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01-01-08-Ordinance-Adopting a Personnel Policy Manual-01/24/2008CITY OF SANGER, TEXAS ORDINANCE NO. 01-01-08 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING A PERSONNEL POLICY MANUAL FOR THE CITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has promulgated a Personnel Policy Manual for City Employees; and WHEREAS, the City Council has reviewed and approved the form of the same at the request of the City Manager; and WHEREAS, the City Council wishes to express its support for the City Manager and the Personnel Policy Manual and to repeal all personnel policy manuals in conflict; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS: SECTION 1. That the Personnel Policy Manual, dated January 1, 2008, promulgated by the City Manager of the City of Sanger, attached hereto by reference as Exhibit "A" and made part hereof for all purposes, is hereby adopted and approved in all respects as the official policy of the City of Sanger with regard to personnel administration. A copy of these policies shall be kept on file in the Office of the City Secretary. These policies may be amended from time to time by the City Manager by written memorandum. The City Manager will inform the City Council of any and all changes. SECTION 2. That any ordinance or previous employee or policy manual with regard to employment adopted, promulgated or used in the City is hereby repealed. SECTION 3. That any provision of the Personnel Policy Manual in conflict with law is hereby declared to be severable and any holding by any court of competent jurisdiction that any portion of the Manual is illegal or unenforceable for any reason shall not affect the remaining portions of the Personnel Policy Manual, which shall remain in full force and effect. SECTION 4. This ordinance will take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of Sanger, Denton County Texas, on the (y!J ► day of 2008. , F i,Fti5,1 p . } ✓f d,, •'eT in .. +" . ' alb`' A RAVED AST FO CITY ATTORNEY (RLD/ 12/21 /07) (23 3 3 3 ) APPROVED: I A AYOR ATTEST: CITY SECRETARY NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Robert L. Dillard, III Email: rdilard@njdlis.com Tami Taber City of Sanger 201 Bolivar Street P.O. Box 1729 Sanger, Texas 76266 Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214)965-9900 Fax (214) 965-0010 E-mail NJDHS@NJDHS.com December 26, 2007 RE: Ordinance Adopting Personnel Policy Manual Dear Tami: ROBERT L. DILLARD, JR. (1913-2000) H. LOUIS NICHOLS LAWRENCE W. JACKSON OFCOUNSEL Enclosed please find the ordinance you requested which I have signed. Please let me know if you have any questions or if there are any changes or corrections necessary in the form of this ordinance. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P� ay. Robert L. Dillard, III RLD/mew Enclosure 23354 By reference, the Personnel Policy Manual dated January 1, 2008, promulgated by the City Manager of the City Manager is attached hereto and approved hereby. City of Sanger Personnel Policy Manual January 1, 2008 201 BOLIVAR STREET SANGER, TEXAS 76266 Phone 940-458-7930 P.O. BOX 1729 Fax 940-458-4180 Welcome to the City of Sanger Thank you for joining the City of Sanger! We hope you agree that you have a great contribution to make to this City, and that you will find your employment with Sanger a rewarding experience. We look forward to the opportunity of working together to create a more successful City. We also want you to feel that your employment with Sanger will be a mutually beneficial and gratifying one. You have joined an organization that has established an outstanding reputation for quality. Credit for this goes to everyone in the organization. We hope you, too, will find satisfaction and take pride in your work here. As a member of the Sanger team, you will be expected to contribute your talents and energies to further improve the environment and quality of the City. This Personnel Policy Manual may provide answers to most of the questions you may have about Sanger's benefit programs, as well as City policies and procedures. You are responsible for reading and understanding this Personnel Policy Manual. If anything is unclear, please discuss the matter with your designated supervisor. We extend to you our personal best wishes for your success and happiness with the City of Sanger. Sincerely, City of Sanger 2 Notice This Personnel Policy Manual has been prepared to inform you of the City of Sanger's history, philosophy, employment practices, and policies, as well as the benefits provided to you as a valued employee. Some Things You Must Understand The policies in this manual are to be considered as guidelines. - The City of Sanger, at its option, may change, delete, suspend or discontinue any part or parts of the policies in this Personnel Policy Manual at any time without prior notice as business, employment legislation, and economic conditions dictate. - Any such action shall apply to existing as well as to future employees. - Employees may not accrue eligibility for monetary benefits that they have not become eligible for through actual time spent at work. - Employees shall not accrue eligibility for any benefits, rights, or privileges beyond the last day worked. - No one other than the City Manager of Sanger may alter or modify any of the policies in this Personnel Policy Manual. Any alteration or modification of the policies in this Personnel Policy Manual must be in writing. The City Council will be made aware of any changes to the policy. - Administration and Appointive Authority (Amended - Ord. #02-92 A & B, 7/7/92) (A) The City Manager is appointed by the City Council to be the Chief Administrative and Executive Officer of the City. He shall be responsible to the Council for the proper administration of all affairs of the City. He shall appoint, suspend and/or remove department head's or municipal officers after notification to the Council. (B) No individual City Council member shall direct the appointment, promotion, demotion, discipline or removal of any person by the City Manager or by any of his subordinates. No statement or promise by a supervisor, manager, or department head, past or present, may be interpreted as a change in policy, nor will it constitute an agreement with an employee. Should any provision in this Personnel Policy Manual be found to be unenforceable and invalid, such finding does not invalidate the entire Personnel Policy Manual, but only that particular provision. This Personnel Policy Manual replaces (supersedes) any and all other or previous Sanger Employee Manuals, or other Sanger policies whether written or oral as of January 1, 2008. 0 Contents Welcome to the City of Sanger 2 An Overview of the City of Sanger 3 Receipt and Acknowledgment 5 Content Page 6 What You Can Expect from the City of Sanger 9 What the City of Sanger Expects from You 10 Open Communications Policy 10 Suggestions 11 Ethical Standards 11 Employee Conduct 12 I. Employment Policies 13 1.01 At -Will Employment 13 1.02 Confidential Information 13 1.03 Customer Relations 14 1.04 Nepotism 14 1.05 Equal Employment Opportunity 15 1.06 Harassment Policy 15 1.07 How You Were Selected 17 Employee Background Check 18 Credit Investigation 18 Criminal Records 18 Driver's License and Driving Record 18 Health Examinations 19 Drug Testing 19 1.08 Standards of Conduct 19 Unacceptable Activities 19 Disciplinary Actions 21 Crisis Suspension 23 1.09 Introductory Period 24 1.10 Anniversary Date 25 1.11 Immigration Law Compliance 25 1.12 New Employee Orientation 25 1.13 Work Schedule 25 Business Hours 25 Attendance 26 Absence or Lateness 26 Meal and Break Periods 27 Severe Weather and Emergency Conditions 27 1.14 Employment Classifications 27 Full -Time Employees 27 Part -Time Employees 28 C Regular Employees 28 Temporary Employees 28 Non -Exempt and Exempt Employees 28 Americans with Disabilities Act of 1990 29 1.15 Personnel Records and Administration 29 Your Personnel File 30 Your Medical Records File 30 II. Compensation 30 2.01 Wage and Salary Policies 30 Compensation Philosophy 30 Basis for Determining Pay 31 Pay Period and Hours 31 Pay Cycle 31 Paycheck Distribution 31 Mandatory Deductions from Paycheck 31 Error in Pay 32 Overtime Pay 32 Longevity 32 Work Performed on City Holidays 32 Compensatory Time Off 33 Time Records 33 City Indebtedness 33 2.02 Performance and Compensation Reviews 33 Performance Reviews 33 Compensation Reviews 34 III. Benefits 34 3.01 Eligibility for Benefits 35 3.02 Insurance Coverage 35 3.03 Government Required Coverage 36 Workers' Compensation 36 Unemployment Compensation 36 Social Security 36 3.04 Retirement Plan 37 3.05 Other Benefits 37 Credit Union Membership 37 Tuition Reimbursement 37 IV. Leaves 38 4.01 Paid Leaves 38 Holidays 38 Vacation 39 7 Sick Leave 40 Personal Leave 41 Other Paid Leaves 41 4.02 Unpaid Leaves 42 Family/Medical Leave of Absence 42 4.03 Accepting Other Employment or 45 Going Into Business While on Leave of Absence V. Safety 45 5.01 General Policies 45 5.02 Reporting Safety Issues 45 5.03 Safety Rules 46 5.04 Weapons 48 5.05 Fire Prevention 49 5.06 Emergency Evacuation 49 5.07 Housekeeping 50 5.08 Property and Equipment Care 50 5.09 Restricted Areas 50 5.10 Safety Rules When Operating Machines and Equipment 50 5.11 Security 51 5.12 Smoking 51 VI. Separation of Employment 51 6.01 Termination 51 6.02 Insurance Conversion Privileges 51 6.03 Exit Interviews 52 6.04 Return of City of Sanger Property 52 6.05 Former Employees 52 6.06 Post -Employment Inquiries 52 VII. Workplace Policies 53 7.01 Communications 53 7.02 The City of Sanger Department Meetings 53 7.03 Computer Software (Unauthorized Copying) 53 7.04 Computers, Electronic Mail and Voice Mail Usage Policy 54 7.05 Dress Code and Personal Appearance 55 7.06 Drug and Alcohol Policy 56 7.07 Personal Use of City Property 61 7.08 Solicitations and Distributions 62 7.09 Use of City of Sanger Vehicles 62 7.10 Violence in the Workplace Policy 62 7.11 Complaint/Appeal Procedures 63 What You Can Expect From the City of Sanger The City of Sanger believes in creating a harmonious working relationship between all employees. In pursuit of this goal, the City of Sanger has created the following employee relation's objectives: Provide an exciting, challenging, and rewarding workplace and experience. 2. Select people on the basis of skill, training, ability, attitude, and character without discrimination with regard to age, sex, color, race, creed, national origin, religious persuasion, marital status, political belief, or a disability that does not prohibit performance of essential job functions. 3. Compensate all employees according to their effort and contribution to the delivery of quality services 4. Review wages, employee benefits and working conditions regularly with the objective of being competitive in these areas consistent with sound business practices. 5. . Provide vacation, sick leave, paid time off and holidays to all eligible employees. 6. Provide eligible employees with health and welfare benefits. 7. Assure employees through an established grievance procedure and after talking with their manager, an opportunity to discuss any issue or problem with higher supervisors. 8. Take prompt and fair action on any complaint, which may arise in the everyday conduct of our business, to the extent that is practicable. 9. Respect individual- rights and treat all employees with courtesy and consideration. 10. Maintain mutual respect in our working relationship. 11. Provide buildings and offices that are comfortable, orderly and safe. 12. Promote employees on the basis of their ability and merit. 13. Make promotions or fill vacancies from within the City of Sanger whenever practical. 14. Keep all employees informed of the progress of the City of Sanger, as well as the City's over all goals and objectives. 9 15. Promote an atmosphere in keeping with the City of Sanger's vision, mission, and goals. What the City of Sanger Expects From You: The City of Sanger needs your help in making each working day enjoyable and rewarding. Your first responsibility is to know your own duties and how to do them promptly, correctly and pleasantly. Secondly, you are expected to cooperate with management, and your fellow employees, and to maintain a good team attitude. The reason we all have a job is to provide services to our customers. It is important that we keep this in mind as we go about our work. Your position with the City is not an entitlement. You are expected to provide quality, value added service to all of our customers in a pleasant and friendly manner. How you interact with fellow employees and those whom the City of Sanger serves, and how you accept direction can affect the success of your department. In turn, the performance of one department can impact the entire service offered by the City of Sanger. Consequently, whatever your position, you have an important assignment; perform every task to the very best of your ability. You are encouraged to grasp opportunities for personal development offered to you. This manual offers insight on how you can perform positively and to the best of your ability to meet and exceed the City of Sanger's expectations. We strongly believe you should have the right to make your own choices in matters that concern and control your life. We believe in direct access to management. We are dedicated to making the City of Sanger a City where you can approach your manager, or any member of management to discuss any problem or question. We expect you to voice your opinions and contribute your suggestions to improve the quality of service provided by the City of Sanger. We're all human, so please communicate with each other and with management. Remember, you help create the pleasant and safe working conditions that the City of Sanger intends for you. The result will be better performance for the City over all, and personal satisfaction for you. Open Communications Policy The City of Sanger encourages you to discuss any issue that you may have with a co- worker directly with that person. If a resolution is not reached, please arrange a meeting with your supervisor to discuss any concern, problem, or issue that arises during the course of your employment. Retaliation against any employee for appropriate usage of Open Communication channels is unacceptable. Please remember it is counterproductive to a harmonious workplace for employees to create or repeat corporate rumors or office 10 gossip. It is more constructive for an employee to consult his/her supervisor immediately with any questions. Suggestions We encourage all employees to bring forward their suggestions and ideas about how our City can be made a better place to work and how our services to our customers can be enhanced. When you see an opportunity for improvement, please talk it over with your supervisor. She/he can help you bring your idea to the attention of the people in the City who will be responsible for possibly implementing it. All suggestions are valued and listened to. When a suggestion from an employee has particular merit, we will provide for special recognition of the individual(s)- who had the idea. Your ideas and suggestions, if presented in writing, will help us to review your suggestion and ensure that you get the maximum recognition for your contribution. Ethical Standards Put loyalty to the highest moral principals and to the City above loyalty to persons, City departments, divisions, sections or work units. Uphold the laws and regulations of the United States, the State of Texas and the City of Sanger, and never be a party to their evasion. Give a full day's labor for a full day's pay, giving to the performance of your duties your earnest and best thought. Seek to find and employ more efficient and economical ways of getting your job accomplished. Never discriminate by the giving of special favors or privileges to anyone, and never accept, for yourself or your family, favors or benefits under circumstances which could be construed by reasonable persons as influencing the performance of your governmental duties. Make no private promises of any kind binding upon your job or office, since a City government employee has no private word, which can be binding on public duty. Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties. Never use any information coming to you confidentially in the performance of your City duties as a means for making private profit. 11 Expose illegal conduct wherever discovered. If you believe that an illegal act has been committed, you should report the suspected violation to your supervisor or the department head. If you do not feel comfortable reporting the suspected violation within your department, you may report it by contacting the City Manager. Employee Conduct Employees of the City of Sanger are expected to conduct themselves and to transact City business in a manner that positively promotes the City and reflects high ethical standards. Unacceptable work performance and related behaviors include violations of stated City or department policy; failure to follow rules that promote the general health safety and well being of employees; misuse and/or abuse of City equipment, property or vehicles; failure to perform one's work according to established standards; discourteous treatment of other employees or the general public. These are a few examples of the kinds of behaviors, which will result in disciplinary action. The City may take a variety of disciplinary actions. 12 I. Employment Policies 1.01 At -Will Employment Your employment with the City of Sanger is At -Will. This means that neither you nor the City of Sanger has entered into a contract regarding the duration of your employment. You are free to terminate your employment with the City of Sanger at any time, with or without reason. Likewise, the City of Sanger has the right to terminate your employment, with or without reason, at the discretion of the City of Sanger. No employee of the City of Sanger can enter into an employment contract for a specified period of time, or make any agreement contrary to this policy without written approval from the City Manager. Termination of Employment The City of Sanger will consider you to have voluntarily terminated your employment if you do any of the following: 1. Resign from the City of Sanger. 2. Fail to return from an approved leave of absence on the date specified by the City of Sanger. 3. Fail to report to work or call in before your scheduled time to report to work. 4. Accept full time employment with another organization while on leave from the City of Sanger or that will preclude you from fulfilling your duties to the City of Sanger. 1.02 Confidential Information Upon accepting employment with the City of Sanger, you were asked to sign a Confidentiality Agreement, which generally provides that you will not disclose or use any of the City of Sanger confidential information, either during or after your employment. We sincerely hope that our relationship will be long-term and mutually rewarding. However, your employment with the City of Sanger assumes an obligation to maintain confidentiality, even after you leave our employ. Additionally, our customers and suppliers entrust the City of Sanger with important information relating to their businesses. The nature of this relationship requires maintenance of confidentiality. In safeguarding the information received, the City of Sanger earns the respect and further trust of our customers and suppliers. 13 If someone questions you outside the City or your department and you are concerned about the appropriateness of giving them certain information, you are not required to answer, instead, as politely as possible, refer the request to your supervisor. No one is permitted to remove or make copies of any City of Sanger records, reports or documents without prior approval of the City Manager. Disclosure of confidential information could lead to termination, as well as other possible legal action. 1.03 Customer Relations The success of the City of Sanger depends upon the quality of the relationships between the City of Sanger, our employees, citizens, suppliers and the general public. Our customers' impression of the City of Sanger is greatly formed by the people who serve them. In a sense, regardless of your position, you are the City of Sanger's ambassador. The more goodwill you promote, the more our customers will respect and appreciate you, the City of Sanger and the City of Sanger's services. Below are several things you can do to help give citizens a good impression of the City of Sanger. These are the building blocks for our continued success: 1. Act competently and deal with customers in a courteous and respectful manner. 2. Communicate pleasantly and respectfully with other employees at all times. 3. Follow up on orders and questions promptly, provide business -like replies to inquiries and requests, and perform all duties in an orderly manner. 4. Take great pride in your work and enjoy doing your very best. These policies apply to all areas of employment, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation benefits, social and recreational programs, and all other conditions and privileges of employment in accordance with applicable federal state, and local laws. 1.04 Nepotism (A) The City of Sanger will not employ anyone related to any member of the City Council by blood or marriage as outlined in State statutes and the City Charter. This restriction also includes the City Manager and City Secretary. (B) If relatives and members of an immediate family of other current employees shall be employed, they shall not serve in the same department unless specific approval has been obtained from the City Manager. 14 1.05 Equal Employment Opportunity The City of Sanger is an equal employment opportunity employer. Employment decisions are based on merit and business needs, and not on race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law. The City of Sanger complies with the law regarding reasonable accommodation for handicapped and disabled employees. The City of Sanger's City Council has issued the following policy stating the City of Sanger's views on this matter. It is the policy of the City of Sanger to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA). The City of Sanger will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. The City of Sanger will also make reasonable accommodation wherever necessary and practical for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential duties and assignments connected with the job and provided that any accommodations made do not impose an undue hardship on the City of Sanger. Equal employment opportunity notices are posted near employee gathering places as required by law. These notices summarize the rights of employees to equal opportunity in employment and list the names and addresses of the various government agencies that may be contacted in the event that any person believes he or she has been discriminated against. Management is primarily responsible for seeing that the City of Sanger's equal employment opportunity policies are implemented, but all members of the staff share in the responsibility for assuring that by their personal actions the policies are effective and apply uniformly to everyone. Any employees, including managers, involved in discriminatory practices will be subject to termination. 1.06 Harassment Policy The City of Sanger intends to provide a work environment that is pleasant, professional, and free from intimidation, hostility or other offenses, which might interfere with work performance. Harassment of any sort - verbal, physical, and visual will not be tolerated, particularly against employees in protected classes. These classes include, but are not limited to race, color, religion, sex, age, sexual orientation, national origin or ancestry, disability, medical condition, marital status, veteran status, or any other protected status defined by law. 15 What is Harassment? Workplace harassment can take many forms. It may be, but is not limited to, words, signs, offensive jokes, cartoons, pictures, posters, e-mail jokes or statements, pranks, intimidation, physical assaults or contact, or violence. Harassment is not necessarily sexual in nature. It may also take form of other vocal activity including derogatory statements not directed to the targeted individual but taking place within hearing. Other prohibited conduct includes written materials, such as notes, photographs, cartoons, articles of a harassing or offensive nature, and taking retaliatory action against an employee for discussing or making a harassment complaint. Responsibility All City of Sanger employees, and particularly supervisors, have a responsibility for keeping our work environment free of harassment. Any employee that becomes aware of an incident of harassment, whether by witnessing the incident or being told of it, must report it to his or her immediate supervisor or to the designated management representative with whom they feel comfortable. When management becomes aware of the existence of harassment, it is obligated by law to take prompt appropriate action, whether or not the victim wants the City to do so. Reporting While the City of Sanger encourages you to communicate directly with the alleged harasser, and make it clear that the harasser's behavior is unacceptable, offensive or inappropriate, it is not required that you do so. It is essential, however, to notify your supervisor immediately even if you are not sure the offending behavior is considered harassment. Any incidents of harassment must be immediately reported to a manager or other management representative. Appropriate investigation and disciplinary action will be taken, all reports will be promptly investigated with due regard for the privacy of everyone involved. However, confidentiality cannot be guaranteed. Any employee found to have harassed a fellow employee or subordinate will be subject to severe disciplinary action up to and including termination. The City of Sanger will also take any additional action necessary to appropriately remedy the situation. Retaliation of any sort will not be permitted. No adverse employment action will be taken for any employee making a good faith report of alleged harassment. The City of Sanger accepts no liability for harassment of one employee by another employee. The individual who makes unwelcome advances, threatens or in any way harasses another employee is personally liable for such actions and their consequences. The City of Sanger may or may not provide legal, financial or any other assistance to an individual accused of harassment if a legal complaint is filed. Policy Statement on Sexual Harassment Miat Is Sexual Harassment? Sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when such conduct creates an offensive, hostile and intimidating working environment and prevents an individual from effectively performing the duties of his or her position. It also encompasses such conduct when it is made a term or condition of employment or compensation, either implicitly or explicitly and when an employment decision is based on an individual's acceptance or rejection of such conduct. It is important to note that sexual harassment crosses age and gender boundaries and cannot be stereotyped. Among other perceived unconventional situations, sexual harassment may even involve two women or two men. Sexual harassment may exist on a continuum of behavior. For instance, one example of sexual harassment may be that of an employee showing offensive pictures to another employee. Generally, two categories ' of sexual harassment exist. The first "quid pro quo", may be defined as an exchange of sexual favors for improvement in your working conditions and/or compensation. The second category, "hostile, intimidating, offensive working environment," can be described as. a situation in which unwelcome sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature when such conduct creates an intimidating or offensive environment. Examples of hostile, intimidating, and offensive working environment includes but is not limited to pictures, cartoons, symbols, or apparatus found to be offensive and which exist in the work space of an employee. This behavior does not necessarily link improved working conditions in exchange for sexual favors. It is also against the City of Sanger policy to download inappropriate pictures or materials from computer systems, or to use the internet to view inappropriate material. The City of Sanger prohibits any employee from retaliating in any way against anyone who has raised any concern about sexual harassment or discrimination against another individual. The City of Sanger will investigate any complaint of sexual harassment and will take immediate and appropriate disciplinary action if sexual harassment has been found within the workplace. 1.07 How You Were Selected The City of Sanger is confident that as a result of the mutual selection process undertaken, your employment will prove to be beneficial to the City of Sanger as well as yourself and we look forward to having you join us. We carefully select our employees through written applications, personal interviews and reference checks. After all available information was considered and evaluated you were selected to become a member of our team! This selection process helps the City of Sanger find and employ people who are concerned with their own personal success and the success of the City of Sanger; people who want to do a job well; people who can carry on their work with skill and ability; and people who are comfortable with the City of Sanger and who can work well with our team. 17 Employee Background Check Prior to becoming an employee of the City of Sanger, a job -related background check was conducted. As you may know, a comprehensive background check may consist of prior employment verification, professional reference checks, and education confirmation. As appropriate, a credit, criminal, health examination and/or driving record history may have also been obtained. Credit Investigation Following the requirements imposed by the Federal -Truth -In -Lending and the Fair Credit Reporting Acts, a Federal statute that regulates the activities of consumer reporting agencies and users of credit reports, and protects consumers from invasions of privacy by placing certain restrictions on persons who may use or disseminate credit information about the consumer, the City of Sanger conducts a pre -employment credit check only on those applicants for positions that involve financial responsibility. Your employment with us may be conditional upon our review of the information in the credit check. The City of Sanger reserves the right to conduct this credit check at any time after you have been employed. Remember, you have certain legal rights to discover and to dispute or explain any information prepared by the credit checking company. Criminal Records In response to the City of Sanger's zero -tolerance of Violence in the Workplace Policy, the City of Sanger may conduct a pre -employment criminal check on all new employees. The criminal record is checked to protect the City of Sanger's interest and that of its employees and citizens. Criminal background checks may also be conducted from time to time on current employees at the direction of the City Manager. Employees who are charged and/or convicted of a misdemeanor.or felony must notify the City Manager within seventy-two (72) hours of notice of the charge or conviction is made to the employee. Failure to do so may result in disciplinary action, up to and including possible termination. Driver's License and Driving Record Employees whose work requires operation of a motor vehicle must present and maintain a valid driver's license. Any changes in your driving record must be reported to your supervisor immediately. Failure to do so may result in disciplinary action, up to and including possible termination. The City may conduct a driving record check of current employees from time to time. IN Health Examinations The City of Sanger reserves the right to require an employee's participation in a health examination to determine the employee's ability for performing his/her essential job functions. All such health exams shall be paid for by the City. Drug Testing The City of Sanger reserves the right to require an employee's participation in a drug -screening prior to employment, as well as submitting to random drug testing after employment. 1.08 Standards of Conduct Whenever people gather together to achieve goals, some rules of conduct are needed to help everyone work together efficiently, effectively, and harmoniously. By accepting employment with us, you have a responsibility to the City of Sanger and to your fellow employees to adhere to certain rules of behavior and conduct. The purpose of these rules is not to restrict your rights, but rather to be certain that you understand what conduct is expected and necessary. When each person is aware that he/she can fully depend upon fellow workers to follow the rules of conduct, our organization will be a better place to work for everyone. Unacceptable Activities Generally speaking, we expect each person to act in a mature and responsible way at all times. If you have any questions concerning any work or safety rule, or any of the unacceptable activities listed below, please see your supervisor for an explanation. Note that the following list of Unacceptable Activities does not include all types of conduct that can result in disciplinary action, up to and including termination. Nothing in the list alters the At -Will nature of your employment. Either you or the City of Sanger may terminate the employment relationship with or without reason, and in the absence of any violation of these rules. Violation of any City rule or policy; any action that is detrimental to the City of Sanger's efforts to operate effectively. 2. Violation of security, safety rules, failure to observe safety rules or safety practices; failure to wear required safety equipment; tampering with the City of Sanger equipment or safety equipment. 3. Negligence or any careless action which endangers the life or safety of another person. 4. Being intoxicated or under the influence of a controlled substance while at work; use, possession or sale of a controlled substance in any quantity at any time, except medications prescribed by a physician which do not impair work performance. W 5. Unauthorized possession of dangerous or illegal firearms, weapons or explosives on City property or while on duty or on business for the City. 6. Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone when representing the City of Sanger; fighting, or provoking a fight, or negligent damage of property. 7. Insubordination or refusing to obey instructions properly , issued by a supervisor pertaining to your work, refusal to help out on a special assignment. 8. Threatening, intimidating or coercing fellow employees on or off the premises at any time, for any purpose. 9. Engaging in an act of sabotage; negligently causing, by act or omission, the destruction or damage of City property or the property of fellow employees, customers, suppliers, or visitors in any manner. 10. Theft or unauthorized possession of City property or the property of fellow employees; unauthorized possession or removal of any City property, including documents from the premises without prior permission from management, unauthorized use of City equipment or property for personal reasons, using City equipment for profit. 11. Dishonesty, falsification or misrepresentation on your application for employment or other work records, lying about sick or personal leave, falsifying reason for a leave of absence or other data requested by the City of Sanger; alteration of City records or other City documents. 12. Giving confidential or proprietary information to any unauthorized person or organization, and/or breach of confidentiality of personnel information. 13. Spreading malicious gossip and/or rumors; engaging in behavior which creates discord and lack of harmony; interfering with another employee on the job; restricting work output or encouraging others to do the same. 14. Immoral conduct or indecency. 15. Conducting a lottery or gambling on City premises. 16. Unsatisfactory or careless work, failure to meet production or quality standards as explained to you by your supervisor. 17. Any act of harassment, sexual, racial or other; telling sexist or racist jokes; making racial or ethnic slurs. 20 18. Leaving work before the end of a workday or not being ready to work at the start of a workday without approval of your supervisor; stopping work before time specified for such purposes. 19. Sleeping or loitering during working hours. 20. Excessive use of City telephone for personal calls. 21. Smoking in restricted areas or at non -designated times as specified by department rules. 22. Creating or contributing to unsanitary conditions. 23. Posting, removing or altering notices on any bulletin board on City property without the permission of a supervisor at the department head level or higher of the City of Sanger. 24. Failure to report an absence or late arrival, excessive absence or lateness. 25. Posting your own utility bill. 26. Obscene or abusive language toward any manager, employee or customer, indifference or rudeness towards a citizen or fellow employee; any disorderly/antagonistic conduct during working hours. 27. Speeding or careless driving of City vehicles. 28. Failure to immediately report damage to, or an accident involving, City equipment. 29. Soliciting during working hours and/or in working areas; selling merchandise or collecting funds of any kind for charities or others without authorization during business hours, or at a time or place that interferes with the. work of another employee on City premises. 30. Failure to use your timesheet; alteration of your own time -sheet or records or attendance documents; punching or altering another employee's time -sheet or records, or causing someone to alter your time -sheet or records. Disciplinary Actions This Disciplinary Actions Policy applies to all employees. This policy pertains to matters of conduct as well as the employee's competence. However, an employee may be dismissed, with or without cause, without resorting to the steps set forth in this policy. 21 Under normal circumstances, managers are expected to follow the procedure outlined below. There may be particular situations, however, in which the seriousness of the offense justifies the omission of one or more of the steps in the procedure. Likewise, there may be times when the City may decide to repeat a disciplinary step. Further, at any and all steps of the disciplinary process the employee has the right to avail themselves of the Complaint/Appeal Procedure outlined in Section 7.11. Discipline Procedure Unacceptable behavior, which does not lead to immediate dismissal, may be dealt with in the following manner: Oral Reminder 2. Written Warning 3, Progressive Discipline 4. Termination Step One: Oral Reminder Your supervisor will give you notice and meet with you to discuss the problem or violation making sure that you understand the nature of the problem or violation and the expected remedy. The purpose of this conversation is to remind you of exactly what the rule or performance expectation is and also to remind you that it is your responsibility to meet the City of Sanger's expectations. You will be informed that the Oral Reminder is the first step of the discipline procedure. Your supervisor will fully document the Oral Reminder. Documentation of the incident will remain in a confidential file and will not be placed in your personnel record, unless another disciplinary event occurs. Confidential files will be kept in the City Manager's office. Step Two: Written Warning If your performance does not improve, or if you are again in violation of City of Sanger practices, rules or standards of conduct, your supervisor will give you notice and discuss the problem with you, emphasizing the seriousness of the issue and the need for you to immediately remedy the problem. Your supervisor will advise you that you are now at the second formal level of disciplinary action. After the meeting, your supervisor will write a memo to you summarizing the discussion and the changes required. A copy of the memo will be placed in to your personnel file after review by the City Manager. 22 Step Three: Progressive Discipline If your performance does not improve following the Written Warning, or if you are again in violation of the City of Sanger practices, rules or standards of conduct, your supervisor will give you written notice of the specific charges and the opportunity for a hearing. After the hearing and review of all information submitted your supervisor may impose more progressive discipline including, but not limited to; suspension without pay, demotion, a temporary or permanent reduction in pay, reassignment to a lesser paying position, or termination. As stated above, the employee may appeal this decision by utilizing the complaint/appeals procedure contained in this document. After discipline is imposed, you will be allowed to return to work with the understanding that if a positive change in behavior does not occur, or if another disciplinary problem occurs, you will be subject to further discipline in accordance with the above procedure up to and including termination. If you are unwilling to make such a commitment, you may either resign or be terminated. Crisis Suspension If you commit any of the actions listed below, or any other action not specified but similarly serious, you will be given a written notice and an opportunity for a hearing and possibly suspended without pay pending an investigation of the situation. Following the investigation and further notice and hearing, you may be terminated without any previous disciplinary action having been taken. 1. Failure to meet prescribed standards of work. 2. Theft or misuse of City property or funds. Destruction of City property 4. Incompetence, inefficiency or negligence in the performance of duty. 5. Insubordination that constitutes a breach of discipline. 6. Conviction of a felony. 7. Unauthorized absence or abuse of leave privileges. 8. Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his or her duties. 9. Falsification of records. 23 10. Use of official position for personal advantage. 11. Use of City equipment, funds or material for personal benefit. 12. Use and/or possession of illegal intoxicants, drugs or narcotics. 13. Reporting for duty while under the influence of intoxicants or the possession of alcohol while on duty. 14. Abuse or unnecessary rudeness to the public. Step Four: Ter°niination The final step in the disciplinary process is Termination. Employees will be given notice of a pre -termination hearing and said hearing will be held prior to the decision to terminate. Employee may waive the right to a hearing or voluntarily resign prior to the hearing. The City and employee may call witnesses one at a time to speak at the hearing. The employee will also be given the opportunity to state his or her case before a decision is made. The supervisor will review all pertinent information and make a determination to terminate or not terminate. The decision will then be forwarded to the City Manager for review. 1.09 Introductory Period Your first six months of employment at the City of Sanger are considered an Introductory Period. This Introductory Period will be a time for getting to know your fellow employees, your supervisor and the tasks involved in your job position, as well as becoming familiar with the City of Sanger's policies and procedures. Your supervisor will work closely with you to help you understand the needs and processes of your job. This Introductory Period is a "getting acquainted" time for both you, as an employee, and the City of Sanger, as an employer. During this Introductory Period, the City of Sanger will evaluate your suitability for employment, and you can evaluate the City of Sanger as well. Please understand, however, that completion of the Introductory Period does not guarantee continued employment, as employment is always At -Will. You are free to terminate your employment at any time, with or without reason, and the City of Sanger may choose to terminate your employment at any time, with or without reason. At the end of the Introductory Period, your supervisor will discuss your job performance with you. This review will be similar to the job performance review that is held for regular full-time or part-time employees on an annual basis. A former employee who has been rehired after a separation from the City of Sanger is considered an introductory employee and subject to the introductory period. 24 1.10 Anniversary Date The first day you report to work is your "official" anniversary date. Your anniversary date is used to compute various conditions and benefits described in this Personnel Policy Manual. 1.11 Immigration Law Compliance All offers of employment are contingent on verification of your right to work in the United States. On your first day of work you will be asked to provide original documents verifying your right to work and, as required by Federal law, to sign an I-9 form, Employment Eligibility Verification. If you at any time cannot verify your right to work in the United States, the City of Sanger may be obliged to terminate your employment. 1.12 New Employee Orientation On your first working day, you will be asked to complete employment paperwork. Depending on your department's workload, your supervisor will introduce you to your co-workers and office layout, as well as direct you to the office of Human Resources for orientation to include the following: 1. Personnel policies 2. Retirement benefits 3. Insurance benefits 4. Attendance requirements 5. Disciplinary and grievance procedures 6. Payroll procedures 7. Introductory period requirements 8. Safety manual 9. Copy of drug screening policy Please feel free to call Human Resources and ask any questions not answered during your orientation. All new employees shall complete the following prior to beginning their duties: 1. Immigration I-9 citizenship form 2. All federal and state payroll deduction forms 3. Group insurance and 125 plan forms 4. TMRS enrollment 1.13 Work Schedule Business Hours 25 Your particular hours of work and the scheduling of your meal period will be determined and assigned by your supervisor. Most employees are assigned to work a forty (40) hour work week. You are required to take a 1 hour lunch. Should you have any questions concerning your work schedule, please ask your supervisor. Attendance The City of Sanger expects you to be ready to work at the beginning of your assigned daily work hours, and to reasonably complete your projects by the end of your assigned work hours. Please let your supervisor know if you will be away from your workstation for an extended period of time and when you expect to return. Absence or Lateness From time to time, it may be necessary for you to be absent from work. The City of Sanger is aware that emergencies, illnesses, or pressing personal business that cannot be scheduled outside your work hours may arise. Personal days, sick days, vacation days, and emergency leave have been provided for this purpose. If you are unable to report to work, or if you will arrive late, please contact your supervisor immediately. If you know in advance that you will need to be absent, please request this time off directly from your supervisor. When you call in to inform the City of Sanger of an unexpected absence or late arrival simply ask for your supervisor. If you're arriving to work late, please let your .supervisor know when you expect to arrive for work. If you are unable to call in yourself because of an illness, emergency or for some other reason, be sure to have someone call for you. Absence from work without notifying your supervisor will be considered a voluntary resignation. If you are absent because of an illness or injury for three (3) or more successive days (two (2) or more shifts for 24 hour employees), you must submit written documentation from your doctor stating you are able to resume normal work duties before you will be allowed to return to work. A consistent pattern of absences or questionable absences may be cause for disciplinary action. In addition, excessive lateness or leaving early without letting your supervisor know will be considered a "lateness pattern" and may be grounds for disciplinary action. Other factors, like the degree and reason for the lateness, will be taken into consideration. Your supervisor will make a note of any absence or lateness, and their reasons, in your personnel file. Be aware that excessive absences, lateness or leaving early may lead to disciplinary action, including possible dismissal. 26 Meal and Break Periods You are entitled to two (2) fifteen (15) minute paid breaks each workday. Normally these breaks will be scheduled at two different intervals, one prior to your meal period and one after your meal period. These breaks should be scheduled with your supervisor. If you work in a department where breaks are not directly assigned, please coordinate with your co-workers to maintain adequate coverage at all times. If you work longer than four (4) hours, you will be given an unpaid meal period. The time when meal periods are scheduled varies among departments, depending on the needs of each department. You are requested not to perform any work other than responding to emergencies during your regularly scheduled meal period. It is important to return to work on time at the end of your meal period. Severe Weather and Emergency Conditions During periods of inclement weather the City Manager may implement a liberal leave policy. Under liberal leave non -essential employees will be allowed to use accrued time off or take unpaid leave instead of reporting for work. 1.14 Employment Classifications You are classified in three different ways. First you are classified as a regular or temporary employee. Second, you are classified as full-time or part-time employee based on the number of hours you are scheduled.to work. In addition, you are classified as either non-exempt or exempt. All other policies described in this Personnel Policy Manual and communicated by the City of Sanger apply to all employees, with the exception of certain wage, salary and time off limitations applying only to "non-exempt" employees and certain benefits that apply only to regular, full- time employees. If you are unsure of which job classification your position fits into, please ask your supervisor. The City reserves the right to change your classification from time to time as conditions warrant. Full -Time Employees An employee who has successfully completed their introductory period (see the Introductory Period Policy for a specific definition) and who works at least forty (40) hours per week is considered a full-time employee. Unless otherwise specified, the benefits described in this Personnel Policy Manual apply only to regular, full-time employees. If you were a full-time employee and have been on an approved leave of absence, upon return you will be considered a full-time employee, provided you return to work as agreed in the provisions of your leave. 27 Part -Time Employees An employee who works less than forty (40) hours per week is considered a part-time employee. If you are a part-time employee, please understand that you are not eligible for benefits described in this Personnel Policy Manual, except as granted herein, or to the extent required by provision of State and Federal laws. Regular Employees Employees hired to work on a regular basis for an indefinite period of time are classified as "regular" employees. Such employees maybe either full or part-time. Temporary Employees From time to time, the City of Sanger may hire employees to fill temporary positions. An employee hired under these conditions will be considered a temporary employee. The job assignment, work schedule and duration of the position will be determined on an individual basis. Normally, a temporary position will not exceed ten (10) months in duration, unless specifically extended by the City Manager. A temporary employee does not become a regular employee by virtue of being employed longer than the agreed upon specified period. Paramedics working on a contractual basis are considered temporary employees even if they work longer than ten (10) months and are not eligible for benefits. Temporary employees are not eligible for benefits described in this Personnel Policy Manual, except as granted on occasion, or to the extent required by provision of State and Federal laws. Those temporary employees classified as "non-exempt" who work more than forty (40) hours during any work week will receive overtime pay. Non -Exempt and Exempt Employees At the time you are hired, you will be classified as either "exempt" or "non-exempt." This is necessary because, by law, employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours during any work week. These employees are referred to as "non-exempt" in this Personnel Policy Manual. This means that they are not exempt from (and therefore should receive) overtime pay. Special rules apply to public safety non-exempt personnel. Exempt employees are administrators, executives, professionals, directors, and others whose duties and responsibilities allow them to be "exempt" from overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable State laws. Exempt positions are not eligible for overtime compensation W Americans with Disabilities Act of 1990 In compliance with the American with Disabilities Act of 1990 the City of Sanger shall not discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, hiring, training, and other terms, conditions, and privileges of employment. The term "qualified individual with a disability" means an individual with a disability that, with or without reasonable accommodation, can .perform the essential functions of the employment position that such individual holds or desires. The City may make pre -placement inquiries of the employment position that such individual holds or desires, and into the ability of an applicant to perform essential, job -related functions. Further, the City may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the result of the examination if : (a) all employees entering the job category are subjected to such an examination regardless of disability (b) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that: (i) supervisors and managers may be informed regarding necessary restrictions of the work or duties of the employee and necessary accommodations (ii) first -aid and safety administration may be informed when appropriate, if the disability might require emergency treatment; and (iii) government officials investigating the City's compliance with the law shall be provided relevant information on request (c) The results of such examination are used only in accordance with the law 1.15 Personnel Records and Administration The task of handling personnel records and related personnel administration functions at the City of Sanger has been assigned to the City Secretary. Questions regarding insurance, wages, and interpretation of policies may be directed to the City Secretary or Human Resources. 29 Your Personnel File Keeping your personnel file up to date can be important to you with regard to pay, deductions, benefits and other matters. If you have a change in any of the items listed below, please be sure to notify your supervisor as soon as possible. 1. Legal name 2. Home address 3. Home telephone number 4. Person to call in case of emergency 5. Number of dependents 6. Marital status 7. Change of beneficiary 8. Driving record or status of driver's license, if you operate any City vehicles. 9. Military or draft status 10. Exemptions on your W-4 tax form 11. Training certificates and professional license Upon experiencing a family status change, please notify your supervisor within 31 days for benefit modifications, if necessary. You may see information, which is kept in your own personnel file, if you wish, and you may request and receive copies of all documents you have signed. Please make arrangements with Human Resources. Your Medical Records File All medical records, if any, will be kept in a separate confidential file. The City of Sanger maintains this information in the strictest confidence and may not use or disclose medical information about an employee without the employee first having signed an authorization form permitting such use or disclosure. II. Compensation The goal of the City of Sanger's compensation program is to attract potential employees and encourage well -performing employees to stay with our organization. With this in mind, our compensation program is built to balance both employee and the City of Sanger needs. 2.01 Wage and Salary Policies Compensation Philosophy It is the City of Sanger's desire to pay all regular employees' wages and salaries that are competitive with other employers in the marketplace in a way that will be motivational, fair and 9M equitable. Compensation may vary with individual performance, City finances and in compliance with all applicable statutory requirements. The City of Sanger applies the same principles of fairness to all employees, regardless of organizational level, race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law. Basis for Determining Pay Several factors may influence your rate of pay. Some of the items the City of Sanger considers are the nature and scope of your job, what other employers pay their employees for comparable jobs (external equity), what the City of Sanger pays its employees in comparable positions (internal equity), and individual as well as the City of Sanger performance. It is the City of Sanger's goal to have a current job description on hand which broadly defines your job responsibilities. Pay Period and Hours Our payroll workweek begins on Thursday at 12:01 a.m. and ends on Wednesday at 12:00 midnight. Pay Cycle Payday is normally on every other Friday for services performed during the two (2) week period ending the previous Wednesday at 12:00 midnight. The bi-weekly pay schedule is made up of twenty-six (26) pay periods per year. Changes will be made and announced in advance whenever the City of Sanger holidays or closings interfere with the normal pay schedule. Paycheck Distribution Paychecks will be given to the department supervisor or automatically deposited into your account on the pay dates specified above. Mandatory Deductions from Paycheck The City of Sanger is required by law to make certain deductions from your paycheck each time one is prepared. These deductions will be itemized on your check stub. The amount of the deductions will depend on your earnings and on the information you famish on your W-4 form regarding the number of exemptions you claim. If you wish to modify this number, please request a new W-4 form from Human Resources immediately. Only you may modify your W-4 form. Verbal or written instructions are not sufficient to modify withholding allowances. We advise you to check your pay stub to ensure that it reflects the proper number of withholdings. 31 The W-2 form you receive annually reflects how much of your earnings were deducted for these purposes. Any other mandatory deductions to be made from your paycheck, such as court -ordered garnishments, will be explained whenever the City of Sanger is ordered to make such deductions. Error in Pay Every effort is made to avoid errors in your paycheck. If you believe an error has been made, tell your supervisor immediately. He/she will take the necessary steps to research the problem and to assure that any necessary correction is made promptly. Overtime Pay If you are a non-exempt employee, other than public safety employees, you will be eligible to receive overtime pay of one and one-half (1 %2) times your regular hourly wage for approved hours worked over eight (8) hours a day, or over forty (40) hours in one (1) week. If, during that week, you were away from the job because of a job -related injury, paid holiday, jury duty, vacation day, or paid sick time, those hours not worked will not be counted as hours worked for the purpose of computing eligibility for overtime pay. Non-exempt public safety employees working twenty-four (24) hour shifts will be granted overtime for all hours worked in excess of 106 hours in the two week pay period. If, during that week, you were away from the job because of a job -related injury, paid holiday, jury duty, vacation day, or paid sick time, those hours not worked will not be counted as hours worked for the purpose of computing eligibility for overtime pay. Please note if you are a non-exempt employee on an approved flexible work arrangement, overtime hours will be computed only on those hours worked in excess of a forty (40) hour workweek. All overtime must be approved in advance by your supervisor. Longevity Pay Employees will receive $4.00 per month for each full year of service in longevity pay. Longevity pay will be paid once annually in December of each year. For calculation purposes, the number of years eligible will be the number of full years worked as of December first each year. Employees will not be paid for partial years worked. Work Performed on City Holidays Full-time "non-exempt" employees, other than public safety personnel, who are eligible for overtime pay in accordance with the Fair Labor Standards Act, and who work on a City holiday will be paid at their regular rate of pay for actual hours worked in addition to their eight (8) hours of holiday pay regardless of the number of hours worked during that same work week. 32 Employees working twenty-four (24) hour shifts will be paid for twelve (12) hours of holiday pay, plus their regular rate for actual hours worked on the holiday. Compensatory Time Off The City of Sanger gives "nonexempt" employees the option of receiving compensatory time off ("comp time") instead of overtime pay for overtime hours worked. All comp time shall be accrued at the rate of one and one-half (P/2) hours for each hour of overtime worked. Comp time must be requested prior to the end of the pay period in which the overtime was earned. The decision to grant comp time instead of overtime is at the sole discretion of the department supervisor. Comp time scheduling will be done on a prior approval basis, and will be scheduled to meet both the needs of the employee and the City of Sanger. Employees may not exceed eighty (80) hours of comp time accrual at any time. Time Records By law, we are obligated to keep accurate records of the time worked by employees. This is done by time sheets. You are responsible for accurately recording your time. No one may record hours worked on another's time sheet. Tampering with yours or another employee's time record is cause for disciplinary action, up to and including possible termination of both employees. In the event of an error in recording your time, please report the matter to your supervisor immediately. City Indebtedness City employees are expected to remain current on their utility bills with the City. It is hard to hold others responsible for paying their just debts if we do not hold ourselves responsible. City employees who are late in paying their utility bills will be charged all applicable late fees. City employees who fall more than sixty (60) days behind on any portion of their utility bills will be subject to disciplinary action. 2.02 Performance and Compensation Reviews Performance Reviews Because we want you to grow and succeed in your job, the City of Sanger conducts a formal review one (1) time per year for each employee. New employees may be reviewed near the end of their Introductory Period. A review may also be conducted six (6) months after a promotion or change in duties and responsibilities. During a formal performance review your supervisor may cover the following areas: - The quality and quantity of your work 33 - Strengths and areas for improvement - Attitude and willingness to work - Initiative and teamwork - Attendance - Customer service orientation - Problem solving skills - Ongoing professional growth and development Your review provides a golden opportunity for collaborative, two-way communication between you and your supervisor. This is a good time to discuss your interests and future goals. Your supervisor is interested in helping you to progress and to grow in order to achieve personal as well as work -related goals. Perhaps he/she can recommend further training or additional opportunities for you. The performance review gives your supervisor an opportunity to suggest ways for you to advance and make your job at the City of Sanger more fulfilling. Your supervisor can answer any questions you may have about the performance review process. Compensation Reviews The City of Sanger's compensation reviews are usually given with performance reviews. Any applicable compensation increase will appear in the pay period ending after the date granted. Compensation increases may be retroactive in the case of late reviews. Having your compensation reviewed does not necessarily mean that you will be given an increase. An individual's pay adjustment will depend on how consistently he/she performs over a given period of time. During the review, significant performance events that occurred throughout the year will be discussed. In addition to individual job performance reviews, the City of Sanger periodically conducts a review of job descriptions to ensure that we are fully aware of any changes in the duties and responsibilities of each position, and that such changes are recognized and adequately compensated. III. Benefits The City of Sanger is committed to sponsoring a comprehensive benefits program for all eligible employees. In addition to receiving an equitable salary and having an equal opportunity for professional development and advancement, you may be eligible to enjoy other benefits, which will enhance your job satisfaction. We are certain you will agree the benefits program described in this Employee Personnel Policy represents a very large investment by the City of Sanger. 34 A good benefits program is a solid investment in the City of Sanger's employees. The City of Sanger will periodically review the benefits program and will make modifications as appropriate. The City of Sanger reserves the right to modify, add or delete the benefits it offers. 3.01 Eligibility for Benefits If you are a regular, fall -time employee, you will enjoy all of the benefits described in this Personnel Policy Manual as soon as you meet the eligibility requirements for each particular benefit. Coverage is available to you and your dependents as defined in the benefit summary plan descriptions. If you are a part-time employee, you will enjoy only those benefits specifically required by law, provided that you meet the minimum requirements set forth by law and in the benefit plan(s). Temporary employees are not eligible for benefits. Benefits may be limited during your Introductory Period, except as otherwise provided by law or specified herein. 3.02 Insurance Coverage Group Insurance The City of Sanger is dedicated to the health and well being of both you and your family. A comprehensive, quality insurance program is available to you and your family. You become eligible for coverage on the first of the month after completing a full month of employment. The following benefits are provided, as defined and limited in the literature provided by our insurance provider: - Medical care coverage - Group term life insurance Upon enrolling, you will obtain summary plan descriptions describing your benefits in detail. The full cost for employee coverage and dependent coverage will be the responsibility of the employee unless the City decides to cover part of the rates. The City may at any time and at its sole discretion alter the portion of any rates paid by the City. Applicable employee contributions will be automatically deducted from your paycheck. According to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, in the event of your termination of employment with the City of Sanger or loss of eligibility to remain covered under our group health insurance program, you and your eligible dependents may have the right to continued coverage under our health insurance program for a limited period of time at your own expense. Consult Human Resources for details. 35 3.03 Government Required Coverage Workers' Compensation All employees are entitled to Workers' Compensation benefits. This coverage is automatic and immediate and protects you in the event of an on-the-job injury. An on-the-job injury is defined as an accidental injury suffered in the course of your work, or an illness which is directly related to performing your assigned job duties. The City of Sanger pays for this job -injury insurance. If you cannot work due to a job -related injury or illness, Workers' Compensation insurance pays your medical bills and provides a portion of your income until you can return to work. Employee must see the doctor assigned by the City and not your personal physician. All injuries or illnesses arising out of the scope of your employment must be reported to your supervisor immediately. Prompt reporting is the key to prompt benefits. Benefits are automatic, but nothing can happen until your employer knows about the injury. Ensure your right to benefits by reporting every injury, no matter how slight. Although the City of Sanger will pay for the time lost because of a work -related accident during the remainder of the normal workday in which the accident occurs, Workers' Compensation payments for lost wages aren't made for the first three (3) days you're unable to work (including weekends). However, if you're hospitalized or off work more than three (3) weeks, payments will be made even for the first three (3) days. Employees returning to work after being absent due to a work -related injury must report to their supervisor prior to beginning work and must bring a doctor's clearance for returning to work. Unemployment Compensation Depending upon the circumstances, employees may be eligible for Unemployment Compensation upon termination of employment with the City of Sanger. Eligibility for Unemployment Compensation is determined by the Texas Workforce Commission. The City of Sanger pays the entire cost of this insurance program. Unemployment compensation is designed to provide you with a temporary income when you are out of work through no fault of your own. For your claim to be valid, you must have a minimum amount of earnings determined by the State, and you must be willing and able to work. You should apply for ,benefits through the local Texas Workforce Commission Office as soon as you become unemployed. Social Security The United States government operates a mandated retirement system known as Social Security. As a wage earner, you are required by law to contribute a set amount of your weekly wages to the trust fund from which benefits are paid. As your employer, the City of Sanger is required to deduct this amount from each paycheck you receive. In addition, the City of Sanger matches your contribution dollar for dollar, thereby paying one-half of the cost of Social Security benefits. Your Social Security number is used to record your earnings. Employees are encouraged to protect your Social Security record by ensuring your name and Social Security number on your W-2 form are correct. You may also want to make sure your earnings statement is accurate each year by requesting a Personal Earnings and Benefit Estimate Statement from the U.S. Social Security Administration by calling 1-800-772-1213 or you may even access them on-line, at www.ssa.gov. 3.04 Retirement Plan The City of Sanger has a Retirement Plan to provide eligible employees (those who have completed sufficient service) with a monthly pension benefit upon retirement. All regular full- time employees and part-time employees who work at least one thousand five hundred and sixty (1,560) hours per year are eligible to participate in the Retirement Plan. Participation in the plan begins on your date of hire. The details regarding the City of Sanger and employee contributions, vesting, administration, and investments are provided in the Summary Plan Description, which was given to you during your new employee orientation. Supplemental Retirement The City offers employees the option to voluntarily participate in a supplemental retirement plan. Information on the supplemental retirement plan will be explained at orientation and is available from Human Resources. 3.05 Other Benefits Credit Union Membership As an employee of the City of Sanger, you are eligible for membership in the Denton Area Teacher's Credit Union. Membership can enable you to borrow money at low interest rates. You may also save money and maintain an IRA account with the credit union. Contact Human Resources for details on how to join the credit union. Tuition Reimbursement Regular full-time employees who have completed one year of service may be eligible for partial reimbursement of tuition for university or vocational education directly related to their current position. Tuition reimbursement is capped at $1000 per semester and $2000 per year for each employee, provided funds are available. The City Manager must approve tuition reimbursement before classes begin. Reimbursement will only be paid after successful completion of the class or classes and completion with a grade equivalent to a C or better. 37 Regular full-time employees may apply for partial tuition reimbursement for university or vocational education not directly related to their job. Tuition reimbursement is capped at $500 per semester and $1000 per year for each employee provided funds are available. The City Manager must approve tuition reimbursement before classes begin. Reimbursement will only be paid after successful completion of the class or classes and completion with a grade equivalent to a C or better. Regular full-time employees receiving tuition reimbursement will be required to sign an agreement requiring them to work for the City an additional one month for each $200, or portion thereof rounded up, received in reimbursement or reimburse the City for any un-forgiven tuition balance at the time of resignation or termination. On the last day of each month $200 will be forgiven from the employee's outstanding tuition balance. This provision in no way changes an employee's status as an At -Will employee, creates any property rights in the employee's employment status, or precludes the employee or employer from terminating the employee's employment. IV. Leaves Both paid and unpaid time off may be granted to eligible employees, according to the following leave policies. Please consult Human Resources for further information. 4.01 Paid Leaves In the interest of maintaining a healthy balance between work and home, the City of Sanger offers eligible employees paid time off. Time off is paid using your base hourly rate, excluding overtime compensation, if any. Holidays Regular full-time employees are eligible for eight (8) hours of holiday pay for each holiday approved by the City Council. Holidays that occur on a Saturday or Sunday will be observed on the preceding or following workday as applicable. Authorized holidays include: New Year's Day Martin Luther King Jr. Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day c: Friday after Thanksgiving Christmas Eve Christmas Day Vacation Vacation is a time for you to rest, relax, and pursue special interests. The City of Sanger provides paid vacation as one of the many ways in which we show our appreciation for your work, knowledge, skills, and talents; all of which contribute to make the City of Sanger so successful. Eligible employees will begin accumulating vacation time immediately upon completing the first full pay cycle. Vacation time will be held in escrow for the first six months. Upon completion of six months of service, regular full-time employees are eligible to utilize vacation benefits. Part-time employees working fewer than 40 hours per week and temporary employees are not eligible. Amount of Vacation Eligible employees accrue vacation each pay period. The vacation accrual rate is based on length of employment, as follows: Years of Employment Total Accrual Per Month (Hours) If Working an: 8 hour shift 24 hour shift Less than five (5) years 6.75 9.5 Five (5) to ten (10) years 8.0 11.25 Eleven (11) to fifteen (15) years 10.00 14.00 More than fifteen (15) years 13.50 19.00 Vacation Policies The City of Sanger will always try to let you use your vacation time as desired, but vacations cannot interfere with your department's operation. Therefore, your department head must approve your vacation. If any conflicts arise in vacation requests, preference will be given to the employee with the longest length of continuous service. All vacation time must be taken in half day increments, unless otherwise authorized in writing. Your department head has the responsibility to maintain adequate staffing levels and has the authority to limit the approval of vacation requests in order to meet operational needs. Requests will normally be granted as long as your absence will not seriously affect your department's operations. Vacation requests may be cancelled in cases of emergency when the employee's services are required for City operations. 39 The term "year of service" is to be defined as from Anniversary date to Anniversary date If you have unused vacation days upon the termination of your employment with the City of Sanger, you will be paid for that time at your regular base hourly rate. Accumulation Rights Vacation time may be carried over from year to year. Employees may only accumulate a maximum of 200 hours of vacation (240 for 24 hour shift personnel) at anytime during the year. Employees should manage their time so that they do not exceed 200 hours. No time may be accrued over the 200 hour cap. From December 1 until January 31, an employee may sell one week of vacation back to the City. Sick Leave Regular, full-time employees are eligible to accrue paid sick leave. Sick leave hours begin accruing on your hire date. Sick leave hours will be awarded on the last day of each calendar month. Amount of Sick Leave Each employee shall be entitled to one (1) day of sick leave per month to accumulate to a total of twelve (12) days per year. Regular, full time employees working twenty-four (24) hour shifts will accrue sick leave at a rate of 1.4 times the regular rate based on 2912 scheduled hours versus 2080 scheduled hours. Sick Leave Policies Please let your supervisor know that you will be absent from work due to illness as early as possible. In addition to utilizing sick leave in the event of your own illness, sick leave may also be used for the purpose of visiting doctors, dentists or other recognized practitioners. Sick leave may also be used for the purpose of tending to a serious illness suffered by a member of your immediate family, in the event the illness requires your personal time and attention. For purposes of this policy, immediate family includes spouse, child, parent, or sibling living in your home. If an employee is absent for three (3) or more days, the City of Sanger will require a doctor's certificate verifying the necessity for absences. Employees working 24 hour shifts must present a doctors certificate if absent for two (2) or more shifts. In the event of an illness or injury which is covered by Workers' Compensation insurance, this Sick Leave Policy will not apply, but will defer to State statutes. M Accumulation Rights Sick leave may be carried over and accumulated from year to year, up to a maximum of 720 hours (960 hours for 24 hour shift employees). Any employee who retires from the City of Sanger and has twenty (20) years of continual service with the City will be compensated for fifty percent (50%) of their accrued sick leave at their current daily rate, not to exceed ninety (90) days. Method of payment shall be at the discretion of the City. Personal Leave On January 1, each calendar year, regular, fall time employees will be granted two (2) personal days chargeable to sick leave. If in the previous calendar year the employee has not used more than one (1) day of any sick leave, an additional two (2) personal days will be granted. If no more than two (2) sick days are used, the employee will receive one (1) additional personal day. Use of personal days in the previous calendar year will not be counted in determining the two additional days. Personal days must be scheduled with your supervisor at a mutually agreeable time. Personal days must be used by the end of the calendar year and cannot be carried over and may not be taken in less than four hour increments. Employees who have not worked the full calendar year will receive personal days on a pro -rated basis. Other Paid Leaves Funeral (Bereavement) Leave Leave with pay shall be granted at the maximum amount of five (5) working days per year to regular, full-time employees upon request to make arrangements for and attend funeral services of the employee's spouse, child, parent, grandparent, sibling and the spouse's parent or grandparent. Jury Duty It is your civic duty as a citizen to report for jury duty whenever called. If you are called for jury duty, you must notify your department head within forty-eight (48) hours of receipt of the jury summons. Any employee directly summoned to serve on a jury, grand jury or in a court trial shall be granted leave with pay for the time away from work required by such duty. You must report for work if you are released from jury duty before the end of your work day or if you are temporarily released from jury duty. 41 Military Leave The City of Sanger complies with the provisions of H.B. 761 Acts of the 53d Texas Legislature. This provides that employees who are members of the National Guard, Official Militate of Texas, or any of the reserve units of the Armed Forces of the United States, excluding the Merchant Marines, when so ordered or authorized, shall be entitled to a leave of absence with pay during any period when they shall be engaged in field training or encampment, or when ordered to duty with troops for field exercises. This policy does not apply to employees who volunteer or are drafted into full-time military service. Military Leave with pay shall be in addition to any other form of leave with pay to which an employee may normally be entitled. This shall not exceed fifteen (15) working days in any one calendar year. Advancement Upon authorization of their department head or the City Manager, full-time employees are authorized to leave work to attend conferences, seminars, conventions, schools and similar events designed to enhance work skills, training, and performance that are beneficial to the City of Sanger. Attendance to such events is limited to budget constraints. 4.02 Unpaid Leaves Occasionally, for medical, personal or other reasons, you may need to be temporarily released from the duties of your job with the City of Sanger. It is the policy of the City to allow its eligible employees to apply for and be considered for certain specific leaves of absence. Once you have used all of your accrued sick or personal days, the time may be counted against your accrued vacation time. Thereafter, unless specifically accepted, any time off will be without pay. Failure to return to work as scheduled from an approved leave of absence or to inform your supervisor of an acceptable reason for not returning as scheduled will be considered a voluntary resignation of employment. All requests for leaves of absence shall be submitted in writing to the City Manager. Each request shall provide sufficient detail such as the reason for the leave, the expected duration of the leave, and the relationship of family members, if applicable. Family / Medical Leave of Absence The City of Sanger will not discriminate against employees as a result of the approved use of family care or medical leave or a proper request for such leave. Requests for family care and medical leave will be considered without regard to race, color, citizenship status, national origin, 42 ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status or veteran status. In general, a leave of absence is an official authorization to be absent from work without pay for a specified period of time. Eligible employees may be entitled to job -protected family or medical leaves of absence if they are unable to come to work due to pressing family or medical concerns as described within this Family/Medical Leave of Absence Policy, which shall be administered in accordance with applicable State and Federal laws as follows: Employees are eligible if they have been actively employed for twelve (12) months and worked at least 1250 hours (an average of twenty-five 25 hours per week) during those twelve (12) months. This twelve (12) month period "rolls back" from the date of leave to the prior twelve (12) month period. 2. Employees may request one (1) or more family care or medical leaves, however, the total amount of leave taken cannot exceed twelve (12) work weeks in any twelve (12) month period. You may request an intermittent leave or reduced schedule leave to care for a seriously ill family member or if you have a serious health condition that.warrants such a request. 3. A family leave shall be granted upon the birth or adoption of a child of the employee, or upon the serious health condition of the employee's child, spouse or parent. 4. A medical leave shall be granted upon the employee's own serious health condition. 5. In appropriate circumstances, we may require you to be examined by a physician designated by the City of Sanger, at the City's expense. 6. In the event of a serious health condition to the employee or his/her child, spouse, or parent, creating a need for unforeseeable family or medical leave, the employee must provide us with notice, as soon as practical, of any needed time off and a written doctor's certificate. The certification must include the date on which the health condition occurred, the probable duration of the condition, an estimate of the amount of time you need to be off work to care for the family member or for your own health condition, and confirmation that the nature of the condition and confirmation that the nature of the condition warrants you to be away from work to care for yourself or your dependent. 7. Employees shall be required to give thirty (30) days advance notice in the event of foreseeable medical treatment. To assist us in arranging work assignments during your absence, we ask that you give us prior notice, to the extent possible, of an expected birth or adoption, as well as an indication, to the extent known of your expected return date. To facilitate your return to work, we also ask that you provide us with two (2) weeks advance notification of your intended return date. Failure to do so may delay your return date. 43 8. For purposes of this policy, a child is defined as a natural, adopted or foster child, a stepchild or a legal ward. If the child is over eighteen (18), he or she must be unable to care for him or herself due to a serious health condition. 9. A parent is defined as the employee's or his/her spouse's natural, adoptive, foster parent, stepparent or legal guardian. 10. A serious health condition is defined as a disabling physical, mental illness, injury, impairment, or condition involving: 1) Inpatient care in a hospital, nursing home, or hospice; or 2) Outpatient care requiring continuing treatment or supervision from a health care professional 11. Leave of absence rights available to you under other sections of our policy shall be counted towards the total time off available under this section. 12. A family care leave that relates to the birth or adoption of a child must be completed within twelve (12) months of the birth or adoption. 13. Upon completion of a leave granted under this section, you shall be reinstated to your original position, or an equivalent one. 14. If due to your own medical circumstances, you are no longer able to perform your original job, we will attempt to transfer you to alternate suitable work, if available. 15. You must use any accrued vacation or other accrued paid time off, during your family or medical leave. If the leave is related to your own serious health condition, you must use any accrued sick leave during your medical leave. 16. While on a leave of absence, provided for under this policy, we will continue your group health insurance benefits under the same terms as provided to other employees, for up to a maximum of twelve (12) weeks leave during any one (1) year period. If your leave extends beyond twelve (12) weeks, you shall be offered the opportunity to purchase continuing coverage under State and Federal COBRA continuation rules. 17. Other accumulated fringe benefits such as retirement, service credits, sick pay, vacation pay, and the like, shall be preserved at the level accrued as of commencement of the leave, unless used during the leave, but shall not accrue further during any such leave period. 18. During a period of disability, you may be eligible for disability pay benefits. Please refer to the applicable plan documents for details on eligibility, benefit amounts, and other particulars. 19. If additional family care or medical leave is required you must, prior to expiration of the family care or medical leave, submit additional certification to the City of Sanger. 20. Should you seek a leave of absence for reasons other than described above, we will evaluate such a request based on particular circumstances present at that time including but not limited to your current and anticipated work responsibilities, performance, and the City of Sanger needs. The City of Sanger reserves the right to refuse such a request at its sole discretion. 4.03 Accepting Other Employment or Going into Business While on Leave Of Absence If you accept any employment or go into business while on Leave of Absence from the City of Sanger, you will be considered to have voluntarily resigned from employment with the City as of the day on which you began your leave of absence. V. Safety 5.01 General Policies The City of Sanger is committed to the safety and health of all employees and recognizes the need to comply with regulations governing injury and accident prevention and employee safety. Maintaining a safe work environment, however, requires the continuous cooperation of all employees. The City of Sanger will maintain safety and health practices consistent with our needs. If you are ever in doubt about how to safely perform a job, it is your responsibility to ask your supervisor for assistance. Any suspected unsafe conditions and all injuries that occur on the job must be reported immediately. Compliance with these safety rules is considered a condition of employment. Therefore, it is a requirement that each department head make the safety of employees an integral part of her/his regular management functions. It is the responsibility of each employee to accept and follow established safety regulations and procedures. The City of Sanger strongly encourages you to communicate with your department head regarding safety issues. 5.02 Reporting Safety Issues All accidents, injuries, potential safety hazards, safety suggestions and health and safety related issues must be reported immediately to your supervisor. If you or another employee is injured, you should contact emergency response agencies, if needed. If an injury does not require medical attention, a supervisor must be notified and an Employee Report of Accident form must still be completed in case medical treatment is later needed and to ensure that any existing safety hazards are corrected. The Employee's Claim for Worker's Compensation Benefits form must be completed in all cases in which an injury requiring medical attention has occurred. W Federal law (Occupational Safety and Health Administration) requires that we keep records of all illnesses and accidents which occur during the workday. The Texas State Workers' Compensation Act also requires that you report any workplace illness or injury, no matter how slight. If you fail to report an injury, you may jeopardize your right to collect workers' compensation payments as well as health benefits. OSHA also provides for your right to know about any health hazards which might be present on the job. Should you have any questions or concerns, contact your supervisor for more information. 5.03 Safety Rules Safety is everybody's business. Safety is to be given primary importance in every aspect of planning and performing all job -related activities. We want to protect you against industrial injury and illness, as well as minimize the potential loss of production. Below are some general safety rules to assist you in making safety a regular part of your work. Your department head may post other safety procedures in your department or work area. Working Safety Safety is everyone's responsibility. Remind your co-workers about safe work methods. Start work on any machine only after safety procedures and requirements have been explained. Immediately report any suspected hazards and all accidents to your supervisor. Lifting Ask for assistance when lifting heavy objects or moving heavy furniture. Bend your knees, get a firm grip on the object, hold it close to your body and space your feet for good balance. Lift using your stronger leg muscles, not your weaker back muscles. Materials Handling Do not throw objects. Always carry or pass them. Use flammable items, such as cleaning fluids, with caution. Also, stack materials only to safe heights. Trash Disposal Keep sharp objects and dangerous substances out of the trash can. Items that require special handling should be disposed of in approved containers. Cleaning Up To prevent slips and tripping, clean up spills and pick up debris immediately. M Preventing Falls Keep aisles, work places and stairways clean, clear and well lighted. Walk, don't run. Watch your step. Handling Tools Exercise caution when handling objects and tools. Do not use broken, defective or greasy tools. Use tools for their intended purpose only. Wear safety glasses or goggles whenever using a power tool. Falling Objects Store objects and tools where they won't fall. Do not store heavy objects or glass on high shelves. Work Areas Keep cabinet doors and file and desk drawers closed when not in use. Remove or pad torn, sharp corners and edges. Keep drawers closed. Open only one drawer at a time. Using Ladders Place ladders securely. Do not stand on boxes, chairs or other devices not intended to be used as ladders. Machine Guards Keep guards in place at all times. Do not clean machinery while it is running. Lock all disconnect switches while making repairs or cleaning. Personal Protective Equipment Always wear or use appropriate safety equipment as required in your work. Wear appropriate personal protective equipment, like shoes, hats, gloves, goggles, spats, vests and hearing protectors in designated areas or when working on an operation which is potentially hazardous. Also, wear gloves whenever handling castings, scrap, or barrels. Electrical Hazards Do not stand on a wet floor while using any electrical apparatus. Keep extension cords in good repair. Don't make unauthorized connections or repairs. Do not overload outlets. 47 Fire Extinguishers Know where fire extinguishers are and how to use them. Report Injuries Immediately report all injuries, no matter how slight, to your supervisor. Ask Questions If you are ever in doubt regarding the safe way to perform a task, please do not proceed until you have consulted a supervisor or department head. Employees will not be asked to perform any task which may be dangerous to their health, safety or security. If you feel a task may be dangerous, inform your department head at once. We strongly encourage employee participation and your input on health and safety matters. Employees may report potential hazards and make suggestions about safety without fear of retaliation. We appreciate, encourage and expect this type of involvement! The success of the safety program relies on the participation of all employees. Though it is the City of Sanger's responsibility to provide for the safety, health and security of its workers during working hours, it is ' the responsibility of each employee to abide by the rules, regulations and guidelines set forth. Remember, failure to adhere to these rules will be considered serious infractions of safety rules and will result in disciplinary actions. 5.04 Weapons The City of Sanger believes it is important to establish a clear policy that addresses weapons in the workplace. Specifically, the City prohibits all persons who enter the City of Sanger property from carrying a handgun, firearm, or other prohibited weapon of any kind regardless of whether the person is licensed to carry the weapon or not. The only exception to this policy will be police officers, security guards or other persons who have been given written consent by the City of Sanger to carry a weapon on the property. Any employee disregarding this policy will be subject to immediate termination. Further, it is every employee's responsibility to report immediately to his/her supervisor if another employee is in possession of a prohibited weapon. Failure to report immediately to your supervisor is grounds for disciplinary action up to and including immediate termination. ;, 5.05 Fire Prevention Know the location of the fire extinguisher(s) in your area and make sure they are kept clear at all times. Notify your supervisor if an extinguisher is used or if the seal is broken. Keep in mind that extinguishers that are rated ABC can be used for paper, wood, or electrical fires. Make sure all flammable liquids, such as gasoline are stored in approved and appropriately labeled safety cans and are not exposed to any ignition source. In Case of Fire If you are aware of a fire, you should: - Dial 911 - If possible, immediately contact your supervisor. Evacuate all employees from the area. - If the fire is small and contained, notify the fire department, then locate the nearest fire extinguisher. This should only be attempted by employees who are knowledgeable in the correct use of fire extinguishers. - If the fire is out of control leave the area immediately. No attempt should be made to fight the fire. When the fire department arrives, direct the crew to the fire, do not re-enter the building until directed to do so by the fire department. 5.06 Emergency Evacuation If you are advised to evacuate the building, you should: - Stop all work immediately. - Contact outside emergency response agencies, if needed. - Walk to the nearest exit, including emergency exit doors. - Exit quickly, but do not ran. Do not stop for personal belongings. - Proceed, in an orderly fashion, to a parking lot near the building. Be present and accounted for during roll call. Do not re-enter the building until instructed to do so. LLei 5.07 Housekeeping Neatness and good housekeeping are signs of efficiency. You are expected to keep your work area neat and orderly at all times - it is a required safety precaution. If you spill a liquid, clean it up immediately. Do not leave tools, materials, or other objects on the floor which may cause others to trip or fall. Keep aisles, stairways, exits, electrical panels, fire extinguishers, and doorways clear at all times. Easily accessible trash receptacles and recycling containers are located throughout the building. Please put all litter and recyclable materials in the appropriate receptacles and containers. Please report anything that needs repairing or replacing to your supervisor immediately. 5.08 Property and Equipment Care It is your responsibility to understand the equipment needed to perform your duties. Good care of any equipment that you use during the course of your employment, as well as the conservative use of supplies, will benefit you and the City of Sanger. If you find that any equipment is not working properly or in any way appears unsafe, please notify your supervisor immediately so that repairs or adjustments may be made. Under no circumstances should you start or operate equipment you deem unsafe, nor should you adjust or modify the safeguards provided. Do not attempt to use any equipment you do not know how to operate, or if you have not completed training on the proper use of the equipment. 5.09 Restricted Areas In the interest of safety and security, certain portions of City facilities may be restricted to authorized personnel only. Such areas will be clearly marked. Some areas may be designated no smoking areas as well. 5.10 Safety Rules When Operating Machines and Equipment When operating machines and equipment, please be sure to follow these procedures: - Make sure machine guards are in place while machines are in operation. - Remove loose clothing, jewelry or rings before operating machinery. - Wear steel toe shoes and prescription eye protection to start the job, if required. 50 We will continue to provide a clean, safe and healthy place to work and we will provide the best equipment possible. You are expected to work safely, to observe all safety rules and to keep the premises clean and neat. Remember that carelessly endangering yourself or others may lead to disciplinary action, including possible termination. 5.11 Security Maintaining the security of City buildings and vehicles is every employee's responsibility. Develop habits that ensure security as a matter of course. For example: Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible. Know the location of all alarms and fire extinguishers, and familiarize yourself with proper procedures for using them should the need arise. When you leave the premises make sure that all entrances are properly locked and secured. 5.12 Smoking Smoke only in designated smoking areas. Please be courteous and concerned about the needs of your fellow employees and others. Please do not smoke in restricted areas. VI. Separation of Employment 6.01 Termination The City of Sanger operates under the principle of At -Will employment. This means that neither you nor the City has entered into a contract regarding the duration of your employment. You are free to terminate your employment with the City of Sanger at any time, with or without reason. Likewise, the City of Sanger has the right to terminate your employment, or otherwise, transfer, or change your employment status or classification at any time, with or without reason, at the discretion of the City. The City of Sanger hopes and expects that you will give at least two (2) weeks notice in the event of your resignation. 6.02 Insurance Conversion Privileges According to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, in the event of your termination of employment with the City of Sanger or loss of eligibility to remain covered under our group health insurance program, you and your eligible dependents 51 may have the right to continued coverage under our health insurance program for a limited period of time at your own expense. At your exit interview or upon termination, you will learn how you can continue your insurance coverage and any other benefits you currently have as an employee who is eligible for continuation. Consult Human Resources for additional details. 6.03 Exit Interviews In a termination situation, the City Manager or his designee would like to conduct an exit interview to discuss your reasons for leaving and any other impressions that you may have about the City of Sanger. During the exit interview, you can provide insights into areas for improvement that the City can make. Every attempt will be made to keep all information confidential. However, if corrective action is required, information received in the exit interview may be used as the basis of the corrective action. 6.04 Return of City of Sanger Property Any City property issued to you must be returned to the City of Sanger at the time of your termination. You will be responsible for any lost or damaged items. The value of any property issued and not returned may be deducted from your paycheck, and you may be required to sign a wage deduction authorization form for this purpose. 6.05 Former Employees Depending on the circumstances, the City of Sanger may consider a former employee for re- employment. Such applicants are subject to the City of Sanger's usual pre -employment procedures. To be considered, an applicant must have been in good standing at the time of their previous termination of employment with the City. Employees who have been gone for less than 180 days and wish to return may have their previous benefits reinstated after completion of their introductory period. Reinstatement of benefits will be at the sole discretion of the City Manager. 6.06 Post -Employment Inquiries The City of Sanger does not respond to oral requests for references. Written requests must be submitted to the City Manager's office for processing. The City may provide a reference to potential employers only if you have completed and signed a release form allowing us to do so. As an employee of the City of Sanger, do not under any circumstance, respond to any requests for information regarding another employee unless it is part of your assigned job responsibilities. If it is not, please forward the information requests to the City Manager. 52 VII. Workplace Policies This Personnel Policy Manual is designed to answer many of your questions about the practices and policies of the City of Sanger. Feel free to consult with your supervisor or Human Resources for help concerning anything you don't understand. 7.01 Communications Successful working conditions and relationships depend upon successful communication. Not only do you need to stay aware of changes in procedures, policies and general information, you also need to communicate your ideas, suggestions, personal goals or problems as they affect your work. In addition to the exchanges of information and expressions of ideas and attitudes which occur daily, make certain you are aware of and utilize all methods of communication used by the City of Sanger. You will receive other information booklets, such as your insurance booklets, from time to time. You may take these booklets home so that your family may know more about your job and your benefits. 7.02 The City of Sanger and Department Meetings On occasion, we may request that you attend a City of Sanger sponsored meeting. If this is scheduled during your regular working hours, your attendance is required. If you are a non- exempt employee, and attend a mandatory meeting held during your non -working hours, you will be paid for the time you spend at the meeting. 7.03 Computer Software (Unauthorized Copying) The City of Sanger does not condone the illegal duplication of software. The copyright law is clear. The copyright holder is given certain exclusive rights, including the right to make and distribute copies. Title 17 of the U.S. Code states that "it is illegal to make or distribute copies of copyrighted material without authorization (Section 106). The only exception is the user's right to make a backup copy for archival purposes (Section II, 7). 1. With regard to use on local area networks or multiple equipment, City employees shall use the software only in accordance with the software publisher's license agreement. 2. City employees learning of any misuse of software or related documentation within the City of Sanger must notify their supervisor immediately. 53 3. According to the U.S. Copyright Law, illegal reproduction of software can be subject to civil damages and criminal penalties, including fines and imprisonment. Employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. 7.04 Computers, Electronic Mail, and Voice Mail Usage Policy The City of Sanger makes every effort to provide the best available technology to those performing services for the City. This policy is to advise those who use our business equipment on the subject of access to and disclosure of computer -stored information, voice mail messages and electronic mail messages created, sent or received by City employees with the use of the City of Sanger's equipment. This policy also sets forth policies on the proper use of the computer, voice mail and electronic mail systems provided by the City of Sanger. City property, including computers, electronic mail and voice mail should only be used for conducting the City of Sanger business. Incidental and occasional personal use of City computers and our voice mail and electronic mail systems is permitted, but information and messages stored in these systems will be treated no differently from other business -related information and messages, as described below. The use of the electronic mail system may not be used to solicit for commercial ventures, religious or political causes, outside organizations, or other non job related solicitations. Furthermore, the electronic mail system is not to be used to create any offensive or disruptive messages. Among those which are considered offensive, are any messages which contain sexual implications, racial slurs, gender -specific comments, or any other comments that offensively address someone's age, sexual orientation, religious or political beliefs, national origin, or disability. In addition, the electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization. Although the City of Sanger provides certain codes to restrict access to computers, voice mail and electronic mail to protect these systems against external parties or entities obtaining unauthorized access, employees should understand that these systems are intended for business use, and all computer information, voice mail and electronic mail messages are to be considered as the City of Sanger records. The City of Sanger also needs to be able to respond to proper requests resulting from legal proceedings that call for electronically -stored evidence. Therefore, the City of Sanger must, and does, maintain the right and the ability to enter into any of these systems and to inspect and review any and all data recorded in those systems. Because the City of Sanger reserves the right 54 to obtain access to all voice mail and electronic mail messages left on or transmitted over these systems, employees should not assume that such messages are private and confidential or that the City of Sanger or its designated representatives will not have a need to access and review this information. Individuals using the City of Sanger's business equipment should also have no expectation that any information stored on their computer - whether the information is contained on a computer hard drive, computer disks or any other manner will be private. The City of Sanger has the right to, but does not regularly monitor voice mail or electronic mail messages. The City of Sanger will, however, inspect the contents of computers, voice mail or electronic mail in the course of an investigation triggered by indications of unacceptable behavior or as necessary to locate needed information that is not more readily available by some other less intrusive means. The contents of computers, voice mail and electronic mail properly obtained for some legitimate business purpose, may be disclosed by the City of Sanger if necessary within or outside of the City. Given the City of Sanger's right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. The City Manager will review any request for access to the contents of an individual's computer, voice mail or electronic mail prior to access being made without the individuals consent. Any employee who violates this policy or uses the electronic communication systems for improper purposes may be subject to discipline, up to and including termination. 7.05 Dress Code and Personal Appearance Please understand that you are expected to dress and groom yourself in accordance with accepted social and business standards, particularly if your job involves dealing with customers or visitors in person. A neat, tasteful appearance contributes to the positive impression you make on our customers. You are expected to be suitably attired and groomed during working hours or when representing the City of Sanger. A good, clean appearance bolsters your own poise and self-confidence and greatly enhances the City of Sanger image. Personal appearance should be a matter of concern for each employee. If your supervisor feels your attire and/or grooming is out of place, you may be asked to leave your workplace until you are properly attired and/or groomed. Employees who violate dress code standards may be subject to appropriate disciplinary action. 55 7.06 Drug and Alcohol Policy PURPOSE: Employees are our most valuable resource, and for that reason, their safety and health are of paramount concern. The City maintains a strong commitment to its employees and to the community to provide a safe, drug -free, alcohol -free workplace. Consistent with the spirit and intent of this commitment, the City expects its employees to report for work in proper condition to perform their duties. The intent of this policy is to prevent the use and the presence of drugs and alcohol in the working environment. This policy outlines the procedures by which the City will implement its drug and alcohol program. In addition, it defines the consequences for failure to remain drug free. Finally, it specifies when rehabilitation will be permitted as a condition of continued employment. The City recognizes that alcoholism and drug dependence may be a treatable illness for which rehabilitation is an alternative course of action. However, usage of drugs or alcohol on duty or coming to work under the influence is grounds for discipline up to and including termination. SCOPE OF DRUG TESTING: The City may administer drug testing under the following conditions: A. Reasonable suspicion as defined herein. B. Pre -employment examination for all full-time positions, and as determined by the City Manager for temporary or part time positions. Notice of such testing will be properly posted prior to filling out an application. Employees who test positive for any drug not previously disclosed during the pre -examination phase or who test positive for any controlled substance will not be hired by the City. C. Random testing as part of a drug rehabilitation program. An employee required to attend a rehabilitation program, as a condition of continued employment, shall be required to test at least once a month for 12 months after entering the program, or for a frequency and time period agreed to by the employee and employer. The City will pay for such testing. D. Random testing for all full time City employees. Random tests will be held approximately every two months at different times and on different days each month. Five (5) employees will be randomly selected for testing by Human Resources using an automated computer software program specifically for that purpose that randomly selects employees to be tested from the general employee pool. Employees shall be transported to the testing center for testing. Human resources will hold the names of employees in confidence if they are not on duty on the day of testing. These employees will then be Met tested when they return to work. Human resources will maintain a record of all random name draws for a period of three years. DEFINITIONS: A. "Alcohol" shall be defined as any beverage mixture or preparation containing ethyl alcohol. B. "Alcohol Testing" means testing the blood alcohol content by a breathalyzer instrument device or drawing or collecting a blood or serum sample and providing the laboratory analysis thereon. C. "City's premises" are all areas in which the City operates including, but not limited to its property; City -owned or leased equipment; privately owned vehicles entering or parked on the property, or in use on the property; lockers; desks; equipment; work space; and storage facilities. D. "Controlled Substances" shall be defined as those substances whose dissemination is controlled by regulation or statute (Including Schedules I-V of the Federal Controlled Substance Act of the Texas Controlled Substance Act, Texas Health and Safety Code, Chapter 481.), including, but not limited to, narcotics, depressants, stimulants, hallucinogens, and cannabis. The possession and distribution of which is unlawful as promulgated by the Food and Drug Administration. E. "Conviction" means a finding of guilt (including a plea of nolo contender) or imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug and/or alcohol statutes. F. "Criminal Drug Statute" means a criminal statute involving manufacturing, distribution, dispensation, use, or possession of any illegal drug or controlled substance. G. "Drug or Intoxicant" shall be defined as any substance that impairs an employee's ability to perform his/her job or poses a threat to the safety of others. H. "Drug Testing" shall normally be defined as the collection of a urine specimen by medical personnel and a laboratory analysis of that specimen. The initial drug screen will be a form of immunoassay identification with confirmation testing of any positive results with Gas Chromatography/Mass Spectrometry (GUMS) or other medically accepted testing methods. For purpose of this policy, an employee is irrefutably presumed to be under the influence of drugs if urinalysis or other acceptable testing procedures shows a forensically acceptable positive quantum of proof of drug or alcohol usage. 57 I. "Reasonable Suspicion" shall be defined as a belief that an employee is using or has used drugs or alcohol in violation of this policy. Reasonable suspicion must be based on specific, objective facts and any rationally derived inference from those facts about the conduct of an individual that would lead the reasonable person to suspect that an individual is or has been using drugs while on or off duty or alcoholic beverage while on duty or proximate to reporting to duty. The types of objective facts may include; (1) information obtained from a reliable informant; (2) a preventable accident of a serious nature where there appeared to be operator negligence or carelessness; (3) a flagrant violation of standard operating or safety procedures; and (4) any AWOL of two or more consecutive days. AWOL is defined here as an employee not calling in or showing up to work. Such conduct or inability to perform may include, but is not limited to, a drop in the employee's performance level, impaired judgment, reasoning level of attention or behavioral change or decreased ability of the senses. Physical characteristics indicating reasonable suspicion may be a pattern of abnormal or erratic behavior; physical symptoms (i.e., glassy or bloodshot eyes, slurred speech, odor of alcohol or marijuana, unsteady gait, poor coordination of reflexes) or direct observation of drug or alcohol use. J. "Rehabilitation Program" shall be defined as a professional counseling program (medical as well as professionally certified and recognized counselors) designed to offer rehabilitative assistance to employees who need help in resolving their alcohol abuse or drug dependence problems. It will generally be voluntary for the employee. However, in cases of positive drug tests, it may be required by a mandatory supervisory referral. Supervisors may also invite an employee to participate in a rehabilitation program when performance would indicate the need for professional assistance to solve an attendance, alertness, or attitude problem. In such instances, participation is optional, but if the employee refuses to attend, he/she shall not be able to use alcoholism or drug addiction as a defense in subsequent discipline for failure to perform. K. "Under the Influence" or "Impaired" shall be defined as behavior which may limit an employee's ability to safely and efficiently perform his/her job duties, or poses a threat to the safety of the employee or others. DISCIPLINE AND OTHER SANCTIONS: I. Discipline for Drug and Alcohol Abuse or Problems. A. The sale, possession, manufacture, distribution, dispensation, use, or purchase of drugs or alcoholic beverages on the City's premises or during work hours is against the City's policy and is cause for immediate discharge. Further the sale, possession, manufacture, W distribution, dispensation, use, or purchase of controlled substances is grounds for disciplinary action. Reporting to work impaired or under the influence of intoxicants such as alcohol or un- prescribed drugs, as well as prescribed drugs used improperly or which when used would induce an unsafe mental or physical state is against the City's policy. Violation of this policy will be grounds to discipline up to and including termination. II. Arrest and Conviction of a Drug or Alcohol Offense: A. To reduce the potential exposure of the City should an employee continue to operate vehicles or machinery while impaired or while initially going through some form of rehabilitation, employees arrested for a drug or alcohol related offense should notify the City Manager within seventy-two (72) hours and prior to returning to work. An arrest is not sufficient to terminate, absent some other objective findings. Failure to notify the City Manager about the arrest may result in immediate discharge. B. Any employee convicted (a finding of guilt, including a plea of guilty or nolo contender, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal statutes) of violating criminal statutes pertaining to controlled substances or alcohol, regardless of time or location, must immediately (no later than seventy-two (72) hours from the date of the conviction) report the conviction to the City Manager. C. The City shall take one of the following actions, within 30 calendar days of receiving notice under subparagraph (II B.), with respect to any employee whom is so convicted. Taking appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. III. Rehabilitation Programs: A. The policy of encouraging an employee to voluntarily enroll in a rehabilitation program for either alcohol or drugs before being discovered as impaired on the job is not to be interpreted as conflicting with the City's rule concerning discipline for the sale, purchase, use, or possession of drugs or alcohol. B. Employees who are mandatorily referred into a rehabilitation program as a condition of employment must abide by those terms and conditions of the referral, must attend necessary AA or similar meetings, must remain drug/alcohol free while at work, must 59 ensure that their job performance and productivity do not suffer, and must submit to a random program of drug screening for a minimum of one (1) year and not test positive for illegal drugs. Failure to abide by the conditions of the treatment plan or to maintain acceptable job performance will be cause for separation from the City. C. Employees who experience a recurrence of their drug or alcohol problem may not be eligible for an additional rehabilitation period and may be terminated in accordance with the disciplinary and complaint/appeal policies. This will be determined on a case -by -case analysis by the City Manager based on the employee's job performance in the interim and other factors for the good of the City. PROCEDURES AND NOTIFICATIONS: IV. Employees are to be notified that: A. City rules and policies prohibit the unlawful manufacture, distribution, dispensation, possession or use of controlled substances either on or off duty; the possession and use of drugs or alcohol while on duty or on City property or in a City vehicle; and/or being at work while under the influence of a controlled substance, drug, or alcohol. Any violation of these rules and policies will subject the employees to discharge. In addition, any employee tampering with the results of a drug test shall also be terminated. B. Based on reasonable suspicion, employees will be required to submit to drug or alcohol testing. Prior to requiring such testing, a supervisor shall articulate the basis for his suspicion to the employee. Whenever possible, the basis for the reasonable suspicion will be communicated to the City Manager before the supervisor speaks to the employee. However, the supervisor shall not delay taking action if the City Manager cannot be contacted quickly. The supervisor or department head will immediately transport the employee to an appropriate facility for the alcohol or drug test. Prior to testing, the employee will be required to sign a form consenting to testing. Failure or refusal to sign the consent form and/or to submit to testing will be cause for an adverse inference to be drawn relative to being under the influence and will also result in a charge of insubordination and the appropriate discipline up to and including termination will be administered based on the specific facts of the case and in accordance with the disciplinary policy and complaint/appeal policy. C. An employee, whose drug or alcohol test result in a positive finding will be subject to disciplinary action, up to and including discharge. Such action will occur after the results of the drug -alcohol tests and in accordance with disciplinary and complaint/appeal procedures. Employee may request a retest of the sample at the employee's expense. D. Testing shall be carried out by a third party provider and strict confidentiality in accordance with all applicable laws and statutes shall be maintained. V. Employer to notify: A. The City is required to notify the appropriate federal agency within ten (10) days after receiving notice as referenced in subparagraph II B., from an employee or otherwise being notified. SUPERVISORS AND EMPLOYEE EDUCATION AND TRAINING: Supervisors will be trained: A. To recognize when employees appear unfit for duty because of controlled substances, drugs or alcohol and how to determine reasonable suspicion. B. To effectively and appropriately intervene in reasonable suspicion instances. C. To understand the methods of City drug and alcohol testing procedures. D. To effectively and appropriately document reasonable suspicion cases prior to the test and after the meeting with the employee. E. In issues relative to privacy, search and seizure, and employee representation rights during investigations. Employees will be trained: A. About their rights and responsibilities under this policy. B. The method of selecting employees for testing. C. The lingering health effects of drug and alcohol use. D. The consequences of testing positive or refusing to test 7.07 Personal Use of City of Sanger Property In some instances, employees may be allowed to borrow certain City tools or equipment for their own personal use while on our premises. In no instance may this be done off our premises, or without prior management approval. You understand and agree that the City of Sanger is not liable for personal injury incurred during the use of the City of Sanger property for personal projects. As a City of Sanger employee, you accept full responsibility for any and all liabilities for injuries or losses which occur, or for the malfunction of equipment. You are responsible for 61 returning the equipment or tools in good condition and you agree that you are required to pay for any damages that occur while using the equipment or tools for personal projects. 7.08 Solicitations and Distributions Solicitation for any cause during working time and in working areas is not permitted. You are not permitted to distribute literature that is not business -related in work areas at any time. Employees are not permitted to sell chances, merchandise or otherwise solicit or distribute literature without management approval. Persons not employed by the City of Sanger are prohibited from soliciting or distributing literature on City of Sanger property or from being on City property not open to public access. 7.09 Uses of the City of Sanger Vehicles If you are authorized to operate a City -owned vehicle in the course of your assigned work, you must adhere to the following rules: 1. You must be a Texas licensed driver. 2. The City of Sanger provides insurance on the City of Sanger vehicles, however, you will be considered completely responsible for any fines, moving or parking violations incurred. Some vehicles may be driven home after hours, however, no employee will use a vehicle for other than official City business. Misuse or neglect of a vehicle will result in disciplinary action. 4. Persons not authorized or employed by the City of Sanger cannot operate or ride in a City of Sanger vehicle. 5. If an employee has an accident while operating a City vehicle, he or she will notify the police department and their supervisor immediately. The employee's supervisor or designee will immediately take the employee for post accident drug and alcohol testing as soon as the employee is released from the scene by the police department. 7.10 Violence in the Workplace Policy The City of Sanger has adopted a policy prohibiting workplace violence. Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or coercion, which involve or affect the City of Sanger or which occur on the City of Sanger property will not be tolerated. 62 Acts or threats of violence include conduct which is sufficiently severe, offensive, or intimidating to create a hostile, abusive, or intimidating work environment for one or several employees. Examples of workplace violence include, but are not limited to, the following: 1. All threats or acts of violence occurring on the City of Sanger's premises, regardless of the relationship between the parties involved. 2. All threats or acts of violence occurring off the City's premises involving someone who is acting in the capacity of a representative of the City of Sanger. Specific examples of conduct which may be considered threats or acts of violence include, but are not limited to, the following: Hitting or shoving an individual. 2. Threatening an individual or his/her family, friends, associates, or property with harm. 3. Intentional destruction or threatening to destroy the City of Sanger's property. 4. Making harassing or threatening phone calls. S. Harassing surveillance or stalking (following or watching someone). 6. Unauthorized possession or inappropriate use of firearms or weapons. The City of Sanger prohibition against threats and acts of violence applies to all persons involved in the City's operation. Violations of this policy by any individual on City property will lead to disciplinary action, up to and including termination and/or legal action as appropriate. Every employee is encouraged to report incidents of threats or acts of physical violence of which he or she is aware. The report should be made to your supervisor. 7.11 Complaint/Appeal Procedures PURPOSE The purpose of this policy is to: 1. Assure City employees that their work -related complaints or appeals will be treated in an appropriate manner. GZ 2. Facilitate free discussion of employment and employee problems between supervisors and employees in order to foster a better understanding of City policies, procedures and practices. 3. Promote arriving at a resolution of the issue in a climate of mutual understanding and objective thinking. 4. Assure that no employee is retaliated against for utilizing this policy and procedure: and 5. Allow for appeal of disciplinary actions including discharge. POLICY It is the Policy of the City of Sanger that: 1. This complaint and appeal procedure will be available to all employees, excluding employees appointed by the City Council of the City of Sanger. 2. All employees involved in processing a complaint or appeal will work diligently to ensure that all complaints and appeals are handled fairly and expeditiously and that all required deadlines are met. 3. Every effort shall be made to resolve complaints and appeals at the lowest possible level in the organization. 4. No employee shall be restrained from filing a complaint or retaliated against in any way as a result of using this procedure. 5. Department heads shall be responsible for the administration of this procedure within their respective departments and for maintaining the confidentiality of employees filing complaints and appeals. 6. The City of Sanger is an At -Will employer and nothing contained in these policies and procedures shall be construed to create a contractual employment relationship or property interest. DEFINITIONS City Manager - for purposes of this policy shall mean City Manager, Acting City Manager or designated representative. Complaint - a dispute regarding the interpretation or application of any City or department rule, regulation, policy, plan or procedure which exists under the personnel system of the City of Sanger or any complaint concerning a circumstance or action Z involving an employee's work, wages, performance evaluations, hours of work, or conditions of work which he or she feels is unjust or unfair. Appeal - a request to review a dispute regarding disciplinary action taken against the employee including discharge. Business Day - defined as Monday - Friday 8:00 a.m. - 5:00 p.m.; official City holidays do not count towards number of days allowed for appeal or review. Director - Head of department or his or her designated representative. COMPLAINT / APPEAL PROCEDURE STEPS 1. It is the responsibility of an employee who believes that he or she has reasons for a complaint/appeal to inform or discuss such reasons with his or her immediate supervisor within five (5) business days of the employee's actual or constructive knowledge of the occurrence of the event causing the problem. Along with presenting the problem, it is recommended that the employee verbally express the suggested solution. The supervisor shall give an oral response to the employee within five (5) business days or less. Every reasonable effort shall be made to resolve the problem at this step. If the employee is not satisfied with his or her supervisor's oral response, then the employee may, within three (5) business days, file a formal complaint/appeal. 2. Employee shall complete a written Employee Complaint/Appeal Form, (attachment A), available from Human Resources and submit it to his or her Department Director. The Department Director shall conduct such investigation as may be necessary prior to making a decision. Within ten (10) business days of having received the written complaint/appeal the Director shall respond in writing to the employee concerning the complaint/appeal. 3. If the Department Director's response is not acceptable to the employee, the employee, within five (5) business days, shall so indicate on the Employee Complaint/Appeal Form by requesting in writing that a review be made by the City Manager. The City Manager may request a meeting with all parties involved, separately or together, and conduct such investigation as may be necessary prior to making a decision. 4. The City Manager shall provide a final decision to the employee within ten (10) business days of receipt of the form. The decision of the City Manager is final and may not be further appealed. 65 GENERAL PROVISIONS 1. Complaints may be initiated only by the employee concerned and may not be pursued without the affected employee's consent. 2. A Department Director hearing a formal complaint/appeal shall contact Human Resources for advice and assistance. A supervisor may contact Human Resources for assistance and guidance. 3. This procedure is normally intended for the use of individual employees. Should a number of employees or the same employee file separate complaints on the same or closely related matter, those complaint/appeals may be combined at the sole discretion of the City Manager. 4. Any complaint/appeal shall be considered resolved at the completion of any step if all parties are satisfied or if the party does not appeal the matter to the next level within the prescribed period of time. 5. Either party to a complaint/appeal may extend the time limits by both parties agreeing to an extended time frame or by receiving approval of the City Manager. All parties shall be notified of the approved extension. 6. It is the responsibility of all City employees involved in the complaint/appeal process to maintain confidentiality. 7. The City of Sanger reserves the right to change, modify, amend, revoke, or rescind all or part of this policy in the future.