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HomeMy WebLinkAbout1985-1569 - Ordinance - 01/24/1985 ORDINANCE NO. 1569 AN ORDINANCE AMENDING CHAPTER 8, SECTION I OF THE CODE OF ORDINANCES, CITY OF COLLEGL STA%IuN, IIELATING TO THE ADOPTION OF PERSONNEL POLICIES AS SET FORTH iN A PERSuNNEL POLICIES AND PROCEDURES HANDBOOK. BE IT H~REBY ORDAINED BY THE CITY COUNCIL OF TH~ CiTY OF COLLEGE STATION, TEXAS THAT: I. CH~TER 8, SECTION I OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION SHALL BE AMENDED TO READ AS FOLLOWS: SECTION 1: PERSONNEL POLICIES ADOPTED The personnel policy handbook entmtied "City of College Statmon Personnel Polacies and Procedures Handbook," together wath the detaaled procedural rules for disciplinary appeal and termination, is hereby adopted as amended from time to time by City Council Reaoiution, as the officaal personnel policy of the City of College Station, Texas, to the same extent as if set forth at length herein. Ii. A copy of the handbook entitled "Cmty of College Station Personnel Policies and Procedures Handbook," together with the detailed procedural rules for disciplinary appeal and termination, as attached to and shall become a part of this ordinance. One (1) copy is on file in the office of the City Secretary. III. Should any section, paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or anvalid for any purpose, the remainder of this ordinance shall not be affected thereb). iV. All ordinances or parts of ordinances an conflict herewith are repealed to the extent of the con£1ict only. V. And, it is ordained that this ordinance shall become effective from and a£ter its passage in accordance with the caty charter of the City of College Station. PASSED AND APPROVED THIS 24th DAY OF 3ANUARY, 1985. ATTEST: Dian Jones,./City Secretary Gary Ha~'t e r ~/f,l~y o r 004397 CITY OF COLLEGE STATION PERSONNEL POLICIES & PROCEDURES HANDBOOK JANUARY, 1985 ~3~ .Ol This Personnel Policies & Procedures Handbook superseaes all previous manuals and/or handbooks for the C~:y of Co]l ege Station. The policies and procedures affecting employees are explained ~n this manual, as well as the benefits available :omun~cipal employees. IBDEX OF PERSONNEL POLICIES & PROCEDURES GENERAL PROVISIONS ....................................... 1 A. Purpose .............................................. B. Personnel Records .................................... C. Amendment of Policies ................................ II. STAFFING AIID DEVELOPMENT ................................. 2 A. Policy ............................................... 2 B. Nepotism ............................................. 2 C. Recruitment and Selection ............................ 2 D. Employee Processing & Orientation .................... 3 E. Employee Training .................................... 3 F. Employee Promotion ................................... 4 G. Employee Transfer (DepartJnental & Lateral) ........... 4 III. TERMS OF EIqPLOYlqENT ...................................... 5 A. Probationary Per~od .................................. B. Seasonal & Temporary Employees ....................... 5 C. T~me & Attendance .................................... 6 D. Solicitation ......................................... 6 E. Harassment ...... 6 IV. CONPE#SATION ............................................. 7 A. Policy ............................................... 7 B. Wage & Salary ........................................ 7 C. Overtime & Compensatory Time ......................... 8 D. Paycheck Information ................................. g 1. Payday ............................................ g 2. Paycheck Deductions ............................... 9 V. ENPLOYEE BENEFITS ........................................ g A. Personal Leave (Sick Leave/Emergency Leave) ........... g B. Annual Leave (Vacations) ............................. 10 C. Holidays ............. 11 D. Group ::::::::::::::::::::::::::::::: ......... 1. Medical & Dental Insurance ....................... 2. Group Life Insurance ............................. 13 E. Retirement ........................................... 13 F. Utility Refunds or No Deposits ....................... 14 G. Credit Union ......................................... 14 d,439'7., 03 VI. GENERAL POLICIES ......................................... 15 A. Maternity Leave ...................................... 15 B. Leave of Absence ..................................... 15 C. Military Leave ....................................... 16 D. Breaks ............................................... 16 E. Political Activity ................................... 17 F. Time Off To Vote ..................................... 17 G. Jury Duty ............................................ 17 H. Dress Code & Appearance .............................. 17 I. Use of Alcohol or Other Mind-Altering Substances ..... 18 J. Polygrap~ Examination ................................ 18 K. Secondary Employment ................................. 19 L. Travel Policy ........................................ 19 M. City-Owned Vehicle Use Policy ........................ 20 N. Education Policy ..................................... O. City Manager's Suggestion Box ........................ 21 P. City Facilities ...................................... 21 VII. SAF£TY ................................................... 21 A. Safety Statement ..................................... 21 B. Dr~ver's License Policy .............................. 22 1. New Hires 22 2. Current EmPloyees""''"'"''"""''"'""'''''"'-'" '"''"'"''"""''"'""'''" 22 C. Workers' Compensation ................................ 23 VIII. F_.q~LOYEE SEPARATION ....................................... 23 A. Emnployee Resignation ................................. 23 B. Termination Processing ............................... 24 C. Disciplinary & Termination Procedure ................. 24 OEFINITIONS ..................................................... 04397. o4 I. G~N[RAL PROVISIONS A. Purpose The purpose of these policies is to set forth principles and proce- dures that are to be followed by all City employees. The policies and procedures contained within this handbook shall be available for inspection and review by all City employees. T~ese rules are not intended to be inflexible. Departments may develop policies and procedures that are consistent w~th and within the param- eters of the personnel rules and regulations in order to meet their needs. Departments desiring to implement an exception to any rule or regulation contained within th~s handbook must request, ~n writing to t~e City Manager, approval to exercise the exception prior to final adoption and ~ssuance to employees. The City of College Station will maintain an Equal Employment Opportunity Program and w~ll extend fair and impartial treatment to al) 1ts employees and to applicants for employment or promotion. No employee or applicant w~ll be d~scriminated against ~n any way by the C~y because of race, color, religion, national or~gin, sex, age, handicap, political affiliation, or belief. B. Personnel Records The Personnel Office w~ll ma~ntdin personal work history records of each active employee. Records will also be maintained on inactive employees for at least two (2) years after termination. An employee's record is available for inspection ~n the Personnel Off~ce by that employee. An immediate supervisor may also review information necessary to the performance of work in the employee's f~le at the consent of the Personnel Manager. In accordance with State law, all information contained ~n the employee's personnel file ~s considered confidential w~th the exception of ~nformatlon that ~s considered by law to be a matter of public record. Therefore, the Personnel Office will only release employment history information to outside individuals or agencies which ~s public record and not of a confidential nature or will not violate the employee's right to privacy if released. The following information is a matter of public record: a. Name b. Date of original employment, or if applicaole, the termination date. c. Current posit~on title d. Department to which the employee is currently assigned. It is City policy that an individual's current salary not be released without written consent from that individual. o4 7.0 C. /mendment of Policies The policies and procedures contained withln this handbook may be changed by the City Council upon the recommendation of the City Manager, Changes in these policies will be distributed inanediately to each department and will be periodically incorporated into the Personnel Policies Handbook. Each employee shdll oe provided a copy of the Personnel Policies Handbook and all amendments. II. STAFFING AND DEVELOIq, ENT A. Policy The City of College Station will maintain dn Equal Employment Opportunity (EEO) Program in accordance with Federal, State and Local EEOC laws and regulations. No employee or applicant will be d~scrim- inated against in any way because of race, col or, religion, national origin, sex, age, handicap, political dffiliation or belief. B. Nepotica No person related oy affinity (marriage) or consanguinity (blood) to the Mayor, any member of the City Council, C~ty Manager, or Department Head shall be appointed as a permanent employee of the City to any office, position, clerkship, or other service of the City. This prohibition shall not apply, however, to any person who has been continuously employed by the City for a period of two (2) years prior to the election of the Mayor or Councilman, or the appointment of the City Manager or Department Head. Departments may employ individuals who are related as spouse, as parent-child, or as s~bling, provided such employment does not cause one relative to have responsibility for the direct or indirect super- vision of the other relative. C. Recruitment and Selection Division/Department Heads shall notify the Personnel Office of their anticipated vacancies as far in advance as possible to permit sufficient time for the recruitment and selection of qualified candidates. The selection of a new employee will be the responsi- bility of each Department Head. It is the responsibility of both the Department Head and the Personnel Office to assure that the appropriate procedures are used to sign up each new employee. Each employment selection will be in accordance with established Personnel procedures; however, the following condi- tions shall apply in all cases: Prior to employment, the applicant being considered to f~ll the job vacancy must undergo a driver's license check and a workers' compensation check by the Personnel Office. The starting rate of pay offered by the hiring depart- ment must have been coordinated w~th and confirmed by the Personnel Manager prior to the actual job offer. In some departments a prospective employee may be required to take a physical examination and/or psychological exam. The examination standards for various pos~t~ons will be established and maintained by the mring departments in cooperation with the Personnel Office. The physical examination will be performed by a physician designated by the Personnel Uanager and pa~d for by the City. O. Employee Processing & Orientation New employees of the C~ty of College Station will be processed by the Personnel Office. During processing, new employees will be g~ven a brief explanation of employee benefits, and will complete the necessary forms for enrollment in the Texas Municipal Retirement System, the group insurance program (medicdl and dental), and the employee payroll deductions. After processing is completed, the Personnel Off~ce will forward the new employee's paperwork to the Payroll Office. All new employees will be required to attend an orientation program which is designed to furt'~'6~i-~Torm the employee of the City's policies and procedures, as well as review the benefits provided by the City. The Department Head will receive a letter from the Personnel Office when an orientation program has been scheduled. This letter will contain the date and time of the orientation program, and a l~st of those employees required to attend. E. FJployee Training In order to meet ~ndividual dnd organizational needs, it is the policy of the City to provide training and development opportunities to enhance City job performance, to encourage nigh quality performance, to prepare employees for new or increased responsibilities, and to extend opportunities for individual growth, promotion, development, and self-fulf~llment. The Personnel Office shall assist departments in developing and conducting training to meet their specific needs, as well as identify resource persons and programs with the intention of increasing employee efficiency and departmental effectiveness. F. Employee Promotion Employees sh~ll ~e promoted on the bas~s of sk~11s, abilities, and demonstrated performance without regard to race, sex, age, religion, national origin or handicapped status. A promotion will be dccomplished after thorough review of an employee's qualifications, previous work history, and demonstrated performance, and shall take effect as soon as is practical w~thout undue disruption or interruption of Uepartmen~al operations. Each employee who is promoted shall receive an appropriate increase at the t~me of promotion, shall serve a six (6) month probationary per~od in his/her new position, and may have an adjusted merit date. Any employee who fails to satisfactorily complete his/her probationary period in accordance with established performance standards, and has been counseled and g~ven sufficient t~me to correct any existing deficiencies, may be terminated, demoted or reassigned to a classification equal to tnu classification held prior to his/her promotion if there ~s an available position. G. E~l oyee Transfer (I)eparl~ental and Lateral ) To provide maximum opportunity for advancement to all employees and to promote optimum staffing, ;t ;s the policy of the C~ty to encourage the transfer of employees between C;ty departments. All regular employees are eligible to transfer to currently vacant positions in a d;fferent department by submitting a letter requesting a transfer to the Personnel Off;ce. A lateral transfer within the same department does not requ;re Personnel approval. Probationary employees are not eligible to apply for transfer without special approval from the;r Department Head and the Personnel Manager. When an employee is officially notified of selection for the new position, at least two (2) weeks notice must be given to the present depar~nent, unless waived by the employee's current supervisor. The merit increase eligibility date remains the same upon laterally transferring to a position of the same pay grade, and the employee shall serve a six (6) month probationary period with the new position. A performance evaludtion will be conducted by the current supervisor prior to transfer. This evaluation may be used for purposes of pay increase ~f the merit date is less than three (3) months from the date of transfer. Any employee who falls to satisfactorily complete his/her probationary period in accordance with established performance standards, and has been counseled and given sufficient time to correct any existing deficiencies, may be terminated, demoted or reassigned to a classification equal to the classification held prior to his/her transfer if there is an available position. III. TERMS OF EHPLOYMEIff A. Probationary Period In order to become a regular employee, each employee must complete an initial probationary period of six (6) months following initial employment or re-employment in a permanent budgeted position, and shall be evaluated at the end of the six-month period. This evaluation, however, will not be accompanied by an increase in pay. The probationary period may be extended for a period of time, at the discretion of the supervisor in consultation wlth the Personnel Office. A temporary employee is always assigned a probationary status upon employment with the City. However, a temporary employee who accepts a permanent budgeted position must serve the slx (6) month probationary period. This probationary period will begin the day the employee accepts permanent employment with the City. The accrual of Personal Leave (Sick Leave/Emergency Leave) and the eligibility to take Personal Leave (SlcK Leave/Emergency Leave) for probationary employees begins immediately upon employment with the City. However, Annual Leave (Vacations) cannot oe taken until an employee is considered a "regular" employee at the end of the probationary period, unless approvea by your Department Head. The Department/Division Heads shall use the probationary period to advise the employee of satisfactory or unsatisfactory progress and recommend areas for improvement if needed. Employees who meet accept- able standards of performance during the initial probationary period shall be retained. Seasonal A Temporary F_mployees City departments may hire employees to fill seasonal and temporary positions. Seasonal and temporary employees will not be entitled to become members of the Texas Municipal Retirement System, to accumulate Personal Leave (Sick Leave/Emergency Leave), or be eligible for any other benefits that tme City provides to permanent employees. Seasonal and temporary employees will be pa~d straight =ime for any time worked in addition to a forty (40) hour work week. No additional payment for holiday work shall be allowed to a temporary or seasonal employee unless specifically authorized by the C~ty Hanager. All seasonal and temporary employees are, however, eligible for benefits which are available under the WorKers' Compensation Act. C. Time & Attendance Hours The hours during which City offices and departments are open for business shall be from 8:00 a.m. to 5:00 p.m. weekdays. Department/Division Heads shall implement schedules to meet these general requirements and to provide for other specific requirements of the department. Individual employees may be Uirected to work special hours or shifts as determined by the needs of the department. 2. Attendance Employees shall be required to be at their place of work in accordance with work schedules established by their department, unless they have been excused Dy their supervisor. Any employee who fails to report to work, is habitually tardy, leaves the work place without proper authorization, or misuses leave, will be subject to disciplinary action. D. Solicitation The solicitation of funds by vendors on the job site and during working hours shall not be permitted for any reason. The solicitation of funds by City employees within the conmaunity, will be limted and must be approved by the City Manager. All questions regarding this policy should be directed to the Personnel Manager. £. Harassment The City of College Station prohibits the racial, sexual, ethnic, or religious harassment of municipal employees or applicants. All City employees are guaranteed the right to work in an environment which is free from such harassment. Any employee who feels that he or she has been a victim of racial, sexual, etnn~c or religious harassment should notify the Personnel Office. Allegations of harassment shdll De dealt with in strict confidence, and appropriate disciplinary action will be taken when the findings warrant such action. F. Theft or Misuse of City Property As a public employer and as public employees who are entrusted with the responsibility of administering public assets efficiently, the City of College Station and its employees must ensure that the City's property, equipment, and facilities are utilized for the sole purpose of providing services to the citizens of College Station. The use of any City property, equipment, or facilities for personal gain, or the theft, borrowing of tools or any other equipment without authorization, is strictly forbidden and any such action could result in immediate termination. All departments should develop specific procedures to ensure that all City property, equipment and facilities under their control are properly Inventoried and maintained, and ~ts use is restricted to authorized City business. IV. COMPENSATION A. Policy It ~s tne policy of the City of College Station to provide sufficient compensation for its employees ~n order for the City to attract and retain qualified ~ndiwduals for all posit~ons. B. Wage & Salary The purpose of the Pay for Performance Plan is to assure that each job ~s pa~d at a rate appropriate for the level and type of work performed, both ~n relation to other positions ~n the C~ty and to the City's State & Local competitive labor markets. The Personnel Manager shall be responsible for the continuous maintenance and administration of the plan under the d~rection of the Assistant City Manager. When a new position is created or an existing posit~on is cnanged by adding, modifying, or eliminating duties and responsibilities, the Department Head will notify the Personnel Manager so a reclassif~- cation study may be conducted if deemed necessary. a97.11 The Pay Plan is designed to provide increases to employees as rewards for performance. The performance appraisal will establish a per- formance level (average total weighted score) for the employee. Each level of performance will have a specific percentage p~y increase associated with lt. The better the performance level at or above expectations the greater the percentage. This percentage will then be applied to the midpoint of the grade to calculate a dollar amount. No one, however, will receive a pay raise that would extend their rate above the maximum for the grade, unless that position is designated by the Personnel Manager as a "red circle" position. For further information concerning the Pay for Performance Plan, contact the Personnel Office C. Overtime and Compensatory Time Departmental administrators shall be responsible for constantly reviewing staffing levels, work loads, and vacation schedules so as to minimize the need for overtime work. Overtime work shall be avoided whenever possible, but when necessary, and approved by the Department Head, shall be allocated es evenly as possible among all employees qualified to do the work. Overtime and Compensatory time srlalJ be oased on the hours dctually worked in excess of forty (40) hours per work week. Therefore, overtime and compensatory time does no[ occur unless the employee has accumulated forty (40) hours in one week's time. Those employees subject to compensatory time will oe given a maximum accumulation of sixteen (16) hours to use, at the approval of their supervisor, or they may choose to take overtime pay. The accrual of overtime or compensatory time will be accumulated at 1 1/2 times the hourly rate or number of hours, respectively. Holiday, sick or vacation time used will be counted as part of the forty (40) hour work week in calculating overtime or compensatory time. Those in administrative, supervisory or professional levels, as classified by the Dep~rtment Head or City Manager, will be allowed compensatory time only for approved circumstances. Work necessary above the normal requirements of the job will be compensated by the accrual of compensatory time to a maximum of forty (40) hours. Compensatory time must be used within a three (3) month period or will be lost. This will ensure that the employee takes time off and is to be viewed as a relief measure ratner than a punishment. Compensatory time accumulation and use must be recorded on time cards submitted to payroll. No payment for earned compensatory time will be made upon separation from City employment. D. Paycheck Information i. Payday Most employees on an hourly wage will receive paychecks each Friday. All other employees will receive semi-monthly pa~n~ents on the 15th of the month and again on the last day of the month. If these semi- monthly paydays fall on a weekend, employees will be paid on the preceding Friday. 2. Paycheck Deductions The following are deductions applicable: from each employee's paycheck, if Social Security Tax is deducted, according to law, until the maximum tax nas been deducted. Federal Income Tax ~s w~thneld, according to individual salary and the number of dependents stated on the employee's W-4 Form. Five (5) percent of the employee's gross income is de- ducted for a retirement fund as provided by the Texas Municipal Retirement System (See Retirement). The Medical and Dental insurance premium for depen- dents of employees is deducted. This dependent coverage ~s optional (See Medical & Dental Insurance). Employees who are members of the Brazos Valley Schools Credit Union and have authorized for payroll deductions. Any amount designated by the employee as a contribution to the United Way fund. Other payments as required by law. V. ENPLOYEE BENEFITS A. Personal Leave (Sick Leave/Emergency Leave) All full-time regular and probationary employees shall earn one (1) day of personal leave for each month of employment, or twelve (12) days annually. The maximum accumulation of personal leave is 120 days. Eligibility to take Personal Leave (S~ck Leave/Emergency Leave) for a probationary employee begins upon employment with the City, unless departmental policy differs. g o 4397, i3 Personal leave may be taken when sickness, injury, or doctors' appointments prevent the employee's performance of duty, or when a member of n~s/her immediate family is actually ill. For the purposes relating to Personal Leave, immediate family is defined as those ~ndividuals residing ~n the same household (spouse, children, and parents). Personal leave shall be granted upon request for emergency leave because of the death of the employee's spouse, child, parent, brother, sister, grandparent or grandchild, and any of these relationships related by affinity. An employee who must be absent from work because of unforeseen illness or other temporary disability must notify their supervisor at the earliest practical t~me. A supervisor may request employees to submit a signed statement from a physician in order to verify the employee's need to use Personal Leave (Sick Leave/Emergency Leave). An employee who misuses the sick leave benefit mll be counseled; ~f the misuse continues, the employee is subject to disciplinary action up to and ~ncluding dismissal. Part-time temporary employees and volunteers do not receive Personal Leave (S~ck Leave/Emergency Leave) with pay. Permanent, part-time employees will be pro-rated one-half the regular Personal Leave rate. On separation from the City, voluntary or otherwise, no employee shall be compensated for any unused Personal Leave. B. Annual Leave (Vacations) All full-time regular employees (except Police & F~re) shall accrue ten (10) days paid vacation per year for the first two (2) years of continuous service. After cwo (2) years of service, employees will accrue twelve (12) days paid vacation per year. Upon completion of bye (5) years of continuous service, regular employees will earn fifteen (15) days paid vacation per year, and upon completion of fifteen (15) years of continuous service, regular employees w~ll earn twenty (20) days paid vacation per year. The following chart provides information concerning vacation accrual rates: Upon Completion Of Up Thru 2 Years 3 Thru 5 Years 5 Thru 15 Years 16 Years and Over Days Accrued Per Year 10 Days 12 Days 15 Days 20 Days Employees are encouraged to take their full vacation leave in the year in which it is accrued. Vacation leave may be accumulated for a maximum of two (2) years' credit. Regular employees will lose credit for unused vacation time in excess of these maximums on the anniversary date of hire. The actual date(s) of vacation time should be planned with the Department Head. Department Heads should plan their leave with the City Manager. Police and Fire employees' vacation periods must be scheduled with and approved by the Chiefs of the respective departments. Police and Firefighters will earn ten (10) days of paid vacation the first year, and will earn fifteen (15) days vacation for each following year. Vacation with pay may not be granted until a new employee has completed the probationary period, although vacation credit will be accrued during that per~od. Temporary employees and volunteers do not receive paid vacations. Permanent, part-time employees will be pro-rated one-half the regular vacation rate. A City employee who resigns, is dismissed, or separates from City employment shall De paid in a lump sum for all accrued vacation time remaining at the t~me of separation from C~ty employment, ~f that employee leaves in good standing. Employees will not be paid for any vacation leave if they leave the service of the City, voluntarily or otherwise, during their probationary peri od. C. Holidays Full-t;me, holidays: permanent employees w~ll receive the following paid New Year's Day Good Friday Memorial Day Fourth of July Labor Day Thanksgiving Thanksgiving Friday (Day after Thanksgiwng) Christmas Eve Christmds Day *Day After Christmas Employee's Birthday If a holiday falls on a weekend, the designated day off will be either the preceding Friday or the following Monday. All employees will be not, fled in advance of the designated day off. *The Day After Christmas Holiday will be taken only when Christmas Day falls on a Monday, Tuesday, Wednesday, or a Thursday. 11 Employees must schedule to take their Birthday Holiday in advance, and receive approval from their Department Head. This request may be postponed due to business necessity or due to the number of employees requesting the same day off. Permanent, full-time employees who are regularly scheduled to work on holidays (except the employee's Birthday Holiday) shall be paid double time unless the holiday time itself is postponed for later usage. Part-time employees in permanent budgeted positions whose officially scheduled work weeks are at least twenty (20) hours per week or more shall be entitled to pay for holidays on a pro-rated basis. Temporary employees will be paid their regular rates on a holiday only if required to work. No payment for holiday work shall be allowed to a temporary employee unless specifically authorized by the City Manager. D. Group Health Plan I. Medical & Dental Insurance The C~ty provides medical and dental insurance to eligible City employees at no cost to the employee. After three months of continuous employment, all eligible employees will be covered by the insurance plan. Employees eligible for medical and dental insurance may also elect to insure eligible dependents. Eligible dependents include: 1.) 2.) Employee's spouse Unmarried children (including any stepchildren, adopted children, or foster children) who rely on the employee for their principal support and maintenance, who are less than nineteen (19) years of age. Unmarried children who are nineteen (19) years of age or more, but less than twenty-three (23) years of age must be enrolled as a full-time student. Proof of enrollment may be required. Initial enrollment in the medical and dental ~nsurance program does not require employees to furnish evidence of ~nsurab~lity for themselves or their dependents. After a period of thirty-one (31) days, however, following the date of the employee's eligibility, a medical evidence of insurability form must be submitted to the claims carrier through the Personnel Dff~ce. If an employee discontinues his/her dependent coverage and later wishes to add them to his/her insurance, he/she must submit an evidence of insurability form as well. The carrier may approve or deny the employee's application for coverage. Each participating employee will be issued a medical identification card and a group medical and dental booklet. This booklet describes all the medical and dental benefits offered, all those benefits that are considered to be "covered expenses", and any exclusions and/or limitations. If an employee ~s off work without pay and has dependent coverage, the employee must make arrangements to pay the cost of the dependent coverage, on a monthly basis, with Personnel or Payroll. Employees who terminate employment with the City will also terminate all benefits on their last day of employment. Terminating employees who were eligible for insurance coverage under the City's prowsions, are eligible for a Conversion Privilege Plan for medical coverage only. No conversion privilege is provided for dental coverage. Application for this plan and the f~rst premium payment must be made to the Insurance Company within thirty-one (31) days after the date of termination for the plan to be effective. Contact the Personnel Office for the appropriate forms or to obtain further ~nformation about the plan. 2. Group L~fe Insurance As part of the primary group health plan, after three (3) months of continuous employment, each regular employee of the City is auto- mat~cally covered with $10,000 of required group term life ~nsurance and $10,D00 of accidental death and dismemberment insurance. E. Retirement All regular employees working twenty (20) hours per week or more, are required to participate in the Texas Municipal Retirement System. Temporary employees, and part-time employees working twenty (20) hours or less per week, are not eligible to enroll in the Retirement System. Each member of the Retirement System shall deposit, Dy payroll deduction, five (5) percent of their salary to the Retirement Fund. The City contributes to the amount deposited by the employee in a 2:1 ratio. However, the money that the City contributes will only be received upon retirement with the City. Employees are eligible for full retirement benefits at sixty (60) years of age w~th ten (10) years of credited service. An employee may choose an early retirement at age fifty (50) with twenty-five (25) years of service, or at any age with twenty-eight (28) years of credited service. The Texas Municipal Retirement System provides two basic benefits to employees participating ~n the program; disability benefits and retirement benefits. Detailed descriptions of these oenefits are provided in booklets published by the Texas Municipal Retirement System. Questions concerning benefits and other provisions of the Retirement System can be answered oy the Personnel Off~ce. 13 o4897.1 ? Retirement rights for members of the Texas Municipal Retirement System become "vested" after ten (10) years of continuous service. "Vesting" means that if you terminate employment with the City but do not withdraw your deposits, you continue to be a member of the Retirement System. As a member your contributions and the City's contributions Nil1 continue to earn interest until you retire. The amount of the monthly benefit check which you receive upon retirement is based on: 1.) the total deposits made, plus interest earned; 2.) a 2:1 matching ratio the City contributes; 3.) the average annual saldry during the highest three of the last ten years' of contributing service, and 4.) which of the benefit payment plans you have selected. An employee who leaves the service of the City and ceases to be a member of the Texas Hunicipal Retirement System, except by death or retirement, is entitled to a refund of all accumulated contributions ~n his/her ~nd~wdual account. This includes tile employee's deposits and the interest credited annually by the Retirement System but excludes the contrioution made by the C~ty. F. Utility Refunds or No Deposits Employees who have completed their probationary period and are considered to be "permanent" employees of the C~ty, and whose utility bills are in their name, may apply for a refund on their utility service deposit or for exemption from this deposit. Employees who meet this criteria may pick up a "Utility Office Employment Verification and Refund Request" form in the Utility Office. This form must be completed by the employee, ~nitialed by the Personnel Office to verify employment, and then suomitted to the Utility Office for processing. This form is merely an application for refund or no deposit and may be rejected by the Utility Office for any reason. G. Credit Union Employees are eligible to enroll in the Brazos Valley Schools Credit Union. Benefits include provisions for Share Accounts, Share Draft Accounts, Loans, Life & Disability Income, Payroll Deductions, Certificates of Deposits, and Money Orders. 05397 To enroll in the Credit Union or obtain additional information, contact the Brazos Valley Schools Credit Union, the Personnel Office or the Payroll Office. VI. GENERAL POLICIES A. Maternity Leave Pregnancy is classified as a temporary disability and shall not be cause for refusal to hire, (except for reasons of business necessity), or for dismissal of an employee. An employee requesting maternity leave may take up to eight (8) weeks off due to pregnancy. At the end of the maternity leave the employee shal) De entitled to return to the position held or a comparable position at the time the maternity leave was granted. This period may be extended due to medical necessity. Maternity leave shall be cndrged against accrued Personal Leave (Sick Leave/Emergency Leave) wlth pay. If Personal Leave (Sick Leave/Emergency Leave) is exhausted during the per~od of maternity leave, Annual Leave may be used. If Annual Leave is exhausted, the employee shall be placed on leave without pay during the remaining period of dlsaoility. If an employee is on leave without pdy longer than thirty (30) days, fringe benefits (Annual and Personal Leave) will not continue to accrue, and the employee's merit date will be adjusted by the amount of time absent from worK. If an employee is off work without pay and has dependent medical and dental insurance coverage, the employee must make arrangements to pdy the cost of the dependent coverage, on a monthly bas~s, with Personnel or Payroll. Male employees may take up to f~ve (5) days Personal Leave (Sick Leave/Emergency Leave) for newborn infant care. B. Leave of Absence Any employee requesting a leave of aOsence WithOUt pay must submit a written request to his/her Department Head at least two (2) weeks prior to the date upon which the requested leave is to begin. In the case of an emergency leave, however, Department Heads may make an exception to this rule at the consent of the Personnel Manager. Regular employees may be granted a leave of absence for illness, disability, pregnancy, political activity, or for any other legitimate purpose that has been approved by the Oepartment Head and City Manager. 337. I S All requests for a leave of absence must De approved by your Department Head and the Personnel Manager. A leave of absence may be revoked by the Oepartment Head upon evidence submi:ted, indicating the cause of granting leave was misrepresented or has ceased to exist. Employees who take time off without approval from their Department Head, or fail to return to work on the date expected, will be subject to disciplinary action. If an employee is on leave without pay longer than thirty (30) days, fringe benefits (Vacation and Personal Leave) will not continue to accrue, and the employee's merit date will be adjusted. If an employee is off work without pay and has dependent medical and dental Insurance coverage, the employee must make arrangements to pay tne cost of the dependent coverage, on a monthly basis, with Personnel or Payroll. C. Military Leave All employees who are me)noers of the military services, active services, reserve units, National Guard, or other speclal units are entitled to leave of aOsence from their respective duties without loss of vacation time or salary on all days during which they are engaged in authorized trdin~ng or outy ordered. C~ty compensation for military leave is not to exceed fifteen (15) worklng days in any one calendar year; however, the days need not be consecutive. Time required over and above the maximum allowed military leave must De taken as vacation leave or leave of absence without pay, upon the approval of the Department/Division Head. All requests for leave must oe dccompanied by a copy of the order, d~rect~ve, notice, or other document requiring absence from scheduled work. D. Breaks If authorized by their inmnediate supervisor, employees may take two (gl 1S-minute breaks each working day, one in the morning and one ~n the afternoon. Such breaks shall be considered a privilege and not a right, and shall never interfere with proper performance of the work responsibilities and work schedules of each department. Breaks will not involve travel from work location. 16 E. Political Acttvtty No employee shall be restrained in the exercise of rights as a citizen to express an opinion or to cast a vote. However, if the political activities of an omployee substantially interfere with his/her job performance or the performance of others, the City Manager may require the employee to take a leave of absence during the campaign. No employee of the City shall solicit contributions, donations, or distribute campaign literature for elective City Officials while on City time. Employees may, however, actively campaign on their own time in a national, state, county or school board election. It is emphasized that all such activity must occur away from the work site and on the employee's own time. City employees may seek election to any public office prowded that a leave of absence has been requested and approved. Employees who are elected to a salaried public office are required to resign from City employment effective the date they take office. F. Time Off To Vote Employees are encouraged to register to vote in all national, state, county, or municipal elections; therefore, the employee shall be allowed sufficient time off w~tn pay to exercise this right. However, employees are encouraged to vote before or after their assigned work hours ~n order to minimize their loss of work time. It is the responsibility of the employee to contact his/her immediate supervisor and give advance notice of the time chosen to vote. The supervisor and employee may select another time ~f the one chosen conflicts with departmental duties. G. Jury Duty It is your civic responsibility to serve ~f called for jury duty. Full-time employees w~ll be kept on the payroll at full pay during their time off for jury duty. Your supervisor should be notified in advance, and immediately following duty. H. Dress Code & Appearance All office personnel who have considerable contact with the public shoula strive to dress and appear as professional people. When the manner of one's dress and condition of personal hygiene interferes with professionalism, then it needs correction, and will be the responsibility of the Departl~nt Head. The dress code for those employees working primarily outdoors should be considered separately from those who work primarily indoors, and those employees who are required to wear uniforms shall be provided the uniform by their department. 17 4397.2 , The fo1 lowing rules are suggested for those people working indoors: No immodest or unconventional manner of dress for office workers. No "T-shirts", tennis shoes, track shoes, or hiking shoes. Pressed, non-faded jeans or slacks are allowable with appropriate tops or shirts. Exceptions may be made by Department Heads for special events (Brazos de Dios, Halloween, etc.) Use of Alcohol or Other Mind-Altering Substances Possession or use of illegal drugs, alcohol, or any other chemical substances while on the job shall result in suspension or termination. If an employee is taking prescribed medication that may adversely affect his/her job performance, the supervisor should be notified immediately. Whenever the job performance of the employee m~ght result ~n an unsafe condition, the supervisor is authorized and instructed to relieve that employee from duty until the situation is corrected. J. Polygraph Examinations Employees who accept employment w~th the City, examination under the following circumstances: consent to a polygraph Public funds or property, which an employee has access to in his/her employment, is missing or damaged; Formai charges (complaint, ~nformat~on, or indictment) of misconduct or other criminal offenses have been made, which relate to an empluyee's job responsibilities, or his/her continuing fitness for a position; or The employee is a primary suspect for a criminal offense under investigation by a law enforcement agency, and the offense relates to the employee's job responsibilities or his/her continuing fitness for a position. Prior to the requirement of a polygraph examination, a preliminary ~nvestigation shall be conducted by the Internal Affairs Officer of the College Station Police Department. The Officer shall summarize existing evidence and list the employees ~mplicated by the evidence. Only where independent evidence identifies the suspect group may a polygraph examination be required. An employee shall be suspended without pay upon refusal to submit to a polygraph examination where required by these rules. K. Secondary £mployment The full-time position the employee holds with the City of College Station shall take precedence over any other occupational interest of the employee. An employee desiring and/or engaged in secondary employment must report that outside employment to his/her supervisor prior to accepting or engaging in such employment. If the secondary job is hazardous, presents a conflict of interest, or has an adverse effect on the employee's work with the City, the employee will be asked to give up his/her outside work or to resign from City service. L. Travel Poltcy The City will pay all transportation expenses ~ncurred for travel relating to work/training. Air travel will be paid for at the commercial coach fare rate. Any exceptions need to be approved by the F~nance Director. If an employee takes a personal vehicle, the City will pay $0.23/mile. This covers all vehicle costs, including gas. The use of personal vehicles w~ll not be authorized if a suitable City vehicle is available for use. The use of a personal vehicle must be approved ~n writing by the Finance Director in advance of the travel. An employee utilizing a City vehicle for travel may obtain a gas credit card from the Purchasing Department. All lodging expenses will be paid for at the single room occupancy rate. An employee taking a spouse will pay the difference in rates for double occupancy if there is such a charge. The City will pay room charges only; no extra charges such as movies or room service will be reimbursed. Only business calls will be paid for by the City. A detailed billing of hotel expenses must be submitted to Accounting for reimbursement of those costs. All meals and miscellaneous ~tems will be paid on a Per Diem schedule of $35.00/day for intrastate travel and $45.00/day for interstate travel. An employee will receive the daily per diem rate for each night the employee spends out of town regardless of actual expenses. No receipts will be required when receiving per diem with the exception of travel and lodging expenses. An employee who travels out of town and does not spend the n~ght will be paid actual expenses incurred for meals. (Employees must turn ~n their receipts to be reimbursed for these expenses). All travel advances must ~e cleared in Accounting no later than thirty (30) days after an employee has returned from travel. If a credit card has been used, it will De necessary to deliver all charge tickets to the Purchasing Department at the t~me the credit card is returned. All credit cards must be returned no later than forty-eight (48) hours after an employee has returned. 19 u4897. 3 #. Ctt~-Daned Vehicle Use Policy The use of a City-owned motor vehicle Oy an employee is neither a right nor a privilege but a trust conferred to facilitate necessary performance of job duties. City-owned vehicles shall be assigned and used only in the performance of official duty and not for personal use except as approved by the City Mdnager. Operators of City-owned motor vehicles must meet certain standards and follow the requirements as outlined in th~s regulation. Any employee who will operate a City-owned motor vehicle ~ust possess a valid driver's license and must have a clear driving record with l~mited moving violations. Employees who fail to maintain a valid and appro- priate driver's license, or driving record, w~ll not be allowed to operate City vehicles. It shall be the duty and 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. Operators of City-owned vehicles shall not transport unauthorized individuals who are not employed by the City without specific approval from the City Manager. All drivers will be required to obey all traffic rules and regulations prescribed by law and to use every safety measure possible to prevent accidents. Operators of all motorized equipment used in the service of the City WhO violate this regulation or become involved in any accident will be subject to disciplinary action ~f, upon investigation, it is determined that the employee was responsiOle for such action or, through carelessness or recklessness, he/she contributed to the cause of such accident. Certain managerial personnel and employees who are on call may take City vehicles home overnight. Th~s provision is limited by specific approval of the C~ty Manager. Departments will submit lists of those vehicles and personnel who take vehicles home to the Personnel Office periodically for monitoring. There may be occasions where security of equipment within vehicles is used as consideration for overnight permission. N. Education Policy Employees requesting time off from from work to attend classes must receive approval from their Depdrtment Head. Satisfactory arrangements must also be made by the employee and approved by the Department Head to make up the time outside of normal duty hours or receive a reduction in pay equ~l to the number of noursmissed. The class attendance must not interfere in any way with the accomplishment of City duties and responsibilities. It is not the policy of the City to reimburse the cost of the tuition and fees for courses taken in pursuit of a degree. O. Ctty Manager's Suggestion Box tn order to improve and continue the communication between employees and administration, suggestion boxes are located near every employee's workplace. The City Hanager's Suggestion Box is to be used by any employee wh~ wishes to make suggestions on improving operations or methods, or who would like to express a positive comment about any matter. All suggestions should be signed by the employee and the suggestions will only be read by the City Hanager. All suggestions will be kept strtctly confidential; however, supervisors w~ll be informed of basic ideas for improvements that are pertinent to their departments. P. City Facilities The City of College Station offers its employees numerous facilities for personal and bus~ness use. These facilities include the College Station parks, and their picnic pavilions, recreational facilities (swimming pools, tennis courts, basketball courts, baseball fields, etc.), the Teen Center, and the Community Center. To reserve these facilities for personal use, most will require a reservation, a deposit, or a fee that has been determined by City Council. The College Station swimming pools, however, may be used by C~ty employees for no admission fee. Those employees who are ~nterested in using any of these facilities should contact the appropriate department to ootain further information on their established guidelines. These facilities may also be used for City bus,ness. This usage, however, depends on the availability of the desired facility. To schedule any meetings, appointments, or recreational activities, contact the appropriate department. VII. SAFETY A. Safety Statement The City of College Station ~s interested in all phases of your safety and health, and firmly believes that there must be participation on your part in building and stimulating the safety efforts of all employees. The City will attempt to provide a proper place to work and proper equipment and tools with which to do your job so that you can perform your duties without danger to life and health. Safety is related to efficiency, an accident is often a warning signal of something faulty and reveals the need for correction in design, training, equipment or procedures. Accident prevention, both as a humanitarian goal and as an important obligation to the public we serve, needs your full cooperation. B. Driver's License Policy New Hires Before hiring a person as a potential driver of the City's motor vehicles, the City shall request that all applicants undergo a motor vehicle license check to verify their driving record. If driving a City vehicle is not required for the job, the driving record will be retained but not used in considering the applicant for employment. If driving a City vehicle is an infrequent occurrence and not required for the job, a bad driving record will be used in determining the desirability of the candidate. A bad driving record will be considered to be two (2) moving violations within a year's time, or a lengthy record for a three (3) year period. If a superwsor decides to hire the candidate with a bad record, a six (6) month period of no City vehicle driving will be in effect. A memo will be sent to the supervisor reiterating that the employee must not be allowed to drive a C~ty vehicle and if he does so, the responsibility will rest with the supervisor. If driving a C~ty vehicle is essential to the job, no one with two (2) moving violations in a one (1) year period or an extensive number of violations over a three (3) year period will be hired. Current Employees Those employees who drive as part of their joos, and who have bad driving records will be warned tl~at one more moving violation will result in one (1) weeK's suspension from work w~thout pay. A second moving violation will result ;n termination from that particular position. Those employees who drive ~nfrequently and who have a bad driving record will be prohiDited from driving a City vehicle if they have one (1) more moving violation. Three (3) moving violations within a year will result in one (1) weeK's suspension or prohibition of vehicle use depending on their driving frequency. Suspension of an employee's driver's license will result in termination from that position if that employee drives a vehicle as part of his/her job. The City will be unable to maintain in its employ any person who has an outstanding DPS motor vehicle warrant. The employee will be notified of such a warrant and allowed to clear it before any action is taken. C. Horker's Compensation The City of College Station provides full )~dical expense coverage for employees who incur acciaental injuries as a result of, and in the course of, their employment at no personal expense to the employee. In accordance with current personnel provisions, however, each new candidate for employment must sign a Waiver of Confidentiality form which provides a basis for determining the applicant's desirability. All employees who are injured on the job must notify their supervisors immediately after the injury occurs. Employees shall De required to return to work inmnediately when released by the examining physician. Failure to return to work when released shall result in appropriate disciplinary action. An employee who is released to return to work in less than "full duty status" by the examining physician may be required to work in a position and/or department other than his/her original position and/or department. Work duties shall be assigned in accordance w~th the employee's limitations and in the best interest of the City. An employee receiving non-disabling injuries in the course of his/her employment will be entitled to medicines and medical care as necessary for recovery. An employee receiving a job-related injury serious enough to cause absence from the job may be entitled to weekly compensation benefits in addition to medicines and medical care. VIII. EMPLOYEE SEPARATION A. Employee Resignation To leave the City ~n good standing, a minimum of two (2) weeks' notice from all resigning personnel is required. When the positions are of a highly skilled or technical nature and/or their replacement may require extensive recruitment, earlier notice is desirable. Resignations should be directed to the immed;ate supervisor and should be in writing. A brief signed statement identifying the effective date of the resignation is adequate. The reason(s) for resigning may be explained but is not necessary. Employees who seek to withdraw their resignation must submit a written request to the Department Heads stating the reasons for withdrawal of their resignation. T~e Personnel Manager and Department Head will discuss the withdrawal and notify the employee of their dec~sion as soon as possible. B. Termlnatton Processing It will be the responsibility of the terminating department to insure that all City property (i.e., keys, tools, equipment, etc.) has been turned in prior to submitting the Exit Checklist to the Personnel Office for the release of the employee's final paycheck. Terminating employees are responsible for completing an Exit Interview Form prior to their last date of employment. This form may be obtained in the Personnel Dffice. Employee's wishing to talk with the Personnel Hanager, prior to their effective date of termination, may do so by calling the Personnel Office to schedule an appointment. An employee who leaves the service of the City and ceases to be a member of the Texas Municipal Retirement System, except by death or retirement, is entitled to a refund of all accumulated contributions in h~s/her individual account. This includes the employee's deposits and the interest credited annually by the Retirement System but excludes the contribution made by the City. £mployees may apply for their Retirement contributions in the Personnel Office. C. Disciplinary and Termination Procedures In the ~nterest of good discipline and efficiency, a Department or Division Head may demote an employee, suspend an employee without pay, or terminate an employee. In all cases of disciplinary action the department should substantiate the action in writing so that the proper documentation is in the individual's personnel file. Specific provisions regarding the basis for discipline, termination, and appeal processing are set forth in the Disciplinary and Termination Procedures Document. This document may be reviewed by the employee and can be obtained either from his/her Department Head or the Personnel Office. It is the intent of the Disciplinary & Termination procedure to safeguard the rights of all employees, to assure that all employees are judged by fair and equitable standards, and to require that all rules are applied on an equitable basis. 2 8 DEFINITIONS Affinity Relationship by marriage, Sister, or Grandparent. i.e., Spouse's: Father, Mother, Brother, Anniversary Date The date on which an employee begins employment with the City. In some cases, this closely coincides with the date on which an employee is eligible to be considered for a salary increase. Appeal The administrative procedure whereby an employee who has been reprimanded, suspended, demoted, or dismissed may contest the action. Compensatory Time The hours an employee of the City is credited with for authorized work performed in addition to his regular hours and for which no monetary compensation is received. The rate for compensatory time is 1 1/2 times the hours worked. Consanguinity Blood relationship by descent from the same ancestor, Mother, Brother, Sister, Son, Daughter, Grandparent. i.e., Father, Demotion The assignment of an employee from a position in one pay grade to position in another pay grade having a lower salary rate. Department A major functional unit of the City government. Department Mead A person appointed by and responsible to the C~ty Manager for admini- stration of a Department. Division A major functional unit of a department. Dtvtsion Head A person responsible to a Department Head for administration work of a division. of the o4397. 9 25 Employee Any individual working in the service of the City of College Sation in an official, paid capacity or who is on unpaid leave of absence. Employee, Exempt A salaried employee not eligible for monetary work performed in addition to regular hours worked, compensatory time. compensation for but eligible for Employee, Non-Exempt An employee eligible for monetary or compensatory overtime provided in the "Overtime and Compensatory Time" policy. pay as Employee, Part-Time Any employee having an officially scheduled work week of less than 40 hours. Employee, Probationary An enployee who has not completed six months or more service with the City. of continuous Equal Employment Opportunity A policy and commitment that insures that all persons will have equal access to employment. All artihc~al, arbitrary, and unnecessary barriers to employment such as race, color, national origin, religion, sex, age and handicapped status are elimnated to ensure that all employment decisions are based solely on merit and ability to do the work. Evaluation Study The co)lection, analysis and evaluation of data by the Personnel Manager to determine the proper value of a classification and/or the proper classification of an individual pos~t~on. The evaluation process is done by a committee consisting of five (5) Senior Staff members. Grievance An alleged violation, misinterpretation or inequitable application of the rules, procedures, regulations, administrative orders, working conditions, or work rules of the City. Immediate Family For the purpose of relating to sick leave, immediate famly is defined as those individuals residing ~n the same household (spouse, children, and parents). For funeral leave, immediate family is defined as an employee's spouse, parents, children, brother, sister, grandparent or grandchild or any of these relationships related by affinity. Job Description The written description of the duties, a specific position. tasks, and responsibilities of Lateral Reassignment Reassignment of an employee to a position in the same pay having different duties and responsibilities. grade but Maternity Leave Temporary leave due to pregnancy, Merit Date Either the 1st or 16th of a month on which raises associated with evaluations are given. This period is usually one (1) year from date of hire or last promotion or demotion. Overtime The number of authorized hours worked by a full-time employee which exceed the 40 hours per work week that the employee was officially scheduled to be on duty and/or had received approved holiday, sick or vacation leave. Pay Grade D~wsions of the pay plan with specified rate of pay into which positions are classified, based on the value of the duties, responsibilities, authority, and other factors relative to all other positions ~n the City. Personnel File The off~cial employee Personnel Office. record and file which is maintained in the Probationary Period A working trial period of six months or more following initial employment or re-employment into a permanent budgeted position, during which an employee is required to demonstrate his/her ao~lity to perform the duties of the position. Promotion The assignment of an employee from a position in one pay grade to position ~n another pay grade having a higher maximin salary rate. Public Record Any information which ~s available to the public under the provisions of the Open Records Act and is also a provision of the City. Reclassification A change in allocation of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same pay level on the basis of substantial changes in the kind, difficulty and/or responsibility of duties in such position. Solicitation The act of asking, seeking, or attempting in any other manner to sell products or services to City employees or the public on City premises. Supervisor Any person responsible for directing the work of others. Suspension An involuntary absence disciplinary purposes. w~thout pay imposed by an authority for Transfer The move of an employee from one department to another. be promotional, demotional, or lateral. This move may Unexcused Absence Absence from work without permssion of an employee's supervisor. This tncludes failure to notify an ~mmediate of the inability to report to worK. immediate supervisor Workers' Compensation Benefit provided to City employees for occupat;onal injury that occur in the form of weekly compensation benefits, medic;nes, medical care. may and DISClPLZMANY AND ~[R~INATIOM PROC£OU~£ Before an employee may be reprimanded or reclassified without a reduction in pay, he is entitled to a conference with his supervisor, and may appeal the determination to his Department Head. Before an employee may be reclassified with a reduction in pay, suspended from employment, or terminated, he shall be notified of the reason for the action and given an opportunity for a hearing before the Head of the Department. Xf the employee chooses, he may appeal fro(B the dectston of hiS Department Head to the Personnel Manager. At either hearing, the employee is entitled to examine evidence, cross- examine kitnesses or present proof. Xf the ortgtnat decision maker on the disciplinary or termination action is either the Department Head or the Ctty Hanager, there sba1! be dtrect appeal to the next heartng level. If the employee's supervisor ts either the Department Head or City Manager, there shal 1 be direct appeal to the next hearing level. ~n the event of a termination, an employee may appeal the declslon of the Personnel Manager to a Review Board consisting of 3 available members of the City Counctl and 2 Senior Staff members designated by the City Hanager. Vnere the City Hanager is the original decision maker concerning disciplinary actton, the employee may appeal the deciston of the City Manager to the Review Board. An employee may be suspended with or wtthout pay pendtng Investigation of misconduct under the circumstances set forth in the formal procedures for disciplinary hearings. l. Minor Dlsctpllne~ Action A permanent employee shall be notlfted of any ~cts or omissions which his supervisor determines to be probable grounds for: (a) a written reprimand, which shall be a permanent part of the employee's personnel file, and (b) a reclassification or reasstgnlent of the employee without a reduction in pay. The supervisor shall hold a conference concerning the proposed disciplinary action. The supervisor shall ask the employee if he wtsnes to have a formal hearing before the Department Head as to any of the acts or omissions complained of. The supervisor shall give the employee a reasonable amount of ttme to decide. If the employee requests a hearing, the supervisor shall set a date and time and give nottce to the employee. The nearing shall be held tn accordance wtth the tntttal hearing procedure which follows. Ho appeal shall be permtted fr~ the tntttal hearing on (a) or (D) above. If ~he e.nployee does not request a hearing, the acts or o'~issions Involved shall be discussed by the supervisor and the employee, and the supervisor shall determine what, if any, disciplinary action snail be taken. #1nor Ofscfpltniry Actton Supervt sot Department Ilead 2. Reassignment and 5uspenston A permanent employee shall be given written notice of any acts or omissions which his supervisor determines to be probable grounds for: (a) reclassification with a reduction in pay (b) temporary suspension from employment without pay, The written notice she1] state the reason for the disciplinary action or termination, the genera1 sources of information relied upon, and the employment actions which could result. A permanent e~ployee shall meet with the supervisor and discuss the possible employment actions. W~ere the supervisor is not the Department Head, the employee may then request a formal hearing before the Department Head wtthin 3 ~orkJng days of receipt of the written notice signed by the employee, and delivered to the Oeparbnent Head. Zf d hearing rs requested, the Department ilead shall set a date Jn~ time and notify the employee. Failure to request a nearing by the specified time shdll waive L~e right to determination of any e~ployment dispute and snell constitute consent to any employment action proposed or indicated tn the original notice letter. The employee shall have the rtght to consult with an attorney prior to the hearing before the Oepdrtment Head, but ,say not be represented by counsel at the heartng ttself. This provision ts made tn the interest of streamlining the efficiency of public affairs end st.nplify~ng the tnttial procedure for the resolution of disputes. At the initial hearing, the head of the department in which t~e employee works shall review the sources of information or evidence concerning the acts or omissions which are the subject of the nearing. The supervisor may rely upon any Information ~hicn he believes to be c~edtble, ~ncludlng opinions and hearsay provtded that the determination made ~ay not be based sol ey upon opinion or hearsay. No other rules of evidence or proof shall apply. Tnb Department Head shall give the employee opportunity to address each of the matters discussed, as well as the credibility of any evidence to rebutt, present witnesses and :ross-examine. The Department Head shall explain possible actions with the employee, Including the goals or objecti obtained by the use of such disciplinary actions. and discuss them yes sought to De After the conclusion of the hearing, the Department Head shall make a determination and shall make a written report of the hearing and determination. Tnb written report shall include a brief suanary of the evidence relted upon, specifically stating tl~e source. The report shall state the objective sought to be obtained by d~sctplinary actions imposed. If the employee :booers he may appeal the decision of his Department Head to the Personnel Manager. If the Personnel Manager has had a major ~nvolvement ~n the predetermination stage or any such actions, the final decision will be made by the City Manager or his designate. The employee amy consult with, but ~aay not be represented at this hearing by an attorney. At either hearing, the employee is entitled to examine evidence, cross-examine atnesses or present proof. The employee may appeal the determination made by the Department Head delivering a signed, written notice within five (5) working days to the Personnel Oepartment. Upon receipt of notice for the appeal, the Personnel Department shall set up a time, and date for the appeal hearing and notify the employee. The Personnel Manager or a delegate, m~y hear .ppeals and make tnb final determ~nat;on thereon. Tnb ~zployee shall have the burden of presenting his case to the Personnel Manager first. Tnb Personnel Manager :nay review the reports from the initial nearing, if any, and any additional evidence presented. Tnb Personnel ~anager shall be entitled to confer with any parties outside the hearing and to rely upon any information or evidence t~ereby obtained, provided that: (al The employee and the City's representative are informed of his reliance upon such information or evidence and given reasonable opportunity to consider, address, dnd rebutt the same. (b) The reliance upon such information is clearly set fort~ in tnb written opinion or determination made by the Personnel Manager. In tnb case of disciplinary action, the decision of the Personnel Manager will be final. Tnb rules of evidence applicable under the Texas Ad,~n~strative Procedures Act shall apply at the appeal. Tne Rules in the Act pertaining to the opinion or determination zade at the hearing shall likewise apply, except as modified ~eretn. 8uth parties shall be entitled to cross-examine 411 witnesses. Reasstgment & Suspension Supelvisor Department Head Personnel Hanager 3. Termination A permanent ~*mployee sh~ll De given written notice of any acts or omissions which his supervisor determines to be probable grounds for ter. ainatton of e,nployment. The written notice shall state the reason for the disciplinary action or termination, the general sources of Information relied upon, and t~e employaent actions WhiCh could result. Where the supervisor ts not the Department Head, then the employee may then request d formal h~aring before the Oepartment Head within 3 working days of receipt of the written notice, by written request, signed by tha employee, and delivered to the Oepartment Head. If a hearing is requested, the Department Head shall set a date and time and notify the employee. Failure to request a nearing shall waive the right to determination of any employment dispute and shall constitute consent to the termination. At the initial nearing, the head of the Department in which the ~mployee works shall review :he sources of information or evidence concerning the acts or omissions constituting the basis for termination. The Oepar~aent Head ;ay rely upon any information dhlCh he be)teves to be credible, including opinions and hearsay, provided tnat the determination made may not be based soley upon opinion or hearsay. No other rules of evidence or proof shall apply. The depsrt~ent Head shall give the ~mployee the opportunity to address each of the ~atters discussed, as well as the credibility of any evidence, :o reoutt, present dlcn~s:~s, and CrOSS-eXdmlne. After conclusion of the initial hearing, the Department Head shall .adze a determination and Shall ,nuke a written report of the nedring and the determination. The written report shall include a oriel su~nary of the evidence relied upon, specifically stating the sourco. The report shall state the adjective sougnt to be obtained Dy the d~sclpl~nary action lmpus=~. The =~npluy2: .I.~y a~pe~l :ne deter,nination ~ade at the initial nearing by delivering a signed, ~rttten notice within five (5) wor~ing days to the Personnel Dep=rt;ent. Upon receipt of a notice for appeal, the Personnel Department shall set up a time and date for an appeal hearing and notify ~ne e,~pluyee. The Personnel Manager or his/her delegate she11 hear appeals, and ~ake the final determination. The Personnel Manager may review the report from the initial hearing, and any additional evidence presented. The Personnel Manager shall be entitled to confer w;th any parties outside the hearing, dnd to rely upon information or ewdence thereby obtained, provtded that: (al The employee and the City's representative are ~nformed of his/her reliance upon any such information or evidence, and given reasonable opportunity to consider, address, or rebutt same. (b) The reliance upon such information is clearly set forth in the written opinion or determination made by the Personnel Manager.. The employee may appeal the decision of the Personnel Manager to the Review 8bard by giving written notice to the Mayor's office within five (5) working days of the data of the Personnel Msnager's determination. Notification must be given at this time as to whether or not the employee intends to De represented by an attorney. Failure to do so by the specified time specify waives the right to have an attorney at the hearing. Fourteen (1¢) days ~n advance of the hearing, an employee or his attorney may request: (a) Copies of an docunentary evtdence chat wi)l be used the hearing. (b) A list of the items expected co be ShOWn or proved by the C~ty and the expected manner of proof, anetner by documentary evidence or by ~tness. The n~mes of w~t- nesses shall be identified by both parties. No other discovery Shell De permissible. The City Attorney shall supply the requested information five (5) days in advance of the hearing, rh~ City Attorney may request the sam~ information of the employee or his attorney and the employee or his attorney shall supply that ~nformation f~ve (5) days in advance of the hemming. The Rules of Evidence applicable under the Texas Administrative Act shall apply at the appeal. The Rules in the Act pertaining to the opinion or determination ~ade at the hearing shall likewise apply, except as modified herein. Both parties shall be entitled to cross- examine all ~itnesses. The Review aoard shall Oe authorized to issue subpoenas to any witnesses, or to issue subpoenas duces tatum for any documentary evidence, ~hich subpoenas shall be enforcedOle by contempt through the District Court of 8razos County. The parties ~ay rewew recordings, ~f any, of testimony at the hearing before the Personnel Manager. No written transcripts of prior appeals shall De required. The employee nmay request ~ transcript if a recording nas been made, which transcript shall be furnished by the City at the COSt of $2.00 per page. That cost snell be paid upon delivery of the transcript, buc such costs shall be reimbursed by the City if the employee's appeal is successful. A recording shall be made of the hearing before the Review 8nard, but stenographic recording is not required. Either party may make independent arrangements for stenographic recording of the hearing before the Review Board. Temtnetton Supervisor Personnel Manager Review ~oard 4. E~plnyee Suspension During Znvesttgatton of Nlsconduct A permanent umployee may be suspended with or without pay, subject to reinstatement and back pay where applicaole, where the City Manager determines that the risk of loss to the City of his continued employment, or the critical necessity of publlc confidence in his integrity, requires such suspension. Conclusion of any Investigation, and termination or reinstatement with back pay of any employee shall take place within sixty (60) days of any suspension, with or without pay, unless the employee consents, directly or Oy tmplication, :o a longer perioa of suspension. Where evidence of an employee's guilt or responsibility for a cr~me or act is insufficient co justify termination, after completion of investigation, but good cause continues to exist for questioning the employee's involvement, the City rianager .nay reassign the employee to a less sensitive position, or ~ay alter the duties of the employee. The employee's original pay status shall be ,maintained. An employee may appeal any action taken under this section to the Review 3nard for de hove hearing as provided for above.