaign for an elective office. For the purposes of this policy, a person engages in political activity if the person: l. makes a public political speech supporting or opposing a candidate; 2. distributes a card or other political literature relating to the campaign of a candidate; 3- wears a campaign button; 4. circulates or signs a petition for a candidate; 5. solicits votes for a candidate; or 6. solicits campaign contributions for a candidate. B. Out of Uniform and Not During Working Hours While out of uniform and not during working hours, an employee of city may engage in political activity relating to a campaign for an elective office, including each activity listed above. C. Employees Seeking Political Office Any City employee who files for a City of College Station City Council position automatically resigns from his/her City employment. If the employee is unsuccessful in his/her attempt, he/she may reapply for employment with the City. The decision as to whether or not the employee should be considered for re-employment will be based upon the criteria set forth in section 3.13, Employment Separation. A City employee who is elected to any other political office should report the election to his/her Department Director and the Human Resourees DLrector. The Department Director and the Human Resources Director will determine if potential conflicts of interest or other reasons exist that could require the employee to resign from his/her City employment. City o£College Station Employee Hatsibook Revssed June 2004 7O 9.04. Conflicts of Interest The Charter of the City of College Station provides that no employee of the City shall have a finandal interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land, materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital of the corporation. Any willful violation of this policy will result in termination of employment. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. 9-o$. Professional Appearance of Employees It is the policy of the City of College Station that each employee's dress, grooming and personal hygiene should be appropriate to the work situation. During business hours or when representing the City of College Station, employees are expected to present a professional, businesslike image to the public. On certain days or occasions, employees are allowed to dress in a more casual fashion than normal. On these days or occasions, employees are still expected to present a neat appearance. All City employees should follow the following professional appearance standards: · Employees should not wear suggestive attire such as tank tops, tube or halter tops, shortz, or cutoffs. · Employees should not wear unnaturally colored hair and extreme hairstyles that do not present an appropriate professional appearance. · Employees should avoid wearing excessive makeup. · Employees should not have offensive body odor or poor personal hygiene · Employees should not wear professionally inappropriate fadal jewelry, such as eyebrow rings, nose tings, lip rings and tongue studs during business hours. · Employees should not reveal professionally inappropriate tattoos during business hours. Department Directors are responsible for establishing reasonable dress codes for their individual departments that are appropriate for the job being performed. Certain employees may be required to wear uniforms. These uniforms are supplied by the City at no cost to the employees. Employees may be responsible, however, for replacement cosCs for lost or damaged uniforms. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the workplace until he/she is properly dressed or groomed. Under such cireumstances, the employee may be required to use accrued vacation or compensatory time to compensate for any work time missed because of failure to comply with this policy. C~ty of College Station Employee Handbook Revised June 2004 71 9.06. Acceptance of Gifta It is the policy of the City of College Station that no employee shall accept or solicit any money, property, or any other item of value, which could be perceived in any way as intent to influence the employee in his/her official capacity. Any ~ or money received by an employee must be approved by the Department Director and shared with other employees in the department. An award or gift received in a public ceremony may be accepted by an individual employee when approved by the Department Director. 9.07. Solicitation It is the policy of the City of College Station to limit solidtation and distribution of literature by vendors and/or employees in the workplace or within the community (on behalf of the City). Solicitations must have the prior approval of the City Manager or his designee. 9.08. Se~o~nl Harassment The City of College Station is committed to providing a workplace free of sexual harassment. Such harassment is prohibited and will not be tolerated. The City will make every reasonable effort to protect employees from sexual harassment by managers, supervisors, and co-workers. Similarly, the City will not tolerate sexual harassment by non-employees with whom our employees have dealings on the job. Sexual harassment includes verbal and physical conduct that is sexual in nature and which creates an offensive or hostile working environment that interferes with work performance. Examples might include any activity from telling offensive jokes and posting of offensive materials to requests for sexual favors or other unwelcome sexual advances. Employees are urged to report all incidents of sexual harassment to their supervisors, the supervisors of the offending employees, or the Human Resources Depa~ h.ent. No employee is required to complain to his/her supervisor if that person is the person sexually harassing the employee, or condoning such activity. Every complaint of sexual harassment will be investigated promptly and thoroughly, and in a manner as confidential as possible. Where appropriate, corrective action will be taken. In no case will the City tolerate any form of retaliation against an employee who makes a complaint of harassment or who cooperates in the investigation of such a complaint. If an investigation reveals that an employee has sexually harassed another employee, or retaliated against another employee for complaining of sexual harassment or cooperating in an investigation of such harassment, the offending employee will be disciplined which may include termination of employment. If the harassing party does not work for the City but is engaging in sexually harassing behavior to a City employee on the job or on account of the job, the City will take corrective action to remedy the situation. 9.09. Other Forms of Harassment Harassment based upon factors such as race, color, sex, religion, national origin, age, disability, or other protected basis includes verbal, physical and visual conduct that creates an offensive or hestde working environment that interferes with work performance. Examples might include any activity from telling offensive jokes and posting of offensive materials to name calling or using slurs in the workplace. C~ty of College Station Employee Handbook Revised June 2004 72 Employees are urged to report ail incidents of harassment based upon factors such as race, color, sex, religion, national origin, age, disability or other protected basis to their supervisors, the supervisors of the offending employees, or the Human Resources Department. No employee is required to complain to his/her supervisor if that person is the person harassing the employee, or condoning such activity. Every complaint of harassment will be investigated promptly and thoroughly, and in a manner as confidential as possible. Where appwpriate, corrective action will be taken. In no case will the City tolerate any form of retaliation against an employee who makes a complaint of harassment based upon factors such as race, color, sex, religion, nationai origin, age, disability, veteran status, or other pwtected basis or who cooperates in the investigation of such a complaint. If an investigation reveals that an employee has harassed another employee based upon factors such as race, color, sex, religion, nationai origin, age, disability, or other protected basis, or retaiiated against another employee for complaining of harassment or cooperating in an investigation of such harassment, the offending employee will be disciplined which may include termination of employment. If the harassing party does not work for the City but is engaging in harassing behavior to a City employee on the job or on account of the job, the City will take corrective action to remedy the situation. 9.xo. Reporting An Arrest Employees of the City of College Station are required to notify their immediate supervisor when they have been arrested for, charged with, or indicted on misdemeanor or felony criminal charges within one working day of the event. For the purposes of this policy, a workday is defined as Monday through Friday, excluding holidays when offices are closed. An employee's arrest or indictment for a criminal misdemeanor or felony charge is not sufficient grounds by itzelf for disciplinary action to be taken against the employee. The employment status of such employees shail be determined on a case-by-case basis, and in a consistent and fair manner. An employee may, however, be disciplined for failure to report such actions. Notification Process: Notification may be made by telephone or in person. The employee shail provide the following information when contacting the employee's supervisor: · Name of the jurisdiction/authority; · Location (city or county and state) of the alleged offense; · Nature of the arrest/allegation/charge; and · Release status (e.g., held without bail, release pending, bond posted). The employee's immediate supervisor shail provide the information tn the Department Director and the Human Resources Department. Return to Work: An employee shall not report to work after being arrested, charged, or indicted unless the employee has received permission to return from his/her immediate supervisor. 4. If an employee is not allowed to return to work until a review can be made, the employee may use accrued vacation and/or compensatory time, or be placed on a leave without pay status. C~ty of College Skatlon Employee Handbook RevJsed June 2004 73 5. If an employee is not allowed to return to work due to an ex'tended period of incarceration, he/she may be terminated for inability to report to work. The Deparhuent Director, the Human Resources Director and the Legal Depa,huent will make a review of the circumstances. The purpose of the review shall be to determine, based on the preponderance of the information, if a violation of a City policy has occurred. The review may include written reports of the event, consultation with the arresting officials, and information voluntarily provided by the employee regarding the arrest. If it is determined that a policy violation has occurred, disciplinary action will be imposed to include termination of employment. Even if there is no policy vinlation, it maybe determined that the employee cannot continue to effectively function in the employee's previously assigned position pending resolution of criminal charges. In such instances, the employee may be terminated from employment with the City of College Station. o Status Updates: An employee who has been arrested, or indicted for criminal charges is responsible for keeping his/her immediate supervisor, Department Director and Human Resources Director fully updated on the status of the employ~'s case. 9.11. Computer Software Use Policy The City of College Station and its employees shall comply with all applicable legal requirements concerning the reproduction and use of computer sofbvare as outlined below: U.S. Copyright Law allows soft, rare to be copied for backup purposes only. Reproduction of software for any other reason constitutes a violation of'rifle 17 of the Copyright Act of 1976 es amended by the Computer Sof0,vare Protection Act of 198o and wi]] not be tolerated by the 2. Making copies of computer software to do City and/or personal projects at home, or to share with others is stdetly pwhibited. o SoR-ware purchased for and in use on one computer may not be used on a second computer simultaneously. If there is a valid business need for additional copies of the sol,rare, they will be purchased through established procurement channels. 4. Computers, software and/or associated documentation may not be removed from City property without prior approval of the Department Director. A violation of this policy will result in disciplinary action to include termination. 9.12. Internet Policy This policy sets forth the City's guidelines in regards to the access and use of the Intemet system. A. Use of lnternet On-line services and the Internet, like other City of College Station technologies property, are to be used for business purposes. Only employees specifically authorized by the City may access on-line services and the lnternet. City ofCollege $latmn Employee Handbook Rewsed Jtmc 2004 74 B. Personal Access of the Internet System Occasional use of on-line services and the Internet system for personal masons is antidpated. However, employees should exerc/se good judgment and restraint when accessing on-line services and the Internet for personal reasons. Further, personal use of the Internet system must not interfere with the performance of job duties. Department Directors and Supervisors will establish procedures and guiddines for determining when personal access of the Internet system is excessive and/or intederea with work performance. C. Copyright Infringement To prevent any pussfole copyright, trademark, patent or intellectual property violations, the authority to load any soil, rare on City computers is limited to the Director of the Office of Technology and Information System or his/her designated staff. Internet users shall not duplicate or download from the Internet or e-mail any software or materials that are copyrighted, patented, trademarked, or otherwise identified as intellectual property without express permission from the owner of the material. D. Personal Passwords The Director of the Office of Technology and Information System or his/her designee has the authority to override any individual password and give management access to an employee's computer in order to insure compliance with City policy. E. Internet Access Monitored The Internet system is City property. An employee's access of on-line services and the lnternet constitutes the employee's implied consent to the review. The Internet system is subject to continuous or random review by Management in an effort to maintain and raise standards for customer service, to enforce limited personal use and to ensure policy compliance. F. Prohibited Access to Inappropriate Material Access to the lntecnet may not be used to harass or embarrass anyone nor for any fraudulent, sexually explidt, profane, obscene, intimidating, de/amatory, or otherwise unlawful or inappropriate purpose. O. Solicitation Internet access shall not be used to solicit, advertise or otherwise market for outside business ventures, personal parties, social meetings, charities, membership in an organization, or ether matters not connected to the City of College Station. H. Discipline Improper access and use of the lnternet could result in disciplinary action, up to and including termination. City of College Slat~on Employee Handbook Revtsed June 2004 75 9.13. Electronic Mail and Voice Mail Policy This policy sets forth the City's guidelines in regards to the use of the Electronic Mail and Voice Mail systems. A. Regulated Use of E-Mall and Voice Mail Systems The e-mall and voice mail systems are to be used for internal and external business communications. Only employees specifically authorized by the City may use the e-mail and voice mail systems. B. Personal Use of E-Mail and Voice Mail Systems Occasional use of the e-mail and voice mall systems for personal reasons is anticipated. However, employees should exercise good judgment and restraint when using the e-mail and voice mall systems for personal reasons. Further, personal use of the e-mall and voice mail systems must not interfere with the performance of job duties. Department Directors and Supervisors will establish procedures and guidelines for determining when personal use of the e-mall and voice mail systems is excessive and/er interferes with work performance. C. Personal Passwords The Director of the Office of Technology and Information Services or his/her designee has the authority to override any individual password and give management access to electronic (e-mail) and voice mail messages. D. P_,-Mail and Voice Mail Monitored The e-mall and voice mail systems, including the messages transmitted or stored by them are solely City property. An employee's use of the e-mall and voice mail system constitutes the employee's implied consent to the review of any messages. The e-mail and voice mail system is subject to continuous or random review by Management in an effort to maintain and raise standards for customer service, to enforce limited personal use, and to ensure policy compliance. E. Prohibited Use of Inappropriate Material in E-Mall and Voice Mail Systems The use of any material in the e-mail and voice mall systems that is fraudulent, harassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate is prohibited. F. Solicitation Neither e-mail nor voice mail shall be used to solicit, advertise or otherwise market for outside business ventures, personal parties, social meetings, charities, membership in any organization, or other matters not connected to the City of College Station. G. Discipline Improper use of the e-mail and voice mall policy could result in disciplinary action, up to and including, termination. C:ly ofCollege -qla/~on Employee Handbook Revised June 2004 76 9.~4. CRy Owned Cellular Phone Policy The policy sets forth the City of College Station's guidelines for the assignment, use, and control of City owned cellular telephones and to ensure such equipment is used in the must efficient and ethical manner. The acquisition and use of cellular phones by City of College Station departments and employees shall be in accordance with this procedure. A. Eligibility & Acquisition The assignment of a cellular telephone is based on an employee's need for immediate two-way communication with his]her office, other City departments, outside orgimiTatious, and/or City of College Station citizens. Such assignments must be fully justified and approved by the Department Director prior to an employee acquiring a cellular telephone. The assignment of cellular phones should not be considered a benefit to City employees, but necessary tools in service delivery. The Department Director should not assign cellular phones when a less costly alternative is safe and effective (i.e. pager, two-way radio, normal landiine phone, etc.). Examples of justified use may include (but are not limited to): City staff who are f~equently in a vehicle, must conduct City business by telephone while in the fidd, and it can be shown that cost savings and customer service effciency will be realized thmngh the use of such devices; · City staff who are on-call and/or operate a twenty four (24) hours per day, seven (?) day~ per week operation and require a means of two-way communication al~er regular hours; City staff who have a critical need to maintain accessibility with other department employees or public officials in order to ensure uninterrupted customer service and/or the integrity of the organization; City staff who hold a public safety pusition and need to provide immediate and direct telephone communications with citizens, outside agencies cooperating in operations, or other resource entities outside of City government and City staff who may be involved in emergency response activities. Once an employee has been approved, the completed justification form must be returned to the Purchasing Division for processing. The Purchasing Division shall maintain a master list of all staff that has a City owned cellular phone. In addition, all City owned cellular telephones will be acquired through the City's contract provider. It shall be the respons~ility of each department direaor to ensure that sufficient funds are budgeted for the monthly operational costs associated with cellular equipment prior to assigning a cellular telephone to an employee. Please note that cell phone expenditures should be charged to each division's 'Mobile Phone" line item within their budget B. Use of City Owned Cellular Phones Cellular telephones are to be used to conduct municipal business and should not be misused for personal communication. · Cellular phones should not be used when a less costly aiternat~ve is safe, convenient, and readily accessible (i.e. two-way radio, normal iendline phone, etc.). City of College Station Employee Handbook Revised June 2004 77 · Using a cellular phone while operating a vehicle is strongly discouraged. Cellular transmissions are not secure; therefore, employees should use discretion in relaying confidential information. Reasonable precautions should also be made to prevent equipment thef~ and vandalism. C. Personal Use With City Owned Cell Phones All City owned cellular phones are a public resource. Occasional use of cell phones for incidental personal use is anticipated. However, employees should exercise good judgment and restraint when using City owned cellular equipment and service for personal reasons. Further, personal use of cellular service must not interfere with the performance of job duties. D. Reimbursement Procedures City owned cellular phones shall be used predominately for official City use. In the event that a personal call is received and/or placed from a City owned cell phone, the employee is responsible for the total cost of the call. The cost for personal use of city-issued cellular phones shall be based on rates that are applicable to the City's overall cellular phone system. The employee shall: · Review the monthly cellular phone bill; · Identify and highlight any personal calls; Sign and date the billing statement verifying that all information is correct, attach payment for their portion of the bill, and forward all documents to the Department Director for signature approval. NOTE: It is the responsibility of the employee to provide reimbursement to the Accounting Department within ten (lo) business days receipt of a statement. Failure to make the reimbursement within the set time period may result in disciplinary action up to and including termination. E. Cellular Phone Misuse Any abuse which indicates inordinate use of cellular devices will be considered misconduct and neglect of duty, subject to removal of cellular phone usage and/or disciplinary action up to, and including termination. F. Cellular Phone Maintenance Each employee who is assigned a City owned cellular phone is responsible for good care and maintenance of the assigned phone. The employee may be required to pay for any damage done to or loss of the phone due to his/her negligence. Replacement of any cellular equipment will be for similar or equivalent equipment. O. ~dministration Each department shall be responsible for the administration of the Cellular Phone Policy and Procedures. Any questions or concerns should be directed to the department director. Csty of College Statson Employee Handbook Revtsed June 2004 78 9.x5. Personal Telephone Calls Policy This policy sets forth the City of College Station's guidelines for personal telephone calls. City telephones are for internal and external business communications. Occasional use of city telephones for personal reasons is anticipated. However, employees should exercise good judgment and restraint when using City telephones for personal reasons. Further, personal use of City telephones must not interfere with the performance of job duties. Department Directors and Supervisors will establish procedures and guidelines for determining when personal use of City telephones is excessive and/or interferes with work performance by using the following standards: Personal telephone calls received during business hours must be held to both a minimum number and time limit. When a long-distance call of a personal nature must be placed on a City telephone, the can is to be billed to the employee's home number, credit card, or collect. Violation of this policy will minimally result in cost reimbursement to the City and may subject an employee to disciplinary action. 9.16. Facsimile Machine Usage Poliey It is the policy of the City to allow employees occasional use of a City facsimile machine for personal use when there is no cost to the City and with prior approval of the Departraent Director. 9.17. Theft or Misuse of Property It is the policy of the City of College Station to ensure that the City's property is u~ill,ed for the sole purpose of providing services to the dtizens of College Station. Any employee who steals, intentionally destroys, defaces, or misuses City property shell be subject to termination of employment. This prohibition also extends to the property of employees and others on City premises. Each department is responsible for having procedures to properly inventory and maintain City property under its control. 9.18. City Procurement Card The purchasing card is provided to the City of College Station employees based on their need to purchase business related goods and services. This card is not an entitlement nor reflective of title or position and may be revoked at any time. A Depa,h~ent Director must approve the card. The card shall be used for business related purcha~s only. Personal charges shall not be made on the card. The employee whose name appears on a card is the only person entitled to use the card. Improper use of the card may be considered misappropriation of City funds, which may result in disciplinary action, up to, and including termination. Cardholders must comply with internal control procedures m order to pwtect the City's assets. These pwcedures include keeping receipts, reconciling transactions at least weekly, reviewing monthly statements and following proper security measures. A cardholder must surrender his/her card upon termination of employment (i.e. retirement, voluntary or involuntary termination). All related purchasing policies and procedures must be followed when using the procurement card. These procedures are found in the City's Purchasing Manual. City of College Statton Employee Handbook Revised June 2004 79 SEC'r[o~{ 1o| DISCIPI JNE AND APPEAL PROCEDURES GRIEVANCE PROCEDU]H~-R 10.1. Disciplinary Policy City employees are expected to comply with reasonable standards of job performance and personal and professional conduct. Failure or refusal to meet these standards shall justify reason for disciplinary action. The purpose of this policy is to provide a uniform and consistent approach to employee discipline and establish guidelines fur management actions designed to correct the conduct or pedormance of employees who 1) fail to meet established standards, or 2) have engaged in unacceptable behavior. This policy does not modify the status of employees as emplcyees-at-will or in any way restrict the City's right to bypass the disciplinary procedures suggested. Under normal circumstances, the City endorses a policy of progressive discipline in which an attempt is made to provide employees with notice of deficiencies and an opportunity to improve. Utilizing progressive discipline does not, however, preclude or inhibit t_he City from exercising its right to impose severn discipline, inclodlng the immediate termination of an employee, whenever such action is deemed appropriate. A. Examples of Offenses Subject to Disciplinary Action The following offenses serve as a descriptive guide of the types d offenses for which disciplinary action may be appropriate. This listing is not intended to be exhaustive or inclusive of all types of conduct for which disciplinary action may be taken and shall be supplemented by departmental rules and regulations: 1. Willful and intentional violation of any law, ordinance, city and/or departmental policy. 2. Failure to meet reasonable work performance standards and requirements. 3. Failure to respond to the reasonable orders of representatives of management or neglect of duty. 4. Insubordination 5. Unacceptable attendance record or habitual tardiness. 6. Absence without supervisor's approval; and or abandonment of position fur three (3) consecutive work days, without notification. 7. Falsification, deception or fraud of City records (including employment application) or to a City representative of management, or in any manner connected with City business. 8. Failure to abide by or violation of safety rules. 9. Waste, damage, destruction, theR, unauthorized or improper use of City property. lo. Conviction of a felony or any misdemeanor involving moral turpitude. il. Improper use of leave privileges. 12. Discourtesy, or offensive or abusive conduct, either thwngh attitude, language or actions, to the public or to co-workers while on duty. z3. Employees may be disciplined, up to and including termination, fur conduct, which occurs after regular scheduled working hours, if such conduct affects the employee's ability to work for the City, or if it places the City's reputation in a negatively viewed position. (An example, which might be considered a negatively viewed position, is an employee's arrest or conviction of a criminal or civil offense, which jeopardizes the citizen's trust or confidence m an employee's ability to perform his/her job duties and responsibilities). ~4- Conduct showing lack of good moral character. 15. Violation of substance abuse policy. 16. Inability to perform job duties because of physical or mental impairments. CEty of College Stauon Employee Handbook Rewsed June 2004 80 B. General Criteria To Be Considered in Disciplinary Actions The degree of the disciplinary action that a Supervisor imposes for a particular offense may vary, from oral warning to written warning to disciplinary probation to involuntary demotion, suspension or discharge depending upon: 1. The nature and severity of offense(s); 2. The impact of the offense(s) on other employees, the City and citizens; 3. The employea's length of service and work record; 4- The period of time since the discussion with the employee about a similar problem or recent disciplinary action for the same or similar offense(s); and 5. The past disdplinary action taken by the City for the same or similar offense(s). C. Disciplinary Process All or a combination of the following progressive disciplinary measures may be taken by a supervisor. Supervisors shall evaluate each situation and take the appropriate level of discipline. As previously stated, the disciplinary process does not prevent immediate discharge when the nature of the offense warrants such action. Regardless of what action is taken, a Supervisor should meet with the employee to discuss the drcumstances leading to the employment action. Minor Disciplinary Actions: When a performance or behavioral problem is first identified, Supervisors should discuss the problem with the employee, along with steps that need to be taken to correct the problem. No official notification of the informal counseling is phced in the employee's personnel file. Oral Warning The Supervi~r should advise the employee of his/her unsatisfactory performance or conduct and recommend spedfic areas for improvement. While the counseling is verbal, the possibility of continued performance or conduct problems requires that the counseling be a written document. An employee who receives an oral warning will be required to acknowledge receipt of the warning by signing it. The employee's signature on the oral warning merely indicates that the employee has received the document and does not imply that he/she agrees with it. A copy of the oral warning shall be forwarded to Human Resources Department to be placed in the employee's personnel file. Written Warninz A written warning should be given to an employee for unsatisfactory performance, policy, procedural, or conduct violations or in instances where counseling has already been given and the violation has occurred again or where unsatisfactory performance has continued. An employee who receives a written warning will be required to acknowledge receipt of the warning by signing it. The employee's signature on a written warning merely indicates that the employee has received the document and does not imply that he/she agrees with it. A copy of the written warning shall be forwarded to the Human Resources Department to be phced in the employee's personnel file. City of College Station Employee Handbook Revised June 2004 81 Major Disdplinary Actions: Disc~olinarv Probation An employee may be placed on disciplinary probation for a stated period of time in order to allow the employee to show improvement in his/her performance. The notice of disc/plinary pwbatiou must be signed by the supervisor and the employee and must identify the pwblem(s), indicate the improvement expected, the length of the pwbatiouary period and inform the employee of what disciplinary action may result from failure to show satisfactory improvement within the pwbafionary period. A copy of the notice shall be forwarded to the Human Resources Department to be placed in the employee's personnel file. Demotion A supervisor may, with the Department Director and Human Resources Director's approval, reassign an employee from one classification to another claa~ification with or without a reduction in pay. The employee shall be given a written notice outlining the reasons for the demotion, the effective date of the demotion, and what further disciplinary action could occur if another incident occurs. A copy of the notice shall be forwarded to the Human Resources Department to be placed in the employee's personnel file. Discinlinarv Suspension A supervisor may, with the Department Director and Human Resources Director's approval, suspend an employee without pay. The employee shall be given a written notice outlining the reasons for the suspension, the effective date(s) of the suspension, and what further disdplinary action could occur if another incident occurs. A copy of the notice shall be forwarded to the Human Resources Department to be placed in the employee's personnel file. (Note: The FLSA does allow employers to suspend an exempt employee without pay in one or more full days increments for inappwpriate or illegal conduct like sexual harassment, violence, drug or alcohol use, or violations of other laws). Sus_nension With Pay At the discretion of the Department Director, an employee may be suspended with compensation and benefit accruals pending investigation of allegations of misconduct, where the Department Director determines the nature of the allegations poses a risk of loss to the City, or compromises the public confidence in the employee's integrity. Such a suspension is not a disciplinary action and may not be appealed. An investigation, typically, should not take longer than sixty (60) working days to complete. Employees are expected to cooperate with all official investigations being conducted. If the allegatious are substantiated, disciplinary action will be taken in accordance with the nature of the offense. An employee may then appeal the disciplinary action that was taken. In cases where the allegatious are not substantiated, the employee will be reinstated into his or her regular job duties and responsibilities. The exception to this is when the Department Director believes it is in the best interest of the City to reassign the employee to a different classification, or to alter the duties of the employee in his or her existing position. The employee's pay may or may not change. Termination A supervisor may propose that an employee be dismissed from employment with the City of College Station. A supervisor proposing a dismissal must provide clear, specific and detailed justification for the action. All dismissals shall have the approval of the Department Director and the Human Resources Director. Csty of College Station Employee Handbook Revised June 2004 82 The supervisor shall provide the employee a written notice as to the reason(s) for the termination. A copy of the notice should be forwarded to the Human Resources Department to be placed in the employee's personnel file. ~o.~. Appeal Procedures Any reg~d~r fufi-time and regular part-time employee, who is not serving in the inh~luctory period of employment, may appeal a disciplinary action that has been taken against him/her. An employee serving in the introductory period of employment may not appeal a disciplinary action that has been taken against him/her. A. Appeals NOT Involving Suspension, Demotion or Termination: An employee should initially discuss the action with his/or her immediate supervisor. If the supervisors' response is not acceptable to the employee, he or she may appeal the action by requesting a meeting with the Depa~h.ent Director within three (3) working days (Monday-Friday schedule) following the action. The Depa~h.ent Director will set a date and time to meet with the employee. The Department Director will make a determination and submit a finding, in writing, to the employee and the Human Resources Director. If the Department Director's response is not satisfactory to the employee, he or she may file a written rebuttal to be placed in his or her personnel file. Apl~Jl~ not involving suspension, demotion or termination may not be appealed any further after this step. B. Appeals Involving Suspension, Demotion or Termination: An employee must submit any appeal, in writing, to the Department Director within three (3) working days (Monday-Friday schedule) following the action. Where the Department Director is the Supervisor, the employee may appeal, in writing, directly to the Human Resources Department within three (3) working days (Monday- Friday schedule) following the action. The Human Resources Director will review the appeal and notify the City Manager who will refer the appeal to a Review Board. In cases where the Human Resourees Director determines, upon review of the appeal, that the information and evidence involved in the disciplinary action does not constitute grounds for a benafide appeal, the Human Resources Director will obtain all information including taliring to the employee, if necessary, end render a recommendation directly to the City Manager that the final decision be to dose the appeal with no further action tsken. The City Manager will review the Human Resources Director's findings and recommendation and shall render a decision in writing as to whether or not to close the appeal or to refer the appeal to a Review Board. The City Manager's decision is the final decision in this process. C. l)epartment Director The Department Director shall set a date and time to meet with the employee. The employee may consult with a Representative of his or her choice. Either the employee or the Representative shall present the reasons for the appeal. There will be no cwss-examination. The Depa~ h~ent Director may rely upon any information that he or she deems to be credible, including opinions, and hearsay. The Department Director shall provide the employee an opportunity to address each of the matters discussed. City of College S~atmn Employee Handbook Revised June 2004 After meeting with the employee, the Department Direetor will make a determination and submit a finding, in writing, to the employee and the Human Resources Director. The Department Director may affirm, modify, or reverse the action that was taken against the employee. If the Department Director's response is not acceptable to the employee, he or she may appeal to the Human Resources Department, in writing, within five (5) working days following receipt of the Department Director's determination. The Human Resources Director will notify the City Manager who will refer the appeal to a Review Board. The Review Board shall hear the appeal and make a written recommendation to the City Manager. The Review Board may review the reports from the initial hearing and any other relevant information. The Human Resources Director will be responsible for notifying all parties and witnesses of the hearing no later than ten days in advance of the hearing. The Review Board may recommend that the City Manager affirm, modify, or reverse the action that was taken against the employee. ~o.3. Review Board The Review Board will consist of three (3) staff members selected by the City Manager or his/her designee. One staff member will be designated the "Chairperson" of the Board. The Review Board members shall not be from the same department as the employee appealing the discipline. The employee may request substitution of one of the three (3) chosen Board members if he/she can show a substantial reason why the person could not be fair or objective in hearing the issue(s). The decision to substitute any Board member is solely that of the City Manager. The Review Board will act as a faa-finding body and will hold an informal meeting to hear matters pertinent to the disciplinary appeal. A. Witnesses The Employee, the department and/or the Review Board may identify witnesses with relevant information to testify at the Review Board meeting. Witnasses called by the employee are not required to testify on behalf of the employee. The witness list must be provided to the Human Resources Director ten (lo) working days prior to the meeting. Falsifying statements on the part of a witness is considered "misconduct" and could result in termination of employment. B. Review Meeting The Review Board shall only consider matters that directly relate to the iasue(s). 2. The employee may represent him or herself or they may be represented by a person of their choice to include an attorney. The City Attorney end/or the supervisor will represent the City. The employee appealing the disciplinary action has the burden of proof to show by a "preponderance of the evidence" that a different or modified recommendation should be made to the City Manager. "Preponderance of the evidence" means that the quantity and quality of evidence, when fairly considered, produces the stronger impression, and has the greater weight, and is more convincing as to its truth than the evidence in opposition. 4. No Court Reporters or tape recorders maybe present to record the meeting. C. O~der of Review Meeting The Rewew Board Chairperson will call the meeting to order, state the purpose of the meeting, identify the employee tiling the appeal, and the department representative. Cay of College Station Employee Handbook Revised June 2004 84 The employee (and/or employee's representative) presents their opening statement(s). The Review Board may set a specific amount of time for the opening statement(s). The employee (and/or employee's representative) presents their evidentiary information (witness testimony and documentary material). Cross-examination of witnesses will not be allowed. The Deparhuent Representative (and/or city attorney) presents their opening statement(s). The Department Representative (and/or dty attorney) shall briefly outline their position. The Review Board may set a specific amount of time for the opening statement(s). The Depa,huent Representative (and/or dry attorney) presents their evidentiary information (witnesses testimony and documentary material). Cross examination of witnesses is not allowed. Closing statements by the employee (and/or employee's representative) and then the Depa~htient Representative (and/or City Attorney). Closing statements should identify the conclusions which each party believes the evidence shows. 6. The Review Board may ask questions at any time during the proceedings in order to clarify factual statements and to ensure their understanding of the points being presented. D. Review Board Recommendation Within five (5) working days of the meeting, the Review Board will submit its written findings and recommendation to the City Manager. In rendering a recommendation to the City Manager, the Review Board shall be limited to existing rules, regulations, policies and procedures of the City of College Station and shall have no power to add to, delete from, or modify said rules, regulations, polities and procedures. Neither shall the Review Board have power to make any recommendation or change in said rules, regulations, polieies or procedures to the City Manager. E. City Manager's Decision The City Manager will review the Review Board findings and recommendations and shall render a decision, in writing. The City Manager may affirm, modify, or reverse the recommendation of The Review Board, or arrange a meeting with those affected before rendering a decision. The City Manager's decision is the final decision in the Grievence/Appeal Process. Upon receipt of the decision of the City Manager, the Human Resources Director shall forward copies of the written decision to the employee (and representative, if applicable), the City Attorney, the Depadu~ent Director, and the Review Board members. 10.4. (~rieva/Ic~ Policy It is the policy of the City to provide each employee an opportunity to file work-related complaints and to submit §rievances concerning management decisions, which personally affect employees. Any regular full-time and regular part-time employee, who is not serving in the introductory period of employment, may submit a benafide grievance. An employee serving in the introductory period of employment may not submit a grievance. Chty of College Statton Employee Handbook Revssed June 2004 85 A. Purpose The purpose of the grievance procedure is to provide a process to discuss work-related issues on as low an administrative level as possible after the applicable event, and to reach, whenever possible, mutually satisfactory solutions to work-related problems. B. Definitions Grievance - an employee's expressed allegation that he/sbe has been personally adversely affected by the interpretation and/or application of any administrative rule, regulation, policy, or procedure which exists under the personnel administration system of the City of College Station. Complaint - an allegation that an employee's non-specific employment conditions have been adversely affected (such as working conditions, supervisory practices, etc.) C. Policy Exclusions Formal Progressive Disciplinary Actions (oral warnings, written warnings, suspensions, probations, involuntary demotions, reassignments and termination). Disagreement with these actions will be handled through the Disciplinary Appeal Process. (See Disciplinary Policy). Complaints of Discrimination. Any employee that feels he/she has been discriminated against because of their race, color, sez (including sexual harassment), religion, national origin, age or disability may complain to his/her supervisor, Deparhuent Director, Human Resources Department or any member of management. Supervisors, Department Directors and any other member of management are responsible for informing the Human Resources Director if an employee makes a complaint of discrimination or harassment (including sexual harassment) to them. The Human Resources Department will investigate the matter and provide a written report. Should evidence of discrimination or inappropriate behavior be found, the Human Resources Director wi]] notify the Department Director and the City Manager so that prompt corrective action can be taken to resolve the matter. 3. Wage and Compensation issues pertaining to the City's pay plan. 4. Matters that have been established by a law or the City Charter. D. General Provisions 1. No adverse action will be taken against an employee for proper use of the Grievance and Complaint procedure. 2. Only the employee affected by the action or management decision may file a grievance and complaint. One employee cannot file a grievance or complaint on behalf of another employee. 3. Repeated filing of grievances and complaints concerning the same issue, which has been denied, will not be considered. The grievance process is normally intended for the use of individual employees. Should a number of employees file separate grievances or complaints on the same matter; the grievances or complaints may be combined. C~ty of College Stahon Employee Handbook Rewsed June 2004 86 A final determination on a combined grievance or complaint will be binding on all such similar grievances and complaints, and a copy of the final reply will be provided to all complainants. The filing of frivolous grievances or complaints is unacceptable. Filing a grievance or complaint for malicious reasons is also unacceptable. Such action, if proven, could result in disciplinary action being taken which could include termination. The grievance and complaint procedure has a maximum of three (3) steps, but a grievance can be considered resolved at any step in the process. Grievances will be processed until the employee is satisfied, does not file a timely appeal or when a decision is made in the final step and the right to appeal no longer exists. E. Proredure for Filing a Grievance Sten One - Su_oervisor*s Review The City encourages open communication between supervisors and employees. An employee who believes that he/she has a bona fide grievance or complaint should promptly discuss the issue with his/her immediate supervisor and attempt to resolve the matter at this level. If the grievance or complaint involves the immediate supervisor, the employee may proceed directly to Step Two. An employee has three (3) working days to file a grievance or complaint with his/her immediate supervisor alter the complained of event occurs. A working day is defined as a calendar day, Monday through Friday, exclusive of designated City holidays. The Supervisor should make every effort to investigate the matter, attempt to resulve it, and give a written response to the employee within a reasonable time. If the employee is not satisfied with his/her supervisors response, the employee may pmeecd to Step Two. Step Two - Denartment Director's Review An employee may appeal the decision to the Department Director, if dissatisfied with the supervisor's decision, or to initiate the grievance and complaint procedure with the Depa,;,,ent Director ff Step One has been bypassed. The written appeal or initial grievance or complaint notification must be made within three (3) working days of the immediate supervisor's response or the complained of event. The Depath',ent Director will meet with the employee and the employee's immediate supervisor to discuss the matter. The Department Director will conduct whatever investigation deemed necessary and provide a written response to the Complainant. A copy of the response will also be provided to the immediate supervisor and to the Human Resources Director. Complaint Matters are not to be submitted any further after this step Steo Three - Human Resources Director's Review If the Department Director's response to a grievance is not acceptable to the employee, he/she has five (5) working days after receiving notification of the Department Director's decision to make a written appeal to the Human Resources Director. The Human Resources Director wall review the grievance and may obtain other information deemed necessary to render a recommendation to the City Manager. The City Manager will review the Human Resources Director's findings and recommendation and shall render a decision in writing. The City Manager's decision is the final decision in the grievance process. CRy of College Station Employee Handbook Rewsed June 2004 87 Administrative Leave .................................................................. Section 6: Approved Leaves -Page 43 Ambulance Service .............................................. Section 5: Employee Benefits and Services -Page 32 Appeal Procedures ........................................................... Section lO: Discipline andAppeal Procedures/ Grievance Procedures - Page 83 Appearance ............................................................................. Section 9: Employee Conduct - Page 71 Arrests ............................................................................. Section 9: Employee Conduct - Pages 73-74 At-Will Employment ................................................................ Section l: General Provisions - Page 2 Attendance .................................................................................... Section 3: Employment -Page - 11 Break Period ........................................................................................................... Section 3 - Page 12 Catastrophic Sick Leave ........................... Section 5: Employee Benefits and Services - Pages 3o-32 Cell Phones .................................................................. Section 9: Employee Conduct - Pages 77-78 Council Contacts .................................................................. Section 9: Employee Conduct - Page 69 Child-Labor Provision .......................................... Section 2: Staffing and Development - Pages 4-5 Citizenship Verification (I-9) ................................... Section 2: Staffin~ and Development - Page 7 City Ambulance Service ................................. Section 5: Employee Benefits and Services - Page 32 City-Owned Vehicles ....................................................... Section 8: Health and Safety - Page 6o-61 Code of Ethies ...................................................................... Section 9: Employee Conduct - Page 69 Compensatory Time Off ..................................................... Section 4: Compensation - Pages 23-24 Computer Software Use ...................................................... Section 9: Employee Conduct - Page 74 Concealed Weapons ............................................................... Section 8: Health and Safety- Page 68 Conflicts of Interest ............................................................. Section 9: Employee Conduct - Page 71 Council Contacts ............................................................... Section 9: Employee Conduct - Page 69 Credit Union .................................................. Section 5: Employee Benefits and Services - Page 4o Daylight Savings Time .............................................................. Section 4: Compensation - Page 25 Deferred Compensation ............................... Section 5: Employee Benefits and Services - Page 4o Demotions ..................................................................................... Section 3: Employment - Page 13 Dependent Life Insurance .................................................................... Section 5: Benefits - Page 36 Disciplinary Policy ................................................... Section lo: Discipline and Appeal Procedures/ Grievance Procedures - Pages8o-82 Drug & Alcohol Policy for Commercial Driver's License Holders ........................ Section 8: Health and Safety - Pages 65-66 Educational Incentive Pay For Fire and Police ......................................................... Section 4: Compensation - Pages 25-26 Educational Reimbursement .............................................. Section 7: Employee Development and Reimbursement Procedures - Pages 48-49 E-mail and Voice Mail .................................................... Section 9: Employee Conduct - Page 76 C,ty of College Station Employee Handbook Revised June 2004 88 Emergency Operations Guidelines ....................................... Section 8: Health and Safety - Page 68 Employee Assistance Program ................ Section 5: Employee Benefits and Services - Pages 41-42 Employee Development ....................................................... Section 7: Employee Development and Reimbursement Procedures - Page 47-48 Employee Identification Cards ........................................................................... Section: 2 - Page 7 Employment Separation ...................................................... Section 3: Employment - Pages 15-16 Equal Employment Opportunity. ........................... Section 2: Staffing and Development - Page 3 Facsimile Machine ............................................................ Section 9: Employee Conduct - Page 79 Family Medical Leave Act (FMLA) ............................... Section 6: Approved Leaves - Pages 44-45 Flexible Benefit Plan ..................................... Section 5: Employee Benefits and Services - Page 37 Flexible Work Schedule Procedures ..................................... Section 3: Employment - Pages lo-ll Funeral (Sick-Leave Policy) .................... Section 5: Employee Benefits and Services - Page 29-3o Gifts - Acceptance of. ....................................................... Section 9: Employee Conduct - Page 72 Grievance Policy / Procedures ........ Section lo: Discipline and Appeal Pwcedures - Pages 85-86 Harassment- Other Forms of. ................................... Section 9: Employee Conduct - Pages 72-73 Holiday .................................................. Section 5: Employee Benefits and Services - Pages 33-34 Hours of work ............................................................................. Section 3: Employment - Page lo I Internet Policy ........................................................... Section 9: Employee Conduct - Pages 74-75 Introductory Employment Period ........................................ Section 3: Employment - Pages 9-lo Jury Duty/court Service Policy ......................................... Section 6: Approved Leaves - Page 43 language Skills Pay ........................................................ Section 4: Compensation - Pages 27-28 Life Insurance ................................................................................... Section 5: Benefits - Page 36 Long-Term Care ......................................... Section 5: Employee Benefits and Services - Page 36 Long-Term Disability ................................. Section 5: Employee Benefits and Services - Page 38 M Medical/Dental Insurance .................... Section 5: Employee Benefits and Services - Page 34-35 Military Leave ............................................................... Section 6: Approved Leaves - Page 43-44 Modified Work Duty .................................................... Section 8: Health and Safety - Page 55-57 Nepotism Po]icy ................................................ Section 2: Staffing and Development - Pages 3-4 Neutral Leave ............................................................ Section 6: Approved Leaves - Page 45-45 Ctty of College Station Employee Handbook Revised June 2004 89 New Hire Orientation ........................................... Section 2: Staffing and Development - Page 8 New Hire Conditional Requirements ............. Section 2: Staffing and Development - Pages 6-7 On-Call .................................................................................... Section 4: Compensation - Page 25 Overtime Pay ................................................................. Section 4: Compensation - Pages 23-24 _P Pay Plan Policy. ................................................................ Section 4: Compensation - Pages 17-18 Pay ................................................................................................................ Section 4: Page 18-22 Pay Checks .............................................................................. Section 4: Compensation - Page 23 Payroll Deductions ................................................................. Section 4: Compensation - Page 23 Performance Reviews ................................................................ Section 3: Employment - Page 12 Personal Leave of Absence ................................................ Section 6: Approved Leaves - Page 46 Personal Telephone Calls ............................................. Section 9: Employee Conduct - Page 79 Personnel Files ..................................................... Section 2: Staffing and Development - Page 8 Political Activity .............................................................. Section 9: Employee Conduct - Page 7o Procurement Card (P-card) ............................................ Section 9: Employee Conduct - Page 79 Promotions ................................................................................ Section 3: Employment - Page ~2 Public Safety Assignment Pay ........................................ Section 4: Compensation - Pages 26-27 Recruitment .......................................................... Section 2: Staffing and Development - Page4 Retirement ........................................ Section 5: Employee Benefits and Services - Pages 39-40 Review Board ...................................................... Section lo: Discipline and Appeal Procedures/ Grievance Procedures - Page 84 S Savings Bonds ............................................ Section 5: Employee Benefits and Services - Page 40 Secondary Employment ...................................................... Section 3: Employment - Page x4-15 Service Awards ..................................... Section 5: Employee Benefits and Ser¥ices - Page 4o.41 Sexual Harassment Policy ............................................. Section 9: Employee Conduct - Page 72 Sick Leave ............................................. Section 5: Employee Benefits and Services - Page 29-3o Sign Language Skills .............................................................. Section 4: Compensation - Page 28 Skills Testing ........................................................ Section 2: Staffing and Development - Page 5 Smoking Policy ................................................................. Section 8: Health and Safety - Page 66 Solicitation Policy ........................................................... Section 9: Employee Conduct - Page 72 Substance Abuse Policy ............................................... Section 8: Health end Safety - Page 61-65 Supplemental Life .................................... Section 5: Employee Benefits and Services - Page 36 Swimming Pools ......................................... Section 5: Employee Benefits and Services - Page 41 Theft/Misuse of City Property ....................................... Section 9: Employee Conduct - Page 79 Transfers ............................................................................. Section 3: Employment - Page ~2-~3 Travel Reimbursement ................................................. Section 7: Employee Development and Reimbursement Procedures - Page 49-52 Use of City Swimming Pools ........................................................................... Section 5 - Page 4t C~ly of College Station Employee Handbook Rewsed June 2004 90 Vacation .............................................. Section 5: Employee Benefits and Services - Page 32-33 Vehicle Driving Policy ............................................... Section 8: Health and Safety - Pege 57-6o Vision Care Reimbursement .................... Section 5: Employee Benefits and Services - Page 36 Voting (Time Off) ............................................................ Section 6: Approved Leaves - Page 43 Workplace Violence ...................................................... Section 8: Health and Safety - Page 67 Worker's Compensation .......................................... Section 8: Health and Safety - Page 53-55 C~ty of College Stallon Employee Handbook Revised ,lune 2004 91